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Home My WebLink AboutSurf City Lifeguard Employees' Association (SCLEA) - 2015-06-01 Dept. ID HR 15-001 Page 1 of 2 Meeting Date:6/1/2015 CITY OF HUNTINGTON BEACH �. REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 6/1/2015 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager a PREPARED BY: Michele Warren, Director of Human Resources SUBJECT: Adopt Resolution No. 2015-24, approving and implementing the Memorandum of Understanding (MOU) between the Surf City Lifeguard Employees' Association (SCLEA) and the City for the term July 1, 2014 through September 30, 2015; authorize the City Manager to execute the MOU; and, authorize a Fiscal Year 2014-15 budget appropriation in the amount of$47,333 Statement of Issue: The City and the Surf City Lifeguard Employees' Association (SCLEA) have tentatively agreed to enter into a new Memorandum of Understanding (MOU) for the period July 1, 2014, through September 30, 2015. Financial Impact: The estimated General Fund impact of the SCLEA Memorandum of Understanding for FY 2014/15 is the pro-rated amount of $47,333, based upon date of implementation following City Council approval. A budget appropriation adjustment in the amount of $47,333 is requested for the Fire Department to implement the MOU in FY 2014/15. For FY 2015/16, the year-over-year estimate has been built into the baseline annual impact labor cost projections for the Proposed General Fund Budget effective October 1, 2015. If the proposed SCLEA MOU was for a full fiscal year, the total annual estimated General Fund impact would be $177,942. Recommended Action: A) Adopt Resolution No. 2015-24, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the City and the Surf City Lifeguard Employees' Association (SCLEA) for July 1, 2014 Through September 30, 2015;" and, B) By adoption of the resolution approving and implementing the SCLEA MOU, Council hereby approves the required Fiscal Year 2014-15 budget appropriation adjustment in the amount of $47,333. Alternative Action(s): Do not adopt the Resolution and direct staff to continue to meet and confer with SCLEA. Analysis: The SCLEA Memorandum of Understanding (MOU) expired June 30, 2014; the parties have been engaged in ongoing negotiations and have agreed to a successor MOU for a period of 15 months. Highlights from the listing of proposed pay and benefit changes include the following: HB -61- Item 6. - I Dept. ID HR 15-001 Page 2 of 2 Meeting Date:6/1/2015 Term of Agreement July 1, 2014, through September 30, 2015. Wages 6.75% wage increase (all unit members) effective following Council approval. Change to Lifeguard III wage table effective July 4, 2015. This shift eliminate steps A and B, and replaces them with steps C and D. Retirement PARS members to contribute 7.5% towards the employee-paid share (increase of 3.75%). This represents a full retirement contribution by the bargaining unit. Death Benefit $10,000 final expense benefit to be paid in the event a unit member expires in the course and scope of active duty (employees of this unit do not qualify for city-sponsored life insurance). There were appropriate modifications to a variety other provisions including, but not limited to, incorporation of previously adopted side,letters of agreement, and general clean-up language. A summary of these and all other negotiated provisions are included in Attachment 2 - Exhibit "A". Environmental Status: N/A Strategic Plan Goal: Improve quality of life Strengthen economic and financial sustainability Enhance and maintain public safety Attachment(s): 1. Legislative Draft— Memorandum of Understanding Between the Surf City Lifeguard Employees' Association (SCLEA) and the City of Huntington Beach for July 1, 2014, through September 30, 2015. 2. Resolution No. 2015-24, "A Resolution of the City Council of the City of Huntington Beach Approving and Implementing the Memorandum of Understanding Between the City and the Surf City Lifeguard Employees' Association (SCLEA) for July 1, 2014 through September 30, 2015," including Exhibit "A" Memorandum of Understanding Item 6. - 2 HB -62- ATTACHNIL `f 1 , SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE I - TERM OF MOU 1 ARTICLE 11 - REPRESENTATION 1 A. REPRESENTATION UNIT 1 B. EMPLOYEE AND UNION RIGHTS 1 ARTICLE III - PAYROLL DEDUCTION OF UNION DUES 2 ARTICLE IV - UNIFORM ALLOWANCE 2 A. NEW HIRES 2 B. DAMAGED UNIFORM ARTICLES 2 C. UNIFORM - RETURNING RECURRENT OCEAN LIFEGUARD 2 D. SUNSCREEN AND LIP BALM 2 E. REPORTING OF UNIFORMS 2 ARTICLE V - PARKING PASSES 3 A. PARKING PASSES 3 B. PARKING PASS- BEFORE REQUALIFICATION 3 ARTICLE VI - ANNUAL RECURRENT OCEAN LIFEGUARD RE-QUALIFICATIONS 3 A. WORK AVAILABLE-- RETURN TO ACTIVE EMPLOYMENT 3 ARTICLE VII - ANNUAL PHYSICAL AND TECHNICAL TESTING 4 ARTICLE VIII - SALARY SCHEDULE 4 A. CURRENT SALARY SCHEDULE 4 B. WAGE INCREASES 4 ARTICLE IX - RETIREMENT 4 ARTICLE X-WORK DAY; WORK WEEK 5 A. FALL,WINTER, SPRING&SPRING BREAK AND SUMMER 5 B. NOT A GUARANTEE OF WORK 5 C. 1,500 HOURS 5 ARTICLE XI - SPECIAL PAY 6 A. EMT 6 B. BILINGUAL PAY 7 C. EFFECTIVE DATE OF SPECIAL PAY 6 ARTICLE XI - OVERTIME 7 SCLEA MOU July 1, 2014 through Sept.3o,2015 Leg1S12tiVE Draft.docx July 1 2014—September 30,2015 Item 6. - 4 HB -64- SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE XII — MISCELLANEOUS 6 A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 6 B. RETURN TO WORK POLICY 6 C. GRIEVANCE PROCEDURE 7 D. DEATH RELATED BENEFITS ARTICLE XIII - CITY COUNCIL APPROVAL 8 EXHIBIT A 9 SCLEA MOU July 1, 2014 through Sept.3o,2015 LegislatiNk Draft.docx July 1 2014—September 30.2015 HB -65- Item 6. - 5 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA„) Article I — Term of MOU The City of Huntington Beach ("City") and the Surf City Lifeguards Employees Association ("SCLEA") have reached agreement for a limited Memorandum-of-Understanding ("MOU") for the term of JuIy 1, 2014 —,,September 30, 2015. The terms and conditions of employment are as follows: Article II — Representation A. Representation Unit City recognizes SCLEA as the representative concerning all matters relating to employer-employee relations including, but not limited to wages, hours and other conditions of employment for all employees in the "Recurrent Ocean Lifeguard" Representation Unit, as follows: Included: All City of Huntington Beach "Recurrent Ocean Lifeguard" (Classifications: Ocean Lifeguard I, Ocean Lifeguard II, Ocean Lifeguard III, Junior Guard Instructor I, Junior Guard Instructor II, Junior Lifeguard Program Coordinator I, and Junior Lifeguard Program Coordinator II). Excluded: Management Personnel, Marine Safety Officers, and all other employees. B. Employee and Union Rights SCLEA shall have the right to represent all employees in the "Recurrent Ocean Lifeguard" representation unit in their employment relations with the City, including the Meyers-Milias-Brown Act ("MMBA") "meet and confer" process. cri Goo=�n�9Ta.Qnnni i o�m ono z oa_,„_Q Gir i6i SCLEA MOU July 1 2014—Septembef 30 2015fi Item 6. - 6 HB -66- SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") Article III — Payroll Deduction of Union Dues City will continue to deduct SCLEA's monthly union dues (on a bi-weekly basis) as designated by SCLEA, and authorized by the individual employee. SCLEA agrees to hold the City harmless for such payroll deductions. In the event of a SCLEA fee arrangement outside of an agreement that is in effect, SCLEA shall indemnify and hold the City of Huntington Beach harmless against any liability arising from any claims, demands, or other action relating to the City of Huntington Beach's compliance with SCLEA's fee obligation as stated in Government Code §3502.5.b.2. Article IV — Uniform Allowance A. New Hires All new hires will be issued, at no charge, a full set of uniform articles and equipment which includes: a hat, T-shirt, jacket, shorts, men's black swimsuit, women's red swimsuit, tear-away sweatpants, sandals, fins, sunglasses and bag. B. Damaged Uniform Articles The Operations Supervisor will replace uniform articles and equipment as referenced in Article IV A. that are damaged in the line of duty or worn out by the passage of time. C. Uniform - Returning Recurrent Ocean Lifeguard The city shall provide one set of shorts and a shirt to each returning "Recurrent Ocean Lifeguard". D. Sunscreen and Lip Balm The city shall provide Sun Protection Factor (SPF) 15 or higher sunscreen and lip balm to all SCLEA members. E. Reporting of Uniforms For each CalPERS employee, the City will report to the California Public Employees' Retirement System (CaIPERS), the average annual cost of uniforms provided as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). The average annual cost of uniforms provided shall include uniforms issued and article replacements during a payroll calendar year. Reporting shall not include personal protective equipment, unless otherwise permitted in accordance with CalPERS law. SCLEA MOU July 1 2014—Se #embe230.20156 HB -67- Item 6. - 7 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") 1. This section shall not apply to new members of this unit who are designated by CalPERS as "new members" in accordance with GC Section 7522.04 (f) and whose "Pensionable Compensation" is subject to the provisions of GC Section 7522 2w1 _ Article V — Parking Passes A. Parking Passes Parking passes will be issued to "Recurrent Ocean Lifeguards" who pass the annual re-qualification exam. B. Parking Pass - Before Requalification Before re-qualification has been completed: 1. A parking pass will be provided to recurrents who are called to work; and 2. Recurrents who come to the beach to train may obtain a temporary pass for that day from the on-duty Operations Supervisor. Article VI — Annual Recurrent Ocean Lifeguard Re-qualifications A. Work Available -- Return to Active Employment If there is work available and if the "Recurrent Ocean Lifeguard" meets the following criteria, the "Recurrent Ocean Lifeguard" shall be returned to active employment for the following season: 1. The employee performance evaluations meet Marine Safety Division (MSD) standards; 2. The employee did not resign or was not terminated from employment with the City; 3. The employee completed the existing minimum hour working standard; 4. The employee has successfully completed the yearly re- qualification exam; 5. The employee has successfully completed and responded by the dates designated in the recurrent Spring questionnaire. SGi EA LKA 1 2007_2002 FINAI SCLEA MOU July 1,2014—Septembe330 2015fi Item 6. - 8 xB -68- SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") Article V11 — Annual Physical and Technical Testing A. City will continue to provide annual physical and technical testing of "Recurrent Ocean Lifeguards." B. City to provide annual skin cancer screening examinations to all unit employees to be conducted by a medical facility selected by the City at Lifeguard HQ or Junior Guard HQ- Unit employees who are screened off duty will be l2aid one (1) hour of cp=ensafion at the employee's base hourly rate of pay. Article Vill — Salary Schedule A. Current Salary Schedule "Recurrent Ocean Lifeguards" shall be compensated at an hourly rate by classification title and pay range, as set forth in Exhibit A. B. Wage Increases 1. Effective the beginning of the first full pay period following City Council approval or that 0 Gludes jURe 15, 2007-june 6, 2015, whichever is later, all bargaining unit employees shall receive a three and GRe half peFGeRt (3.5°44sLix and three-quarter percent 6.75% wage increase. 2. Employees iR the GlaSSifiGatiOR E)f JWRi9F Guard lRGtFUGtGF 11 FeGeived a (5%) wage !RGFease GR june 188, eXGhaRge GmoFgeRGv MediGal TeGhRiGiaR (EMT-) speGial pay-e4git�W. 9. F=..--.;ve the fiFst full pay eFied that 2-0 08, all bargaiR.Rg Unit eM,.-Y--s shall reGeive a GRe and ene-half peFGeRt (1.5-04) wage iRGFease. 2. The salary schedule of the classification of Lifeguard III will be modified, effective the beginning of the pay period of July 4, IW211 to reflect a structural change deleting the current A-step and B-step SCLEAMOU 2Q&T-2009-RNAL-SCLEA MOU July 1,2014-Septembe430,2015 HB -69- Item 6. - 9 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") houriv rate and ru res" cturing the schedul��U . _Making C-step the new A 99L. Article IX — Retirement All employees not eligible for enrollment in the California Public Employee's Retirement System (CalPERS) shall be enrolled in the Public Agency Retirement Services (PARS). E#eG_#;V fw�y tperied that il—Glude-s- August t te 2.25% a`Rd the empleyee shal�l �- iblte ee PARS GeR#4btAiGn- +,'---+L tiRIGI-0 06144 C;Z5, ie Effective the beginning of the pay period following City Council approval of this MOU, or June 6, 2015, whichever is later, all PARS contributing employees of this unit shall pay the4u#-7.5% towards the PARS contribution. Article X — Work Day; Work Week A. Fall, Winter, Spring & Spring Break and Summer City shall establish work schedules for Fall, Winter, Spring & Spring Break, Summer and other schedules as needed. B. Not a Guarantee of Work Neither this provision nor any work schedule shall constitute a guarantee of work (either daily or weekly) for "Recurrent Ocean Lifeguards". C. 1,500 Hours An employee represented by the SCLEA may work up to one thousand five hundred (1,500) hours in a twelve-month (12-month) period. The 12-month period shall be based on a City payroll calendar year. An employee shall not work more than 1,500 hours in this 12-month period. I SGLEA-MGU 10— &7-240&-FMA�-SCLEAMOU July 1,2014-Septem_be53020156 Item 6. - 10 HB -70- SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") Article Xt — Special Pay A. EMT 1. EffeGti�P -b�ttF#v'� --�i�2hJvi ncar�i-- rV pram) c!'ci'iii'�rvr—d'ciaia e a 11 WMT� Il ^O+ 4 1. EmDiovees who n� i�;t- �� cel zificat =� c E yet enov Medical Technicians CEMTs°) according to Mate of California eguiations_gnd Orange County EMT policy in the classifications of Ocean Lifeguard I, Junior Guard Instructor I Junior Guard Instructor Il, Junior Lifeguard Program Coordinator I and Junior Lifeguard Program Coordinator Il, shall receive an additional five r)ercent (5%) per hour above their base hourly rate of pay. It is the employee's responsibility to maintain the-4 EMT certification and to have a current EMT Certification on file. This provision shall become effective June 30, 2014. 2. Employees in the classifications of Ocean Lifeguard 11 and Ocean Lifeguard III shall not be eligible for EMT special pay. Employees in these classifications shall be paid their base hourly rate for the 24 hours of required bi-annual re-certification. The hours paid/worked during the bi-annual EMT re-certification course shall not count towards satisfying the minimum hour requirement for reserve status. This provision shall be effective for all recertification completed on or after May 1, 2014. ILEA MOU July 1.2014—Septembe630.2015fi HB -7 1- Item 6. - 11 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") B. Bilingual Pay SCLEA employees, who use their bilingual skill as part of their job assignment, shall be paid an additional five percent (5%) over their base hourly rate of pay. Employees shall be tested and certified by the Human Resources Manager as to their language proficiency in order to be eligible for said compensation. Eligibility for bilingual pay shall be limited to the following languages: Spanish, Vietnamese, French, German, Japanese and American Sign Language. C. Effective Date of Special Pay All special pay shall be effective the beginning of the first full pay period following certification and verification as approved by the Department Head or designee. Article XII — Overtime All unit employees shall be compensated at time and one half the regular rate of pay for all hours worked in excess of forty (40) hours per week. Article XIII — Miscellaneous A. Employer-Employee Relations Resolution During the term of the agreement, the City and SCLEA agree to update the Employee-Employer Relations Resolution to reflect current State law. B. Return to Work Policy The City and the Association agree to the implementation of an Administrative Regulation for a Return to Work / Transition Duty Program for employees who experience industrial and non-industrial injury or illness. C. Grievance Procedure For the purpose of this procedure, a grievance is specifically defined as a dispute concerning the interpretation or application of any provision of the Memorandum of Understanding or any departmental rule governing personnel practices or —G Cn MO i 2nm 490 ciniat CLEA MOU July 1 2014—Septembe730,2015fi Item 6. - 12 Ks -72- SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") working conditions. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1. If a SCLEA employee feels that he has a grievance, as defined in B-Cabove, he or she may request a meeting with his immediate Marine Safety Lieutenant within ten (10) calendar days after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance. The Marine Safety Lieutenant, within five (5) calendar days of such request, shall meet with the employee when so requested and discuss the grievance in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute. The Marine Safety Lieutenant shall present; verbally and in writing, his decision to the employee within five (5) calendar days from the time of the informal discussion. Step 2. If the grievance is not settled under Step 1, the grievance may be presented to the Marine Safety Chief. The grievance shall be submitted within five (5) calendar days after receipt of the written decision from Step 1. Within five (5) days after receipt of the written grievance, the Marine Safety Chief shall meet with the employee and his immediate supervisor, if any. Within five (5) calendar days thereafter, a written decision shall be given to the employee from the Marine Safety Chief. The ion-by the-MaaFiRe-Safety Chief shut, Step 3. If the grievance is not settled under Step 2 the grievance may be presented to the Department Director/Fire Chief or designee. The grievance shall be submitted within five (5) calendar days after receipt of the written decision from Step 2 Within five (5) days after receipt of the written grievance, the Department Director/Fire Chief or designee shall meet with the employee and his/her immediate supervisor, if any. Within five (5) calendar days thereafter, a written decision shall be given to the employee from the Department Director/Fire Chief or designee. The decision by the Department Director/Fire S-G FAN„nnnI ii:20&7- nsz Ginioi cCLEA MOU July 1 2014—Septembe830 2015fi HB -73- Item 6. - 13 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") Chief or designee shall be considered final and shall end the grievance procedure. In the event the grievant does not comply with the time limits imposed by this Article, the decision is deemed final and the grievance process shall end. D. AB 1522 — Health v Workplaces, Healthy Families Act of 2014. The City agrees to provide unit members with paid sick leave benefits in accordance with state La—Ll�3 E. Death Related Benefits In the eveni a SCLEA mernber ex.i-.,i,---,-z .wh€le...engaoinc in the Derformance of his/her duties jn the curse and score of his/her work and sh0uld '-Iis/her beneficiaries/survivors be entitled to death-related benefits in accordance with State of California Workers' Compensation law, the City agrees to provide the named beneficiary designated to receive the employee's final pay warrant as the beneficiary for a one-time final expense stipend of $10,000. Such stipend shall be in addition to, and not in lieu of, any death-related and/or other benefits his/her beneficiaries/survivors may be entitled to under State of California Workers' Compensation law. Such stipend payment to the beneficiary is not life insurance and is subject to the appropriate treatment under Internal Revenue Service regulations I SCI F.A.MQU 20N-2-9��SQLEA MOU July 1, 2014—Septembe@30,20156 Item 6. - 14 HB -74- SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") Article XIIII — City Council Approval It is the understanding of the City and SCLEA that this MOU has no force or effect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 2"4 day of 2015 july 2007. City of Huntington Beach Surf City Lifeguard Employees' Association (A Municipal Corporation) By: By: Fred A. Wilson Chris Hubbard City Manager SCLEA President By: By: Ken Domer Dhane Stephenson Assistant City Manager Negotiations Team By: By: Michele Warren Ryan Camps Director of Human Resources Negotiations Team By: By: Mike Baumgartner Adam I. Miller Marine Safety Division Chief SCLEA Attorney By: By: JoAnn Diaz Corey A. Miller Principal Human Resources Analyst SCLEA Representative By: Sandy Henderson Human Resources Analyst Approved as to form: Michael Gates City Attorney CLEA MOU July 1,2014—Septembd030 20156 xB -75- Item 6. - 15 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") EXHIBIT A- SALARY SCHEDULE HeuFly Pay gGhedwle FaffeGtiVe j6lRe 2, 2007 (3.50% wa,,- OR A 92440521 1-.bfeguaFd 1 374 $14.09 $14.96 $15.698 $16.54 $17.45 024&4� nGeaR Lifeguard 11 442 $17.00 $17.94 $1&93 $19.97 $21.07 lu f e g tj a rd 111 4-2-7 $18.35 $19.36 $20.42 $24.54 $22.7-2 024Pa 397 $45-.4a $!5.96 $4477,� $47,45 $19.62 2 Q 1 01 r-1 0259i9477 jURiGF Lifeguard PrGgrarn 4-5; $21.30 $22.47- $23.71 $25.91 $26.39 GoordiRate-r-4 Q23&0476 jWRi9F LifeguaFd PFogFaR; 445 $24.50 $25.85 $27.27 $29.77 $30.35 GooFdiRato" HeuFly Pay SGhedule FzffeGtiV8 May 31, 2008 (1.5% - 0244/9521- QGeaR Lifeguar-d 1 377 $14.30 $15.09 $15.92 $16.90 $17.72 0248/0504 QGeaR Lifeguard 11 445 $17.27 $18.22 $19.22 $29.29 $21.40 024910439 QGeaR Lifeguard 430 $18.61 $19.63 $20.71 $21.85 $23K85 0246 - rduRStr-UGte 3-90 $15.25 $16.09 $16.99 $17.91 $18-89 0247/0579 jURiOF GuaFd IRStFUGter-4 44-5 $17-K27 $18-22 $49K22 $20K29 $21.40 0258i9477 jUROGF Lifeguwd PregFam 499 $21.62 $22.81 $24.06 $25.39 $26.7-8 GoGrd;Rate-r-4 Sri FA A40112007-2008 FINAI SCLEA MOU July 1,2014-Septembdi130,2015fi Item 6. - 16 HB -76- SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEAl EXHIBIT A- SALARY SCHEDULE 6.75/o LFfn-Fiiro X ob Coded Classificatione . Range ,�, 1� 18 >� Ct E 244 0521 Ocean Lifeguard I SCL377 15.27 16.11 16.99 17.93 18.92 248 0504 Ocean Lifeguard 14 SCL415 1 18.44 19.45 20.52 21.65 1 22.84 149/o4 =9 `:ocean Lifv'PCU-nrd III SCL430 19.87 2 t. 6 22.11 23.52 24.61 246 Junior :ward Instructor I SCL390 16.28 17.18 18.13 19.12 20.17 247 0573 Junior Guard Instructor II SCL415 18.44 19.45 20.52 21.65 22.84 250 0477 Junior Lifeguard Program Coordinator I SCL460 23.08 24.35 25.68 27.09 28.59 236 0476 Junior Lifeguard Program Coordinator Ii SCL488 26.54 1 28.00 1 29.54 31.16 32.88 Modified Salary Schedule Effective July 4,�01 ','t ., olb Code Classification Rang A D E 249 0439 Ocean Lifeguard III SCL430 22.11 23.32 24.61 25.96 27.39 SCI EA CLEA MOU July 1 2014-Septembdi2;30.20156 KB -77- Item 6. - 17 ACHMENT #2 RESOLUTION NO. 2015-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) FOR JULY 1, 2014 THROUGH SEPTEMBER 30, 2015 The City Council of the City of Huntington Beach does resolve as follows: The Memorandum of Understanding between the City of Huntington Beach and the Surf City Lifeguard Employees' Association (SCLEA), a copy of which is attached hereto as Exhibit "A" and by reference made a part hereof, is hereby approved and ordered implemented in accordance with the terms and conditions thereof; and the City Manager is authorized to execute this Agreement. Such Memorandum of Understanding shall be effective for the term of July 1, 2014 through September 30, 2015. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the is t day of June , 20 15 . or REVIE RD APPROVED: APPROVED AS TO FORM: City ana er ;),),City Attorney INJT42kTED PROVED: kA Director of Human Resources 121608.doc MEMORANDUM OF UNDERSTANDING BETWEEN SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION AND CITY OF HUNTINGTON BEACH EB'il,1f0l ' � DULY 1 , 2014 - SEPTEMBER 30, 2015 SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE I - TERM OF MOU 1 ARTICLE II - REPRESENTATION 1 A. REPRESENTATION UNIT 1 B. EMPLOYEE AND UNION RIGHTS 1 ARTICLE III - PAYROLL DEDUCTION OF UNION DUES 2 ARTICLE IV - UNIFORM ALLOWANCE 2 A. NEW HIRES 2 B. DAMAGED UNIFORM ARTICLES 2 C. UNIFORM - RETURNING RECURRENT OCEAN LIFEGUARD 2 D. SUNSCREEN AND LIP BALM 2 E. REPORTING OF UNIFORMS 2 ARTICLE V- PARKING PASSES 3 A. PARKING PASSES 3 B. PARKING PASS - BEFORE REQUALIFICATION 3 ARTICLE VI - ANNUAL RECURRENT OCEAN LIFEGUARD RE-QUALIFICATIONS 3 A. WORK AVAILABLE-- RETURN TO ACTIVE EMPLOYMENT 3 ARTICLE VII - ANNUAL PHYSICAL AND TECHNICAL TESTING 4 ARTICLE VIII -SALARY SCHEDULE 4 A. CURRENT SALARY SCHEDULE 4 B. WAGE INCREASES 4 ARTICLE IX- RETIREMENT 4 ARTICLE X-WORK DAY; WORK WEEK 5 A. FALL, WINTER, SPRING &SPRING BREAK AND SUMMER 5 B. NOT A GUARANTEE OF WORK 5 C. 1,500 HOURS 5 ARTICLE XI - SPECIAL PAY 5 A. EMT 5 B. BILINGUAL PAY 6 C. EFFECTIVE DATE OF SPECIAL PAY 6 ARTICLE XII - OVERTIME 6 ARTICLE XIII - MISCELLANEOUS 6 i SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 6 B. RETURN TO WORK POLICY 6 C. GRIEVANCE PROCEDURE 7 D. AB 1522-HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014 8 E. DEATH RELATED BENEFITS 8 ARTICLE XIIII - CITY COUNCIL APPROVAL 9 EXHIBIT A - SALARY SCHEDULE 10 ii SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Article I — Term of MOU The City of Huntington Beach ("City") and the Surf City Lifeguards Employees Association ("SCLEA") have reached agreement for a limited Memorandum-of-Understanding ("MOU") for the term of July 1, 2014 — September 30, 2015. The terms and conditions of employment are as follows: Article 11 — Representation A. Representation Unit City recognizes SCLEA as the representative concerning all matters relating to employer-employee relations including, but not limited to wages, hours and other conditions of employment for all employees in the "Recurrent Ocean Lifeguard" Representation Unit, as follows: Included: All City of Huntington Beach "Recurrent Ocean Lifeguard" (Classifications: Ocean Lifeguard I, Ocean Lifeguard II, Ocean Lifeguard III, Junior Guard Instructor I, Junior Guard Instructor II, Junior Lifeguard Program Coordinator I, and Junior Lifeguard Program Coordinator II). Excluded: Management Personnel, Marine Safety Officers, and all other employees. B. Employee and Union Rights SCLEA shall have the right to represent all employees in the "Recurrent Ocean Lifeguard" representation unit in their employment relations with the City, including the Meyers-Milias-Brown Act ("MMBA") "meet and confer" process. SCLEA MOU July 1,2014—September 30,2015 1 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Article III — Payroll Deduction of Union Dues City will continue to deduct SCLEA's monthly union dues (on a bi-weekly basis) as designated by SCLEA, and authorized by the individual employee. SCLEA agrees to hold the City harmless for such payroll deductions. In the event of a SCLEA fee arrangement outside of an agreement that is in effect, SCLEA shall indemnify and hold the City of Huntington Beach harmless against any liability arising from any claims, demands, or other action relating to the City of Huntington Beach's compliance with SCLEA's fee obligation as stated in Government Code §3502.5.b.2. Article IV — Uniform Allowance A. New Hires All new hires will be issued, at no charge, a full set of uniform articles and equipment which includes: a hat, T-shirt, jacket, shorts, men's black swimsuit, women's red swimsuit, tear-away sweatpants, sandals, fins, sunglasses and bag. B. Damaged Uniform Articles The Operations Supervisor will replace uniform articles and equipment as referenced in Article IV A. that are damaged in the line of duty or worn out by the passage of time. C. Uniform - Returning Recurrent Ocean Lifeguard The city shall provide one set of shorts and a shirt to each returning "Recurrent Ocean Lifeguard". D. Sunscreen and Lip Balm The city shall provide Sun Protection Factor (SPF) 15 or higher sunscreen and lip balm to all SCLEA members. E. Reporting of Uniforms For each CalPERS employee, the City will report to the California Public Employees' Retirement System (CaIPERS), the average annual cost of uniforms provided as special compensation in accordance with Title 2, California Code of Regulations, Section 571(a)(5). The average annual cost of uniforms provided shall include uniforms issued and article replacements during a payroll calendar year. Reporting shall not include personal protective equipment, unless otherwise permitted in accordance with CalPERS law. SCLEA MOU July 1,2014—September 30,2015 2 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 1. This section shall not apply to new members of this unit who are designated by CalPERS as "new members" in accordance with GC Section 7522.04 (f) and whose "Pensionable Compensation" is subject to the provisions of GC Section 7522.34. Article V — Parking Passes F. Parking Passes Parking passes will be issued to "Recurrent Ocean Lifeguards" who pass the annual re-qualification exam. G. Parking Pass - Before Requalification Before re-qualification has been completed: 1. A parking pass will be provided to recurrents who are called to work; and 2. Recurrents who come to the beach to train may obtain a temporary pass for that day from the on-duty Operations Supervisor. Article VI — Annual Recurrent Ocean Lifeguard Re-qualifications A. Work Available -- Return to Active Employment If there is work available and if the "Recurrent Ocean Lifeguard" meets the following criteria, the "Recurrent Ocean Lifeguard" shall be returned to active employment for the following season.- 1. The employee performance evaluations meet Marine Safety Division (MSD) standards; 2. The employee did not resign or was not terminated from employment with the City; 3. The employee completed the existing minimum hour working standard; 4. The employee has successfully completed the yearly re-qualification exam; 5. The employee has successfully completed and responded by the dates designated in the recurrent Spring questionnaire. SCLEA MOU July 1,2014—September 30, 2015 3 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Article VI➢ — Annual Physical and Technical Testing A. City will continue to provide annual physical and technical testing of "Recurrent Ocean Lifeguards." B. City to provide annual skin cancer screening examinations to all unit employees to be conducted by a medical facility selected by the City at Lifeguard HQ or Junior Guard HQ. Unit employees who are screened off duty will be paid one (1) hour of compensation at the employee's base hourly rate of pay. Article Vill — Salary Schedule A. Current Salary Schedule "Recurrent Ocean Lifeguards" shall be compensated at an hourly rate by classification title and pay range, as set forth in Exhibit A. B. Wage Increases 1. Effective the beginning of the pay period following City Council approval or June 6, 2015, whichever is later, all bargaining unit employees shall receive a six and three-quarter percent (6.75%) wage increase. 2. The salary schedule of the classification of Lifeguard III will be modified, effective the beginning of the pay period of July 4, 2015, to reflect a structural change deleting the current A-step and B-step hourly rate and restructuring the schedule making C-step the new A step. Article IX — Retirement All employees not eligible for enrollment in the California Public Employees' Retirement System (CaIPERS) shall be enrolled in the Public Agency Retirement Services (PARS). SCLEA MOU July 1,2014—September 30, 2015 4 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Effective the beginning of the pay period following City Council approval of this MOU, or June 6, 2015, whichever is later, all PARS contributing employees of this unit shall pay 7.5% towards the PARS contribution. Article X — Work Day; Work Week A. Fall, Winter, Spring & Spring Break and Summer City shall establish work schedules for Fall, Winter, Spring & Spring Break, Summer and other schedules as needed. B. Not a Guarantee of Work Neither this provision nor any work schedule shall constitute a guarantee of work (either daily or weekly) for "Recurrent Ocean Lifeguards". C. 1,500 Hours An employee represented by the SCLEA may work up to one thousand five hundred (1,500) hours in a twelve-month (12-month) period. The 12-month period shall be based on a City payroll calendar year. An employee shall not work more than 1,500 hours in this 12-month period. Article XI — Special Pay A. EMT 1. Employees who maintain certification as Emergency Medical Technicians ("EMTs") according to State of California regulations and Orange County EMT policy in the classifications of Ocean Lifeguard I, Junior Guard Instructor I, Junior Guard Instructor II, Junior Lifeguard Program Coordinator I and Junior Lifeguard Program Coordinator ll, shall receive an additional five percent (5%) per hour above their base hourly rate of pay. It is the employee's responsibility to maintain the EMT certification and to have a current EMT Certification on file. This provision shall become effective June 30, 2014. 2. Employees in the classifications of Ocean Lifeguard II and Ocean Lifeguard III shall not be eligible for EMT special pay. Employees in these classifications shall be paid their base hourly rate for the 24 hours of required bi-annual re- SCLEA MOU July 1,2014—September 30, 2015 5 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) certification. The hours paid/worked during the bi-annual EMT re-certification course shall not count towards satisfying the minimum hour requirement for reserve status. This provision shall be effective for all recertification completed on or after May 1, 2014. B. Bilingual Pay SCLEA employees, who use their bilingual skill as part of their job assignment, shall be paid an additional five percent (5%) over their base hourly rate of pay. Employees shall be tested and certified by the Human Resources Manager as to their language proficiency in order to be eligible for said compensation. Eligibility for bilingual pay shall be limited to the following languages: Spanish, Vietnamese, French, German, Japanese and American Sign Language. C. Effective Date of Special Pay All special pay shall be effective the beginning of the first full pay period following certification and verification as approved by the Department Head or designee. Article XII — Overtime All unit employees shall be compensated at time and one half the regular rate of pay for all hours worked in excess of forty (40) hours per week. Article XIII — Miscellaneous A. Employer-Employee Relations Resolution During the term of the agreement, the City and SCLEA agree to update the Employee-Employer Relations Resolution to reflect current State law. B. Return to Work Policy The City and the Association agree to the implementation of an Administrative Regulation for a Return to Work / Transition Duty Program for employees who experience industrial and non-industrial injury or illness. SCLEA MOU July 1,2014—September 30,2015 6 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) C. Grievance Procedure For the purpose of this procedure, a grievance is specifically defined as a dispute concerning the interpretation or application of any provision of the Memorandum of Understanding or any departmental rule governing personnel practices or working conditions. The grievance procedure shall consist of the following steps, each of which must be completed prior to any request for further consideration of the matter unless otherwise provided herein: Step 1. If a SCLEA employee feels that he has a grievance, as defined in C above, he or she may request a meeting with his immediate Marine Safety Lieutenant within ten (10) calendar days after the employee becomes aware or reasonably should have become aware of the subject matter of the grievance. The Marine Safety Lieutenant, within five (5) calendar days of such request, shall meet with the employee when so requested and discuss the grievance in an effort to clarify the issue and work toward a cooperative settlement or resolution of the dispute. The Marine Safety Lieutenant shall present, verbally and in writing, his decision to the employee within five (5) calendar days from the time of the informal discussion. Step 2. If the grievance is not settled under Step 1, the grievance may be presented to the Marine Safety Chief. The grievance shall be submitted within five (5) calendar days after receipt of the written decision from Step 1. Within five (5) days after receipt of the written grievance, the Marine Safety Chief shall meet with the employee and his immediate supervisor, if any. Within five (5) calendar days thereafter, a written decision shall be given to the employee from the Marine Safety Chief. Step 3. If the grievance is not settled under Step 2, the grievance may be presented to the Department Director/Fire Chief or designee. The grievance shall be submitted within five (5) calendar days after receipt of the written decision from Step 2. Within five (5) days after receipt of the written grievance, the Department Director/Fire Chief or designee shall meet with the employee and SCLEA MOU July 1,2014—September 30,2015 7 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) his/her immediate supervisor, if any. Within five (5) calendar days thereafter, a written decision shall be given to the employee from the Department Director/Fire Chief or designee. The decision by the Department Director/Fire Chief or designee shall be considered final and shall end the grievance procedure. In the event the grievant does not comply with the time limits imposed by this Article, the decision is deemed final and the grievance process shall end. D. AB 1522 — Healthy Workplaces, Healthy Families Act of 2014 The City agrees to provide unit members with paid sick leave benefits in accordance with state law. E. Death Related Benefits In the event a SCLEA unit member expires while engaging in the performance of his/her duties in the course and scope of his/her work; and should his/her beneficiaries/survivors be entitled to death-related benefits in accordance with State of California Workers' Compensation law, the City agrees to provide the named beneficiary designated to receive the employee's final pay warrant as the beneficiary for a one-time final expense stipend of $10,000. Such stipend shall be in addition to, and not in lieu of, any death-related and/or other benefits his/her beneficiaries/survivors may be entitled to under State of California Workers' Compensation law. Such stipend payment to the beneficiary is not life insurance and is subject to the appropriate treatment under Internal Revenue Service regulations. SCLEA MOU July 1,2014—September 30, 2015 8 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Article XIIII — City Council Approval It is the understanding of the City and SCLEA that this MOU has no force or effect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this _ day of -JZ2015. City of Huntington Beach Surf City Lifeguard Employees' Association (A ni a Corporation) By: Lam- By: d A. Wilson Chris Hubbard ity ana SCLEA President B(/ By Ken Dhane S ephenson Assista ity Mana r Negotiations Team By: By: Mlc ele Warren Ryan Camps erector of Human Resources Negotiations Team By: Mike Ba gartner Adam I. Miller Marine Safety Division Chief SCLEA Attorney By. By: JoAnn Di z. Corey A. Miller Principa Human Resources Analyst SCLEA ATTORNEY By: COUNTERPART Sad Henderson Human sources Analyst Approved as f m: Michael Gates City Attorney SCLEA MOU July 1,2014—September 30,2015 9 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Article XIIII - City Council Approval It is the understanding of the City and SCLEA that this MOU has no force or effect whatsoever unless and until adopted by Resolution of the City Council of the City of Huntington Beach. IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of Understanding this 21 day of 2015. City of Huntington Beach Surf City Lifeguard Employees' Association (A Municipal Corporation) By: By: Fred A. Wilson Chris Hubbard City Manager SCLEA President By: By: Ken Domer Dhane Stephenson Assistant City Manager Negotiations Team By: By: 4 Michele Warren Ryan Catnps Director of Human Resources Negotiations Team By: By: /'�� Mike Baumgartner Adam I. Miller Marine Safety Division Chief SCLEA `Attorney By: By: "I yAu JoAnn Diaz Corey A. Miller Principal Human Resources Analyst SCLEA Attorney By: COUNTERPART Sandy Henderson Human Resources Analyst Approved as to form: Michael Gates City Attorney SCLEA MOU July 1,2014—September 30,2015 9 Res. No. 2015-24 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, JOAN L. FLYNN the duly elected, qualified City Clerk of the City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing resolution was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council at a Regular meeting thereof held on June 1, 2015 by the following vote: AYES: Posey, O'Connell, Katapodis, Hardy, Delgleize, Peterson NOES: None ABSENT: Sullivan ABSTAIN: None City Cark and ex-officio C erk of the City Council of the City of Huntington Beach, California