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HomeMy WebLinkAboutSurf City Lifeguard Employees' Association (SCLEA) - 2018-05-07 n Dept. ID HR 18-008 Page 1 of 2 P"6 Q AJ SO-(�® r ASS" Meeting Date: 5/21/2018 Y CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 5/21/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Warren, Director of Human Resources SUBJECT: Adopt Resolution No. 2018-36 approving and implementing the Memorandum of Understanding (MOU) between the Surf City Lifeguard Employees' Association (SCLEA) and the City of Huntington Beach for January 1, 2018, through June 30, 2019 Statement of Issue: The City and the Surf City Lifeguard Employees' Association have agreed to enter into a new Memorandum of Understanding (MOU) for the period January 1, 2018, through June 30, 2019. Financial Impact: Funding for the implementation of the fiscal items contained in the proposed Memorandum of Understanding will come from the General Fund. The fiscal impact for FY 2018/19 is estimated by Finance to approximate $101,472. Recommended Action: Adopt Resolution No. 2018-36, "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 January 1, 2018, through June 30, 2019." Alternative Action(s): Do not adopt Resolution 2018-36 approving the MOU for SCLEA employees and direct staff to continue to meet and confer with the Association or utilize the impasse procedures contained within the City's Employer-Employee Relations Resolution. Analysis: Representatives for the City and SCLEA have been involved in active negotiations over a period of several months and have completed the meet and confer process and have agreed upon a successor Memorandum of Understanding (MOU) for the period of January 1, 2018, through June 30, 2019. The negotiated items contained within the MOU include overtime compensation for work performed on Independence Day (July 4th — Observed), and a one-step structural modification to the wage pay table for competitive market recruitment and retention. Highlights from the listing of tentatively agreed upon pay and benefit changes include the following: • Term — 01/01/18 — 06/30/19 • Overtime compensation for hours worked on Independence Day (July 4th — Observed) • Wage table modification (delete current Step A/add new Step E) HB -17-5- Item 25. - I r • r Dept. ID HR 18-008 Page 2 of 2 Meeting Date: 5/21/2018 There were other appropriate modifications to a variety other provisions including, but not limited to, deletion of obsolete language, regulatory compliance language changes and, general clean-up language. A summary of these and all other negotiated provisions are included in the MOU listed as Exhibit "A". Environmental Status: N/A Strategic Plan Goal: Enhance and Maintain City Service Delivery Enhance and Maintain Public Safety Attachment(s): 1. Tentative Agreement 2. Fiscal Impact Report 3. Resolution No. 2018-36 including SCLEA Memorandum Of Understanding - Exhibit "A" 4. Power Point Presentation Item 25. - 2 HB -1776- ATTACHMENT # 1 SCLEA Negotiations City Proposal #4 April 19, 2018 Article I January 1, 2018 through June 30, 2019 Term of MOU Article Vill City agrees to modify the salary table as follows, Salary effective the beginning of the pay period following Schedule City Council final approval. Classification Step Step Step Step Step A 6 C D E Ocean 16.75 17.67 18.65 19.68 20.66 Lifeguard I Ocean 20.23 21.34 22.52 23.75 24.94 Lifeguard II Ocean 24.25 25.59 27.00 28.49 29.91 Lifeguard III Junior Guard 17.87 18.86 19.88 20.98 22.03 Instructor I Junior Guard 20.23 21.34 22.52 23.75 24,94 Instructor II Junior 25.32 26.71 28.18 29.73 31.22 Lifeguard Program Coordinator I Junior 29.12, 30.72 32.41 34.20 35.91 Lifeguard 'Program Coordinator I I Employees in all classifications will be moved to the new step which corresponds to their current base hourly rate of pay as of the effective date of this agreement. Work hours towards the 720 hours of merit step eligibility for employees currently eligible for a merit increase (employees on current steps A-D/NEW steps A-C) will not be impacted. For employees currently on Step E/New Step D, only those hours worked following the beginning of the pay period following final City Council approval of the wage change will count towards the 720 work hours for eligibility for a merit step increase. In any event, no employee in any classification as of the effective date of this provision shall be eligible for movement to the successor step until after he/she has met the required one year in service, 720 work hours and performance evaluation standards for the successive work calendar year (effective in 2018). Article XII - Effective the first calendar date of the named holiday Overtime commencing subsequent to City Council approval of this agreement, employees shall receive 1.5 times their base 1113 -1777- Item 25. - 3 SCLEA Negotiations City Proposal #4 April 19, 2018 Holiday Pay hourly rate of pay for all hours worked on the City Observed Holiday of Independence Day(July 4).Employees who meet or exceed 40 work hours in the FLSA work period as of the City Observed Holiday will receive 1.5 times their base hourly rate of pay for all hours worked on the City Observed Holida No double-time and one-half/2.5 . All other items contained in the (expired) memorandum of understanding between the Surf City Lifeguard Employees' Association and the City of Huntington Beach shall remain unchanged through 06/30/19. Tentative Agreement-April 26, 2018 City SCLEA (Lori Ann Farrell rison, Assistant City Manager Ryan mps,SCLEA President V la Warren, Director of Numan Resources David W r, CLEA Vice Pr sident Michael Baumgartner, Marine Safety Division Chief Peter Eich, SCLEA retary Item 25. - 4 HB -l 778- City of Huntington Beach A' City to SCLEA Proposal 44 • " Dated: April 19, 2018 HU%TINCTON 214CH Term: 1/1/2018 - 6/30/2019 Potential Maximum Year 2 Item # Description Impact Annual Impact Note: 1 Step Adjustment $ 65,604 $ 90,836 Year 2 Assumes 65%2MA&would qualify for the Step Adjustment 2 Special Pay: Holiday Pay $ 7,682 $ 16,636 Independe a%fainesNArmal pay Subtotal Estimated Proposl Impact 5 73,286 $ 101 These estimates are subject to change and represent Management's best pandalysis of the fiscal impact and costs of the above proposal, given the information that is available at this time. w Note: Year 2 is full annual impact. 'Does not include the impact of normally occurring CaIPFRS Rate increases that will increase City costs based on prior MOUs and CalPERS Rate changes. ANote: requires one year in service, 720 work hours and performance evaluation standards for a merit increase. • N t� 1 estimates are subject to change. For Discussion Purposes Only T v' 1018 1:54 PM RESOLUTION NO. 2018-36 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 JANUARY 1, 2018 THROUGH JUNE 30, 2019 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 January 1, 2018 through June 30, 2019. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the 21 Gr day of May Mayor APPROVED AS TO FORM: City Attorne INITIATED APPRO ED: rector of Human Resources REVIEWED AND APPROVED: V�- ac,-� City Manager 18-6500/180101/mv Resolution No. 2018-36 "Exhibit All MEMORANDUM OF UNDERSTANDING BETWEEN SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION AND CITY OF HUNTINGTON BEACH JANUARY 1 , 2018 - JUNE 301 2019 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. MODIFIED SALARY SCHEDULE 4 ARTICLE IX- RETIREMENT 5 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 D. SUPEONA/COURT PAY 6 ARTICLE XII - OVERTIME 7 ARTICLE XIII - MISCELLANEOUS 7 i SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS A. EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 7 B. RETURN TO WORK POLICY 7 C. GRIEVANCE PROCEDURE 7 D. AB 1522-HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014 8 E. DEATH RELATED BENEFITS 9 ARTICLE XIIII - CITY COUNCIL APPROVAL 10 EXHIBIT A - SALARY SCHEDULE 11 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 January 1, 2018 — June 30, 2019. 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. C. Marine Safety Division will provide space for a bulletin board in the Lifeguard Headquarters for all SCLEA members to receive information. SCLEA MOU January 1,2018 through June 30,2019 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 CaIPERS 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 SCLEA MOU January 1,2018 through June 30,2019 2 • • SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 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. 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 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; SCLEA MOU January 1,2018 through June 30,2019 3 • • SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 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. Article VII — Annual Physical and Technical Testing A. City will continue to provide annual physical and technical testing of "Recurrent Ocean Lifeguards."AII unit employees will receive recertification training and skills testing each year during the annual requalification process. The actual number of minimally required training hours will be determined annually by Marine Safety Division Administration. 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 VIII — Salary Schedule A. Modified Salary Schedule Effective the beginning of the pay period following City Council final approval, employees in all classifications will be moved to the new step which corresponds to their current base hourly rate of pay. Work hours towards the 720 hours of merit step eligibility for employees currently eligible for a merit increase (employees on current steps A-D/NEW steps A-C) will not be impacted. For employees currently on Step E/New Step D, only those hours worked following the beginning of the pay period following final City Council approval of the wage change will count towards the 720 work hours for eligibility for a merit step increase. In any event, no employee in any classification as of the effective date of this provision shall be eligible for movement to the successor step until after he/she SCLEA MOU January 1,2018 through June 30,2019 4 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) has met the required one year in service, 720 work hours and performance evaluation standards for the successive work calendar year (effective in 2018). 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). 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 II, shall receive an additional five percent (5%) SCLEA MOU January 1,2018 through June 30,2019 5 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 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 became 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- 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 became effective for all re-certifications 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 Director 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. D. Subpoena/Court Pay Unit employees required/subpoenaed to attend proceedings that occur either on unscheduled work days and/or outside of scheduled work hours, which are directly related to Marine Safety employment, will be paid at the employee's base hourly rate for time in attendance at said proceedings. SCLEA MOU January 1,2018 through June 30,2019 6 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) Article XII — Overtime A. 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. B. Effective the first calendar date of the named holidays commencing subsequent to City Council approval of this agreement, employees shall receive 1 .5 times their base hourly rate of pay for all hours worked on the City Observed Holidays of Memorial Day, Independence Day and Labor Day. Employees who meet or exceed 40 work hours in the FLSA work period as of the City Observed Holiday will receive 1.5 times their base hourly rate of pay for all hours worked on the City Observed Holidays. (No double-time and one-half/2.5). 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 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 SCLEA MOU January 1,2018 through June 30,2019 7 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 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 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. SCLEA MOU January 1,2018 through June 30,2019 8 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 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 January 1,2018 through June 30,2019 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 21st day of May 2018. City of Huntington Beach Surf City Lifeguard Employees' Association (A Municipal Corporation) B : red A. Wilson Ryan CamlSs City Manager S LEnPesident By: �f�` l BY: Lori An arrell-Harrison Peter Eich Assi nt City M ager Negotiations Team B By: Michele Warren Corey A. Miller Director of Human Resources SCLEA Attorney Mike Baumg ner COUNTER-PART Marine Safety vision Chief By: ale3l , �C" ) Jo Ann Diaz Approved as to form: Principal Human Resou s Analyst B : Sa dy enderson Michae E. ates Senior Huma-TtResources Analyst City Attorney SCLEA MOU January 1,2018 through June 30,2019 10 0 0 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 21st day of May 2018. City of Huntington Beach Surf City Lifeguard Employees' Association (A Municipal Corporation) By: By: Fred A. Wilson Ryan Camps City Manager SCLEA President By: By: Lori Ann Farrell-Harrison Peter Eich Assistant City Manager Negotiations Team By: By: Michele Warren Co y A. Miller Director of Human Resources SCLEA Attorney By: Mike Baumgartner COUNTERPART Marine Safety Division Chief By: JoAnn Diaz Approved as to form: Principal Human Resources Analyst By: Sandy Henderson Michael E. Gates Senior Human Resources Analyst City Attorney SCLEA MOU January 1,2018 through June 30,2019 10 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") EXHIBIT A- SALARY SCHEDULE Effective the Beginning of the Pay Period Following City Council Final Approval Job Code Classification Range A B C D E 0244/0521 Ocean Lifeguard I SCL377 16.75 17.67 18.65 19.68 20.66 0248/0504 Ocean Lifeguard II SCL415 20.23 21.34 22.52 23.75 24.94 0249/0439 Ocean Lifeguard III SCL430 24.25 25.59 27.00 28.49 29.91 0246 Junior Guard Instructor I SCL390 17.87 18.86 19.88 20.98 1 22.03 0247/0573 Junior Guard Instructor II SCL415 20.23 21.34 22.52 23.75 24.94 0250/0477 Junior Lifeguard Program Coordinator I SCL460 25.32 26.71 28.17 29.73 31.22 0236/0476 Junior Lifeguard Program Coordinator II SCL488 29.12 30.72 32.41 34.20 35.91 SCLEA MOU January 1,2018 through June 30,2019 11 Res. No. 2018-36 STATE OF CALIFORNIA COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU 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 an Regular meeting thereof held on May 21, 2018 by the following vote: AYES: O'Connell, Posey, Delgleize, Hardy, Brenden NOES: None ABSENT: Semeta, Peterson ABSTAIN: None City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California City Council Meeting - 05/21/18 SCLEA Memorandum of Understanding N N Bargaining SCLEA Surf City Lifeguard Employees' Association Season a l/Recu rre nt Lifeguards 16o+ members 7Classifications Ocean Lifeguard 1/11/III Jr. Lifeguard Program Coordinator 1/II Jr. Lifeguard Program Instructor 1/11 Contract expi red 12/31/2017 8o% of unit members not in CaIPERS SCLEA Wage and Market Data � - Minimum Lo h Lifeguard $17.97 $24.51 Seal Beach Beach Lifeguard $18.17 $22.09 fan ,1' nt Ocean Lifeguard $17.79 $21.63 F, _ Laguna Beach Ocean Lifeguard 1 $18.13 $21.38 J Newport Beath Lifeguard;) $17 7gzo.6o Huntington Beach-current Ocean Lifeguard I $15.88 $1g.68 Huntington Beach-proposed Ocean Lifeguard I $16.75 $20.66 Huntington State Beach Lifeguard l $15.19 $16.87 • CD N � 3 N W N N Te -l"Aialtive Agree ent/ MOU Term — o1/o1/18 — o6/30/19 • Market Step Adjustment Delete current lowest wage step (Step A) Add new wage step (Step E) Employees must meet all merit increase eligibility criteria : One successive work year 72o hours minimum required work hours Satisfactory Performance Review Overtime Pay • Independence Day (July 4th_ Observed) Estimated Cost - s1o1,472* (fully annualized) Estimated Cost FY 18/19 - $73,286 4 Dept. ID HR 18-007 Page 1 of 2 Meeting Date: 5/7/2018 ® ® ® ®� t O°CONA19LIASS&JT) CITY OF HUNTINGTON BEACH REQUEST FOR. CITY COUNCIL ACTION MEETING DATE: 5/7/2018 SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Fred A. Wilson, City Manager PREPARED BY: Michele Warren, Director of Human Resources SUBJECT: Approve Tentative Agreement and introduction of proposed Memorandum of Understanding (MOU) between the Surf City Lifeguard Employees' Association (SCLEA) and the City of Huntington Beach for January 1, 2018 through June 30, 2019 _-- -- Statement of Issue: The City and the Surf City Lifeguard Employees' Association have tentatively agreed to enter into a new Memorandum of Understanding (MOU) for the period January 1, 2018 through June 30, 2019. Financial Impact: Funding for the implementation of the fiscal items contained in the proposed Memorandum of Understanding will be supported by the General Fund. The fiscal impact for FY 2018/19 is estimated by the Finance Department to approximate $101,472.. Recommended Action: Approve the Tentative Agreement and the Introduction of the proposed Memorandum of Understanding Between the Surf City Lifeguard Employees' Association and the City of Huntington Beach for the period January 1, 2018 through June 30, 2019. Alternative Action(s): Do not approve the tentative agreement and the introduction of the proposed successor MOU for SCLEA employees and direct staff to continue to meet and confer with the Association or utilize the impasse procedures contained within the City's Employer-Employee Relations Resolution, Analysis: Representatives for the City and SCLEA have been involved in active negotiations over a period of several months and have completed the meet and confer process with a tentative agreement on a proposed Memorandum of Understanding (MOU) for the period of January 1, 2018 through June 30, 2019, The negotiated items contained within the Tentative Agreement include overtime compensation for work performed on Independence Day (July 4th — Observed), and a one-step structural modification to the wage pay table for competitive market recruitment and retention. Highlights from the listing of tentatively agreed upon pay and benefit changes include the following: • Term — 01/01/18 — 06/30/19 • Overtime compensation for hours worked on Independence Day (July 4'h — Observed) • Wage table modification (delete current Step A/add new Step E) 1-1 T3 -- 3 3- Item 14. - 1 Dept. ID HR 18-007 Page 2 of 2 Meeting Date:5/7/2018 There were other appropriate modifications to a variety other provisions including, but not limited to, deletion of obsolete language, regulatory compliance language changes and, general clean-up language. A summary of these and all other negotiated provisions are included in the proposed MOU listed as Exhibit "A°. Environmental Status: NIA Strategic Plan Goal: Enhance and Maintain City service delivery Enhance and maintain public safety Attachment(s): 1. SCLEA Tentative Agreement— City Proposal 2. Tentative Agreement between City and SCLEA dated April 26, 2108 3. Proposed SCLEA Memorandum Of Understanding - Exhibit "A" 4. Power Point Presentation Item 14. - 2 HB -;314- ATTACHMENT # 1 SCLEA Negotiations City Proposal #4 April 19, 2018 Item ••• • Article I January 1, 2018 through June 30, 2019 Term of MOU Article Vill City agrees to modify the salary table as follows, Salary effective the beginning of the pay period following Schedule City Council final approval. Classification Step Step Step Step Step A B C D E Ocean 16.75 17.67 18.65 19.68 20.66 Lifeguard I Ocean 20.23 21.34 22.52 23.75 24.94 Lifeguard II Ocean 24.25 25.59 27.00 28.49 29.91 Lifeguard III Junior Guard 17.87 18.86 19.88 20.98 22.03 Instructor I Junior Guard 20.23 21.34 22.52 23.75 24.94 Instructor II Junior 25.32 26.71 28.18 29.73 31.22 Lifeguard Program Coordinator I Junior 29.12 30.72 32.41 34.20 35.91 Lifeguard Program Coordinator I I Employees in all classifications will be moved to the new step which corresponds to their current base hourly rate of pay as of the effective date of this agreement. Work hours towards the 720 hours of merit step eligibility for employees currently eligible for a merit increase (employees on current steps A-D/NEW steps A-C) will not be impacted. For employees currently on Step E/New Step D, only those hours worked following the beginning of the pay period following final City Council approval of the wage change will count towards the 720 work hours for eligibility for a merit step increase. In any event, no employee in any classification as of the effective date of this provision shall be eligible for movement to the successor step until after he/she has met the required one year in service, 720 work hours and performance evaluation standards for the successive work calendar year (effective in 2018). Article XII - Effective the first calendar date of the named holiday Overtime commencing subsequent to City Council approval of this agreement, employees shall receive 1.5 times their base SCLEA Negotiations City Proposal #4 April 19, 2018 Holiday Pay hourly rate of pay for all hours worked on the City Observed Holiday of Independence Day(July 4).Employees who meet or exceed 40 work hours in the FLSA work period as of the City Observed Holiday will receive 1.5 times their base hourly rate of pay for all hours worked on the City Observed Holiday. No double-time and one-half/2.5 . All other items contained in the (expired) memorandum of understanding between the Surf City Lifeguard Employees' Association and the City of Huntington Beach shall remain unchanged through 06/30/19. Tentative Agreement-April 26, 2018 City / SCLEA 4� �, 1r1` Lori Ann Farrell-H rison, Assistant City Manager Ryan mps, SCLEA President ale Warren, Director of Human Resources David Wagner, �CLEA Vice President Michael Baumgartner,Marine Safety Division Chief Peter rich, SCLEA�cretary ATTACHMENT #2 II City of Huntington Beach J' Tentative Agreement Dated: April 26, 2018 HUNTINGTON BEACH Term: 1/1/2018-6/30/2019 Potential EstimatedWOU Annual Item# Description Impact •. Note: 1 Step Adjustment" $ 65,604 $ 90,836 Year 2 Assumes 65%o€ rs would qualify for the Step Adjustment 2 Special Pay: Holiday Pay $ 7,682 $ 10,636 Independen ` a 1. _ mes rmal pay Subtotal Estimated Proposl Impact $ 73,286 $ 101 These estimates are subject to change and represent Management's best s r and analysis of the fiscal impact and costs of the above proposal, given the information that is available at this time. Note: Year 2 is full annual impact. *Does not include the impact of normally occurring CalPERS Rate increases that will increase City costs based on prior MOUs and CAPERS Rate changes. ^Note: requires one year in service, 720 work hours and performance evaluation standards for a merit increase. 1 � ? estimates are subject to change. For Discussion Purposes Only 1018 12:38 PM ,,--ATTACHMENT #3 MEMORANDUM OF UNDERSTANDING BETWEEN SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION AND CITY OF HUNTINGTON BEACH vGr QB , �vrQ , JANUARY 1 , 2018 - JUNE 30, 2019 Item 14. - 6 HB -338- 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 ARTICLESi 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 Vill — SALARY SCHEDULE 4 A G IRRE4-MODIFIED SALARY SCHEDULE 4 B. WAGE INGREASES 4 ARTICLE IX — RETIREMENT 5 ARTICLE X — WORK DAY; WORK WEEK 5 A. FALL, WINTER, SPRING He 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 6 C. EFFECTIVE DATE OF SPECIAL PAY 6 D. SUPEONA/COURT PAY 6 ARTICLE XII — OVERTIME 6 i HB —339— Item 14. - 7 SCLEA MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE XIII - MISCELLANEOUS 7 A EMPLOYER-EMPLOYEE RELATIONS RESOLUTION 7 B. RETURN TO WORK POLICY 7 C: GRIEVANCE PROCEDURE 7 D� AB 1522--HEALTHY WORKPLACES, HEALTHY FAMILIES ACT OF 2014 _ 8 E, DEATH RELATED BENEFITS 9 ARTICLE XIIII - CITY COUNCIL APPROVAL 10 EXHIBIT A - SALARY SCHEDULE 11 ii Item 14. - 8 HB -340- 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 QGtebe;T2015 DeGember 31, 20 7January 1, 2018 — June 30, 2019. 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 ll, 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. C. Marine Safety Division will provide space for a bulletin board in the Lifeguard Headquarters for all SCLEA members to receive information. SCLEA MOU_9st9"F�201F no^t-.,,tip-.2z, '^'7-January 1 2018 1—June 30.2019 HB -341- Item 14• - 9 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 I SCLEA MOU QGtGh-robeF 1 2015 n_Dene..,h�2-, 2017January 1,2018 2-June 30.2019 Item 14. - 10 HB -342- SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) year. Reporting shall not include personal protective equipment, unless otherwise permitted in accordance with CalPERS law. 1,. This section shall not apply to new members of this unit who are designated by CaIPERS 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 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; SCLEA MOU_8etebef4,2915--Deem" ",'tea-7January 1,2018 3—June 30.2019 HB -343- Item 14. - 1 1 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 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. Article VII — Annual Physical and Technical Testing A. City will continue to provide annual physical and technical testing of "Recurrent Ocean Lifeguards°"AII unit employees will receive recertification training and skills testing each year during the annual requalification process. The actual number of minimally required training hours will be determined annually by Marine Safety Division Administration. 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 VIII — Salary Schedule A. Ou ,&4*Modified Salary Schedule GassifiGafiOR title and-paw PaRge, as cot forth in Exhibit o Effective the beginning of the pay period following City Council final approval, employees in all classifications will be moved to the new step which corresponds to their current base hourly rate of pay. Work hours towards the 720 hours of merit step eligibility for employees currently eligible for a merit increase (employees on current steps A-D/NEW steps A-C) will not be impacted. For employees currently on Step E/New Step D, only those hours worked following the beginning of the pay period following final City Council approval of the wage change will count towards the 720 work hours for eligibility for a merit step increase. I SCLEA MOU_0Gteb ,-or, 2g15 DeGem January 1,2018 4-June 30.2019 Item 14. - 12 HB -344- SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) In any event, no employee in any classification as of the effective date of this provision shall be eligible for movement to the successor step until after he/she has met the required one year in service, 720 work hours and performance evaluation standards for the successive work calendar Year (effective in 2018). a fn,,r PeFGent (4094) wage ORGFease 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). 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. SCLEA MOU_OGteber 1,2015 DeGernbeF 34,2017January 1,2018 5—June 30,2019 HB -345- Item 14. - 13 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 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 II, 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 became 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- 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 became 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 Director 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. SCLEA MOU_^^'^''eF 1 201 G neGerRbe.3l 204-7- nuary 1 2018 6—June 30.2019 Item 14. - 14 HB -346- SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) D. Subpoena/Court Pay Unit employees required/subpoenaed to attend proceedings that occur either on unscheduled work days and/or outside of scheduled work hours, which are directly related to Marine Safety employment, will be paid at the employee's base hourly rate for time in attendance at said proceedings. Article XII — Overtime A. 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. B. Effective the first calendar date of the named holidays commencing subsequent to City Council approval of this agreement, employees shall receive 1.5 times their base hourly rate of pay for all hours worked on the City Observed Holidays of Memorial Day, Independence Day and Labor Day. Employees who meet or exceed 40 work hours in the FLSA work period as of the City Observed Holiday will receive 1.5 times their base hourly rate of pay for all hours worked on the City Observed Holidays. (No double-time and one-half/2.5). 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 SCLEA MOU_QGt bete1,2015 De-eember 3! on,-7January 1.2018 7—June 30,2019 HB -347- Item 14. - 15 SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 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 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 I SCLEA MOU:4)s4eber 1,-20-1-5—DeGernber 31.241-7 uary 1 2018 8—June 30,2019 Item 14. - 16 HB -348- SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION (SCLEA) 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_BstGbeF 1 2(41—Bec-e4:Pbe"",2�January 1,2018 9—June 30,2019 HB -349- Item 14. - 17 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 2017-8. City of Huntington Beach Surf City Lifeguard Employees' Association (A Municipal Corporation) By: By: Fred A. Wilson Ryan Camps City Manager SCLEA President By: By: Lori Ann Farrell-Harrison Peter Eich Assistant City Manager Negotiations Team By: By: Michele Warren Corey A. Miller Director of Human Resources SCLEA Attorney By: Mike Baumgartner Marine Safety Division Chief By: JoAnn Diaz Approved as to form: Principal Human Resources Analyst By: Sandy Henderson Michael E. Gates Senior Human Resources Analyst City Attorney I SCLEA MOU-9etebeF 1,'',T- 015 DeseA 311,204-7-January 1.2018 10—June 30,2019 Item 14. - 18 HB -350- SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION ("SCLEA") EXHIBIT A- SALARY SCHEDULE 4% Effertive August 12, 2017 job Code ClaocifiraVen RangeA a c ,B E- 02 �;r� 15.88 -fit6.755 17�.6^7 �1�V:i65 4.�t-.-1�7[`� 0 SGL4 td 19.18- 2C�d 21.34 �-d2 2 -7-d n2n�° QGean LifeguaFd414 SCL430 22.99 24.25 25.53 27.00 28.4-9 0246 GSL398 16.93 47.87 18.96 19.88 20:. 024 SGL415 19.18 20.23 21.34 22-62 23:7-v 0 0/94 aCL469 24.00 25.32 26.71 28 A 7 29773 0246/0476 SGL433 27-60 1 24.2 30.7-2- 32.4- 34,20 Effective the Beginning of the Pay Period Following City Council Final Approval - C Job Code Classification Range A B C D E 0244 0521 Ocean Lifeguard I SCL377 16.75 17.67 18.65 19.68 20.66 0248 0504 Ocean Lifeguard II SCL415 20.23 21.34 22.52 23.75 24.94 0249 0439 Ocean Lifeguard III SCL430 24.25 25.59 1 27.00 28.49 29.91 0246 Junior Guard Instructor I SCL390 17.87 18.86 19.88 20.98 22.03 0247 0573 Junior Guard Instructor II SCL415 20.23 21.34 22.52 23.75 24.94 0250 0477 Junior Lifeguard Program Coordinator I SCL460 25.32 26.71 28.17 29.73 31.22 0236 0476 Junior Lifeguard Program Coordinator II SCL488 29.12 30.72 32.41 34.20 35.91 SCLEA MOU_QGtoberi. 2015 anuary 1,2018 11-June 30,2019 HB -35 i- Item 14. - 19 ATTACHMENT #4 I� r=. CD N O CouncilCity • • • i w N ' SCLEA Tentative Agreement Barga 'in 'ing SCLEA Surf City Lifeguard Employees' Association %} Seasonal/Recurrent Lifeguards w 16o+ members W 7 Classifications Ocean Lifeguard 1/II/III Jr. Lifeguard Program Coordinator 1/11 Jr. Lifeguard Program Instructor 1/11 Contract expi red 12/31/2017 8o% of unit members not in CaIPERS i z SCLEA Wage and Market Data Minimum Long Beach Lifeguards, ��� .g �� :i� 2 4.,� Seal Beach Beach Lifeguard $18.17 $22.09 San Clemente Ocean Lifeguard $1-T, $21.63 z w Laguna Beach Ocean Lifeguard I $18.13 $21.38 lj Newport Beach Lifeguard I $17 7 i�tm �� $20.60 Huntington Beach-current Ocean Lifeguard 1 $15.88 $1g.68 Huntington Beach-Proposed Ocean Lifeguard 1 $16.75 $20.66 Huntington State Beach Lifeguard 1 $15. 9 $16.87 3 Tentative Agreement Term — 01/01/1$ — 06/30/19 Market Step Adjustment Delete current lowest wage step (Step A) Add new wage step (Step E) w Employees must meet all merit increase eligibility criteria: One successive work year 72o hours minimum required work hours Satisfactory Performance Review Overtime Pay Independence Day (July 4th_ Observed) Estimated Cost - sioi,472* (fully annualized) Estimated Cost FY z8/1g - $73,286 N W