HomeMy WebLinkAboutCity Council - 2018-36 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 ?1 Gr day of May
Mayor
APPROVED AS TO FORM:
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F01 City Attornef MIS/
INITIATED APPRO ED:
rector of Human Resources
REVIEWED AND APPROVED:
A:�:
City Manager
18-6500/180101/mv
Resolution No. 2018-36 "Exhibit A"
MEMORANDUM OF UNDERSTANDING
BETWEEN
SURF CITY LIFEGUARD EMPLOYEES' ASSOCIATION
AND
CITY OF HUNTINGTON BEACH
Fs.".1909.P J \
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 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 ll, 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.
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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
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;
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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 11, Junior Lifeguard Program Coordinator I and Junior
Lifeguard Program Coordinator 11, 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 ZIGtday of__May_2018.
City of Huntington Beach Surf City Lifeguard Employees' Association
(A Municipal Corporation)
B : B :
red A. Wilson �� Ryan Cam s
City Manager S LEA PLpsident
B B Lori An rrell-Harrison Peter Eich
Assi nt City M a r Negotiations Team
B By:
Michele Warren Corey A. Miller
Direc��tor'�of Human Resources SCLEA Attorney
By:
Mike Baurngietner COUNTERPART
Marine Safety Mision Chief
B :
Jo Ann Diaz A Approved as to form:
Principal Human Resoukds Analyst
B :
Sa dy enderson Michae E. ates
Senior Hum 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 SCL377 16.75 17.67 18.65 19.68 20.66
0248/0504 Ocean Lifeguard11 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 SCL390 17.87 18.86 19.88 20.98 22.03
0247/0573 Junior Guard Instructor11 SCL415 20.23 21.34 22.52 23.75 24.94
0250/0477 Junior Lifeguard Program Coordinator SCL460 25.32 26.71 28.17 29.73 31.22
0236/0476 Junior Lifeguard Program Coordinator11 SCL488 29.12 30.72 32.41 34.20 35.91
SCLEA MOU January 1,2018 through June 30,2019 11
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
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