PROPOSAL:
Approve Memorandum of Understanding with the San Bernardino Public Employees Association
SYNOPSIS:
Collective bargaining mediation discussions between AQMD management and representatives of the San Bernardino Public Employees Association resulted in a tentative contract agreement that was subsequently ratified by members of the Professional Bargaining Unit. Under the terms of the agreement, Professional Unit employees would, as of May 1, 1996, work the same Tuesday-through-Friday work week as other AQMD employees. All other terms of the previous contract would be extended through June 30, 1996. This recommendation is to approve the ratified labor contract.
COMMITTEE:
The action giving rise to this matter occurred after the Administrative Committee met. The Governing Board has been continuously briefed in closed session regarding this matter.
RECOMMENDED ACTION:
1. Authorize the AQMD Negotiator and management staff to sign the ratified Memorandum of Understanding between AQMD and the San Bernardino Public Employees Association
2. Approve the attached amendments to the AQMD's Salary Resolution and to the previous Memorandum of Understanding with the San Bernardino Public Employees Association
James M. Lents, Ph.D.
Executive Officer
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_____________________________________________________________________
Background
On March 9, 1995, negotiations were initiated between AQMD and the San Bernardino Public Employees Association, representing the Professional Bargaining Unit, to bargain a successor agreement to the two parties' July 1, 1994 - June 30, 1995 Memorandum of Understanding (MOU). After seventeen bargaining sessions over an eight-month period failed to produce agreement, the two sides jointly declared negotiations to be at impasse. As required under provisions of AQMD's Employee Relations Resolution, a mediator from the California Mediation and Conciliation Service was called in to assist with the process.
During the course of mediation, tentative agreement was reached to implement, for Professional Unit employees, effective May 1, 1996, the same Tuesday-through-Friday work week established earlier for the rest of the work force and to extend all other provisions of the earlier MOU through June 30, 1996. Management tentatively agreed to make temporary accommodations for employees for whom the new work week would create verifiable hardships relating to child care or school scheduling arrangements made in expectation of a different work schedule. These employees would have until July 1, 1996, to resolve personal scheduling problems. By July 1 all employees would be expected to be on the Tuesday-through-Friday work week, unless management, to meet operational needs, designates an alternative schedule for individual employees.
Resource Impacts
There are no cost increases associated with this labor contract.
Attachments
A. Amendments to Salary Resolution
B. Amendments to Memorandum of Understanding Between South Coast Air Quality Management District and the San Bernardino Public Employees Association Concerning the Employees in the Professional Unit
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ATTACHMENT A
AMENDMENTS TO SALARY RESOLUTION
Section 27. WORK WEEK
a. Full-time employees shall work four (4) ten-hour (10-hour)
days within a seven (7)-calendar-day period. This work schedule
shall be applied to all employees, unless specifically exempted
by Management. For Designated Deputies, management and confidential
employees, and employees in the Technical and Enforcement and
Office Clerical and Maintenance bargaining units, work days will
be Tuesday through Friday, beginning January 2, 1995, except that
management may designate alternative work days for individual
employees when operational needs require it. Beginning May
1, 1996, work days for employees in the Professional bargaining
unit will be Tuesday through Friday, except that management may
designate alternative work days for individual employees when
operational needs require it. Employees in the Professional
bargaining unit will work four (4) ten (10)-hour days, with twenty
percent (20%) of the work force off each day. Scheduling of days
off shall be determined by Management in accordance with the following
order of priority:
(a) Operational needs of the District
(b) Employee hardship
(c) Rideshare
(d) Employee preference
(e) Lottery
...
b. For employees in the Professional bargaining unit who
are not participating in the 4/10 work schedule referenced above,
the work week shall consist of five (5) eight (8)-hour days within
a seven (7)-calendar-day period. Designated
Deputies, management and confidential employees and employees
in the Technical and Enforcement and Office Clerical and Maintenance
bargaining units who are Employees exempted for
a medical condition from the 4/10 work schedule referenced above
will work a minimum of 4 8-hour days per week. Management has
the discretion, based on operational needs, to permit an employee
to have a work schedule consisting of 5 8-hours days a week.
Employees working a 4/8 schedule may apply earned leave time (vacation,
compensatory time, sick leave, etc.) and any furlough time
to receive up to full pay for an 80-hour pay period. Nothing
contained herein shall be construed as guaranteeing to any employee
a minimum number of hours per day, days per week, weeks per year,
or any other guarantee of work....
Section 35. VACATION ANNIVERSARY DATE
a. Full-time employees and employees exempted from the 4/10 work schedule for a medical condition who are regularly scheduled to work a minimum of 4 8-hours days per week shall earn and be credited with vacation at the rate of .03846 hours for each hour of active service, exclusive of overtime, during their first year of service. Vacation rates per paid hour, exclusive of overtime, beyond the first year of employment are listed in Section 36 below.
Section 43. LEAVE FOR SICKNESS OR INJURY
c. Sick Leave at Full Pay - Special Provisions
(2) Upon termination from District service, an employee who
has at least five (5) years of continuous service and who
holds a permanent full-time position or who has been exempted
from the 4/10 work schedule for a medical condition and who is
regularly scheduled to work a minimum of 4 8-hours days per week
and who has at least five (5) years of continuous service
shall receive a lump sum payment for accumulated sick leave at
full pay to a maximum of 720 hours....
(3) When an employee with at least five (5) years of continuous
service who holds a permanent full-time position or who
has been exempted for a medical condition from the 4/10 work schedule
who is regularly scheduled to work a minimum of 4 8-hours days
per week and who has at least five (5) years of continuous
service is granted a maternity leave of absence, she
may elect to receive all or part of the benefits set forth in
c(2) above as if said employee were terminating.
ATTACHMENT B
AMENDMENTS TO MEMORANDUM OF UNDERSTANDING
BETWEEN SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT
AND THE SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION
CONCERNING THE EMPLOYEES IN THE PROFESSIONAL UNIT
ARTICLE 5
WORK WEEK
Section 1. The work week shall consist of four (4) ten-hour (10-hour) days within a seven (7) calendar day period. Work days will be Tuesday through Friday, beginning May 1, 1996, except that management may designate alternative work days for individual employees when operational needs require it. Nothing contained herein shall be construed as guaranteeing to any employee a minimum number of hours per day, days per week, weeks per year, or any other guarantee of work.
This work schedule shall be applied to all employees unless specifically
exempted by Management. Scheduling requires employees
to work four (4) ten-hour (10-hour) days, with twenty percent
(20%) of the work force off each day. Scheduling of days off
shall be determined by Management in accordance with the following
order of priority:
a. Operational needs of the District
b. Employee hardship
c. Rideshare considerations
d. Employee preference
e. Lottery
...
Section 2. For eEmployees not
participating in exempted for a medical condition
from the 4/10 work schedule referenced in Section 1 above
will work a minimum of 4 8-hour days per week. Management
has the discretion, based on operational needs, to permit an employee
to have a work schedule consisting of , the work week
shall consist of five (5) eight-hour (8-hour) days within
a seven (7) calendar day period. Those working a 4/8 schedule
may apply earned leave time (vacation, compensatory time, sick
leave, etc.) and any furlough time to receive up to full pay for
an 80-hour pay period. Nothing contained herein shall be
construed as guaranteeing to any employee a minimum number of
hours per day, days per week, weeks per year, or any other guarantee
of work....
ARTICLE 14
HOLIDAYS
Section 1. On each September 1 during the term of this Agreement, District employees shall be granted ten (10) hours of floating holiday time (or eight [8] hours of floating holiday time if working a 4/8 or a 5/8 schedule) in lieu of celebrating Admissions Day. On each February 1 during the term of this Agreement, District employees shall be granted ten (10) hours (or eight [8] hours if working a 4/8 or a 5/8 schedule) of floating holiday time in lieu of celebrating Abraham Lincoln's birthday.
Section 2. Paid Leave. Any employee who is employed on a biweekly basis shall be entitled to paid leave for holidays as defined by Section 1 above, as follows:
a. Forty (40)-hour-per-week employees and employees exempted for a medical condition from the 4/10 work schedule who are regularly scheduled to work a minimum of 4 8-hour days per week:
(1) Any employee working a 4/10 work schedule shall receive ten (10) hours of holiday pay for each said holiday.
(2) Any employee working a 4/8 or a 5/8 work schedule shall receive eight (8) hours of holiday pay for each said holiday.
(3) Whenever an employee's regularly scheduled day off falls on a holiday, he or she shall be granted ten (10) hours of compensatory time (eight [8] hours if working a 4/8 or a 5/8 schedule). This time shall be accounted for in the same manner as that earned under Article 6 of the MOU.
ARTICLE 17
GROUP INSURANCE
Section 1. Eligible Employees
The contribution provided for in this Section shall be made only on behalf of each employee who actually enrolls in such plan and who is a full-time permanent employee or a regular employee who has been exempted for a medical condition from the 4/10 work schedule and who is regularly scheduled to work a minimum of 4 8-hour days per week.
ARTICLE 19
DEFERRED COMPENSATION
Section 1. Effective the payday of January 4, 1989, the District shall offer regular full-time employees the opportunity to participate in a Section 457 Deferred Compensation Plan without an employer contribution, except as described below. The same opportunity will also be offered to employees exempted for a medical condition from the 4/10 work schedule who are regularly scheduled to work a minimum of 4 8-hours days per week.
Section 2. A regular full-time employee or an employee exempted for a medical condition from the 4/10 work schedule who is regularly scheduled to work a minimum of 4 8-hour days per week to whom Article 26, Section 2, of the MOU is applicable shall have the option of receiving Forty-Five Dollars ($45) per month in District contribution to his or her Section 457 Deferred Compensation Plan or receiving a supplemental payment (not a part of base salary) of Forty-Five Dollars ($45) per month..... In order to qualify for this Forty-Five Dollars ($45) benefit in any given month, the employee must have been employed at the Diamond Bar headquarters for the entire month and must have worked at least ten (10) hours (eight [8] hours if on a 4/8 or a 5/8 schedule) during the month. This section shall become effective concurrently with Article 26, Section 2.
ARTICLE 22
LEAVES OF ABSENCE FOR SICKNESS OR INJURY
Section 3. LEAVE FOR SICKNESS OR INJURY
b. Sick Leave at Full Pay - General Provisions
(1) All full-time eligible employees and eligible employees
exempted for a medical condition from the 4/10 work schedule who
are regularly scheduled to work a minimum of 4 8-hour days per
week shall accrue 3.6924 working hours of sick leave at full
pay for each pay period of continuous service. Other lLess
than full time employees shall earn on a pro-rated
amount based on the number of hours they are regularly scheduled
to work basis depending on normal work hours
per pay period....
ARTICLE 23
OTHER LEAVES OF ABSENCE
...
Section 4. Jury Duty. Employees in full-time positions
and employees exempted for a medical condition from the 4/10 work
schedule who are regularly scheduled to work a minimum of 4 8-hours
days per week ordered to serve on a jury shall be allowed
the necessary time to be absent from work at their regular pay,
provided they deposit with the District any fees received
for such jury service time that falls on a
regularly scheduled work day. with the District.
Further, upon prior notice from the employee and subject to receipt
of a -Certificate of Jury Service, the Executive Officer will
convert the employee's usual shift to a five-day, forty-hour work
week (Monday through Friday) day shift, during the period of time
he or she is subject to reporting to the court for jury duty.
ARTICLE 42
RENEGOTIATION
Section 1. The parties shall commence renegotiations under the
terms of this Agreement by no later than April 11, 19956,
except as provided for in Section 2 of this Article.
...
ARTICLE 44
TERM OF MOU
Section 1. The term of this MOU shall commence on July 1, 1994
5, and shall continue for the period through June
30, 19956.
...
ARTICLE 48
RATIFICATION AND EXECUTION
Section 1. The District and the Union acknowledge that this MOU
shall not be in full force and effect until ratified by the Union
and adopted by the District Board. Subject to the foregoing,
this MOU is hereby executed by the authorized representatives
of the District and the Union and entered into this ________ day
of ____________ 1994 6.
...
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