HomeMy WebLinkAbout04.d. Adopt MOU re Management Group effective April 18, 2012Central Contra Costa Sanitary District �
BOARD OF DIRECTORSpi,
POSITION PAPER
Board Meeting Date: November 1, 2012
subject: ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT
AND THE MANAGEMENT GROUP EFFECTIVE APRIL 18, 2012 THROUGH
DECEMBER 17, 2017
Submitted By: Elaine Boehme Initiating Deptmiv.: Administration
Secretary of the District
REVIEWED AND RECOMMENDED FOR BOARD ACTION.
62Z2eA=e,
Elaine Boehme
Secretary of the
District
G "_R
Edward Kreisberg,
Esq.
A�
Ann Farrell
General Manager
ISSUE: The Management Group ratified a successor Memorandum of Understanding
(MOU) with the District on October 19, 2012 and formal adoption by the Board of
Directors is required.
RECOMMENDATION: Adopt the MOU with the Management Group effective April 18,
2012 through December 17, 2017.
FINANCIAL IMPACTS: The cost associated with the negotiated changes in the first
year of the MOU is approximately $11,585.
ALTERNATIVES /CONSIDERATIONS: None.
BACKGROUND: Board representatives and the Management bargaining team have
concluded meeting and conferring on the changes to the MOU. The parties worked to
achieve a tentative agreement that balanced the needs of the District and the
employees and agreement was reached on the following items:
• Wages: Effective April 18, 2012, and in each subsequent April for the term of the
MOU, a Consumer Price Index (CPI) adjustment based on the change in the CPI
for all Urban Consumers (San Francisco /Oakland /San Jose) from February to
February, with a maximum of 5% and a minimum of 2% each year.
• Pension Contribution by Employees to Employee Share: Effective April 18,
2012, employees contribute 1.25 %, an additional 1.25% on April 18, 2014, an
additional 1.25% on April 18, 2015, an additional 1.25% on April 18, 2015, and
employees paying the full employee share on April 18, 2017.
• Dual Health Contribution: Increase District's contribution to those who show
health coverage from $200 to $400 per month with the entire amount contributed
to deferred compensation.
• Me Too Clause: Employees in the Management Group shall receive any across -
the -board compensation adjustments received by either Local One or the
Management Support/Confidential Group (MS /CG) during the current 2012
POSITION PAPER
Board Meeting Date: November 1, 2012
subject ADOPT MEMORANDUM OF UNDERSTANDING BETWEEN THE DISTRICT
AND THE MANAGEMENT GROUP EFFECTIVE APRIL 18, 2012 THROUGH
DECEMBER 17, 2017
round of MOU negotiations that is more advantageous than contained in this
agreement such as, but not limited to, a larger wage increase or a lesser
percentage employee contribution obligation to pension.
Attached is the draft Memorandum of Understanding between the District and the
Management Group. Any additions are denoted in blue and any deletions are denoted
by red strikeouts.
RECOMMENDED BOARD ACTION: Adopt the Memorandum of Understanding
between the District and the Central Contra Costa Sanitary District Management Group,
covering all the positions designated as Management, effective April 18, 2012 through
December 17, 2017.
CENTRAL CONTRA COSTA SANITARY DISTRICT
MANAGEMENT GROUP
MEMORANDUM OF UNDERSTANDING
jUNE-o- Z-89QAPRIL 18, 2012 THROUGH APRIL DECEMBER 17,20V7
RECOGNITION AND COVERAGE
The Management Group is the formally recognized exclusive employee
representative for all Management Employees, excluding Executive
Management, of the Central Contra Costa Sanitary District. The Management
Group shall represent:
Classification
Salary Range
Director of Administration
M -20
Director of Engineering
M -20
Director of Plant Operations
M -20
Director of Collection System Operations
M -20
Director of Operations
M -20
Environmental Services Division Manager
M -24
Capital Projects Division Manager
M -24
Plant Operations Division Manager
M -24
Plant Maintenance Division Manager
M -24
Collection System Operations Division Manager
M -24
Regulatory Compliance Division Manager
M -24
Finance ManageerCentrolle
M -29
Human Resources Manager
M -33
Purchasing and Materials Manager
M -35
Communication Services Manager
M -35
The District need not fill those positions as listed above.
II RIGHTS
The Board of Directors' Representatives and the duly appointed Representatives
of the Management Group will meet and confer in good faith. The Board of
Directors, or any agent thereof, agrees that there will be no interference, restraint
or coercion against the Management Group or any employee because of his /her
group membership or group activity.
All employees of this bargaining unit, Management Group, in addition to being
governed by this Agreement, shall also be subject to the District's rules,
regulations, and policies having general applicability to employees of the District
and any subsequent rules, regulations, and policies that may be promulgated in
the future, so long as they do not conflict with this Agreement, past practices, or
the law.
Issues affecting employment which arise from members of the Management
Group concerning the interpretation or application of the District's rules,
regulations, or policies shall be discussed between the Manager, Manager's
Supervisor, and the General Manager in a good faith attempt to resolve the
issue. If they cannot reach a solution, the Board of Directors will hear the issue
and make the final decision.
III TERM
This Memorandum of Understanding shall remain in full force and effect from
I„re 18 200 -9 it 18, 2012 through 4pO, December 17, 201: 7.
IV GENERAL AND MERIT INCREASES
• •�• .. ..
EffeGtove April 18, 2010, the wage adjustment shall be based on Ghanges in the
Fra 0 nGiSGe/Oakland/SaR Jose) dUFiRg the February 2009 to February 2010 base
per ed. DepeRding OR the GPI, the salary adjustment shall be at least two
perGeRt (20,/0), 0
EffeGtive April 18, 2011, the wage adjustmeRt shall be based en Ghanges on the
Fra 0 nGiSGe/Qak1and/9aR Jose) dHFiRg the February 2010 to February 2011 base
per ed. DepeRding OR the GPI, the salary adjustment shall be at least two
perGent 0 0
,
Effective April 18 2012 April 18 2013 April 18 2014 April 18 2015 April 18
2016, and April 18, 2017 employees' wages shall be adjusted by the change in
the Consumer Price Index (CPI) for all Urban Consumers (San
Francisco /Oakland /San Jose) during the most recently completed February to
February time period prior to the applicable April with a minimum of 2% and a
maximum of 5 %. The payment of the first wage increase back to April 18 2012
shall apply only to employees still employed at the time the Board approves this
MOU and shall not impact any District obligation with respect to incentive pays
overtime, cash -outs, or other types of pay or compensation other than wage
already provided by the District prior to Board approval with the exception of
employees' contribution to the employee retirement contribution rate as set forth
in the "Retirement Program" section of this MOU
Employees normally receive a salary step increase upon satisfactory completion
of their Probationary period and a merit increase of one salary step every twelve
(12) months from the date they achieve permanent status until they reach the top
of their range.
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V
The District shall distribute paychecks directly to the employee on the last regular
District working day of each month. However, if the employee so elects,
distribution may take place at the employee's written request by courtesy deposit
to the Contra Costa Federal Credit Union or by direct deposit to any single
financial institution accepting electronic wire transfer from the Federal Reserve
Bank.
Employees shall be paid based on a pay period from the 18th to 17th of each
month.
Employees in the Management Group shall receive any across - the -board
compensation adjustments received by either Local One or the Management
Support/Confidential Group (MS /CG) during the current 2012 round of MOU
negotiations that is more advantageous than contained in this agreement such
as, but not limited to, a larger wage increase or a lesser percentage employee
contribution obligation to pension.
VACATION
Hired prior
Hired after
Annual
Maximum
to May 1, 1985
May 1, 1985
Allowance
Accrual
Years Employed
0 -3 Years
10 Days
20 Days
0 -5 Years
3 -5
15
30
5 -10
5 -10
16
32
10 -15
10 -15
17
34
15 -20
15 -20
20
40
20 -25
20 -25
25
50
25 -30
25+
30
60
30+
35
70
The extra days accrued due to service of over five (5) years are credited to each
employee's account on his /her anniversary date.
If an employee leaves the District for any reason he /she will be paid for any
earned vacation time not used. Payment of accumulated vacation time shall
occur upon written request of the employee provided that the employee has
either used at least ten (10) vacation days during the last twelve (12) months or
has accrued sufficient vacation time to take a mandatory ten (10) days of
vacation time off within the calendar year of application.
Note the following exception to the above: payment of accumulated vacation
time above the maximum annual accrual shall occur automatically on the
anniversary date on which the time would be lost provided that an employee has
used at least ten (10) vacation days during the last twelve (12) months.
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VI
SICK LEAVE
Employees hired prior to May 1, 1985, earn fifteen (15) days of sick leave per
year. Employees hired after May 1, 1985, earn twelve (12) days of sick leave per
year. Sick leave may be used up to ten (10) days annually to attend to the health
needs of an immediate family member. Also, in the event of a death in the
employee's immediate family, the employee may be absent up to a maximum of
ten (10) days and have the time off charged to his /her sick leave account.
Unused sick leave accumulates from one year to the next. There is no maximum
limitation. The balance of unused accumulated sick leave is credited as longevity
upon retirement.
For employees hired prior to May 1, 1985, the District shall augment the above
sick leave policy with an incentive benefit using a formula crediting eighty -five
(85 %) of the employee's yearly unused sick leave to an accumulating account for
that employee. For employees hired after May 1, 1985, the following schedule
shall apply:
Years of Pay -Off Credit Pay -Off Credit
Service at Termination at Retirement
0 -5 0% 0%
5 -10 25 25
10 -25 25 35
25+ 25 40
VII MEDICAL INSURANCE
Current regular or probationary employees shall be provided with a choice of
three health plans. As of the date of this Agreement, those plans are Kaiser, a
HealthNet HMO and a HealthNet PPO. In the event these plans become
unavailable due to unforeseen circumstances, the parties agree to meet and
confer as soon as possible to negotiate the effects of any such change. The
premium cost of the plans shall be borne by the District. However, employees
hired after June 30, 2009 who select the PPO plan shall pay through payroll
deduction the difference in premiums between the PPO plan and the highest cost
HMO plan. Employees with dual health insurance coverage may withdraw from
the District's health insurance plan and, effective the first full pay period following_
Board approval of this MOU, receive a District contribution to deferred
compensation in the amount of $'400 per month of additional salary in lieu of
enrollment in the medical plan.
The parties agree that in the event that federal health care reform legislation
becomes effective during the term of this Agreement which calls for health or
other benefits different, or under different terms than those provided for in the
Agreement, they will immediately meet and confer for the appropriate
modification.
VIII RETIREMENT PROGRAM
Retirement is based upon a formula which includes the employee's age, salary,
and years of service. The DistriGt's Ge ;trib utien is 100, of the amp + f the
...J� n
Empleyee's I
Employees will continue to contribute to the employee cost -of- living (COL) share
of the retirement system as required by the Contra Costa County Retirement
System. In addition, effective April 18 2012 employees shall contribute 1.25% of
the employee contribution rate toward their pension. Effective April 18 2014
employees shall contribute an additional 1.25% (for a total of 2.5%) of the
employee contribution rate toward their pension. Effective April 18 2015
employees shall contribute an additional 1.25% (for a total of 3.75%) of the
employee contribution rate toward their pension. Effective April 18 2016
employees shall contribute an additional 1.25% (for a total of 5.0%) of the
employee contribution rate toward their pension. Effective April 18 2017
employees shall pay the entire employee contribution rate toward their pension
based on their age at the time of hire as calculated and determined by CCCERA
The District and Management agree that notwithstanding any other provision of
this MOU, the District and Management employees shall comply with the
California Public Employees' Pension Reform Act of 2013
IX CONTINUANCE OF BENEFIT PLAN
TIER I: Employees hired prior to May 1, 1985, shall be provided with the
continuance of medical, dental, and reduced life insurance plans (one -half of life
insurance provided at the time of retirement) when they retire from District
employment provided that they meet the "Rule of 65." Under the "Rule of 65" an
employee's age plus years of service with the District at the time of retirement
must total 65, with a minimum requirement that the employee must be at least
age 50 and have at least ten (10) years of continuous service with the District at
the time of retirement. Eligible employees' qualified dependents (as defined by
the plan provider) who were covered as dependents at the time of retirement also
shall be covered by medical and dental plans.
TIER II: Employees hired after May 1, 1985 but before April 19, 2003, shall be
provided with the continuation of medical and dental and reduced life insurance
plans ($10,000 policy) in force at the time of retirement provided that they meet
the "Rule of 65." Under the "Rule of 65" an employee's age plus years of service
with the District at the time of requirement must total 65, with a minimum
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requirement that the employee must be at least age 50 and have a minimum of
ten (10) years of continuous service with the District at the time of retirement.
Employees hired after April 18, 2003, who have reached age 55 and have a
minimum of ten (10) years of continuous service with the District at the time of
retirement shall be covered by medical and dental plans when they retire from
District employment. The District shall continue to pay for the full cost of an
eligible retired employee's medical and dental coverage until the employee's 65th
birthday. At age 65, the retired employee shall pay the District fifty percent (50 %)
of the cost to the District for the employee's medical and dental coverage.
Eligible employees' qualified dependents (as defined by the plan provider) who
were covered as dependents at the time of retirement also shall be covered by
medical and dental plans with the exception that the District shall only pay for the
full cost of an eligible dependent's medical and dental plan premiums until the
eligible dependent's 65th birthday. At age 65, the eligible dependent shall pay the
District fifty percent (50 %) of the cost to the District for the eligible dependent's
medical and dental coverage.
TIER III: Employees hired after June 30, 2009 shall be covered by medical and
dental plans when they retire from District employment provided that they meet
the "Rule of 70." Under the "Rule of 70," an employee's age plus years of service
with the District at the time of retirement must total 70, with a minimum
requirement that the employee must be at least age 55 and have at least ten (10)
years of continuous service with the District at the time of retirement. The District
shall only pay fifty percent (50 %) of the premium cost for the lowest cost medical
and dental plan for the retiree and spouse. Eligible employees' qualified
dependents (as defined by the plan provider) other than the employee's spouse
who were covered as dependents at the time of retirement also shall be covered
by medical and dental plans with the exception that the employee shall pay the
full cost of coverage for those dependents. Tier III retirees and dependents are
ineligible for life insurance.
COMMON TO ALL RETIREES:
At the time of an employee's retirement, all qualified dependents (as defined by
the plan provider) who already were dependents at the time of retirement, shall
continue to be covered by the District's medical and dental plans in accordance
with the Tier I and Tier II benefits as stated above. The District shall have no
obligation to pay for coverage for more than two -party (retiree plus one) coverage
for any new and different dependent added after the date of retirement.
Medical coverage will be integrated (integration shall start at the age designated
for Medicare benefits, currently age 65) with Medicare for all retirees regardless
of hire date and eligible dependents upon their 65th birthday. If the
retiree's /dependent's health plan requires enrollment at age 65 in Medicare Part
B, the retiree and /or dependent shall be responsible for paying for the Medicare
premiums. For Tier I and II retirees, upon submission of evidence of payment to
Medicare, the District will reimburse the retiree and /or dependent for the cost of
the Medicare Part B premiums. For Tier III, the District shall not reimburse any
C.
Medicare premiums. However, the District will not be responsible for any
penalties or increased costs in the Medicare premium should the employee
and /or eligible dependent not enroll in Medicare during the enrollment period
surrounding his /her 65th birthday.
The program for dependents of a deceased employee shall provide for the
continuance of health and dental benefits for the length of that employee's total
service with the District (in other than temporary status), or until such time that
the spouse remarries, or until such time that the dependents no longer qualify for
benefits as stated by the District's policy.
X DENTAL PLAN
The District shall provide a dental care program fully paid by the District. Delta
Dental shall be the dental plan provider.
XI DISABILITY INSURANCE
All employees will be required to maintain a Long Term Disability Program.
Employees shall pay the premiums for the Long Term Disability Program. The
premium amount previously paid by the District will be included in employees'
compensation.
XII LIFE INSURANCE
The District provides term life insurance and accidental death and
dismemberment coverage as follows:
The lesser of (a) an amount equal to two times the employee's annual earnings,
the result rounded to the next higher multiple of $1,000 if not an exact multiple
thereof, or (b) $250,000.
Dependents term life insurance equals $1,500 for employee's spouse and $100
for employee's children according to attained age of 14 days or over but less than
six months, and $1,000 for children six months or over until age nineteen, unless
a full -time student less than 23 years of age and dependent upon the employee
for support.
XIII OTHER LEAVES
If an employee is called for jury duty, he /she may take time off with pay and not
take any monies from the court (not including mileage allowance or meal
expense) as a juror. Mileage allowance shall be kept by the employee under any
circumstance.
Employees who are assigned to military duty are entitled to military leave in
accordance with the provisions of applicable state laws (California Military and
Veterans Code, Section 395 et. seq.).
For the purposes of State Disability Insurance, Pregnancy Disability Leave is
effective the first date the employee is disabled. The District will require
verification from the employee's physician. E.g. If an employee's last day of work
is 9/1, and the baby is delivered on 10/1, then the effective date of Pregnancy
Disability Leave will be 9/1. Upon termination of the disability (generally six
weeks following a regular delivery; eight weeks following a Caesarean Section,
or the length of the disability whichever is longer), the employee will no longer be
able to use sick leave, but will be allowed to use any accrued vacation or leave
without pay. The combination of time off for approved Pregnancy Disability
Leave and Family Medical Leave may not total more than seven months per
occasion. This requires approval of the Department Director.
The District will comply with the provisions of the Family and Medical Leave Act
and the California Family Rights Act. The District will require an employee to
exhaust his /her sick leave prior to considering leave of absence without pay for
the purposes of family and medical leave.
All Management Group employees will receive forty (40) hours per year
administrative leave. These administrative leave hours will be credited to each
employee's account on the first day of the May pay cycle of each applicable year.
XIV HOLIDAYS
There are thirteen (13) paid holidays.
XV CAFETERIA PLAN
All employees shall be provided $375 per month for use on the Cafeteria Plan.
Yearly benefits will be calculated as of January 1 of each year. Effective January
1, 2004, the District shall contribute an additional $50 per month for each
employee to the Cafeteria Plan provided that this additional amount must be
used to reimburse eligible Cafeteria Plan expenses. The additional $50 per
month may not be taken in cash.
XVI PROFESSIONAL EXPENSE REIMBURSEMENT
Each manager shall have a Professional Expense Reimbursement not to exceed
$3,000 per fiscal year for their use in improving their knowledge and skills. This
allowance would be used for professional, job - related training, class, or
conference requested by the manager. It is subject to approval by the General
Manager. Travel would be limited to the U.S. and Canada unless the General
Manager and the District Board approve attending functions outside the U.S. and
Canada. The unused portion may carry over two additional fiscal years, allowing
for a maximum expenditure in any fiscal year of $9,000.
f:3
XVII REGISTRATION DIFFERENTIAL
The District grants a five percent (5 %) salary increase to employees who achieve
registration or license as a Professional Engineer, Land Surveyor, or Certified
Public Accountant in a position not requiring such registration or license.
XVIII PROFESSIONAL REGISTRATION
The District shall pay the registration and renewal fees for all professional
registered engineers, licensed land surveyors, Certified Public Accountants, and
those employees who hold a current California Wastewater Treatment Plant
Operator's Certificate. The registration and /or certificate must be a requirement
of the employee's classification.
XIX LONGEVITY COMPENSATION
Employees who have 10 years or more of service in the District will receive an
additional two and one -half percent (21/2 %) salary increase.
XX 401(a) PLAN AND DEFERRED COMPENSATION PROGRAM
In lieu of Social Security, the District offers a 401(a) Plan. The District's
contribution to the 401(a) Plan is an amount equal to that which normally would
have been contributed to Social Security. If, during the term of this Memorandum
of Understanding, the District is required by law to participate in the Social
Security system, the District will cease contributing to the 401(a) Plan and will
meet and confer on the change. The District also offers a Deferred
Compensation Plan. Employee participation in the Deferred Compensation Plan
is voluntary.
XXI TERMINAL COMPENSATION
The employee's terminal compensation will be contributed by the District to the
401(a) plan at termination, retirement or resignation at 100% of total
compensation, as defined in the 401(a) Plan Document under Section 5.03 (b),
or the Internal Revenue Service maximum contribution limit, whichever is lower:
In no case will the total 401(a) contribution be in excess of Internal Revenue
Code mandated limits in force at the time of termination, retirement or
resignation.
Any other outstanding vacation or sick leave and earned overtime due the
employee at the time of termination, retirement, or resignation will be calculated
and issued to the employee with the final paycheck. All unused accumulated
sick leave at the time of retirement is credited as longevity upon retirement.
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XXII SALARY CONTINUANCE
It shall be the general policy of the District to continue pay to an employee under
the Salary Continuance Plan when an employee incurs a work - related injury or
illness. This plan commences if the employee qualifies for temporary disability
payments from Worker's Compensation for the disability and, if in the opinion of
the District, the disability is work - related. If the injury or illness is determined
legitimate, all of the employee's regular benefits will continue during the time this
plan is in effect.
The salary continuance will be equivalent to seventy percent (70 %) of gross
salary less any Worker's Compensation payments.
The maximum period for which this plan could be used by an employee will be
six (6) months or until a stable level of disability is reached, whichever comes
first.
The Salary Continuance Plan will commence on the fourth day after the disabled
employee leaves work as a result of the injury or illness after a three -day waiting
period. However, if the injury or illness causes disability of more than twenty -one
(21) days or necessitates hospitalization, the Plan will become effective from the
first day the injured employee leaves work as a result of the injury or illness. The
employee may use vacation or sick leave accrual during this waiting period.
XXIII VEHICLES /MILEAGE
Those employees driving their personal vehicle on District business, including
Department Directors, shall be reimbursed by the District at the rate allowed by
the Internal Revenue Service without tax consequences.
XXIV SAFETY EQUIPMENT
Personal safety equipment required by the employee to perform his /her job
duties will be provided by the District.
The employee will be entitled to safety shoes and safety glasses in accordance
with the applicable District policies and standards.
XXV EMPLOYEE ASSISTANCE PROGRAM (EAP)
The District Employee Assistance Program shall be provided by the District to the
employee.
XXVI CELLULAR PHONES
Employees are reimbursed for their work - related use of personal
cell phones, including emergency response in accordance with Board Policy
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' "Manager • ne Reimbursement Policy. . . the
M
GeReral Manager and ratifiGatien by the Board-.
XXVII SAVINGS
If any provision of this Memorandum of Understanding should be held invalid or
outside the scope of bargaining by operation of law or by the final judgment of
any court of competent jurisdiction, the remainder of this Agreement shall not be
affected thereby.
XXVIII SIGNATURES TO AGREEMENT
Entered into this 1 st day of November, 2012 subject to the adoption by the Board
of Directors of Central Contra Costa Sanitary District.
CENTRAL CONTRA COSTA MANAGEMENT GROUP
SANITARY DISTRICT
ELAINE R. BOEHME
EDWARD KREISBERG, ESQ
MICHAEL SCAHILL
STEPHANIE KING
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