HomeMy WebLinkAbout01. Consider approval of tentative agreement with Local One and provide direction on MOU Page 1 of 6
Item 1.
CENTRAL SAN CENTRAL SAN BOARD OF DIRECTORS
POSITION PAPER
MEETING DATE: AUGUST 28, 2018
SUBJECT: CONSIDER APPROVAL OF A TENTATIVE AGREEMENT WITH PUBLIC
EMPLOYEES UNION LOCAL ONE AND PROVIDE DIRECTION ON
MODIFICATION OF THE MEMORANDUM OF UNDERSTANDING (MOU) TO
BE RETURNED FOR BOARD APPROVAL
SUBMITTED BY: INITIATING DEPARTMENT:
TEJI O'MALLEY, HUMAN RESOURCES SECRETARYOF THE DISTRICT
MANAGER
ANN SASAKI, DEPUTY GENERAL MANAGER
Roger S. Bailey Kenton L. Alm
General Manager District Counsel
ISSUE
The Public Employees Union Local One ratified the terms for a successor Memorandum of
Understanding (MOU)with the District and formal adoption of the terms by the Board of Directors is
required.
BACKGROUND
Representatives of the Board and the Public Employees Union Local One bargaining team met numerous
times since April 2017 in negotiations for a successor MOU to the existing MOU which expired on
December 17, 2017. 1 n this effort the parties met over 26 times. Unfortunately, an agreement could not
be reached, and an impasse was declared on June 8, 2018. Following impasse, the parties engaged the
services of the State Mediation and Conciliation Service. Mediation was held on July 11, 2018 and August
13, 2018. As a result of that mediation, the Mediator presented a proposed Mediator's Settlement that he
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believed balanced the needs of the District and the employees, and thereafter the parties reached a
tentative agreement on the terms listed in Attachment 1. These terms, along with all tentative agreements
signed to date, listed in Attachment 2 will form the basis of a new successor MOU. The first wage increase
shall be effective retroactively to August 18, 2018.
The final language, incorporating these changes into the successor MOU will be brought to the Board at a
future date for final adoption.
ALTERNATIVES/CONSIDERATIONS
None.
FINANCIAL IMPACTS
Taking into consideration the projected savings from switching to CalPERS Healthcare, the proposed net
cost impact over the proposed term of the contract (if CPI reaches the maximum cap of 3.75%) is
approximately$378,000.
COMMITTEE RECOMMENDATION
This item was not reviewed by a Board Committee.
RECOMMENDED BOARD ACTION
Approve the tentative agreement with the Public Employees Union Local One and provide staff with
direction to incorporate the terms in the tentative agreement into a successor MOU to be brought back to
the Board in a subsequent meeting for final adoption.
ATTACHMENTS:
1. Proposed Tentative Agreement
2. List of signed Tentative Agreements
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Attachment 1
Central Contra Costa Sanitary District
and
Local One
Negotiations 2018
Proposed Tentative Agreement
August 13, 2018
1. Term of Contract: The term of the Memorandum of Understanding shall be four
years, December 18, 2017 to April 17, 2022.
2. Health Care:
A. District will contract with CalPERS to provide employee health care. The
premium costs of the core plans, as defined in this MOU, shall be borne by the
District.
B. Tiers shall remain as stated in the existing MOU.
C. District will adopt the PEMCHA minimum vesting schedule for active and
retiree healthcare.
D. Upon the implementation of CalPERS Healthcare, the District shall contribute
1 .5% of base salary to a Healthcare Reimbursement Account (HRA) for Tier III
bargaining unit members.
3. Wage Increase: Effective upon ratification of the MOU by Local 1 and adoption
by the Board, employees' wages shall be increased by 3.75%. On April 18, 2019,
April 18, 2020 and April 18, 2021 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. If the applicable CPI is less
than 2%, than the salary increase will be 2%. If the applicable CPI is greater
than 3.75%, than the salary increase will be 3.75%.
4. Union accepts the withdrawal of District Proposal #1 Out of Class Pay, and in
exchange will withdraw its Proposal #4 Out of Class Pay.
5. Union accepts District's proposal #5 of November 17, 2017 which includes
withdrawal of District Proposal #7 Standby Pay, in exchange for withdrawal of
Union Proposals #8 Earned Overtime Caps and #9 Stand-by Pay. Union accepts
District Proposal #4 Standby Pay, language changes.
6. District accepts Union Proposal #24 on Holiday Pay.
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Attachment 1
7. Union accepts District modified Proposal #13 Personnel Advancements
presented on November 30, 2017. The effective date of this provision shall be
the effective date of the MOU.
8. Beginning on April 18, 2022, any cash out of sick leave accruals shall be
deducted from an employee's sick leave accrual bank at time of retirement. Any
remaining balance shall be reported to CCCERA as retirement service credit.
9. Union accepts District Proposal #18, Loss of Driver's License.
10.Union accepts District Proposal #2 on Longevity Pay and will withdraw Union
Proposal #6.
11.Union accepts District Proposal #3 codifying the Relief Operator position and
withdraws Union Proposal #7 increasing the Shift Differential for operators.
12.Union withdraws Union #21 Social Security and Union #23 Vacation Payout.
13.Union withdraws Union #20, Deferred Compensation.
14.Union withdraws Union #22, Increase in Cafeteria Benefits.
15.Union withdraws Union #25, Bereavement Leave.
16.Union withdraws Union #26, Administrative Leave.
17.Union withdraws Union #28, Successor Clause.
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Attachment 2
Signed Tentative Agreements between Central Contra Costa Sanitary District and the Public
Employees Union, Local#1
Added language that clarified temporary employees are not covered by Local#1
Updated language to reflect additional legally protected categories (Race, gender, etc.)
Changed "person"to "employee" in provision to be gender neutral.
Changed "Department"to "Division" as it relates to who determines stand-by procedures specific to a
work unit.
Added language that stated that a leave of absence exceeding 30 days shall not be required to be
approved by the Board. Delegated the authority to the GM. (District and Local#1 met and conferred on
this issue in 2013 and language is now being codified in new MOU. Board approved this action in 2013)
Added clarifying language that 30-minute drive time within a call-out period is for each way.
Added clarifying language that travel time is included in call-out pay and not additionally compensated.
Changed language to allow for the hiring of Local#1 represented employees' relatives but only for
seasonal/student employment.
Changed language to reflect that a grievance must be in writing and must include the provision/practice
violated and a suggested remedy.
Changed language to eliminate the ability of employees to remove unsatisfactory performance reviews.
Changed language to increase notice period for issuing discipline from five days to ten so that it mirrors
the appeal period.
Changed the "Director of Administration"to "Department Director" in provision that states who can be
a hearing officer for an appeal/grievance.
Added language to clarify only non-probationary employees are eligible for a lateral transfer.
Codify language that states all employees are responsible for paying 100%of their share of the pension.
Eliminated requirement that employees must have been here longer than six months before they could
use their accumulated vacation time.
Clarified that jury duty is compensable only if an employee reports to jury duty and is not on "stand-by".
Deleted language that is contradictory to statute related to Pregnancy Disability Leave.
Added language that Local#1 is now an affiliate of AFSCME.
Added language that states the union may hold an orientation with all their newly hired members on
District time for up to 30 minutes and within 15 days of hire (Compliance with the recent passage of
AB119)
Codified language that employees cannot cash out holiday compensation time during employment.
Deleted language that referred to Local#1 employees (hired pre-1982) only paying an agency fee which
consisted of monthly dues and no initiation fees. All post-82 hires pay both.
Added language that clarified payroll deductions of union dues shall only be revocable pursuant to
statute.
Added new section that states employees may voluntarily make payments to AFSCME's Public
Employees' Organized to Promote Legislative Equality(PEOPLE)via a payroll deduction.
Deleted language that referenced sick leave accruals for Tier 1 (pre-1985) employees as there are none
remaining represented by Local#1.
Added language that clarified that the release time for Workers' Compensation appointments is
inclusive of drive time to and from appointment and not in addition.
Increased shoe allowance from $200 to $230 per pair.
Added language that states that up to 6 months of the required 18 months of experience towards a
personnel advancement can be provisional.
Added new section that established a bilingual differential of$75 per month after demonstrated
operational need and approved by Human Resources.
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Attachment 2
Added new section that if an employee is reclassified downward,the salary in the new range will be at
the step closest to the employee's current salary. If it results in a decrease, salary shall be y-rated.
Deleted language that stated an employee had one year from date of hire/promotion to acquire any
required licensure.Added language that release time shall be granted to take any tests for required
licensure if test is administered during employees regularly scheduled work hours.
Increase Class A differential from $75 per month to$85 per month and added new section that
authorizes a Crane and Boom Truck license differential of$85 per month.
Revised section from the current recruitment procedure of the top four candidates being interviewed to
the top six candidates plus any internal candidates.
Added language that clarified that all open/competitive recruitments shall be held in accordance with
Section 10 of the MOU.
Increased meal allowance after four hours of overtime from the current$12.00 to $15.00 and an
additional $1 per year of the contract to a maximum of$18.00.
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