3 Resolution Approving a One (1) Year Memorandum of Understanding and a Side Letter Concessions Agreement between the City of Livingston and the City of Livingston Clerical Employees Association

Meeting Date: August 05, 2014

Agenda Item #3. Resolution Approving a One (1) Year Memorandum of Understanding and a Side Letter Concessions Agreement between the City of Livingston and the City of Livingston Clerical Employees Association

Note from TheGardeningSnail. Part of this page was produced by running a PDF Image File through a program that converts Image to Text. Apologies for any Textual Gremlins that may have crept in. I have also broken up some of the larger paragraphs for easy of reading.

STAFF REPORT

AGENDA ITEM: Resolution Approving a One (1) Year Memorandum of Understanding and a Side Letter Concessions Agreement between the City of Livingston and the City of Livingston Clerical Employees Association.

MEETING DATE: August 5, 2014

PREPARED BY: Odi Ortiz, Assistant City Manager/Finance Director REVIEWED BY: Jose Antonio Ramirez, City Manager

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RECOMMENDATION:

Adopt Resolution No. 2014 , Approving a one (1) year Memorandum of Understanding and side letter concessions agreement between the City of Livingston and the City of Livingston Clerical Employees Association for the period July 1, 2014 through June 30, 2015.

BACKGROUND:

The City of Livingston, through the City Manager and the City of Livingston Clerical Employees Association, has come to a tentative one year Memorandum of Understanding, covering the period July 1, 2014 through June 30, 2015, with the following changes;

1) Side-letter concessions agreement (Exhibit A): Budgetary Solutions effective July 1, 2014;

a) One furlough day per month (12 days total during fiscal year 2014-15)

b) $75 per month medical contribution per member

c) Freezing 40 hours of vacation cash-outs

DISCUSSION:

The terms of the current Memorandum of Understanding shall be extended to cover the period July 1, 2014 through June 30, 2015, with change(s) mentioned above, unless modified, changed, or otherwise altered by force of law or by mutual agreement between the parties of this agreement. The modifications to MOU are highlighted for easier review.

FISCAL IMPACT:

Budgetary solutions: Annual cost savings from 12 furloughs, $75 monthly medical contribution, and freezing 40 hours of vacation cash-outs are estimated as follows; general fund $7,650 and enterprise/other funds $10,680 for a total of $18,330. Estimated savings are based on same number of unit members as in 2013-14.

ATTACHMENTS:

1. Resolution No. , A Resolution of the City Council of the City of Livingston Approving a one (1) Year Memorandum of Understanding and Side Letter Concessions Agreement Between the City of Livingston and the City of Livingston Clerical Employees Association.

2. City of Livingston Clerical Employees Association MOU.

3. Side-Letter Concessions Agreement Exhibit A

RESOLUTION NO. 2014-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LIVINGSTON APPROVING A ONE (1) YEAR EXTENSION TO THE MEMORANDUM OF UNDERSTANDING AND A SIDE LETTER CONCESSIONS AGREEMENT BETWEEN THE CITY OF LIVINGSTON AND THE CLERICAL EMPLOYEES ASSOCIATION

WHEREAS, the City of Livingston, through its City Manager, has negotiated new terms which will alter or change the existing Memorandum of Understanding, as it applies to the Livingston Clerical Employees Association; and

WHEREAS, the terms of the extended Memorandum of Understanding between the City of Livingston and the Livingston Clerical Employees Association are effective July 1, 2014.

WHEREAS, the City Council now desires to formally approve those changes in the Memorandum of Understanding as have been negotiated and approved by the parties.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Livingston that it hereby:

1. Approves a one (1) year extension to the Memorandum of Understanding between the City of Livingston and the City of Livingston Clerical Employees Association, in a form approved by the City Attorney, and substantially in the form attached hereto for the period of July 1, 2014 through June 30, 2015.

2. Approves a one (1) year side-letter concessions agreement between the City of Livingston and the City of Livingston Clerical Employees Association, in a form approved by the City Attorney, and substantially in the form attached hereto on Exhibit A, for the period of July 1, 2014 through June 30, 2015.

Passed and adopted this 5th day of August, 2014, by the following vote: AYES:

NOES:

ABSENT:

ABSTAIN:

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Rodrigo Espinoza, Mayor of the City of Livingston

ATTEST:

I, hereby certify that the foregoing Resolution was regularly introduced, passed, and adopted at a regular meeting of the City Council of the City of Livingston this 5th day of August 2014.

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Betty Cota, Deputy City Clerk of the City of Livingston

EXHIBIT A

MOU Side Letter Agreement Between the City of Livingston and Operating Engineers Local Union No. 3 Clerical Employees Association

RE: Fiscal Year 2014/2015 Concessions

A) One Year-Term: July 1, 2014 through June 30, 2015

Concession Item #1

Section 14.1 of the Memorandum of Understanding between the City of Livingston and the Clerical Employees Association defines a work week as 40 hours in a 7 day period and regularly scheduled work days.

The Clerical Employees Association agrees to the following stipulations to this section effective July 1, 2014.

• Twelve (12) furlough days per fiscal year.

Effective July 1, 2014, the City shall implement 96 hours of unpaid furlough time. These unpaid furloughs will be deducted from each pay check annually in 26 equal amounts (bi-weekly payroll) and are retroactive to July 1, 2014. Bargaining unit members will take furlough days off on the dates identified in the furlough schedule, which will be established at the discretion of the city manager and/or department heads.

(Bargaining unit members cannot use or substitute sick, vacation, comp-time, or paid leave of any kind in place of the furloughs.)

Concession Item #2

MOU Section 19.1: $75.00 monthly contribution towards medical premiums by bargaining unit members.

• Effective July 1, 2014, the bargaining unit members will contribute $75.00 per month toward the cost of medical insurance premiums provided by the City. These contributions are retroactive to July 1, 2014 and are pre-tax.

Concession Item #3

MOU Section 17.1: Effective July 1, 2014, limit cashing out vacation to 40 hours per year instead of 80 hours per year.

This letter of agreement shall become fully effective upon signature of the City representative and union representatives and upon ratification by City Council and Bargaining Unit.

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Michael Eggener, Business Representative Operating Engineer’s Local No. 3 of the International Union of Operating Engineers: AFL – CIO

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Filomena Arredondo, OE3 Member

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Connie Payan, OE3 Member

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Jose Antonio Ramirez, City Manager City of Livingston

Date——–

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