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Home My WebLink AboutAGENDA REPORT 2002 0515 CC REG ITEM 11BTO: FROM: DATE: MOORPARK CITY COUNCIL AGENDA REPORT Honorable City Council €TEM I I * E'S., - — C5-- 7t5--- Deborah S. Traffenstedt, ATCM /City Clerk May 6, 2002 (CC Meeting of 5/15/02) SUBJECT: Consider Second Addendum to Memorandum of Agreement (MOA) with Service Employees International Union AFL -CIO, CLC Local 998 Pertaining to July 3 or July 5 and December 31 Holidays BACKGROUND On September 5, 2001, the City Council approved a revised Memorandum of Agreement (MOA) ending June 30, 2004, with Service Employees International Union AFL -CIO, CLC Local 998. At the December 19, 2001 regular meeting, the City Council approved an addendum to the MOA to add a December 31 holiday when this date falls on a Monday. DISCUSSION A Second Addendum is now proposed to revise the language pertaining to a December 31 holiday and to add July 3 (when this date falls on a Monday) and July 5 (when this date falls on a Friday) holiday language (see legislative format language in attachment) . The attached Second Addendum to the MOA incorporates revisions to Section 1101 (Paid Assigned Holidays), Section 1102 (Work on Holidays) and Section 1103 (Holiday Policy for Regular Part -Time Employees) of the MOA. The Local 998 Union has submitted a letter of support for the amendments (see attachment). Staff is requesting that the City Council approve the Second Addendum to the MOA and authorize the City Manager to sign the amendment, with the final language to be approved by the City Manager. STAFF RECOMMENDATION Authorize the City Manager to approve the Second Addendum to the MOA with the final language to be approved by the City Manager. Attachment: Draft Second Addendum to MOA vv�,v SECOND ADDENDUM TO SEPTEMBER 2001 MEMORANDUM OF AGREEMENT BETWEEN SERVICE EMPLOYEES INTERNATIONAL UNION AFL -CIO, CLC, LOCAL 998, AND CITY OF MOORPARK THIS ADDENDUM, made and entered into this _ day of May, 2002, by and between Service Employees International Union AFL - CIO, CLC, Local 998 ( "Local 998 ") and the City of Moorpark ( "City "), a Municipal corporation, located in the County of Ventura, State of California, which is entered into with reference to the following recitals. RECITALS WHEREAS, Local 998 entered into a revised Memorandum of Agreement ( "MOA ") with the City, effective from date of ratification by both the employees and the City Council in September 2001 up to and including Midnight, June 30, 2004; and WHEREAS, on December 19, 2001, the City Council authorized the City Manager to approve an amendment to the MOA to incorporate revisions to Section 1101, Paid Assigned Holidays, to add a December 31 holiday, consistent with Attachment 1 to this Addendum; and WHEREAS, on May 2002, the City Council authorized the City Manager to approve an amendment to the MOA to incorporate additional revisions to Section 1101, Paid Assigned Holidays, to revise the language for the December 31 holiday and add a holiday that would fall on either July 3 or July 5, consistent with the language in Attachment 1 to this Second Addendum. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, BENEFITS AND PREMISES CONTAINED HEREIN, THE PARTIES AGREE TO THE FOLLOWING REVISIONS TO THE MOA: The MOA between Local 998 and the City shall be amended consistent with Attachment 1 to this Addendum, which attachment shows with legislative format (left margin line and underlining) the language revised in the MOA. IN WITNESS WHEREOF, the parties hereto have caused this Addendum to the MOA between Local 998 and the City to be executed the day and year first above written. Second Addendum to 2001 MOA between Local 998 and City of Moorpark Page 2 ON BEHALF OF THE CITY: Steven Kueny, City Manager ATTEST: ON BEHALF OF LOCAL 998: Robert Vodka, Chief Spokesperson Deborah S. Traffenstedt Barry Hammitt, Executive City Clerk Director John Casillas, President Moorpark Chapter Local 998 Teresa Jones, Local 998 Unit Representative Mario Riley, Local 998 Elected Negotiator Attachment 1: Revisions to MOA shown with legislative format (new language identified by left margin line and underlining) 04 Second Addendum to 2001 MOA between Local 998 and City of Moorpark Page 3 ATTACHMENT 1 Sec. 1101 PAID ASSIGNED HOLIDAYS: 1. New Year's Day, January 1; 2. Martin Luther King's Birthday, the third Monday in January; 3. President's Day, the third Monday in February; 4. Cesar Chavez day, March 31, as follows: a) If March 31 falls on a Sunday, Monday, Tuesday, or Wednesday, then the holiday will be observed on Monday; b) If March 31 falls on a Thursday, Friday, or Saturday, then the holiday will be observed on Friday. 5. Memorial Day, the last Monday in May; 6. July 4 and either July 3 or July_ 5 as follows: a) July 3 - Eight hours i" `his date falls o: Monday; b) July 5 - Eight hours if this date =ails on a Friday; 7. Labor Day, the first Monday in September; 8. Veteran's Day, November 11; 9. Thanksgiving Day, the fourth Thursday in November; 10. The day after Thanksgiving; 11. Christmas Day, December 25; 12. Christmas Eve (December 24) as follows: a) Four hours if this date falls on Tuesday, Wednesday, Thursday or Friday; b) Eight hours if this date falls on Monday; c) No hours if this date falls on Saturday or Sunday. 13. December 31 as follows: Eight hours if this date falls on a Monday. 14. And every day appointed by the President of the United States or Governor of this State for public feast, Thanksgiving or holiday, when specifically authorized by the City Council. Except numbers 6.a. (July 3) and 6.b. (July 5), 12. (December 24), 13. (December 31), or 14., above, if a paid assigned holiday falls on a Saturday, the preceding Friday shall be the holiday in lieu of the day observed. Except numbers 6.a. (July 3) and 6.b. Second Addendum to 2001 MOA between Local 998 and City of Moorpark Page 4 (July 5) , 12. (December 24), 13. (December 31), or 14., above, if a paid assigned holiday falls on a Sunday, the following Monday shall be the holiday in lieu of the day observed. For those employees regularly scheduled to work Saturday and /or Sunday, the paid assigned holiday shall be the day on which the holiday actually occurs. The July 3, July 5 and December 31 holidays are subject to the revised ho1id �y pay _language in Sections 1102 and 1103. Sec. 1102 WORK ON HOLIDAYS: Full -time employees who are required to work on a paid assigned holiday shall, in addition to receiving straight time, not to exceed eight (8) hours per holiday, be paid in cash at one and one -half their then regular rate of pay for hours actually worked, up to eight (8) hours, not to exceed eight (8) hours per holiday. Any time worked in excess of eight (8) hours on a paid assigned holiday shall be paid in cash at two and one -half (2 1-�) times their then regular rate of pay. Any full -time employee, whose regularly scheduled day off falls on a paid assigned holiday and who is not required to work on said holiday, shall be credited with eight (8) vacation leave hours for each such holiday. Full -time employees required to work on the Cesar Chavez, July 3, July 5, or December 31 holidays shall receive straight -time pay, not to exceed eight (8) hours, and shall also be credited with one hour of vacation leave for each hour worked on Cesar- Chavez the referenced holidays, not to exceed eight (8) hours. Any hours worked in excess of eight (8) hours on the Cesar Chavez, July 3, July 5,_and December 31 . _ .................. _ . holidays shall be paid in cash at two and one -half (2 times the employee's regular rate of pay. Sec. 1103 HOLIDAY POLICY FOR REGULAR PART -TIME EMPLOYEES: Employees whose regular schedule is less than full time shall receive holiday credit on a pro rata basis, receiving pay or vacation based on their regular scheduled hours for the fiscal year. Regular part -time employees required to work on the Cesar Chavez, July 3, July 5, and December 31 holidays Second Addendum to 2001 MOA between Local 998 and City of Moorpark Page 5 shall receive straight -time pay for hours worked and shall receive pro -rated vacation leave as credit for the holiday, consistent with applicable provisions in the Personnel Rules.