2007-086 - Resolution Approving The Memorandum Of Understanding Between The Town Of Los Gatos And Afscme For The Period July 1, 2007 Through June 30, 2010 And Authorize The Town Manager To Execute The Memorandum Of UnderstandingRESOLUTION 2007 -086
RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING
BETWEEN THE TOWN OF LOS GATOS AND AFSCME FOR THE PERIOD JULY 1,
2007 THROUGH JUNE 30, 2010 AND AUTHORIZE THE TOWN MANAGER TO
EXECUTE THE MEMORANDUM OF UNDERSTANDING
WHEREAS, representatives of the Town and the American Federation of State, County and
Municipal Employees ( AFSCME), in accordance with the Town's Employer - Employee Relations
Resolution No. 1974 -41, have met and conferred in good faith within the scope of representation;
and
WHEREAS, the representatives of AFSCME bargaining team have agreed to present the
proposed agreement for the Memorandum of Understanding for ratification by union members,
attached hereto as Exhibit A;
RESOLVED, by the Town Council of the Town of Los Gatos, County of Santa Clara, State of
California, that the Town of Los Gatos approves the Memorandum of Understanding between the
Town and AFSCME for the period July 1, 2007 through June 30, 2010 and the Town Manager is
hereby authorized to sign the agreement on behalf of the Town.
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos,
California, held on the 18 day of June, 2007 by the following vote:
COUNCIL MEMBERS:
AYES: Steve Glickman, Diane McNutt, Barbara Spector, Mike Wasserman, and Mayor Joe
Pirzynski
NAYS: None
ABSENT:
ABSTAIN:
SIGNED: 4
MAYOR OF THE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
ATTE
CLER HE TOWN OF LOS GATOS
LOS GATOS, CALIFORNIA
EXHIBIT A
Town of Los Gatos and AFSCME Negotiativ
Summary of Agreement
June 12, 2007
MOU Term: 3 -Year Term from July 1, 2007. through June 30, 2010
Wage Increases: July 1 2007 3%
July 1, 2008 3 %*
July 1, 2009 3%
Amend the existina AFSCME MOU in accordance with Tentative Agreements as signed by both parties as follows:
MOU Section
Title
Provision
5
PEOPLE Choice Optional Payroll'
Allows AFSCME employees to make voluntary contributions to the union's
Deduction
political contribution fund through payroll deductions
12
Automatic Deposit
Update language to reference the optional direct deposit of funds.
14,15,16
Insurance Programs, Family
1) Revise the medical package to match the number of eligible dependents.
Medical, and Cash Allocation
2) Establish Delta Premier as the level of Town contribution for Dental
(currently Delta DPO.)
3) Changes to the Dental and Medical plans apply prospectively and do not
affect current employees.
18
Uniforms
Update language to specify types, quantities of uniforms, and include a
replacement policy for worn/damaged items.
20c
Early Start Pay
Update the early start premium to 5% of the base hourly rate for start times
earlier than 7:00 a.m. (currently $7.50 or $8.50 flat per day.)
20d
Parks Summer Schedule
Delete: no longer needed
20h
Work Schedule and Holidays
Change holiday compensation to double time for hours worked on an actual
holiday. Current method of flat number of hours plus overtime per the existing
MOU is difficult to understand and apply.
21b
Overtime Compensation
Discontinue the mandatory splitting of overtime hours (currently 50% comp
time and 50% cash.) Allows option to choose comp time or cash.
23b
Standby Compensation
Discontinue assignment of vehicles for standby. Update language to
reference cell phones instead of beepers.
23c
Standby Training
Eliminate reference to sewers, as this function has been transferred to
another agency.
24
Emergency Work
Rewrite for clarification and provide comp time at the overtime rate for missed
meal periods and breaks during emergency work assignments.
26
Vacation Checks
Delete: no longer needed.
28d
Sick Leave Conversion at
Eliminate caps on sick leave hours for conversion to the Town's retiree
Retirement
medical trust fund, consistent with TEA and Management
28e
Retirement Health Savings Plan
Update timeline to establish the Retirement Health Savings Plan (VEBA)
within the first year of the agreement.
32
Catastrophic Time Bank
Eliminate erroneous reference to holiday hours.
33
Bereavement Leave
Update language to include registered domestic partner.
37
Leave Without Pay
Update language to match actual practice Town Manager or designee.)
46
Seniority
Eliminate outdated reference to CETA time applied to seniority for promotions.
51
Safety
Delete reference to number of employees on a median (include in
departmental procedures rather than in MOU.
53
Workers' Compensation
Move section to follow Health Benefits
55
Re- opener re WV Sanitation
Delete: no longer needed as the sewer transfer is complete.
New
Safety Shoes
Formalize current practice of providing safety shoes for all AFSCME
employees and include a replacement policy.
New
Weekend Work Crews
Establish volunteer overtime assignments for AFSCME employees to
supervise County Weekend Work Crews.
Sideletter
Personal Time Off (PTO)
In year 2 of the agreement, combine vacation, sick, comp and personal leave
Agreement
into a personal leave bank, with no change in the accrual rates. Allow
employees to transfer accrued hours to a Health Savings Account.
Sideletter
Retirement Benefits
On January 1, 2009 or sooner:
Agreement
. Change the vesting schedule for employees to be eligible for.retiree
medical from 5 years to fifteen years. In accordance with CalPERS law,
this change is applied to new employees and does not affect vesting for
current employees.
. Change the CalPERS retirement formula from 2% at age 55 to 2.5% at 55.
To maintain this change as a cost - neutral benefit, employees will pay an
additional 1% of salary each year in employee contributions to CalPERS
and will forgo the 3% increase scheduled for July 1, 2008.
. The formula change must also be adopted by all non -sworn employee
groups in a cost - neutral manner.
■ Prior to adoption, CalPERS will update the Town's actuarial report and
adjustments will be made to the cost offsets per the sideletter agreement.
* The 3% Increase scheduled for July 1, 2008 will be delayed pending the implementation of a change in the retirement formula and vesting
schedule for all non -sworn employee groups. If the retirement changes are not adopted by January 1, 2009 for all non -sworn groups, the 3%
salary increase will be implemented for AFSCME employees retroactive to July 1, 2008.