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HomeMy WebLinkAboutRes2019-073 Sponsored by: Meszaros CITY OF SEWARD, ALASKA RESOLUTION 2019-073 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A REVISED CONTRACT WITH THE INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS (IBEW) EFFECTIVE JULY 1, 2019 AND ENDING JUNE 30,2022 WHEREAS, the City of Seward and the International Brotherhood of Electrical Workers (IBEW) have negotiated and agreed upon a new contract governing the wages and working conditions for electrical lineman, operator/mechanics and the field engineer employed by the City through the Electric Department; and WHEREAS, the City and IBEW agree to the terms and conditions as outlined in the attached contract which expires June 30,2022; and WHEREAS, the City and IBEW were not able to reach this tentative agreement until July 22, 2019 and the current contract expired on June 30, 2019; the City and IBEW have continued under the terms of the old agreement, pending Council approval of this tentative agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA that: Section 1. The City Manager is hereby authorized to enter into an agreement, in substantially the form presented at this meeting, with the International Brotherhood of Electrical Workers (IBEW) retroactively effective July I, 2019 and continuing until June 30, 2022. Section 2. This resolution shall take effect immediately upon adoption with all economic terms to be implemented retroactively to July 1, 2019, as appropriate. PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 12ih day of August,2019. THE CITY OF SEWARD, ALASKA • David Squires, a r I CITY OF SEWARD,ALASKA RESOLUTION 2019-073 AYES: Seese, Lane, Osenga, Horn, McClure, Squires NOES: None ABSENT: Towsley ABSTAIN: None ATTEST: /4Je�ll al .0 Brenda J. B , MMC City Clerk (City S r:. . ,..c>. SEAL ® s BF t' h3',. J J Agenda Statement Meeting Date: August 12, 2019 To: Seward City Council From: Scott Meszaros, City Manager a Agenda Item: Approval of the 2019-2022 International Brotherhood of Electrical Workers contract BACKGROUND AND JUSTIFICATION: The attached contract is the result of several days of negotiations between the representatives of the City of Seward (City) and the International Brotherhood of Electrical Workers (IBEW). The new contract has an effective date of July 1,2019 and will continue through June 30,2022. Because this tentative agreement was reached beyond the contract expiry, the City and IBEW have been operating under the terms of the expired contract. The parties have agreed that the contract provisions, if approved, will be effective retroactively to July 1, 2019. A summary of the agreed upon changes to the contract are as follows: Term of Agreement— Change dates from 2016-2019 to 2019-2022 Dispatching New Employees— Changes to incorporate the "Janus Decision" Posting and Rules — Providing for employee and union input in job classification and job description changes Notices— Including email in noticing requirements Schedules — Updating CBA language to better reflect current practice Overtime — Updating overtime provisions to reflect a more flexible schedule (4-10's) Termination Pay — Updating the CBA to reflect Title 3 Safety Devices— Providing AED's for employees conducting electrical work Class "A" Commercial Driver's License Reguired — Excluding the Field Engineer from this requirement Arbitration— Losing party is responsible for arbitrator cost Tools and Clothing Allowance— Provides for an allowance for Fire Retardant clothing Connects/Disconnects, Locates and Routine Switching — Allows for the Field Engineer to do low voltage meter work Trust Fund Contributions—Increases the trust fund contribution by$1.75 per compensable hour in 2019, by $0.25 in 2020 and by $0.25 in 2021. Trust Fund Contributions—Increases the Health Insurance and Money Purchasing Contribution by $234 per month per employee Wage Rate — Increases the base wage rate by $1.86 per hour for 2019 and an increase equal to CPI with a floor of 1% and a ceiling of 4% in 2020 and 2021 Field Engineer—Includes the Field Engineer in the CBA and provides for the inclusion of existing working conditions as it pertains to that employee ,fob Classifications — Includes Field Engineer and modifies Operator/Mechanic job title. Incorporates new base wage rate. INTENT: Update and extend IBEW contact to June 30, 2022. 119 CONSISTENCY CHECKLIST: Yes No N/A 1. Comprehensive Plan: X 2. Strategic Plan: X 3. Other: X FISCAL NOTE: The impact of the negotiated IBEW salary and benefit increases reflects a three-year package cost of between (approximately) $208,000 and $281,000. The total impact will depend on the consumer price index, as wages will increase between 1% and 4% annually depending on the CPI. Thus, a range of cost impacts is provided. In 2019 the total impact is estimated at $39,553; in 2020 the total impact is between $69,000 and $91,000 (the cost increases include and build on the increase from 2019 since,for example,wages increase $1.86 per hour in 2019 and then another 1% to 4% in 2020); in 2021 the total impact is between $99,000 and $150,000 (the cost increases in 2021 include and build on the increases from 2019 and 2020). Approved by Finance: 2� � ATTORNEY REVIEW: Yes X No RECOMMENDATION: Approve Resolution 2019- 073 authorizing the City Manager enter into a contract with the International Brotherhood of Electrical Workers with a term expiring June 30, 2022. 120 2019 Cos/IBEW Negotiations IBEW Proposal/Counter Proposal Date/Time Section 1.1 Term of Agreement. This Agreement will remain in full force and effect from July 1, 20196, until June 30, 2019-2022 and thereafter year to year; provided, however, that either party may give the other party written notice of its desire to terminate the Agreement or to effect changes therein. Such written notice will specify the reasons for the termination or a description of the changes desired, as the case may be, and will be served upon the other party not less than sixty (60) days prior to the end of the initial period of this Agreement or any annual extension thereof. The parties will meet to negotiate on such termination, modifications or amendments within thirty (30) days from the receipt of such notice, except that such meeting may be delayed by mutual consent. The parties agree that, while negotiating a new agreement, all provisions of this Agreement will remain in full force and effect until a new agreement is ratified or impasse is reached. Nothing herein will preclude the termination, modification or amendment of this Agreement at any time by written mutual consent of the parties. Union City of Seward Date 121 City Proposal Date/Time Section 2.2 Dispatching New Employees The City shall notify the Union when new employees are needed, and the Union shall make every effort to supply satisfactory applicants. Should the Union fail to do this within forty-eight (48) hours, excluding holidays and weekends, the City may hire any qualified person it so desires. r m A. All em to ees covered under the terms of this A reernent who are not already Union members may.snake- anplication to join the Union as a full member or become an a enc fie a er. B. A business representative or shop steward will be allowed to meet with all newly hired bargaining unit employees, without char e to the pgyor leave time of the employees,ees for a minimum of 60 minutes within 7 calendar days from the date of hire in a new em to ee orientation. C. Thiel Emiplover acirees that it will not activelv encourage employees to resign, or relin wish membership in the Union or revoke authorization of the deduction of fees to the Union. Q. The Employer shall not actively diiscoura e an em to ee from "oinin the Union or becoming an ac -iency fee payer. E. The Employer a rees that it will not disclose home addresses ,personal elhene numberspersonal cell phone number s or ersonal e-mail address es of aniv errs to ees for the ur ose of undermining the unione t . 0 F. Nothing in this agreement prohibits, the Union from char in a nonmember for the cost of a grievance and/or arbitration filed at the request of the nonmember. Union City of Seward Date 122 2019 COS/IBEW Negotiations IBEW Proposal/Counter Proposal Datefrime Section 3.3 Posting and Rules. (a) Posting of Notices. A bulletin board shall be provided in a location mutually agreeable to the parties for the posting of Union notices and communications and, in the discretion of the Union, copies of the City's working rules. (b) City-Prescribed Working Rules. The City may prescribe working rules in addition to the working rules set out in this Agreement pertaining to safety, discipline and conduct not inconsistent with the terms of this Agreement. (c) Changes to Safe! Working Rules. Any material changes or additions pertaining to generally applicable or specified safety working rules in relation to classifications in Article X111 will be mutually agreed upon by both parties. td) Job Classifications and Qesgr[Dtions. T e ob iq��he Employer will prgpqL_j_ classifications and descriptions, P[ovided that the iob titles used and the minimum qualifications prescribed will conform to those aeneralIv recoanized and used in the electric utilitv ind:ustiy., The Union may subm,it a proposal to create a new, or revilse an existinal, classification to the Human Resources De artment and the Utility Manager. Neither party shall re guest modification to current classification without adeguate T-heju.st-ification. The Emvlew-Ernnlover and the Shop Steward will meet and confer within thirt calendar days.,_ If the arties cannot come to mutual consent the union Business Representative will meet and confer with the City MagligggeLrAwinthing Jbirty (30), days. If the Business Representative and the Citv Manager cannot come to an agreement the_Cij wil l make the final decision. tatjonmm----Gf-a nw�se new e--P-ariles-w44,qeet4,o -tho--uAio ar-oGed4-AN�-mvided4n--ArfiGle-X.—�-One co ov will be sent to the IBEW. Union City of Seward Date 123 2019 COS/IBEW Negotiations IBEW Proposal/Counter Proposal Date/Time Section 3.7 Notices. All notices required by either party shall be in writing either to the Business Manager of the Union, delivered to his office, or to the City Manager, delivered to his office, and shall be deemed given when delivered, or if mailed by certified mail, return receipt requested, the date of delivery, or if by fax transmission, provided that receipt of said fax transmission is confirmed by the receiving party or it by Email acknowledged ed received with reply. Union city of Seward Date 124 2019 COS/IBEW Negotiations IBEW Proposal/Counter Proposal Date/Time Section 5.1 Schedules. (a) Regular Work Day. The regular work day is eight (8) hours. The regular work day shall be from 7:00 a.m. to 4:00 p.m. or, 8:00 a.m. to 5:00 p.m. if a one-hour lunch period is taken. Alto r watiyel ":00 a.m, to 3:3 .m. or �8:00 a.m. to 4:30 p.m. if a one-half hour lunch period is taken. An schedule change will be m, tuo a reed to by the rties. Union City of Seward / Date 125 2019 COS/IBEW Negotiations IBEw Proposal/Counter Proposal Date/Time Section 5.2 Overtime. (a) Calculation. Regular schedules are defined in 5.1 all time worked outside of are em to ee"s reaulariv scheduled shift shall constitute overtime All--w ve- --dam l--be--ceasidered ^���e—and paid for at double the regular hourly rate with the time calculated to the nearest quarter (1/4) of an hour. Union City of Seward Date �,2 �—f 126 City Proposal Date/Time Section 5.5 Terrnination Pay. When an employee is laid off or quits work, the employee shall receive all N accrued earnings not later than my f—�2 three working da s from the time of termination of employment, except when the day following the termination is a Saturday, Sunday or legal holiday, in which case the employee shall receive accrued earnings on the following work day. Union City of Seward Date 127 City Proposal Date/Time Section 7.2 Safely devices. The City shall furnish such safety devices (other than clothing) and first aid kits as may be needed and requested for the safety and proper emergency medical treatment of the employees. All rubber gloves, coats, hats, boots and all other necessary rubber equipment for the protection of men working on live equipment shall be used by the employees at all appropriate times. OSIHA4ec-pired4a.4-ar. e _, e - esses..... i t-be eyed- °tf ' f t ein _w One AED will be r rovided er crew dolina electrical work.. Union City of Seward ©ace 128 2019 COS/IBEW Negotiations IBEW Proposal/Counter Proposal Date/Time Section 8.6 Class "A" Commercial Drivers License Reguired. The possession of a valid Class "A" Commercial Drivers License shall be a condition of employment, and the loss of such license shall be grounds for termination. If, in the opinion of the Utility Manager, reasonable accommodation can be made, an employee who loses his Class "A" Commercial Drivers License shall retain his employment status with the City. This section does not a y to the Field Engineer classification,. --1 Z Union City of Seward Date 221&Y 129 2019 COS/IBEW Negotiations IBEW Proposal/Counter Proposal Date/Time Section 9.4 Arbitration. (a) Selection. If a request for arbitration is tendered, the Union and the Utility Manager shall, within five (5) calendar days, meet to agree on a mutually acceptable Alaska arbitrator. If no agreement can be reached, the grieving party shall within thirty (30) calendar days thereafter request a list of ten (10) arbitrators from Alaska from the American Arbitration Association. The arbitrator shall be selected within five (5) calendar days after receipt of the American Arbitration Association list by the striking method from that list. The parties shall utilize a coin toss to determine the order of striking and then alternate in striking names from the list of arbitrators until one arbitrator remains who shall be the arbitrator for the dispute. The grieving party shall notify that arbitrator of appointment within five (5) calendar days of selection. The parties shall endeavor to hold the arbitration within ninety (90) days following the notice of appointment to the arbitrator unless otherwise agreed by the parties and the arbitrator. Tb by the �i . The part losinq the decision shall bear the total ex ense of the arbitrator; however, each r)artv will r)av the wa es salaries fees anq ex enses of its designated witnesses. Union City of Seward �M- Date 130 2019 COS/IBEW Negotiations IBEW Proposal/Counter Proposal Date/Time Section 10.3 Tools and Clothing Allowance. Wiremen shall furnish their awn pocket tools. NECA employees will provide their own tools. The City shall annually furnish each regular employee who is a journeymen lineman with all other hand tools including two (2) pairs of leather gloves; provided that commencing January 1, 2008, regular employees who are journeymen linemen will be provided hand tools on a replacement basis, which will be only if broken or lost in a manner not caused by the negligence of that employee. The City will continue to provide all employees with 2 pairs of gloves annually. e a Inl ref , 4an aef O ewe i d eqUfreents of e e Ir" a , paLes ae diation by the Mediation , aGGOrdan reaGh an ar FeerAefA New em.- s will be, orvvid--d with an " " f--Fire Retardant FFl clothing will be provided with an initial allowance of $2,000 and an annual allowance of $2509-&0850 to be used with the twit 's agproved vendor. These limits mgt be exceeded upon specific,,approval of the Utility Manager. At no time will the Em to er refuse to replace clothing: damaged at work that is no longer serviceable. In addition, the City will provide each employee a set of Fire Retardant rain ear ants and "acket every three years. Janua 1s' of eve year thereafter, an FIR upkeep allowance of h„aff thecrt�ti 880 will be given. NECA temporal employees will feo4eyebe provided up to 800 for Fire Union City of Seward Date w� / 131 2019 COS/IBEW Negotiations IBEW Proposal/Counter Proposal Date/Time Retardant clothing on a proratedbasis. 4a Union City of Seward Date / 132 2019 CCIS/IBEW Negotiations IBEW Proposal/Counter Proposal Date/Time Section 10.8 Connects/Disconnects, Locates and routine swItchi*ng One journeyman lineman shall perform the work and may work as a one- man crew when executing connects and disconnects (meter installation, removal and booting) locates, inspections, routine switching of circuits (sec. 10.7), line patrol and emergency repair to the extent necessary to safeguard the general public. One qualified bargaining unit Employee may perform meter installation and removal of 120/240 sin ale ohale meters durina normal working hours. Union ;;A -- City of Seward Date 7 T 133 Section 12.1 Trust Fund Contributions. (a) Pension Fund. (1) The City agrees to participate in, and contribute to, the Alaska Electrical Pension Fund (AEPF), and Alaska Electrical Workers Money Purchase Pension Plan (AEWMPP) trust funds which were established pursuant to: 1) an agreement between the Union and the Alaska Chapter of the National Electrical Contractors Association, Inc.; and 2) that certain declaration of trust entered into by the aforesaid parties for the purpose of providing pension benefits for those persons covered by said agreement. (2) Effective July 1 , 20169 and subject to the maximum amount set forth below, the City will pay into the AEPF the sum of &XEEjigJht Dollars and Sever4ty-OneFourty-Six Cents ($644-_8.46) for each compensable hour earned in a month by an employee in a job classification listed in Article X111 herein. Effective July 1, 204-720, said rate shall increase to&x-EightDollars and E-igWy-Rve-Seventy-OneCents ($6,.-858.71). Effective July 1, 204-821, said rate shall increase to &x-Ejght Dollars and Y inety N -Si .99 xCents ($6- 8.96). L _ - The City will pay into the AEWMPP the sum of Two Hundred Twenty-five Dollars ($225.00) per month for those employees in job classifications listed in Article XIII herein. (3) The foregoing payments to the Fund, made by the City, will entitle said covered employees of the City to pension payments under such terms and conditions that may be lawfully provided for by the administration and management of said funds. The City's liability shall be limited to making the foregoing payments. (4) All payments due under this Section 12.1 are payable to said fund on or before the 15th day of the month following the month in which said compensable hours were earned by the City's said employees. If an employee is terminated by the City or leaves employment of the City on any day during the month, or if the employee shall be employed on any day other than as indicated by a full calendar month, the employee shall be entitled to the pro-rata portion of the working days actually earned, all payments due hereunder. Union City of Seward Date 134 (5) Tompensable hour" as used in this Section 12.1 shall mean only straight-time or overtime hours actually worked, standby time measured in hours, and annual leave taken; for clarification, compensable hour does not include other categories of time including but not limited to, leave without pay time, workers' compensation time or meal allowance time.. Union City of Seward Date 135 2019 COS/IBEW Negotiations IBEW Proposal/Counter Proposal Date/Time Section 12.1 Trust Fund Contributions. (b) Health Insurance and Money Purchase 'lard. The City agrees to participate in and contribute to the Alaska Electrical Health and Welfare Trust Fund and, depending upon the Health and Welfare Flex Plan (Seward Plans 500-505) selected by an employee, to the Alaska Electrical Worker's Money Purchase Pension Plan of the Alaska Electrical Workers Pension Fund for the purpose of providing selected benefits to the employees covered by this agreement. The City will contribute $ per month, per employee to the Trust Funds. Any contribution required of employees to pay for health benefit premiums not covered by the amounts paid by the City under this subsection 12.1(b) may be withheld from employee paychecks and forwarded to the Trust Fund, provided that clear and uncontested notice of such amounts is provided to the City by the Trust. The City will cover up to a 5% increase in the premium, each year. Any increase above 5% will be paid by the employee. Union City of Seward Date 136 Section 12.2 Wage Rate. The base wage rate for purposes of calculating the wages of employees covered by this Agreement shall be $ 7.99 per hour for the term of this Agreement. Individuals covered under the terms of this agreement shall not be entitled to receive any across-the-board pay increases granted by the City Council to all other regular City employees. Effective July 1, 2 - b, all journeyman linemen shall receive an increase of the current base rate of pay or the current base rate equal to 100% of the U.S. Department of Labor Consumer Price Index for all-urban consumers for Anchorage measured from January 1, 20169 through December 31 , 20169, with a minimum of by 1% and a maximum of _%. Effective July 1, 204821 , all journeyman linemen shall receive an increase of the current base rate of pay or the current base rate equal to 100% of the U.S. Department of Labor Consumer Price Index for all-urban consumers for Anchorage measured from January 1, 20 20 through December 31 , 20 20, with a minimum of by 1% and a maximum of _%. Union ,r City of Seward Date 137 2019 COS/IBEW Negotiations IBEW Proposal/Counter Proposal Date/Time Section 12.6 Eigid Engineer, 1 . - `he Field Engineer classification shall not be re Fired to possess a commercial driver's License re uired under Article 8.6. 2. All overtirne aid to erri to ees in the field en ineer classification shall be at a rate of one and one-half the strai ht time rate of oay. 3. NeAly hired Members in the Field Engineer classification will receive these SEW benefits under Article 12 Wa es and Benefits. 4. Current Members in the Field En ineer classification will continue to receive PERS benefits and are not entitled to�o er contribltions to the Alaska Electrical Pension Fund AEPF Alaska Electrical Workers Monev Purchase Pension Plan AEWM PP , or IBEW Hardshin and Benevolent Fund�Il-l13F Union City of Seward Date / 138 ARTICLE 13 JOB CLASSIFICATIONS This Article shall cover all classifications of employees covered by this Agreement. The wage rate for the classifications of employees covered by this Agreement shall be as follows: Percent of Journeyman Lineman or Wireman Base wage rate 7/01/169 $ 464-347.99 per hour The effective wage rate (the regular or straight time hourly rate) for classifications shall be a percentage of the base wage rate as follows: Journeyman Lineman or Wireman 100% of base wage rate Line Foreman 112% of base wage rate Leadman 105% of base wage rate Field Engineer 75% of base wage rate Power Plant Operator/-and-Mechanic (a) hired before July 1 , 2010 100% of base wage rate (b) hired after July 1 , 2010 90% of base wage rate for first six months, 95% of base wage rate from end of sixth month through end of ninth month, and 100% thereafter. Apprentices (See Section 6.1 of this Agreement) If employees are needed for work not listed in the classifications under this Article but for work included in the bargaining unit, they shall be paid at a negotiated rate that relates in importance to one of the classifications herein provided. Union City of Seward Date 3=62c" .m ._�� 2 l 139