MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF MANHATTAN BEACH
AND
Manhattan Beach Part-Time Employees Association
January 1, 2022- June 30, 2025
Table of Contents
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ARTICLE 1: PREAMBLE .................................................................................................................... 1 ARTICLE 2: RECOGNITION AND TERM ............................................................................................ 1 ARTICLE 3: SAVINGS CLAUSE .......................................................................................................... 1 ARTICLE 4: MANAGEMENT'S RIGHTS RESERVED ............................................................................ 1 ARTICLE 5: NON-DISCRIMINATION ................................................................................................. 1 ARTICLE 6: RELEASE TIME ............................................................................................................... 2 ARTICLE 7: AT-WILL STATUS ........................................................................................................... 2 ARTICLE 8: CLASSIFICATION CHANGES ........................................................................................... 2 ARTICLE 9: WAGES .......................................................................................................................... 2 ARTICLE 10: SALARY PLACEMENT AND MOVEMENT THROUGH THE STEP SCHEDULE .................. 2 ARTICLE 11: WORK SCHEDULES ...................................................................................................... 3 ARTICLE 12: STANDBY PAY .............................................................................................................. 3 ARTICLE 13: OVERTIME ................................................................................................................... 4 ARTICLE 14: UNIFORMS .................................................................................................................. 4 ARTICLE 15: SICK LEAVE .................................................................................................................. 4 ARTICLE 16: HEALTH INSURANCE ................................................................................................... 4 ARTICLE 17: RETIREMENT ............................................................................................................... 4 ARTICLE 18: GRIEVANCE PROCEDURE ............................................................................................ 5 ARTICLE 19: MAINTENANCE OF MEMBERSHIP AND DUES DEDUCTION ........................................ 6 ARTICLE 20: DIRECT DEPOSIT .......................................................................................................... 7 ARTICLE 21: CITY GYM .................................................................................................................... 7 ARTICLE 22: DEFERRED COMPENSATION (457 PLAN) .................................................................... 7 ARTICLE 23: LABOR MANAGEMENT COMMITTEE .......................................................................... 7 EXHIBIT A – SALARY SCHEDULE ...................................................................................................... 9 Deleted: 3
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ARTICLE 1: PREAMBLE
This Memorandum of Understanding (“MOU” or “Agreement”) is prepared between representatives of the City of Manhattan Beach and the Manhattan Beach Part-Time Employees Association (“MBPTEA” or “Association”). Pursuant to the provisions of Section 3505.1 of the Government Code of the State of California the parties have met and conferred in good faith and hereby agree to this MOU.
ARTICLE 2: RECOGNITION AND TERM
This MOU shall become effect ive January 1, 2022 and will continue in effect through June 30, 2025. The MBPTEA is the exclusive representative of all employees in the part-time classification of Transportation Services Operator. This MOU represents the full and complete understanding between the parties.
ARTICLE 3: SAVINGS CLAUSE
If any provision of this MOU is for any reason held to be illegal or unconstitutional, such decision shall not affect the validity of the remaining portions of this MOU.
ARTICLE 4: MANAGEMENT'S RIGHTS RESERVED
The City need not meet with the representatives of any recognized employee organization to consider:
a) Issues of public policy;
b) The merits, necessity, or organization of any department, service or activity provided by the City pursuant to law or ordinance;
c) Matters which relate to the management of the City or the direction of its work force, including the right to direct employees, to hire, promote, transfer, assign, or retain employees, or suspend, demote, discharge, or take other proper disciplinary acti on against employees, maintain the efficiency of the operation of the City Government, and take any actions necessary to meet conditions of an emergency nature, subject to the rules and regulations of the City. All terms and conditions of employment not covered by this Agreement which have been at the City’s discretion and control shall continue to be subject to the City's discretion and control.
ARTICLE 5: NON-DISCRIMINATION
It is agreed that neither the Association nor the City shall discriminate against any employee because of membership in any protected class identified by law.
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ARTICLE 6: RELEASE TIME
When bargaining sessions or Labor Management Committee Meetings occur during the scheduled work hours of a bargaining unit member, the City w ill provide paid release time for two (2) bargaining unit members to participate in negotiations. When bargaining sessions are scheduled during non-work hours, no compensation is provided to employees who attend those meetings.
ARTICLE 7: AT-WILL STATUS
Employees in the part-time classification of Transportation Services Operator serve in an at-will appointment and are not part of the City’s classified service. Individuals may be appointed and/or separated from employment at any time with or without cause. There are no appeal rights for at-will employees separated from employment unless provided for by law.
ARTICLE 8: CLASSIFICATION CHANGES
If the City wishes to modify the job description for Transportation Services Operator, it may do so. However, the Association shall have the right (within 10 business days of receiving notice sent to the MBPTEA President and City Employees Associates, of the change of the job description) to request to meet and confer over any terms and conditions of employment related to the change.
ARTICLE 9: WAGES
Salaries will be paid in accordance with the Salary Schedule attached to the MOU as Exhibit A.
Effective January 1, 2022, employees shall receive a base salary increase of 3%.
Effective the first day of the pay period following January 1, 2023, employees shall receive a base salary increase of 3%.
Effective the first day of the pay period following January 1, 2024, employees shall receive a base salary increase of 3%.
Effective the first day of the pay period following January 1, 2025, employees shall receive a base salary increase of 1.5%.
ARTICLE 10: SALARY PLACEMENT AND MOVEMENT THROUGH THE STEP SCHEDULE
New employees are usually hired at Step 1 and remain in that step for one (1) year. Appointment at a step other than Step 1 may be recommended by the supervisor and approved by the Department Head. After one (1) year at Step 1, if an employee has received a satisfactory or Deleted: Effective November 23, 2019,, employees shall
receive two percent (2%) increase to base salary. ¶
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Effective first day of the pay period following January 1, 2020, employees shall receive a one and fifty-six one
hundredths percent (1.56%) increase to base salary. ¶
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Effective first day of the pay period following January 1, 2021, employees shall receive a one and seventy-two one hundredths percent (1.72%) increase to base salary. ¶ Deleted: the A
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better performance evaluation, the supervisor may recommend that the employee be advanced to Step 2. Following one (1) year at Step 2, and a satisfactory or above performance evaluation, an employee may be recommended to advance to the Step 3. Following one (1) year at Step 3, a satisfactory or above performance evaluation, an employee may be recommended to advance to Step 4. If an employee has not worked consistently in the prior evaluation year (less than 450 hours) or has not demonstrated satisfactory performance, the supervisor may recommend delaying the step increase in 6-month increments.
ARTICLE 11: WORK SCHEDULES
Work schedules for part-time employees are assigned at the sole discretion of the department.
The department will strive to ensure anticipated hours for each part -time position have been scheduled prior to assigning additional shifts to employees.
ARTICLE 12: MEAL PERIOD AND REST BREAKS
Employees in the unit shall receive a n unpaid meal period during their shift , provided their scheduled shift is six hours or greater. The meal period will be a minimum of thirty (30) minutes and up to one (1) hour. Employees will be provided paid rest breaks of a minimum of 10 minutes for every four hours scheduled.
ARTICLE 13: STANDBY PAY
To assist the department in ensuring the availability of a part -time Transportation Services Operator to respond to a call in to work, the department may assign a part -time Transportation Services Operator to daily stand -by for a 24-hour period. Standby ti me is not considered time worked. Employees assigned to daily standby will be compensated at the daily rate of standby pay as $35.71 per day.
Daily standby is a consecutive 24 -hour period that aligns with a calendar day. Daily standby is only assigned on weekends. If an employee is called in to work from standby, the employee shall be paid from the time they get the call to the time they leave the City following the completion of the work requiring them to be called back.
The supervisor and department head, who determines that daily standby duty is necessary, shall first seek “standby” individuals by means of a voluntary sign up list. If an insufficient number of employees volunteer for standby duty, then the supervisor shall assign the appropriate number of employees to such status. Such assignment shall be on an equitable rotation basis.
Employees on “standby” status shall be required, at all times, to carry a functioning cell phone and be able to respon d to the City work location within thirty ( 30) minutes of being called.
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drinking alcohol or taking any substance that would inhibit their ability to drive in a safe and legal manner. The Department may establish additional guidelines for employees on standby.
ARTICLE 14: OVERTIME
Overtime shall mean that time an employee is required to work in excess of forty (40) hours per defined 7-day workweek. Computation of the 40-hour week shall not include any leave time. All approval for overtime must be authorized prior to working said overtime, except in emergency situations. Employees required to work more than forty (40) hours in a workweek shall receive overtime pay at one and one-half (1-1/2) times their regular rate of pay.
ARTICLE 15: UNIFORMS
The Department will provide work shirts/t-shirts for part-time Transportation Services Operators upon hire and will supplement/replace shirts as -needed. The Department may provide a jacket and/or cap for employees to wear while on-duty.
ARTICLE 16: SICK LEAVE
The City will provide sick leave and permit use of sick leave as required by law.
ARTICLE 17: HEALTH INSURANCE
The City will offer medical insurance coverage as required by law.
ARTICLE 18: RETIREMENT
Employees are enrolled in the PARS defined contribution retirement program. Employees contribute seven percent (7%) toward their retirement fund.
For Employees who qualify for enrollment in CalPERS, the following applies:
For unit members hired prior to January 1, 2013 as well as employees hired after January 1, 2013 who are not “new members” as defined by the Pension Reform Act of 2013 (i.e., they are classic members), they are responsible for paying the seven percent (7%) employee contribution to the 2% @ age 55 benefit which the City contracts for with CalPERS through a payroll deduction.
For unit members defined as “new members” under the Pension Reform Act of 2013 hired after January 1, 2013, such employees will pay the higher of seven percent (7%) or one half of the normal cost as identified annually with the CalPERS valuation provided to the City as their employee retirement contribution. If one half the normal cost rate is below Deleted: 3
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seven percent (7%), the remaining contribution up to seven percent (7%) is made per Government Code section 20516(f).
The City contracts with CalPERS for the One -Year Final Compensation option (Government Code Section 20042). For unit members defined as “new members” under the Pension Reform Act of 2013 hired after January 1, 2013, such employees’ final compensation will be based on the highest annual average pensionable compensation during the three (3) consecutive years of employment immediately preceding the effective date of his or her retirement or any other three (3) consecutive year period chosen by the employee per Government Code section 7522.32(a).
The retirement formula provided to employees hir ed before January 1, 2013 as well as those employees hired after January 1, 2013 who are not defined as “new members” per the Pension Reform Act of 2013 is the 2% @ age 55 benefit. For unit members defined as “new members” under the Pension Reform Act of 2013 hired after January 1, 2013, such employees’ are provided the 2% @ age 62 benefit provided for in the Public Employees’ Retirement Law per Government Code section 7522.20(a).
ARTICLE 19: GRIEVANCE PROCEDURE
1. The purpose of Grievance Procedures:
(a) To promote Employer -Employee relations by establishing procedures on grievance matters.
(b) To provide that grievances shall be settled as near as possible to the point of origin.
(c) To provide that the grievance procedures shall be as informal as possible.
2. A "grievance" raised by the MBPTEA or employee must pertain to one of the following:
(a) Any matter involving the interpretation of any provision of this MOU; or (b) Any matter involving the violations of any provision or intent of this MOU; or (c) Any matter involving the interpretation or application of the Personnel Rules and Regulations of the City.
3. Grievances must be submitted within the proper time frames in order to be considered.
4. There shall be an earnest effort on the part of both parties to settle grievances promptly through the steps listed below:
Step 1: An employee's grievance must be submitted orally or in writing to their Department Head within fourteen (14) calendar days after the event giving rise to the grievance. The Department Head will give their answer to the employee Deleted: 8
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by the end of the seventh (7th) calendar day following the presentation of the grievance and the giving of such answer will terminate Step 1.
Step 2: If the grievance is not resolved at Step 1, the grievance will be reduced to writing, fully stating the facts surrounding the grievance and detailing the specific provisions of this MOU and/or Personnel Rules and Regulations alleged to have been violated, signed, and dated by the employee or MBPTEA Representative and presented to the Human Resources Director or designee within five (5) working days after termination of Step 1. A meeting with the employee, MBPTEA Representative (if the employee chooses) and the Human Resources Director or designee shall be arranged at the request of the employee. The meeting will be held at a mutually agreeable location and time to review and discuss the grievance. Such meeting will take place within ten (10) working days after the request is made for a meeting following the termination of Step 1. The Human Resources Director or designee may invite other members of Management to be present at such meetings. A written reply shall be given to the employee and/or MBPTEA by t he end of the seventh (7th) working day from the date of such meeting. The Human Resources Director’s decision is final and concludes the grievance procedure.
5. Time limits as set forth above may be extended by mutual agreement between the parties, but neither party shall be required to so agree.
6. It is not intended that the grievance procedure be used to effect changes to compensation and/or benefits.
7. An employee, during their working hours, may participate in meetings to resolve grievances w ithout the loss of compensation. When meetings are held outside of the employees scheduled work hours, no additional compensation will be provided to the employee. An employee must notify their supervisor at least three (3) work days prior to any meeting so that coverage for the time away from the shift can be covered. Should shift coverage not be available, the parties agree to reschedule the meeting to a time when shift coverage can be accommodated.
8. The grievance procedure is the sole and exclus ive method to challenge an alleged violation of the MOU and/or Personnel Rules and Regulations.
ARTICLE 20: MAINTENANCE OF MEMBERSHIP AND DUES DEDUCTION
Any employee in this unit who has authorized Association dues deductions on the effective date of this MOU or at any time subsequent to the effective date of this MOU shall continue to have such dues deductions made by the City during the term of this MOU: provided however, that any Deleted: his/her
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employee in the unit may terminate such Association dues during th e first ten (10) days of January by notifying the Association in writing of their termination of Association dues deduction.
Such notification shall be delivered in person or by U.S. mail and should be in the form of a letter containing the followin g information: employee name, employee number, job classification, department name and name of the association from which dues deductions are to be canceled.
The Association will provide the City’s Human Resources Department with the appropriate documentation to process these dues cancellations within ten (10) business days after the close of the withdrawal period.
The Association shall provide full protection to the City by indemnifying, defending and holding the City harmless from and against all claims and liabilities as a result of deducting dues from employees who have authorized the deduction.
ARTICLE 21: DIRECT DEPOSIT
Employees shall receive their bi-weekly compensation through the City's direct deposit program.
ARTICLE 22: CITY GYM
Employees who complete the City provided waiver and comply with City rules regarding the use of the City gym, may use the City gym subject to restrictions (including access to the gym) set forth by the Police Department.
ARTICLE 23: DEFERRED COMPENSATION (457 PLAN)
Employees may voluntarily elect to participate in the City’s 457 deferred compensation plan at their own expense. No City contribution will be made for voluntary participation.
ARTICLE 24: LABOR MANAGEMENT COMMITTEE
The parties agree that regular meetings to explore mutual problems and issues will be beneficial to the relationship between the City and Association. The parties agree to meet on an as needed basis but not more often than quarterly. The purpose of the meetings is to exchange information and to solv e problems. The parties agree that such meetings shall not be negotiations and therefore the results of the meetings shall not be binding on the parties unless they develop and execute a document that memorializes their results or reach agreements they wis h to memorialize.
ARTICLE 25: FULL AND COMPLETE UNDERSTANDING
This Memorandum of Understanding represents the full and complete understanding between the parties related to the subject matter set forth herein.
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This MOU was ratified by the Manhattan Bea ch Part -Time Employee s Association and then approved by the City Council of the City of Manhattan Beach on March __, 2022.
MBPTEA CITY OF MANHATTAN BEACH
BY: __________________________________ BY: _____________________________ Eddie Ramos Lisa Jenkins
President, MBPTEA Human Resources Director
BY: __________________________________ BY: ______________________________ Vicky Barker Stephanie Swofford
Chief Negotiator, MBPTEA Human Resources Manager
City Employees Association
BY: _____________________________
Peter Brown
Chief Negotiator
Liebert Cassidy Whitmore
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EXHIBIT A – SALARY SCHEDULE
Deleted: MBPTEA – Hourly (Effective November 23, 2019)...