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Home My WebLink AboutMEA MOU July 1 2007 through Dec 31 2009 - Side Letter - Police DispatchersSIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION, SEIU LOCAL 221 AND THE CITY OF NATIONAL CITY WORK HOURS/LUNCH BREAKS FOR POLICE DISPATCHERS Effective upon Council approval of this side letter, the City shall adjust the work schedules and meal periods of Police Dispatchers represented by the National City Municipal Employees' Association (NCMEA). This side letter will serve both as a supplement to Article 24 of the Memorandum of Understanding (MOU) and as the controlling document for issues related to work schedules and meal periods for Police Dispatchers. Employees in positions that will experience a schedule change will be notified no later than 10 working days before the new schedule as called for by the current MOU. The City, MEA, and SEIU Local 221 understand that there are aspects of work schedule changes that cannot be fully anticipated, and that the parties may need to utilize labor management meetings to discuss unforeseen circumstances should they arise. ARTICLE 24: Work Day, Work Week, Pay Period, and Pay Day Section 1: Work Day Call-back and on -call time are excluded from the computation of the hours paid for the purposes of overtime. All work days exceeding five (5) hours length shall include at least a 30-minute period for lunch break without pay with the exception of Police Dispatchers. A maximum of fifteen (15) minutes paid time for rest shall be provided for each four (4) consecutive hours work and may be taken as assigned by the employee's supervisor. Police Dispatchers shall work four (4) ten (10) hour days per week, including two (2) 15 minute rest periods. and one-half (1/2) hour paid lunch break. 1) Every effort will be made to have Police Dispatchers receive their paid meal breaks (30 minute break) as time circumstances permits but there is no guarantee. Employees are subject to call back from breaks during emergencies and/or when the volume of activity requires additional such staffing. 2) Employees shall not combine two or more beak (rest periods (and/or lunch) into one rest period, except as approved by the unit's sworn supervisor or Chief of Police during non -routine and/or unexpected circumstances. 3) Employees shall not save rest / meal periods to justify shortened work days. 1(" lv ��. RESOLUTION NO. 2009 — 254 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY RATIFYING A SIDE LETTER TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION ADJUSTING THE WORK SCHEDULE AND BREAKS FOR POLICE DISPATCHERS WHEREAS, on July 17, 2007, the City Council adopted Resolution 2009-171 ratifying the wages, hours, and other terms and conditions of employment reached through a meet and confer process between the City and the National City Municipal Employees' Association ("MEA"), and authorized the City Manager to enter into a Memorandum of Understanding ("MOU") with the MEA for the period of January 1, 2007 through December 31, 2009; and WHEREAS, Article 24 of the MOU specifies that MEA represented employees working more than five (5) hours in a workday shall receive at least a 30-minute unpaid lunch break; and WHEREAS, a series of meet and confer discussions have been held with the MEA related to the impact of Article 24 on the Police Dispatchers; and WHEREAS, because Police Dispatchers are frequently called back to duty during lunch and rest periods, the City and the MEA have agreed to side letter language (attached hereto as Exhibit "A")through which Police Dispatchers will receive a 30-minute paid lunch break, which will be accomplished by the actual workday for each shift being ten (10) hours instead of ten and one-half (10.5) or eleven (11) hours. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby ratifies a Side Letter to the Memorandum of Understanding between the City and the National City Municipal Employees' Association, adjusting the Work Schedule and Breaks for Police Dispatchers. PASSED and ADOPTED this 20th day of Octobe009. Ron Morrison, Mayor ATTEST: 4 Mi hael R. Della, ty Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney SIDE LETTER TO MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY MUNICIPAL EMPLOYEES' ASSOCIATION, SEIU LOCAL 221 AND THE CITY OF NATIONAL CITY WORK HOURS/LUNCH BREAKS FOR POLICE DISPATCHERS Effective upon Council approval of this side letter, the City shall adjust the work schedules and meal periods of Police Dispatchers represented by the National City Municipal Employees' Association (NCMEA). This side letter will serve both as a supplement to Article 24 of the Memorandum of Understanding (MOIJ) and as the controlling document for issues related to work schedules and meal periods for Police Dispatchers. Employees in positions that will experience a schedule change will be notified no later than 10 working days before the new schedule as called for by the current MOU. The City, MEA, and SEIU Local 221 understand that there are aspects of work schedule changes that cannot be fully anticipated, and that the parties may need to utilize labor management meetings to discuss unforeseen circumstances should they arise. ARTICLE 24: Work Day, Work Week, Pay Period, and Pay Day Section 1: Work Day Call-back and on -call time are excluded from the computation of the hours paid for the purposes of overtime. All work days exceeding five (5) hours length shall include at least a 30-minute period for lunch break without pay with the exception of Police Dispatchers. A maximum of fifteen (15) minutes paid time for rest shall be provided for each four (4) consecutive hours work and may be taken as assigned by the employee's supervisor. Police Dispatchers shall work four (4) ten (10) hour days per week, including two (2) 15 minute rest periods, and one-half (1/2) hour paid lunch break. 1) Every effort will be made to have Police Dispatchers receive their paid meal breaks (30 minute break) as circumstances permit but there is no guarantee. Employees are subject to call back from breaks during emergencies and/or when the volume of activity requires such staffing. 2) Employees shall not combine two or more rest periods into one rest period, except as approved by the unit's sworn supervisor or Chief of Police during non -routine and/or unexpected circumstances. 3) Employees shall not save rest / meal periods to justify shortened work days. EXHIBIT "A" Passed and adopted by the Council of the City of National City, California, on October 20, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City erk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-254 of the City of National City, California, passed and adopted by the Council of said City on October 20, 2009. City Clerk of the City of National City, California By: Deputy c'doo't-33 City of National City, California COUNCIL AGENDA STATEMENT MEETING DATE5 10-20-09 AGENDA ITEM NO. 22 ITEM TITLE Resolution of the City Council of the City of National City Ratifying a Side Letter to the Memorandum of Understanding bet een the City and the National City Municipal Employees' Association, Adjusting the Work Schedu - ,nd B eaks for Police Dispatchers. PREPARED B DEPARTMENT Stacey Stevenso G 1:) Human Resources Director EXPLANATION On July 17, 2007, the City Council approved a Resolution ratifying the wages, hours, and other terms and conditions of employment reached through a meet and confer process between the City of National City (City) and the National City Municipal Employees' Association (MEA). The action authorized the City Manager to enter into a Memorandum of Understanding (MOU) with MEA for the period January 1, 2007 through December 31, 2009. Article 24 of the MOU specifies that MEA represented employees working more than five (5) hours in a workday shall receive at least a 30 minute period for a lunch break, without pay. The starting and ending hours of the workday are adjusted to account for this provision. For example, full-time employees typically begin the workday at 7:00 a.m. and end the workday at 6:00 p.m. The eleven (11) hour span includes a one hour unpaid lunch break, resulting in a ten (10) hour compensable work day. At the initiation of the Police Department, in recognition of internal logistical considerations, a series of meet and confer discussions have been held with the MEA related to the impact of Article 24 on the Police Dispatch unit. Given the critical nature and unpredictability of Police Dispatch as well as current staffing levels, Police Dispatchers are frequently called back to duty during lunch and rest breaks. As an outcome, both parties have agreed to side letter language (attached) through which Police Dispatchers will receive a 30 minute paid lunch break. To accomplish this, the actual workday for each shift will be ten (10) hours instead of ten and one-half (10 1/2) or eleven (11) hours. This change does not effect compensation. Environmental Review ✓ N/A Financial Statement N/A Account No l STAFF RECOMMENDATION Recommend approval of resolution. BOARD / COMMISSION RECOMMENDATION N/A ATTACHMENTS ( Listed Below ) 1. Resolution Resolution No. a00°\• �,C.="y 2. Side Letter to Memorandum of Understanding between the City of National City Municipal Employees' Association, SEIU Local 221 and the City of National City, Work Hours/Lunch Breaks for Police Dispatchers. A-200 (9/80) i