OPOA MOU ARBITRATION

1
OPOA MOU ARBITRATION
2
BACKGROUND

• Negotiations
• Arbitration
• Mediation

3
CITY PROPOSALS
4
BENEFICIAL PAST PRACTICES

• No modifications without the express written
  approval of the City Administrator .
• Eliminate all existing practices and policies
  protection and City may discontinue at any time
  with notice but no obligation to meet and confer

5
MANAGEMENT RIGHTS

• City to have management right to
• Recruit, hire, transfer, promote and assign
  personnel
• Establish and from time to time alter shift
  schedules and assignments
• Deploy and redeploy officers as is required to
  meet service requirements
• Determine methods, means, deployment, and both
  the level and number of personnel necessary for
  departmental operations
• (others not cited here)
• OPOA has no right to meet and confer (impact
  bargaining only)
• City can implement at any time.

6
CIVILIANIZATION

• The Chief may assign work to non-sworn where not
  required to be performed by a peace officer so
  long as no layoffs or the elimination of
  position. Meet and confer rights
• OPOA must identify safety impact and Department
  decides on impact.
• Arbitration on how to address safety issue.

7
INTEREST ARBITRATION DURING LIFE OF CONTRACT

• The Department may modify, rescind or reissue any
  General Order, policy, regulation, practice at
  any time, subject to notice.
• The City will meet and confer over any change
  within the within the mandatory scope of
  bargaining. If no agreement, submitted to
  mediation.
• No arbitration of disputes during MOU term.

8
IMMEDIATE DISPUTE RESOLUTION

• Reduced time lines and eliminated automatic stay
  provisions.

9
TRANSFER POLICY

• The City has the right to promulgate a transfer
  policy which it may change from time to time
  during the term of this agreement.
• Eliminates all existing provisions in the MOU
  regarding transfers, loans and notice and gives
  City authority exclusive right to change work
  schedules based on functional needs of the City.

10
PROMOTIONAL MOU

• City reserves right to submit proposal if no
  agreement was reached.

11
SALARY

• January 1, 2007
• four percent (4).
• January 1, 2008,
• CPI formula 2 - 4
• January 1, 2009,
• CPI formula 2 - 4

12
SHIFT DIFFERENTIAL/12 HOURS

• Status Quo

13
COMP TIME

• Comp time for work offered as either comp time or
  pay.
• Reduce comp time to 240 hours.
• Eliminate annual 8 hour comp time contribution.

14
LONGEVITY PAY MASTER OFFICER

• Agreed to separate check for longevity

15
UNIFORM ALLOWANCE AND INITIAL UNIFORM ALLOWANCE

• No change for initial payment
• Annual - 810, 20/yr

16
LINE UP TIME

• City will not agree to term confirming payment of
  differential to PF retirees.

17
VACATION ACCRUAL

• Vacation accrual converted from days to hours
• Accrued on bi-weekly basis.
• Reduced 15 days to 10 days for years of service
  from 1 - 4
• Eighty hours (80 hours) per year through the
  first four (4) years of service.

18
SICK LEAVE

• Accrual rate of 3.69 hours per pay period up to a
  maximum of ninety-six hours per year.
• Accrual not o exceed four hundred eighty hours.
• Credit of four hundred eighty hours for the
  equivalent of five years with a reduction for any
  actual sick leave used.

19
UNION RELEASE TIME

• No compensation for members conducting
  Association business.
• Association president to be granted one thousand
  hours of release time.
• No employee to use City equipment including
  vehicles for Association business.

20
HOLIDAY PAY

• Employees working on holidays receive time and a
  half.
• Holiday pay calculated at the equivalent of eight
  hours of straight time.
• Members in non-patrol assignments do not have
  right to work on holidays and will be determined
  by supervisor.

21
GASB REOPENER

• Either side may reopen contract for all issues to
  address unfunded liability, future liability and
  the associated and underlying payment for other
  post-employment benefits.

22
HEALTH INSURANCE

• Effective January 1, 2007, employer maximum
  contributions for health care will be as follows
• Single coverage 431.17
• Two party 862.34
• Family 1,121.04
• All increases in health care will be paid by
  employee.

23
DENTAL INSURANCE

• All OPOA members to be enrolled in Citys dental
  plan.

24
RETROACTIVITY/DURATION

• Benefits retroactive to January 1, 2007.
• Term 3 ½ years.

25
NOTICE OF INTENDED DECISION
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BENEFICIAL PAST PRACTICES

• Firefighter language to be included in MOU.
• Expedited arbitration to be included as part of
  the IDR process.
• City retains functional needs and current
  rights in MOU.
• Disputes over deployment and scheduling remain
  subject to grievance and arbitration.
• POA can seek immediate stay from arbitrator.
• Arbitrator can issue temporary cease and desist
  order on showing of irreparable harm and
  inadequacy of grievance remedy.

27
MANAGEMENT RIGHTS

• Management rights provision of firefighter MOU
  included in OPOA MOU.

28
CIVILIANIZATION

• Chief has authority to civilianize non-sworn
  positions.
• Reassignment to non-sworn permitted provided no
  adverse impact on officer safety
• Cannot be any layoffs of sworn officers.
• Disputes subject to expedited arbitration.
• Radio room and desk officer position are subject
  to IDR and no implementation without exhaustion
  of IDR process.
• Two calendar weeks notice prior to any
  civilianization by Chief.

29
INTEREST ARBITRATION DURING TERM OF MOU

• OPOA retains rights under Section 910 of the
  Charter.

30
IMMEDIATE DISPUTE RESOLUTION

• Firefighter language to be included in MOU.
• Thirty days for labor management discussions to
  resolve disputes.
• POA has fifteen days to invoke IDR and select
  arbitrator.
• Forty-five additional days to hold hearing,
  limited to one day.
• Arbitrator decision must be issued within that
  time period.
• Parties to develop permanent panel of four
  arbitrators to reserve advance dates of quarterly
  basis.
• Arbitrator will be available to issue cease and
  desist orders.

31
TRANSFER POLICY AND PROMOTIONAL MOU

• Will be attached to MOU and subject to ongoing
  negotiations by parties.

32
SHIFT SCHEDULING

• Status quo for all non-patrol shifts.
• CRT and PSOs status quo with confirmation of
  6.25 flex pay.
• CID status quo.
• Department seeks to schedule weekends.
• Must be set at time of annual draw.
• No permanent change in patrol shifts accept at
  annual draw.
• Power shifts of 100 p.m. and 300 p.m. may be
  subject to flex by moving start times ahead by
  three hours.
• Must be given at least two weeks notice.
• Minimum of fourteen days flex.
• Maximum of sixty days at any one flex period with
  a total of not more than one hundred twenty days
  per year.
• Can only be flexed three times per year.

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SHIFT SCHEDULING

• Officers will receive 5 premium for an entire
  shift when flexed.
• No loss of differential or premiums when flexed.
• Shift scheduling dispute subject to grievance
  procedure.
• Lieutenants will not receive acting captains pay
  for district policing.
• Within thirty days, labor management committee
  established to deal with eight hours rests
  between shifts and maximum of sixteen hour
  workdays.
• If all issues not resolved within sixty days,
  arbitrator decides.

34
COMP TIME

• Comp time will be capped at three hundred hours.
• Buy down to three hundred hours will occur with
  no more than two hundred hours per year.
• City retains right to buy down to ninety-six
  hours.
• Special events will continue to be paid with
  overtime.
• City has right to identify types of work to be
  subject to overtime or comp time.
• City must identify particular categories or
  types of work to be subject to cash payment
  based on budgetary and fiscal soundness.
• List must be provided to OPOA by July 1, 2008.

35
VACATION

• Status quo accruals.
• Vacation will accrue on a bi-weekly basis.
• Academy cadets will not be required to use
  vacation before assuming regular duties.

36
SICK LEAVE

• Status quo until July 1, 2008.
• Conversion to sick leave accrual.
• Members will accrue ninety-six hours of sick
  leave per year with four hundred eighty hour cap.
• City and OPOA to develop sick leave incentive/buy
  out/conversion program.
• Parties to consider additional hours over the
  four hundred eighty hour cap, cash conversion,
  or conversion at retirement to medical trust.

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IA PREMIUM PAY

• City withdraw proposals.

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LONGEVITY PAY

• OPOA withdraws proposal

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LINE UP PAY AND RETIREMENT CALCULATIONS

• Confirmation of OPOA proposal to confirm shift
  differential to be included in P F of retirees
  calculations in lieu of line up pay.
• Confirmation that not within scope.

40
UNION RELEASE TIME

• OPOA President to retain full release time.
• Fifty days time bank for OPOA representatives to
  attend educational and training seminars.

41
HOLIDAYS

• Holiday pay equals hours scheduled during the pay
  period at the straight time rate. Paid whether
  worked or not.
• If worked on a holiday, paid at the overtime rate
  of one and a half in addition to straight time
  holiday pay.
• If holiday scheduled on regular day off, employer
  determines if and when employee will work on
  holiday.
• Employees requested to work on a holiday out of
  unit will be subject to overtime bid process by
  seniority.
• No Cesar Chavez holiday pay.
• OPOA retains floating holiday eight hour comp
  time annual contribution.

42
GASB REOPENER

• POA to participate in discussions with other City
  employees.
• No changes which would effect compensation during
  term of MOU unless agreed to by parties.
• If parties do not agree to any GASB-related
  proposals, the matter will be subject to interest
  arbitration.
• Interest arbitration to be set no later than
  September 30, 2010 to be included in interest
  arbitration for current MOU which expires in June
  2010.

43
HEALTH INSURANCE

• Employer to pay one hundred percent of Kaiser
  rate.
• No change.

44
DENTAL INSURANCE

• Matter becomes a consolidated interest and
  grievance arbitration ruling.
• OPOA will continue to provide dental insurance
  and with verification by Delta Dental, City will
  pay for same benefit level at Citys cost.
• Monies currently held in OPOA trust will stay
  with trust.
• Monies held in escrow by the City will stay with
  the City.
• OPOA withdraws issue of calculation errors and
  related claims.

45
SALARY

• July 1, 2006 2
• January 1, 2007 2
• July 1, 2007 4
• July 1, 2008 4
• July 1, 2009 4

46
UNIFORM ALLOWANCE

• Initial payment increased to 400.
• Uniform allowance increased to 800 effective
  July 1, 2008.

47
POST/EDUCATIONAL PREMIUMS

• Existing POST and education benefits increased by
  0.5 effective July 1, 2008.
• No pyramiding of POST benefits.
• No pyramiding of educational benefits.

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NEW RATES FOR POST AND EDUCATIONAL INCENTIVES

• Intermediate POST Certificate 1.5
• Advanced POST Certificate 4.5
• Educational Premiums
• Associate of Arts Degree 1.5
• Bachelors Degree 4.5
• Masters Degree 5.5
• Effective July 1, 2008

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RETENTION OF JURISDICTION

• Arbitrator retains jurisdiction to resolve to
  issues concerning
• Drafting of new MOU language.
• Transfer policy and promotional MOU disputes.
• Implementation of retroactivity award.
• Rest period and limitation of hours on shifts for
  twelve-hour shift plan.
• Sick leave conversion cash out program.