AGENDA ITEM NO. AGENDA ITEM NO. 2.f REPORT TO MAYOR AND COUNCIL TO THE HONORABLE MAYOR AND COUNCIL: DATE: July 23, 2013 SUBJECT: SIDE LETTER OF AGREEMENT AMENDING UNIFORM PROVISIONS IN MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CONCORD AND TEAMSTERS LOCAL NO. 856 Report in Brief City staff and Teamsters Local 856 representatives have worked together to revise the City s Uniform and Work Clothing Policy. Staff recommends adopting Resolution No. 13-4735.13 approving a Side Letter of Agreement regarding Uniforms, which amends the July 1, 2010 Memorandum of Understanding between the City of Concord and Teamsters Local Union No. 856. Background The City of Concord currently provides Teamsters employees with various items of work attire including shirts, sweatshirts, jackets, raingear and coveralls. In addition, Field and Operations Representation unit employees are eligible to receive a reimbursement of $240 per year for work pants. Employees assigned to the Community Service Officer and Crime Scene Technician classes receive an annual clothing allowance of $650 and are responsible for purchasing their uniforms. At an initial September 13, 2012 meet and confer on this subject, the City and Teamsters agreed to resolve ongoing uniform procurement issues through a new uniform policy and procedure. Meetings between the City and Teamsters continued, and on June 27, 2013 following a vote by the membership, an agreement was reached on a new uniform policy. Discussion In an effort to foster harmonious employer-employee relations, City management agreed to provide Teamsters membership with a $240 annual work pant stipend as a part of new uniform policy. The work pant stipend was in exchange for the annual $240 reimbursement currently available to Teamster Field & Operations membership. An additional component of the new uniform policy is that Building and Construction Inspectors and employees assigned to the Code Enforcement Officer classification receive a $350 annual clothing allowance in lieu of a work pant reimbursement/stipend and provision of uniforms.
SIDE LETTER OF AGREEMENT AMENDING UNIFORM PROVISIONS IN MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CONCORD AND TEAMSTERS LOCAL NO. 856 July 23, 2013 Page 2 An executed Side Letter of Agreement and revisions to Article 22 of the MOU between the Teamsters and the City outlining these changes are included as Attachments 1, 2 and 3. The revisions mutually benefit both Teamsters membership and the City. These modifications include: 1. Revisions to Section 22 of the MOU which, among other things, includes: a. Conversion of $240 work pant reimbursement to a $240 annual pant stipend for Field and Operations. b. Conversion of work pant stipend and provision of uniforms to a $350 annual clothing allowance for Building and Construction Inspectors and employees assigned to the Code Enforcement Officer classification. c. Reflection of current annual allowance for employees assigned to the Community Service Officer and Crime Scene Technician classes at $650. 2. Implementation of a new uniform policy in Public Works which, among other things, includes: a. Establishment of a uniform policy purpose emphasizing: professional appearance; worker safety; and the ability for the community to easily identify Public Works employees as they conduct their daily business. b. Enforcement of safety standards by making uniforms OSHA compliant. c. Elimination of tank-top shirts and requirement for uniforms to be clean and in good repair. d. Requirement to wear city issued shirts beneath removable sweatshirts and jackets and requirements on type/color of pants to be worn. e. If hats are to be worn, requirement that feature a City hat with logo or a plain dark navy or black hat without logos. f. Prohibition on giving away uniforms. Staff believes that annual stipends/allowances will provide efficiencies in City processes and eliminate out-of-pocket expenses for employees. Additionally, staff feels that the new uniform policy
SIDE LETTER OF AGREEMENT AMENDING UNIFORM PROVISIONS IN MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CONCORD AND TEAMSTERS LOCAL NO. 856 July 23, 2013 Page 3 will place an emphasis on worker safety by enforcing Cal/OSHA requirements and improve professional appearance and worker identification through the use of employee first names and uniform colors and styles of work attire. Fiscal Impact The uniform policy changes have minimal fiscal impact. Teamsters members are currently eligible to receive a reimbursement of $240 per year for work pants. Total pant reimbursements averaged $8,900 over the last three fiscal years. The difference between actual reimbursement costs and the new stipend is $5,500, an amount which can be absorbed in the Public Works Department s adopted budget. Similarly, the costs for Building and Construction Inspectors and employees assigned to the Code Enforcement Officer classification, who will receive a $350 annual clothing allowance in lieu of a pant reimbursement/stipend and provision of uniforms, will also be absorbed in the Community and Economic Development Department s and the Police Department s, respectively, adopted budgets. With regard to Community Service Officer and Crime Scene Technician classes, the annual clothing allowance is currently $650; the MOU modification simply reflects current expenditures and there is no financial impact. Public Contact The City Council agenda has been posted. Recommendation for Action Staff recommends adopting a resolution approving a Side Letter of Agreement regarding Uniforms, which amends the July 1, 2010 Memorandum of Understanding between the City of Concord and Teamsters Local Union No. 856. Valerie J. Barone City Manager valerie.barone@cityofconcord.org Prepared by: Justin Ezell Director of Public Works justin.ezell@cityofconcord.org Reviewed by: Kathy Ito Director of Human Resources kathy.ito@cityofconcord.org Reviewed by: Mark Coon City Attorney mark.coon@cityofconcord.org Attachment 1 Resolution No. 13-4735.13 with attached Side Letter of Agreement Attachment 2 Changes to Article 22 of the Memorandum of Understanding Attachment 3 Public Works Uniform Policy
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ATTACHMENT 1 1 2 BEFORE THE CITY COUNCIL OF THE CITY OF CONCORD COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA 3 4 5 6 A Resolution Approving Side Letter of Agreement Regarding Uniforms Amending the Memorandum of Understanding Between the City of Concord and Teamsters Local Union No. 856 Resolution No. 13-4735.13 / 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WHEREAS, a show of hands vote regarding revisions to certain uniform provisions of the Memorandum of Understanding between the City and Teamsters Local Union No. 856 was conducted on June 27, 2013; and WHEREAS, Teamsters Local Union No. 856 approved by majority vote proposed changes to the Memorandum of Understanding related to uniforms; and WHEREAS, representatives of the City and Teamsters Local Union No. 856 have mutually agreed to a Side Letter of Agreement implementing said Memorandum of Understanding changes. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CONCORD DOES RESOLVE AS FOLLOWS: Section 1. Adopts a resolution approving the Side Letter of Agreement regarding Uniforms, attached hereto as Exhibit A and made a part hereof, which amends the July 1, 2010 Memorandum of Understanding between the City of Concord and Teamsters Local Union No. 856. Section 2. This resolution shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED by the City Council of the City of Concord on July 23, 2013, by the following vote: AYES: Councilmembers - NOES: Councilmembers - ABSTAIN: Councilmembers - ABSENT: Councilmembers - // // Res. No. 13-4735.13 1
1 // 2 3 I HEREBY CERTIFY that the foregoing Resolution No. 13-4735.13 was duly and regularly adopted at a regular meeting of the City Council on July 23, 2013. 4 5 6 Mary Rae Lehman, CMC City Clerk 7 APPROVED AS TO FORM: 8 9 10 11 12 Mark S. Coon City Attorney Exhibit A - Side Letter of Agreement Regarding Uniforms between Teamsters Local Union No. 856 and the City of Concord 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Res. No. 13-4735.13 2
Exhibit A to Resolution No. 13-4735.13 (925) 671-3231 July 1, 2013 Peter Finn Teamsters Local Union No. 856 453 San Mateo Avenue San Bruno, California 94066 RE: UNIFORM SIDE LETTER AGREEMENT Mr. Finn: This Side Letter Agreement (hereinafter Agreement ) is entered into by and between the City of Concord ( City ) and Teamsters Local Union No. 856 (Teamsters), collectively referred to as the the parties. The parties have met and conferred in good faith over the terms of the City s Uniform and Work Clothing Policy, as well as the terms of Article 22 of the Memorandum of Understanding between the City and Teamsters Local 856. In the interest of promoting harmonious labor relations between the parties and to avoid the inconvenience employees might experience by impeding timely uniform procurement, the City and Teamsters agree as follows: 1. Revisions will be made to Section 22 of the MOU which, among other things, includes: a. Conversion of $240 pant reimbursement to a $240annual pant stipend for F&O. b. Conversion of pant stipend and provision of uniforms to a $350 annual clothing allowance for Building and Construction Inspectors and employees assigned to the Code Enforcement Officer classification. c. Reflection of current annual allowance for employees assigned to the Community Service Officer and Crime Scene Technician classes at $650. 2. Annual stipend and allowance checks will be issued in the month of August to employees who have not already received an allowance or reimbursement during Fiscal Year 2012/13 or who have not received a full allowance or reimbursement. a. For F&O, the stipend will cover the delta between whatever has been reimbursed during this fiscal year and $240. b. Annual stipend and allowance checks will be issued in the month of June beginning in Fiscal Year 2013/14. 3. The City will immediately begin the official uniform procurement process for F&O and complete that process during the month of June of each fiscal year.
4. The Side Letter Agreement supercedes any previous side letters of agreement concerning uniforms and resolves any and all potential claims or grievances related to uniform procurement for Fiscal Year 2011/12 and 2012/13. 5. The parties are fully committed to supporting the uniform policy through timely uniform procurement and adherence to its terms. 6. The parties agree that Article 22 of the MOU is hereby amended to reflect the changes in Attachment A and that the City s Uniform Policy is amended to reflect the changes in Attachment B. The undersigned parties represent that they have read and understand the terms of this Agreement, and that they are authorized to execute this Agreement on behalf of their principles. DATED: July, 2013 TEAMSTERS LOCAL UNION NO. 856 By: Peter Finn, Secretary-Treasurer and Principal Officer DATED: July, 2013 CITY OF CONCORD By: Kathy Ito, Director of Human Resources
ATTACHMENT 2 22.Uniforms and Work Clothes 22.1 Uniforms Except as specified in Paragraph 22.1.2 below. Employees assigned to the following full-time regular positions in: Administrative, Technical & Clerical Representation Unit Construction Inspection Equipment Maintenance Storekeeper and Central Storekeeper Classes The survey crew The technical classes in Traffic Engineering Section Neighborhood Preservations Specialist Field & Operations Representation Unit Facilities Management Parks Maintenance Traffic Safety Street Systems Services Waste Water Collections Units of: the Maintenance Services and Engineering and Transportation Departments; the Willow Pass Park, Diablo Creek Golf Course, and Pavilion Maintenance Units of the Leisure Services Department shall receive at City expense after the City s budget has been adopted for the fiscal year the following basic uniform: Reimbursement up to $175 per fiscal year for work pants, with a $35 per pair maximum payment. This will allow a purchase of a minimum of five pair of work pants per fiscal year. Reimbursements will increase during the term of this contract as follows: Effective July, 2004: $200 per year, $40 per pair maximum Effective July, 2006: $220 per year, $44 per pair maximum Effective July, 2008: $240 per year, $48 per pair maximum All shirts and jackets shall be issued with the employee s first name printed or sewn in a visible location (nicknames that are proper names are acceptable, e.g., Jim for James, Rick for Richard, Beth for Elizabeth). 61
ATTACHMENT 2 Five T-shirts (or three tanks tops as an option available to only employees of the Maintenance Services and Engineering and Transportation Departments.) Five work shirts (short sleeved, or long sleeved, or polo/golf sport shirts). Administrative, Technical & Clerical Representation Unit One field jacket every year if needed. Field & Operations Representation Unit One field jacket every year. 22.1.1 Modifications not involving cost increases which were agreed to by the clothing committee October 1993 shall be implemented per Attachment D. 22.1.2 Maintenance and custody of the above clothing items shall be the responsibility of the employee; however, title shall be vested with the City. 22.1.3 Employees will notify the City when only a partial issue of the annual replacement clothing is needed. When circumstances justify, replacements may be made at a time other than the annual replacement. 62
ATTACHMENT 2 Field & Operations Representation Unit 22.21 Variations to UniformsRefer to Uniform Policy-PW Dept. 22.2.1 In lieu of the basic uniform described in Paragraph 22.1, a clothing rental and laundry service which provides coveralls daily shall be provided to full-time employees occupying regular positions in the Equipment Maintenance Section and the Golf Course Equipment Mechanic. 22.2.2 In addition to the basic uniform described in Paragraph 22.1, fulltime employees occupying regular positions in the following sections or classes shall receive and maintain coveralls as specified below: 22.2.2.1 Irrigation Section and Tree Crew two per year. 22.2.2.2 Traffic Signal Maintenance one per year. 22.2.2.3 Maintenance Carpenter, Maintenance Electrician, Maintenance Utility Mechanic, and the Maintenance Workers assigned to the Building & Lands Unit one per year. 22.2.2.4 Employees regularly assigned to operate the Vac All two per year. 22.2.2.5 Employees regularly assigned to duty in sewer maintenance and others with similar working conditions. 22.2.3 Full-time garage employees occupying regular positions shall be issued field jackets annually. 22.2.4 Full-time Maintenance Painters occupying regular positions shall be issued five (5) pairs of painter whites per year. 22.3 Personal protective clothing consisting of the following items may, as needed, be provided to full-time employees occupying regular positions at City expense by the Department Head upon recommendation of the supervisor: 22.3.1 Rain gear, including raincoat with hood or hat and galoshes or rain boots. 22.3.2 Disposable coveralls. 22.3.3 One sweat shirt per year. 63
ATTACHMENT 2 Administrative, Technical, and Clerical Representation Unit 22.42 The City shall provide to employees assigned to the any of the following items at the request of a full-time Building Inspector, Electrical Inspector, Mechanical Inspector, or and Construction Inspector classes an annual clothing allowance of $350. Such allowance may be paid in semi-annual installments during a fiscal year. The purpose of this allowance is for a uniform as designated by the Director of Community and Economic Development. The wearing and use of such uniform shall conform to the Uniform Policy set by the Director of Community and Economic Development. occupying regular positions: One pair of coveralls, a rain jacket, one pair of galoshes, and one sweat shirt per year. Incumbents in these Inspection classes shall also be entitled to five trousers per year upon request. Maintenance and custody of these clothing items shall be the responsibility of the employee; however, title shall be vested with the City. Replacement of these items may be made when the circumstances justify. 22.3 The City shall provide to employees assigned to the Code Enforcement Officer classification and annual clothing allowance of $350. Such allowance may be paid in semi-annual installments during a fiscal year. The purpose of this allowance is for a uniform as designated by the Chief of Police. The wearing and use of such uniform shall conform to the Uniform Policy set by the Chief of Police. 22.5 Those employees in the Senior Offset Duplicating Machine Operator and Offset Duplicating Machine Operator classes, may request that a protective smock be provided if needed. 22.64 The City shall provide to employees assigned to the Community Service Officer and Crime Scene Technician classes an annual clothing allowance of $550 $650. Such allowance may be paid in semi-annual installments during a fiscal year. The purpose of this allowance is for a uniform to be as designated by the Chief of Police. The wearing and use of such uniform shall conform to the Uniform Policy set by the Chief of Police. If sworn officers within the Peace Officer Representation Unit receive an increase in their Uniform Allowance effective in Fiscal Year 2000-01, that same amount shall also be granted to full-time regular employees in the Community Service Officer and Crime Scene Technician classes effective at the same time during that Fiscal Year. 22.5 Rain gear and coveralls will be issued as needed in accordance with current OSHA guidelines. 22.76 The City may designate store(s) where all or part of the clothing items are to be secured. The quality, style, and color of all items are to be at the discretion of the City. Authorized employees who are to be provided these specific clothing items at City expense shall visit the designated store(s) and initiate transaction on their own off-duty time within five days of being notified to do so by their supervisor to secure such garments that fit properly.
ATTACHMENT 2 22.7 All shirts and jackets shall be issued with the employee s first name printed or sewn in a visible location (nicknames that are proper names are acceptable, e.g., Jim for James, Rick for Richard, Beth for Elizabeth). 22.8 Employees provided City uniforms shall wear the uniforms at all times during the employee's regular working hours unless otherwise directed by the employee's immediate supervisor. Other articles referred to in this Section shall be worn as directed by the supervisor. 22.9 City uniforms may be worn directly to and from work. Employees may use locker facilities to change into City uniforms when such facilities are in the area in which they normally report for work. If locker facilities are used, uniforms may be changed before and after normal working hours, or during authorized clean-up time; however, employees are to be in uniform at the normal working time. 22.10 The City uniform is not to be worn except when on duty or reporting to or from duty in the service of the City of Concord. 64 22.11 Employees called for emergency work are not required to change into the City uniform prior to reporting for emergency work. 22.12 The City uniform is to be given the same protective care and consideration as other City property. 22.13 Maintenance and custody of the above clothing items shall be the responsibility of the employee; however, title shall be vested with the City. 22.134 Upon reassignment or termination, the City uniform shall be returned to the issuing department unless otherwise directed by the employee's immediate supervisor.
65 ATTACHMENT 2
UNIFORM POLICY PUBLIC WORKS DEPARTMENT July 23, 2013 I. Purpose City of Concord Public Works employees are required to present a professional image to the public. This policy sets forth clothing guidelines which: a) ensure that requirement; b) promote worker safety; and c) provide a means for the community to easily identify Public Works employees as they conduct their daily business. II. Applicability This policy applies to all permanent City of Concord Public Works Department Employees in the Field and Operations Unit. III. Policy It is the intent of this policy that work attire complements an environment that reflects an efficient, orderly, and professionally operated organization while promoting workforce safety. IV. Procedures A. General Dress Code As a representative of the City, each employee is expected to dress in a manner which promotes a positive, professional image while providing a means for employee identification. He or she shall also be dressed appropriate for his or her activity in compliance with current OSHA requirements. For this reason, all Public Works employee shall comply with the following dress code requirements: 1. Employees who are required to wear uniforms shall wear them while on duty (unless otherwise approved by their supervisor). 2. The City uniform is not to be worn except when on duty or reporting to or from duty in the service of the City of Concord. 3. Employees called for emergency work are not required to change into the City uniform prior to reporting for emergency work. 4. Employees are expected to exercise good judgment in their choice of work clothes. All clothing must be clean, in good repair, and appropriate for the work setting. Public Works Department Uniform Policy Page 1 of 3 Adopted July 23, 2013 Resolution No. 13-4735.13
5. When employees wear coats, shirts, sweatshirts, and jackets they must bear an original City logo (unless otherwise directed or approved by supervisor) and employee first name. This includes wearing a City-issued shirt beneath removable sweatshirts and jackets. 6. Attire which prohibits employees from safely performing their assigned duties is prohibited. 7. Employees shall take proper care of uniforms. The employee is responsible for any loss or damage of his/her City uniform due to negligence not including normal wear and tear. B. Uniform Guidelines Except as described in Section D below, Public Works employees will be issued standard uniforms which are consistent among divisions and compliant with OSHA guidelines. 1. Sweatshirts and or Jackets Two (2) sweatshirts per employee per year will be issued as follows: Sweatshirts will be hooded with zipper. Sweatshirts will be compliant with OSHA guidelines. One OSHA compliant jacket per employee per year may be issued in in lieu of sweatshirts. 2. Shirts Eight (8) City-issued shirts per employee per year will be issued as follows: Shirts will be OSHA compliant. Shirts will be short or long sleeved t-shirts, or have buttons and collar. 3. Raingear and Coveralls Rain gear and coveralls will be issued as needed in compliance with current OSHA regulations. 4. Work Pants Employees will each receive a $240 stipend per fiscal year for work pants. Public Works Department Uniform Policy Page 2 of 3 Adopted July 23, 2013 Resolution No. 13-4735.13
Work pants must be full-length blue denim (i.e. blue jeans) or dark navy or black twill/polyester style. Works pants must not sag below the waistline or hip. Work pants must be free of alterations, holes and bleaching. 5. Hats Employees will be provided with two (2) ball cap style hats per employee per year. Hats will be navy blue in color, Flex-Fit (non-adjustable) style and will bear the original City logo. Employees may elect to wear a full brimmed sun hat in lieu of ball cap if approved by the division manager. Employees may elect to wear their own choice of ball cap style hat as long as it does not bear writing or logos and is dark navy or black in color. 6. Uniform Disposal Uniforms which have reached the end of their useful life and which bear the City logo must be properly disposed of by the employee. Properly disposed of is defined as removing the City logo and/or destroying. Uniforms bearing the City logo must never be given away or donated to charity. C. Time to Purchase The Public Works Management Team will procure above said uniforms once annually during the month of June. D. Laundry Service A clothing rental and laundry service which provides uniforms shall be provided to full-time employees occupying regular positions in the Fleet Management Division and or other special need positions which require such service. Public Works Department Uniform Policy Page 3 of 3 Adopted July 23, 2013 Resolution No. 13-4735.13
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