Sparks City Council Meeting 9/10/2018 2:00:00 PM

    Monday, September 10, 2018 2:00 PM
    Council Chambers, Legislative Bldg, 745 4th St., Sparks, NV

Public Hearing and Action Items Unrelated to Planning and Zoning: 10.3

Title: Public Hearing, consideration and possible approval of a Collective Bargaining Agreement (AC-5511) between the City of Sparks and the Operating Engineers Local No. 3 Supervisory Unit for the period of July 1, 2018 to June 30, 2021 for an estimated amount to the City of $182,000 in FY19, $173,000 in FY20 and $251,000 in FY21.
Petitioner/Presenter: Stephen W. Driscoll, ICMA-CM, City Manager/Neil Krutz, ICMA-CM, Assistant City Manager
Recommendation: The parties recommend the approval and ratification of a Collective Bargaining Agreement between the City of Sparks and the Operating Engineers Local No. 3 Supervisory Unit for the period of July 1, 2018 through June 30, 2021.
Financial Impact: The financial impact for FY19 is estimated between $49,500 and $62,500 to the General Fund and $75,500 to $119,500 in other funds; the financial impact for FY20 is estimated between $39,000 and $54,000 to the General Fund and $87,000 to $119,000 in other funds; and the financial impact for FY21 is estimated between $48,000 and $79,000 to the General Fund and $106,000 to $172,000 in other funds.
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief:

The City of Sparks and the Operating Engineers Local No. 3 Supervisory Unit have reached a tentative Collective Bargaining Agreement with contractual changes for the period of July 1, 2018 to June 30, 2021.



Background:

The City negotiates and enters into labor agreements with its various collective bargaining units.  The current agreement expired June 30, 2018. The City and Operating Engineers Local No. 3 Supervisory Unit submit for your consideration a three (3) year Agreement covering July 1, 2018 through June 30, 2021.

The negotiation teams for both parties began meeting in February 2018 and continued to meet regularly to discuss the terms and conditions of this Agreement. The Agreement proposed today is the result of those meetings. The City and Operating Engineers Local No. 3 Supervisory Unit believe this Agreement to be a fair, good faith effort between both parties. Operating Engineers Local No. 3 Supervisory Unit ratified this Agreement with their membership and now the City’s negotiating team recommends ratification and approval by council.



Analysis:

Following is a summary of the Agreement reached between the parties.  This summary outlines negotiated contract changes. Also attached to this agenda item are a strike-out version of the proposed Agreement and the final version of the proposed Agreement.

Summary of Tentative Agreement

Section 1: Administration, Article D: Duration of the Agreement

This section reflects the new contract period of July 1, 2018 through June 30, 2021.  There is no direct cost related to this contract change.

Section 1: Administration, Article J: Job Stewards and Union Business

New language was added to increase communication between the Union and the City.  Once per month the City will provide to the City and the Operating Engineers Local No. 3 Supervisory Unit Business Representative a list of new employees hired by the City into positions listed in Appendix A. There is no direct cost related to this contract change.

Section 2: Pay, Article A: Pay Rates

There are two (2) changes to this article in the new agreement. First, consideration of a classification and compensation system to establish pay levels and their associated pay bands. With council approval of an item heard earlier today, changes are needed in the contract to implement the system. Second, this article contains the agreed upon Cost of Living Adjustment (COLA) for each of the three (3) year contract term.

New Classification and Compensation System

A new section of the Agreement and a new Appendix A were added to implement the City’s new classification and compensation system effective October 1, 2018.

The new section of the Agreement explains that pay ranges are to be established utilizing a systematic classification and compensation system. The actual pay rates established through the classification and compensation system are listed by position in the Appendix A. This information also addresses how to handle an employee’s salary when either above or below the new pay range.

The updated Appendix A incorporates the agreed upon changes with Operating Engineers Local No. 3 Supervisory unit effective October 1, 2018.

The total cost for the three (3) year term of the contract related to the implementation of HAY effective October 1, 2018 is $33,500 to the General Fund and $69,500 to all other funds.  The below table details the cost per year per fund:

 

Hay Implementation

 

FY19

FY20

FY21

General Fund

$5,500

$13,000

$15,000

All Other Funds

$8,500

$29,000

$32,000

 

Cost of Living Adjustment (COLA)

For FY19, the negotiating teams agreed to a 2.7% COLA retroactive to the first full pay period after July 1, 2018.  The 2.7% COLA is derived from the Consumer Price Index (CPI) annual change in cost of living as of the most recent annualized calendar year period.

In FY20 and FY21, effective the first full pay period after July 1 of each year, a COLA will be applied to pay rates of no less than 1.0% but not greater than 3.0%, based on the Consumer Price Index (CPI) as determined by the Bureau of Labor Statistics from comparing December to December of the previous year. The specific CPI agreed to by the parties is for the selected areas, all items index - Western Urban Size B/C - 50,000 to 1,500,000.  This CPI is a non-seasonally adjusted, annual index and will be rounded to the nearest one tenth decimal point (CPI Series ID: CUURN400SA0).

A new Appendix A will be issued including the COLA and the range adjustment when the information becomes available each year.

The below table details the cost per year per fund:

Cost of Living Adjustment Financial Impact

 

FY19

FY20 (Range)

FY21 (Range)

General Fund

$19,000

$26,000-$41,000

$33,000-$64,000

All Other Funds

$42,000

$58,000-$90,000

$74,000-$140,000

 

The total fiscal impact of the COLA over the three (3) year contract to the General Fund ranges between $78,000 to $124,000 and between $174,000 to $272,000 in all other funds.

Section 2: Pay, Article C: Overtime

This section has been changed for clarification purposes and the additional language allowing an operational change on how overtime is assigned in the Public Works division.

Clarification Language

The work supervisor was added to clarify who is authorized to approve overtime. There is no direct cost related to this contract change.

Section 3: Benefits: Article A:  Group Health Insurance

There are three resolution changes in this Article. First, the schedule for sick leave conversion and sick leave cash out changed, allowing employees to become eligible for higher percentages of their sick leave earlier in their tenure with the City of Sparks. The cash-out conversion table has been changed to reflect a 20% payout after ten (10) years of service and a 35% payout after 15 years of service.

Years of Service

Sick Leave Cash-Out Percentage

10

20% (Previously 10%)

15

35% (Previously 15%)

 

The potential liability in each fiscal year to the General Fund is up to $13,000 and for all other funds up to $44,000 for the three (3) year term of the contract.

Second, upon nonservice related death of an employee, a section was added that allows the employee’s estate to receive a one-time payment of the employee’s sick leave balance subject to the cash-out schedule. The estimated fiscal impact each fiscal year of the contract is up to $25,000 to the General Fund and $25,000 to all other funds.

Finally, language was added in the cash out section that allows the Finance Director the discretion to pay out if the remaining balance is nominally over the $15,000 or $25,000 cap.  This has no fiscal impact because this does not increase the cash value already owed to the employee.  There is no additional direct cost for this language change.



Alternatives:
  1. The Council may choose to approve the proposed Collective Bargaining Agreement.
  2. The Council may choose not to approve the proposed Collective Bargaining Agreement.
  3. The Council may choose not to approve the proposed Collective Bargaining Agreement and direct the City Manager toward another alternative.


Recommended Motion:

I move to approve the Collective Bargaining Agreement between the City of Sparks and the Operating Engineers Local No. 3 Supervisory Unit covering the period of July 1, 2018 through June 30, 2021.



Attached Files:
     OE3 Supervisory Agreement 2018-2021 Final Updated 08.17.18.pdf
     OE3 Supervisory Agreement 2018-2021 Final Updated 08.17.18 Redline Version.pdf
     NRS 288 calcs for OS contracts thru FY21 Updated 08.29.18.pdf
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