REPORT TO THE CITY COUNCIL October 22, 2015 FROM: JEFF CARDELL, Director Personnel Services Department BY: KEN PHILLIPS, Labor Relations Manager Personnel Services Department SUBJECT ..Title Actions pertaining to a Memorandum of Understanding between the City of Fresno and Operating Engineers, Local 3 (OE3) for Unit 11 - Airport Public Safety Officers 1. ***Adopt a Memorandum of Understanding between the City of Fresno and Operating Engineers, Local 3 (OE3) for Unit 11 - Airport Public Safety Officers, effective November 1, 2015 2. ***RESOLUTION - 3rd amendment to FY 2016 Salary Resolution No. 2015-108, (1) removing the temporary Airport Public Safety Officer classification from Exhibit 8; (2) adding Exhibit 11 for Unit 11 to include the permanent Airport Public Safety Officer classification; and, (3) amending Section 15 to reference Exhibit 11 to the list of designated exhibits ..Body RECOMMENDATION It is recommended Council: (1) approve the attached Memorandum of Understanding (MOU) to implement wages, hours and other terms and conditions of employment for City employees in Unit 11, Airport Public Safety Officers, represented by OE3; and, (2) adopt the 3rd Amendment to Salary Resolution No. 2015-108 which amends Exhibit 8 by removing the classification of temporary Airport Public Safety Officer; adds Exhibit 11 for Unit 11, Airport Public Safety Officers; and, amends Section 15 to reference Exhibit 11. EXECUTIVE SUMMARY The City and OE3 have reached tentative agreement on an MOU for the classification of Airport Public Safety Officer. The MOU is modeled on current benefits for other similarly situated employees, particularly Airport Public Safety Supervisors, also represented by OE3. The City Council is asked to approve the MOU. The City Council is also asked to approve the 3rd Amendment to FY 2016 Salary Resolution No. 2015-108, which amends Exhibit 8 by removing the classification of temporary Airport Public Safety Officer; adds Exhibit 11 for Unit 11, Airport Public Safety Officers; and, amends Section 15 to reference Exhibit 11, to implement the salaries stated in the MOU. BACKGROUND The City of Fresno is required to provide law enforcement personnel at Fresno Yosemite International Airport ("Airport") to support the security program protecting people and property throughout the facility. Prior to 2005, Airport utilized Airport Public Safety Officers who were represented by the Fresno Airport Peace Officer/Firefighters Association. This function was subsequently transferred to Police Officers who are represented by the Fresno Police Officers Association. In 2013, the decision was made to return Police Officers to patrol duties in the Police Department and to resume the use of Airport Public Safety Officers, with the understanding permanent part-time employees would be hired. Given Bargaining Unit 11 consisting of Airport Public Safety Officers existed in 2005, and it was not formally disbanded, staff from Personnel Services and Airport Departments worked to restore Bargaining Unit 11. In so doing, all represented bargaining units were advised Unit 11 was being restored. OE3 asserted the right to represent the restored unit as it previously represented the Unit. No other employee organization objected or asserted a claim to representation. Additionally, Section 3-609 of the Fresno Municipal Code (FMC) supports a unit composed of Airport Public Safety Officers given the bargaining history of Unit 11. Personnel staff has worked with OE3 to prepare an MOU which provides for benefits similar to those provided to existing Airport Public Safety Supervisors. It provides for pro-rated benefits for part-time employees, and benefits which match those recently negotiated with other bargaining units. The OE3 representative has agreed to the MOU. Major points of the attached MOU are as follows: * Term: November 1, 2015 through June 30, 2016. * Wages: Five steps. The first step is equivalent to current hourly rate for temporary employees. * Pension: In the event employees are eligible to be in the City retirement system, they would pay 12% towards retirement instead of 9%. * Health & Welfare - Matches other bargaining units, 75%/25% of rate in effect in FY 15. 50% of all premium increases subsequent to FY 15, with a maximum full time employee contribution of 30% of the monthly premium. * FLSA work period of 14 days with four 12 hour days in one work week and three 12 hour days in the other week. * Permanent Part Time: Pro ration of benefits for PPT employees, including health and welfare premiums and all leave accruals. * Holidays: Holiday accrual of 8 hours per month in lieu of holidays. * Vacation: Accrue eight hours/month for up to ten years. Ten hours per month for those with ten years or more of service. Can accrue up to twice annual accrual. * Sick leave: Accrue eight hours per month. Maximum accrual of 900 hours. * Uniform Allowance: $790 per year. * Bilingual Certification/Pay: Premium of $100 per month. * Drug Testing: Random drug and alcohol testing. * Employee and City Rights as identified in the Municipal Code. * Grievance procedure which matches most other bargaining units and practice. * Dues deduction language. The attached 3rd Amendment to the Salary Resolution reflects the restoring of Unit 11 by including the salaries of Airport Public Safety Officers, a reference to the new salary exhibit in Section 15, and removal of the temporary class of Airport Public Safety Officers from Unit 8. The removal from Unit 8 matches the practice for other temporary employees. When there is no existing permanent class, it is necessary to create a class in Unit 8 to provide a basis for pay for such employees. When a permanent class exists, there is no need for a corresponding class in Unit 8. The City Attorney's Office has approved the new MOU and Salary Resolution Amendment as to form. ENVIRONMENTAL FINDINGS Not applicable. LOCAL PREFERENCE Not applicable. FISCAL IMPACT Approval of the MOU and Salary Resolution Amendment will not result in any additional costs to the General Fund. The costs of hiring permanent part-time Airport Safety Officers were included with approval of the Airport budget for Fiscal Year 2016. Attachments: Fresno Airport Public Safety Officer MOU 3rd Amendment to FY 2016 Salary Resolution No. 2015-108