HomeMy WebLinkAboutDoc. 2009-185 Amending Collective Bargaining AgreementI"
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701 -1960
(541) 388 -6570 - Fax (541) 385 -3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of April 20, 2009
DATE: April 16, 2009
FROM: Dave Kanner, county administrator 388 -6565
TITLE OF AGENDA ITEM:
Consideration and Board signature of Document No. 2009 -185, an agreement amending the collective
bargaining agreement between Deschutes County and the American Federation of State, County and
Municipal Employees Local 3997 and Council 75, dated June 28, 2006.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Under the current collective bargaining agreement between Deschutes County and the American
Federation of State, County and Municipal Employees (AFSCME) Local 3997, AFSCME- represented
employees are entitled to a cost -of- living adjustment (COLA) effective July 1, 2009, equal to the
January -to- January consumer price index for all urban consumers (CPI -U), but not less than 3% nor
more than 5 %. The January -to- January CPI -U this year was 0 %, thus entitling AFSCME- represented
employees to a COLA of 3 %.
When it became clear that declining County revenues in FY 2010 (beginning July 1, 2009) would leave
the County more than $900,000 of what is needed in the general fund to maintain current service levels,
County administration approached AFSCME leadership to request that the union forego its COLA in
FY 2010. The union countered with a proposal to have the COLA deferred to April 1, 2010 and to then
have represented employees take unpaid days off to compensate for this COLA. County administration
determined that it would be necessary for these employees to take two unpaid days off to make up for
the COLA that is effective in the final three months of the fiscal year. Administration proposed making
December 24 and December 31, 2009, unpaid holidays, thus providing employees with two four -day
weekends and AFSCME agreed to this proposal. Rather than deducting two days pay from a single
paycheck, hours upon which salary is based will be reduced by 3% in April, May and June 2010. Thus,
there will be no net effect on employee paychecks.
Certain County employees work in organizational units that cannot be shut down for a day and these
employees are exempted from the requirement to take an unpaid holiday. These employees are in the
Juvenile Resource Center, the Sheriff's Office (jail and work center) and the Mental Health Division's
Mobile Crisis Team.
This same arrangement will apply to all managers, supervisors and confidential employees, except
those in the Sheriff's Office, where managers, supervisors and confidentials will receive no COLA in
FY 2010, consistent with the County's agreement with the Deschutes County Sheriff's Employee
Association.
FISCAL IMPLICATIONS:
This agreement with AFSCME will net $544,857 to the general fund. By applying the same provisions
to managers and supervisors, the general fund nets $162,000, and by apply these provisions to
confidential employees, the general fund nets about $91,000, for a total net to the general fund of nearly
$800,000. The remainder of the needed savings will come from a combination of small, non - personnel
budget cuts and a further reduction in health benefits charges. Among the cuts that can be avoided by
this agreement (pending Budget Committee concurrence and barring catastrophic reductions in state
revenues) are as follows:
• $377,908 in the Community Development Department (10% reduction in hours or 5 layoffs)
• $254,222 in the Juvenile Department (across- the -board reduction in hours or 4 to 5 layoffs)
• $93,253 in the Health Services Department (one layoff, other reductions in materials and
services)
• $51,958 in the Fair & Expo Department (one layoff)
• $31,350 in the Crime Prevention Services Fund (contracted crime prevention services)
RECOMMENDATION & ACTION REQUESTED:
Staff recommends approval and Board signature of Document No. 2009 -185.
ATTENDANCE: Dave Kanner
DISTRIBUTION OF DOCUMENTS:
Bonnie Baker
Cecil Tibbetts
AFSCME Local 3997
Pilot Butte Plaza
501 NE Greenwood Ave., Suite 500
Bend, OR 97701
AGREEMENT
This Agreement is made and entered into by and between Deschutes County
(hereinafter the County) and the American Federation of State, County and
Municipal Employees Local 3997 and Council 75, (hereinafter the Union),
collectively the Parties, for the purpose of amending the Parties' agreement,
dated June 28, 2006 (CBA).
Section 1. The Parties have executed a Memorandum of Understanding
(MOU), a copy of which is attached hereto, marked Exhibit A, and incorporated
herein.
Section 2. The CBA is hereby amended as set forth in the MOU.
Section 3. Except as otherwise set forth herein, the CBA shall remain in full
force and effect.
Section 4. The Union presented the MOU to the Union's members for
approval or rejection on April 15, 2009 and the result was approval. The Union's
Local President and the Council 75 representative have been authorized by such
approval to execute this amendment i ici n w the CBA.
Section 5. The Board of County Commissioners approves this amendment to
the CBA on behalf of County.
Dated this day of April, 2009
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
TAMMY BANEY, Chair
ATTEST: DENNIS R. LUKE, Vice Chair
Recording Secretary
AGREEMENT
No. 2009 -185
ALAN UNGER, Commissioner
LEGAL COUNSEL
1
uC 2 OO9 1
FOR THE UNION
Jude Lewis,
AFSCME Local 3997 President
Cecil Tibbetts,
AFSCME Council 75 representative
AGREEMENT
No. 2009 -185
Memorandum of Understanding
Parties: Deschutes County, Oregon ( "County ") and
The American Federation of State, County and Municipal Employees
Local 3997 ( "Union "), collectively "Parties."
Recitals
The Parties currently have between them a collective bargaining agreement
(CBA), dated June 28th, 2006. Article 30 of the CBA provides that bargaining
unit members are entitled to a cost of living adjustment (COLA) equal to the U.S.
All Cities CPI -U, January to January (CPI) with a minimum increase of 3%
effective July 1, 2009.
The Parties acknowledge that the actual CPI for 2008 -2009 was zero (0 %),
which is a reflection of the current adverse economic climate locally, statewide
and nationwide.
The County has requested the Union to consider foregoing the COLA increase
scheduled for July 1, 2009, in order to mitigate projected general fund revenue
sl IV ally that could lead to VVVrkforce reductions.
Subject to ratification by its members, the Union has offered to defer the 2009
COLA increase until April 1, 2010, and to take two unpaid "holidays" as more
specifically set forth herein.
The Parties wish to memorialize their tentative agreement with the further
understanding that, following ratification by the Union and the Board of County
Commissioners, a final agreement would be memorialized in a separate written
agreement amending the CBA.
For and in consideration of the mutual promises and understandings
contained herein, the parties agree as follows:
Section 1. The above recitals are true and incorporated herein.
Section 2. Article 30 of the CBA shall be amended to include the new
language in shown below in bold and deleted language is shown in italics:
"There shall be a 4% cost -of- living increase to the 06/07 fiscal year wage
schedule. For fiscal years 07/08 throughl0 /11, there shall be a cost -of- living
increase equal to the U.S. All Cities CPI -U, January to January, as follows:
July 1, 2006 4%
July 1, 2007 - minimum increase of 3 %, maximum increase of 5%
July 1, 2008 - minimum increase of 3 %, maximum increase of 5%
July 1, 2009 minimum increase of 3 %, maximum increase of 5.5%
EXHIBIT _Pt _PAGE
April 1, 2010
July 1,2010
- 3 %, which will apply only prospectively
- minimum increase of 3 %, maximum increase of 5.5%
Every position classification in the AFSCME bargaining unit will be reviewed
within the life of the contract and the salary grade may be adjusted based on the
results of the review. Salary grades will not be reduced as a result of the review."
Section 3. Unpaid Holidays
(a) Except as provided in subsections (b), (c) and (d) of this section,
AFSCME- represented employees will take two unpaid "holidays" consisting of
eight hours each on December 24, 2009 and on December 31, 2009. For
AFSCME- represented employees whose normal schedule is 10 hours for each of
four days, their schedules during these two weeks will be modified to 8 hours for
each of five days.
(b) Wages of AFSCME- represented employees for December, 2009
will reflect 172.67 hours of work (or 173.33 hours for those normally paid on this
basis), not counting their use of time management, sick or other paid leave. For
AFSCME- represented employees who were subject to the provisions of
subsections (a) or (d) of this section, the two days of unpaid leave will be
reflected in equal amounts over the pay periods of April, May and June, 2010,
not counting time management, sick and other paid leave. AFSCME- represented
employees who are normally paid on the basis of a 172.67 hour month will be
paid for a 167.64 hour month. Employees who are normally paid on the basis of
a 173.33 hour month will be paid for a 165.72 hour month.
(c) The provisions of this section shall not apply to AFSCME-
represented employees who are required by law or the unique business needs of
the county to work on a continuous, uninterrupted schedule. These employees
are limited to the following:
(1) Employees whose positions are budgeted in Fund 230,
Department 32 (Juvenile Resource Center);
(2) Employees whose positions are budgeted in Fund 275,
Department 22 and who have been assigned to the work unit described as
the "mobile crisis team."
(3) Employees whose positions are budgeted in Fund 255,
Departments 17, 37 or 42 (Sheriffs Office, Corrections and Work Center).
(d) Subsection (a) of this section notwithstanding, AFSCME-
represented employees whose positions are budgeted in Fund 618, Department
96 (Fair and Expo) shall take two unpaid "holidays" between July 1, 2009, and
June 30, 2010, but may take days other than December 24, 2009 and December
31, 2009, by mutual agreement of these employees and the department head.
EXHIBIT /1 PAGE
3
(e) For employees who are subject to the provisions of subsection (a)
or (d) of this section, but who separate from County employment prior to the
application of subsection (b), shall have their final paycheck reduced by any
amount of unpaid "holiday" leave which has not been previously deducted from
their salary. Bargaining unit members who because of their date of hire have not
actually taken either of the unpaid "holidays" provided by subsection (a) of this
section shall not be subject to the provisions of subsection (b).
Section 4. Ratification
This Memorandum of Understanding (MOU) is subject to formal ratification by the
Union and the Board of County Commissioners (Board). The signers of this
document agree in good faith to recommend approval of these provisions and in
the event of such approval by both parties to promptly execute a formal
amendment to the CBA which reflects the agreement of the parties.
In addition, the Board will be required to adopt a resolution pursuant to ORS
205.242(2) in order to modify the hours in which the office of the County Clerk
must otherwise receive instruments presented for recording. This action only
applies to AFSCME- represented employees in the Clerk's office.
Section 5. Se V G1 ability
Should the Parties execute this MOU and agree to the amendments to the CBA
contemplated in this MOU, these amendments shall be the only changes agreed to
by the Parties, and the remaining terms, conditions, duties and responsibilities
imposed by the CBA on the Parties shall otherwise remain unchanged.
Section 6. Entire Understanding.
This MOU constitutes the entire understanding of the Parties concerning the
subject matter hereof and supersedes any and all prior, contemporaneous, or later
negotiations, discussions, or statements made by or between the Parties, whether
written or oral, concerning the subject matter of this MOU which are not fully
expressed herein. This Agreement may not be modified or amended except by a
writing signed by all parties to this Agreement
Dated this 10 day of April, 2009
Deschutes Co my
d
AFSCME Local 3997
Dave Kanner
County Administrator
Cecil Tibbetts • ude ewis, President
Council 75 Representative
EXHIBIT Pf PAGE 3)3