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Return to SFMTA Board June 26, 2009, agenda

THIS PRINT COVERS CALENDAR ITEM NO. : 18.3

 

SAN FRANCISCO

MUNICIPAL TRANSPORTATION AGENCY

 

DIVISION:    Administration          

 

BRIEF DESCRIPTION:

 

Approving an amendment to the Collective Bargaining Agreement between the San Francisco Municipal Transportation Agency (SFMTA) and the Municipal Executives Association (MEA) to reflect certain concessions by the MEA and extend the termination date to June 30, 2011.

 

SUMMARY:

                       

·        Charter Section 8A.104 provides that the SFMTA shall bargain labor agreements with employee organizations representing employees in service critical classifications.

·        The Collective Bargaining Agreement between SFMTA and MEA expires on June 30, 2009.

·        The SFMTA negotiated an amendment that includes concessions to the existing CBA with MEA to save the agency approximately $558,600 and extends the expiration date to June 30, 2011. 

 

ENCLOSURES:

1. SFMTAB Resolution

2. CBA Amendments (MEA)

3. Labor Cost Analysis

 

APPROVALS:                                                                                   DATE

 

DIRECTOR OF DIVISION

PREPARING ITEM ______________________________________            ____________

 

FINANCE        ___________________________________________          ____________

 

EXECUTIVE DIRECTOR/CEO ____________________________  ____________

 

SECRETARY  ___________________________________________          ____________

 

ADOPTED RESOLUTION     

BE RETURNED TO____Rumi Ueno______   

 

ASSIGNED SFMTAB CALENDAR DATE: __________________________

 


 

PAGE 2

 

PURPOSE

 

To extend the expiration date of the CBA between SFMTA and the MEA from June 30, 2009 to June 30, 2011 and implement negotiated concessions.

 

GOAL

 

The proposed agreement meets the following strategic goals:

Goal 4 – Financial Capacity: To ensure financial stability and effective resource utilization.

Goal 5 – SFMTA Workforce: To provide a flexible, supportive work environment and develop a workforce that takes pride and ownership of the agency’s mission and vision and leads the agency into an evolving, technology-driven future.

 

DESCRIPTION

 

Charter section 8A.104 gives the SFMTA authority to negotiate labor agreements covering wages, hours, working conditions, and benefits with labor organizations representing employees at SFMTA in service critical classifications.

 

The SFMTA negotiated a CBA with the MEA in July 2006 which expires on June 30, 2009.

 

SFMTA representatives and representatives of MEA negotiated an amendment to the existing CBA.  The SFMTA and MEA were successful in reaching an agreement that was ratified by a vote of the MEA membership on May 6, 2009.

 

The agreement would amend the existing CBA as follows: The term of the agreement would be extended two years to June 30, 2011.  Additionally, the following concessions were agreed to: five unpaid furlough days in Fiscal Years 2009-10 and 2010-11; five additional floating holidays in Fiscal Years 2009-10 and 2010-2011; suspension of pay ranges B and C and Pay for Performance in Fiscal Years 2009-10 and 2010-11; expiration of the Pay for Performance program on June 30, 2011 and replacement of this program with a 1% salary increase on June 30, 2011; expiration of the Wellness program on June 30, 2010; layoff protection through November 15, 2009; and retiree protection against reduction in salary for retirement calculations. There are no other substantive changes to the CBA with the exception of updating dates and language where appropriate.

 

The amended CBA will be in effect through June 30, 2011.  If the amendment is not approved, the cost savings that this agreement provides will not be realized.  
PAGE 3

 

The City Attorney has reviewed this calendar item. 

 

ALTERNATIVES CONSIDERED

 

None, without concession bargaining the SFMTA would not generate cost savings.

 

FUNDING IMPACT

 

Labor Cost Analysis is attached.

 

The approximate cost savings to the agency is $558,600

 

RECOMMENDATION

 

Staff recommends approval of the amendment to the CBA between SFMTA and MEA. 

SAN FRANCISCO

MUNICIPAL TRANSPORTATION AGENCY

BOARD OF DIRECTORS

 

RESOLUTION No. ______________

 

            WHEREAS, Under Section 8A.104 of the Charter, the San Francisco Municipal Transportation Agency (SFMTA) Board of Directors succeeded to the powers of the Board of Supervisors with respect to collective bargaining for employees in service critical classifications; and,

 

            WHEREAS, The current Collective Bargaining Agreement (CBA) between SFMTA and the Municipal Executives Association (MEA), expires on June 30, 2009; and,

 

            WHEREAS, The SFMTA and the MEA negotiated an amendment to the CBA that was ratified by the membership of MEA on May 6, 2009, and,

 

            WHEREAS, The proposed amendment of the CBA, which shall be effective July 1, 2009 through June 30, 2011, and all other required information were publicly disclosed in accordance with Charter Section A8.104(p) on June 2, 2009 and are on file with the Secretary of the MTA Board of Directors; now, therefore, be it

 

            RESOLVED, That the SFMTA Board of Directors hereby approves the amendment to the Collective Bargaining Agreement between the SFMTA and the Municipal Executives Association to implement negotiated concessions and extend its term to June 30, 2011.

 

I certify that the foregoing resolution was adopted by the San Francisco Municipal Transportation Agency Board of Directors at its meeting of ___________________________.                         

    

                                                                           ______________________________________

                                                                          Secretary to the Board of Directors

                                                                          San Francisco Municipal Transportation Agency

 

 

 

 

 

 

 

 

 

 

 

 

AMENDMENT No. [begin deletion] 2[end deletion] [begin addition] 3[end addition]

TO THE 2006-2009 MEMORANDUM OF UNDERSTANDING

BETWEEN

SAN FRANCISCO MUNICIPAL TRANSPORTATION AGENCY

AND

MUNICIPAL EXECUTIVES’ ASSOCIATION

 

It is understood and agreed that unless otherwise provided herein, all other provisions of the Agreement or appendices thereto shall be extended for the term of the Agreement as amended by this MOU.

 

III.A. Wages

[begin addition]  [end addition]

[begin addition] 66a.     For Fiscal Years 2009-2010 and 2010-2011, “new plan” employees (i,e., employees who became members in SFERS on or after November 2, 1976) and PERS employees shall be required to contribute the value of five (5) unpaid furlough days for each of those fiscal years, the implementation of which will occur through the suspension of Pay for Performance and uniform payroll smoothing over the two fiscal years. Such uniform payroll smoothing shall cease effective close of business June 30, 2011. [end addition]

[begin addition]  [end addition]

[begin addition] 66b.     For Fiscal Year2010-2011, “old plan” employee (i.e., employees who became members in SFERS before November 2, 1976) shall be required to contribute the value of five (5) unpaid furlough days for each of those fiscal years, the implementation of which will occur through the suspension of Pay for Performance over the two fiscal years. Such uniform payroll smoothing shall cease effective close of business June 30, 2011.[end addition]

[begin addition]  [end addition]

[begin addition] 66c.     All represented employees will forego the Pay for Performance lump sum payment previously allocated and otherwise due to be paid in October 2009 and October 2010. The funding allocated to Pay for Performance for both years shall be utilized to partially implement the requirement to contribute the value of unpaid furlough days set forth in 66a above.[end addition]

[begin addition]  [end addition]

[begin addition] 66d.     Effective close of business June 30, 2011, represented employees shall receive a 1.5% increase to base wages reflecting the expiration of the Pay for Performance program.[end addition]

[begin addition]  [end addition]

[begin addition] III.B MTAM Salary Plan[end addition]

[begin addition]  [end addition]

[begin addition] 75a.     For fiscal years 2009-2010 and 2010-2011, the Adjustment Committee shall not meet and no adjustments shall be made.  Any unused funds as well as the half percent (0.5%) allocations set forth in paragraph 74 for both fiscal year 2009-2010 and 2010-2011 shall carry over to fiscal year 2011-2012.  The Adjustment Committee shall resume meeting in fiscal year 2011-2012.[end addition]

 

III.C. Pay for Performance

 

        Fiscal Year 2006-2007

 

87.                    In recognition of the impact of the employee retirement contribution payment on MEA represented employees, the overall City fiscal condition and the extraordinary demands placed on the City’s managers during  the unprecedented fiscal crisis, during fiscal years 2003-2004 through 2005-2006, and that  no MEA represented employee  was paid at the 3% pay for performance level provided by the MOU for each applicable year, employees appointed to an MEA represented classification on or before December 31, 2005  who continued to be employed in an MEA classification through June 30, 2006, shall receive a 2% payment on a biweekly basis beginning with the first full pay period in the fiscal year 2006-2007.

 

      Fiscal Years 2007-2008 2008-2009, 2009-2010 [begin addition] and 2010-2011[end addition]

 

88.  In fiscal year 2007-2008, by the first pay period on or after October 1, 2007, MEA represented employees shall be eligible to receive a one and one-half percent (1.5%) lump sum payment, based on base wages earned in a represented classification in fiscal year 2006-2007, subject to the eligibility requirements described in section III. C.

 

89.  In fiscal year 2008-2009, [begin addition] 2009-2010 and 2010-2011[end addition] by the first pay period on or after October 1, 2008, MEA represented employees shall be eligible to receive a one and one-half percent (1.5%) lump sum payment, based on base wages earned in a represented classification in fiscal year 2007-2008, subject to the eligibility requirements described in section III. C.

[begin addition]  [end addition]

[begin addition] 89a.     The Pay for Performance program shall expire upon close of business, June 30, 2011.  However, there will be no Pay for Performance lump sum payments made on October 1, 2009, October 1, 2010 or thereafter subject to the provisions of  66a., 66b., 66c. and 66d. above.[end addition]

 

90.  Employees who commence employment in an MEA represented classification within the prior twelve (12) months (New MEA Employees), and who have been employed in such classifications for at least six (6) months prior to the commencement of the fiscal year during which payment is made, shall be eligible to receive one-half (1/2) of the pay for performance payment available for existing employees, subject to the eligibility requirements described in the paragraph below.

 

91.  Eligibility for payments under section III. C. during fiscal years 2007-2008, 2008-2009, [begin addition] 2009-2010 and 2010-2011[end addition] shall be based upon Appointing Officer certification of the following terms:

 

·        The employee has received a performance appraisal (evaluating performance) and a performance plan (containing objectives for future performance) during the fiscal year immediately proceeding the fiscal year during which payments will be made.

 

·        The employee has completed a performance appraisal and performance plan for all immediate reports during the fiscal year immediately proceeding the fiscal year during which payments will be made, except for new immediate reports (i.e. reporting relationship has existed for less than twelve (12) months) as to whom the Appointing Officer certifies the time for completion of a performance appraisal and performance plan has not yet occurred.

 

·        The employee’s payment under this section may be denied if the employee’s performance during the twelve (12) months prior to the fiscal year during which payments will be made has been unsatisfactory to MTA.

 

92.  The denial of a payment under this subsection is not subject to the grievance procedure.

 

93.  Nothing in this section shall make performance appraisals or plans subject to the grievance procedure.

 

94.  Payments made pursuant to this section shall not change or affect an employee’s placement in A, B, or C range.  Placement and movement in Range A, B, or C shall continue to be governed by Section III.B.

 

[begin deletion] , and/or.[end deletion] III.R Holidays

 

[begin addition] 170a    Commencing  2010-2011, “new plan” employees (i.e. employees who became members in SFERS on or after November 2, 1976) and PERS employees shall receive an additional five (5) floating holidays for a total of ten (10) floating holidays for each of those fiscal years.  Notwithstanding the paragraph above, for Fiscal Years 2009-2010 through 2013-2014, any unused floating holidays for “new plan” employees and PERS employees may be carried over to the next succeeding year, but at no time shall an employee accumulate more than twenty (20) floating holidays (including floating holidays awarded in a particular year) during this period.[end addition]

[begin addition]  [end addition]

[begin addition] 170b.   For the period June 30, 2009 through iscal Years 2009-2010 and 2010-2011, the prohibition on compensation earned or granted for floating days off not taken shall be suspended.  During the two years noted, unused floating holidays will be paid out upon separation.[end addition]

[begin addition]  [end addition]

[begin addition]  [end addition]

III.U.  Wellness Program

[begin addition]  [end addition]

192.          [begin deletion] For the term of this agreement,[end deletion] tThe MTA shall implement a “wellness program.”  The Wellness Program shall be discontinued effective close of business June 30, 2010.

[begin addition]  [end addition]

[begin addition] III.Z.         Retirement Restoration[end addition]

[begin addition]  [end addition]

[begin addition] 212a.   For employees who retire prior to July 1, 2012 and whose final compensation for retirement purposes is impacted by contributions in fiscal year 2009-10 and/or 2010-11 of the value of unpaid furlough days as described in Section III.A Paragraph 66a. above and/or (ii) waiving the Pay for Performance lump sum payments as described in 66a., 66b., 66c.,  and 66d. above, the MTA will provide restoration pay in a lump sum equaling the amount of the contributions described immediately above for the period used by the applicable retirement system to determine the employee’s final compensation for retirement purposes.  [end addition]

[begin addition]  [end addition]

[begin addition]  [end addition]

[begin addition] III.FF.       Workforce Reduction[end addition]

[begin addition]  [end addition]

[begin addition] Except for layoffs already noticed, the MTA will not effectuate a layoff of employees in represented classifications in the period beginning date of ratification of this Agreement through November 15, 2009. [end addition]

 

IV.A. Management Training

 

224.     The MTA shall budget $20,000 each year for the purpose of management training of MEA-represented employees.  Until such funds are exhausted, an employee may utilize up to a maximum of $2,000 per fiscal year. Upon agreement of the parties, this amount may be supplemented with unspent funds allocated for internal adjustments in accordance with Section III.C.   Until such funds are exhausted, an employee may utilize up to a maximum of $2,000 per fiscal year for tuition, internal or external training programs, professional conferences and professional association membership. Employees may also use funds to purchase Personal Digital Assistants, professional software, books and subscriptions, and laptop computers, to the extent that these items would be used in the performance of their City duties.  In addition, subject to approval by the MTA Director of Human Resources and to the extent funds are available, employees may utilize up to $1,000 of the funds available to them for that fiscal year under this article to pay for up to one-half of the cost of reasonable and necessary travel and lodging for approved training.  Travel reimbursement rates shall be as specified in the Controller’s travel policy memo.  However, Management Training Funds may not be used for food.  A joint MTA-MEA management development committee will be established to develop the program and to decide how to spend the allotted sums.  The MTA shall not utilize these funds to supplant existing budgeted training programs.  Funds which are not expended at the end of each fiscal year shall be rolled over into the next fiscal year.

 

VI.D. Re-opener

 

[begin addition] 235.       It is understood and agreed that no new economic benefits for FY 2010-11 shall become effective prior to December 31, 2010; provided as follows:[end addition]

[begin addition]  [end addition]

[begin addition]             (a)        in  the  event  the  San Francisco Municipal Transportation Agency negotiates to improve an economic benefit that becomes effective  between  July  1, 2010 through December 30, 2010, inclusive, for any  other  miscellaneous  SFMTA officers  or  employees employed in the SFMTA, that economic benefit will be extended to the Union's represented employees in a manner  consistent with the overall economic agreement between the SFMTA and the union with which it previously agreed,[end addition]

[begin addition]  [end addition]

[begin addition]             (b)        In  the  event that an arbitration panel acting under the authority of Charter section  A8.409-4 awards another union representing miscellaneous employees employed in the SFMTA an economic benefit that becomes effective between  July  1,  2010  through  December  30,  2010, the SFMTA shall allow the Union to reopen its MOU solely for the purpose of proposing that its represented employees should receive an economic benefi[end addition] [begin addition] t in FY 2011-12, in light of the arbitration panel's award on behalf of the other miscellaneous labor organization.  Such reopener, if any, shall commence in January 2011, and shall be subject to the timelines and the Charter factors set forth in Charter section A8.409.  By entering into this agreement, the SFMTA is not conceding that the Union is or should be entitled to a remedy in the event another union receives an economic benefit for the time period described above.  The parties also acknowledge that any economic increases so awarded that are based on market-based adjustments or reflect premiums for specific work functions are not necessarily applicable to any other group of employees or to other unions,[end addition]

[begin addition]  [end addition]

[begin addition]             (c)        that  economic  benefits  negotiated  for  or  awarded  to  non-A8.409 employees,  so-called  "miscellaneous safety" or employees whose retirement is  with the California Public Employees' Retirement System are exempt from this section and do not trigger subsections (a) and (b), above; and [end addition]

[begin addition]  [end addition]

[begin addition]             (d)        that any economic benefits negotiated or awarded that become effective on or prior to June 30, 2009 are exempt from this section and do not trigger subsections (a) and (b), above.[end addition]

 

 

VI.E Duration of Agreement

 

236            This Agreement shall be effective July 1, 2006, and shall remain in full force and effect through June 30, [begin deletion] 2010[end deletion] [begin addition] 2011[end addition]

 

 

 

 

 

 

FOR THE S. F. MUNICIPAL TRANSPORTATION AGENCY

 

FOR THE ASSOCIATION

 

 

 

 

 

 

Nathaniel P, Ford, Sr.                        Date

Executive Director/CEO

 

Rebecca Rhine                    Date

Executive Director

 

 

Municipal Executives’ Association

 

 

 

Debra A. Johnson                              Date

Chief of Staff/Director, Administration

 

           

 

 

 

 

 

 

 

 

Approved As To Form:

 

 

 

 

Dennis J. Herrera                       

City Attorney

 

 

 

 

 

 

 

 

 

Elizabeth Salveson                                  Date

Chief Labor Attorney

City Attorney           

 

 

 

 

 

 

 

 

 

 

 

 

 

San Francisco Municipal Transportation Agency and

Municipal Executive Association

July 1, 2006 – June 30, [begin deletion] 2010[end deletion] [begin deletion] [end deletion] [begin addition] 2011[end addition]

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

MEA 2010/2011 Cost Analysis

 

 

 

 


Char

FY09 FTE

FY09 Orig Amt

FY10 FTE as of May 18, 2009

FY10 Amount as of May 18, 2009

 FY2009-10 Cost of Five (5) Unpaid Furlough Days

 FY2010-11 Cost of Five (5) Unpaid Furlough Days

001 Total

124.01

12,878,295

122.00

12,954,772

              248,176

                248,176

013 Total

0.00

2,756,091

0.00

3,486,666

                  43,034

                    49,213

MEA, MUNICIPAL EXECUTIVES ASSOCIATION Grand Total

124.01

15,634,386

122.00

16,441,438

                291,209

                  297,389


 

 

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