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File #: ID 20-001001    Version: 1 Name:
Type: Action Item Status: Agenda Ready
File created: 8/3/2020 In control: City Council
On agenda: 8/20/2020 Final action: 8/20/2020
Title: ***Approve a Side Letter of Agreement with the International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39) representing Unit 1, which amends provisions of the Memorandum of Understanding (MOU) between the City and Local 39 regarding Overtime (Subject to Mayor's Veto)
Sponsors: Personnel Services Department
Attachments: 1. Local 39 Overtime Side Letter
REPORT TO THE CITY COUNCIL



August 20, 2020


FROM: JEFF CARDELL, Director of Personnel Services
Personnel Services Department

BY: RICH BOYD, Labor Relations Manager
Personnel Services Department


SUBJECT
Title
***Approve a Side Letter of Agreement with the International Union of Operating Engineers, Stationary Engineers, Local 39 (Local 39) representing Unit 1, which amends provisions of the Memorandum of Understanding (MOU) between the City and Local 39 regarding Overtime (Subject to Mayor's Veto)

Body
RECOMMENDATION

It is recommended that Council approve the attached Side Letter of Agreement with Local 39 which amends provisions of the MOU between the City and Local 39 regarding Overtime, effective August 31, 2020.

EXECUTIVE SUMMARY

Currently, Overtime provisions of the Local 39 MOU provide for compensation at the "applicable overtime rate" of pay, creating a situation where an employee may be paid at different rates of pay before and after midnight while working continuous overtime due to the new workday beginning at midnight. The Side Letter of Agreement amends the Overtime provisions so overtime that begins prior to midnight and continues past midnight into the following work day would be paid at the rate due at the beginning of the overtime assignment, either one and one-half (1-1/2) or two (2) times the employee's rate of pay, for all continuous overtime hours worked. The amended language mirrors language in the IBEW MOU and would apply overtime consistently between the Units.

BACKGROUND

At the request of Local 39, The City and Local 39 met in March 2020 to discuss the Overtime provisions of the MOU. As the Overtime provisions currently read, overtime is compensated at the "applicable overtime rate," which creates a situation where compensation for an employee working an overtime assignment that rolls past midnight may be paid at a different rate of pay due to the beginning of a new work day. The Side Letter of Agreement represents a...

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