HomeMy WebLinkAboutAgenda Statement 1986/01/07 Item 16 COUNCIL AGENDA STATEMENT
Item 16
Meeting Date 1/7/86
ITEM TITLE: Resolution // 5�' Amending Resolution # 12207 adopting
Memorandum of Understanding between the City and Chula Vista
Employees Association with regard to certain changes
negotiated as a result of changes in the Fair Labor Standards
Act (FLSA)
SUBMITTED BY: Director of Personnel
REVIEWED BY: City Manage4 (4/5ths Vote: Yes No X )
During negotiations for 1985/86, several changes were made in the contract
regarding overtime as a result of the imposition of the Fair Labor Standards
Act on local government. Subsequent to the imposition of this Act, further
legislation was passed that relaxed the requirements. During negotiations
between the City and the Association it had been agreed that should such
changes in the law occur, the parties would return to the negotiating table to
amend the contract. Such negotiations have taken place.
RECOMMENDATION: It is recommended that Council adopt the changes agreed to
by CVEA and the City and amend the contract between the parties accordingly.
The changes allow the use of compensatory time off and return to the past
practice of counting all paid hours as hours worked for the purposes of
calculating overtime. Details of the changes are discussed below.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
A summary of the final agreement which is effective 1/08/86 follows:
1 . Compensatory Time Off - Compensatory time off will be reintroduced at time
and one-half to compensate employees for overtime. Such compensatory time
off hours may be accumulated to a maximum of 40 hours.
2. Hours Worked - The calculation of hours worked for the purposes of
overtime shall include all paid hours.
3. Overtime Eligibility - Between January 8, 1986 and April 15, 1986 overtime
will be calculated when over 80 hours are worked in a bi-weekly pay period
as was done in 1984-85. Effective April 16, 1986, the limit for
calculating overtime will be reduced from 80 to 40 hours.
The above three items are a reversion to practice that was in effect prior to
the Garcia vs. San Antonio case which made FLSA applicable to State and local
government.
Page 2, Item 16
Meeting Date 1/7/86
4. All employees who were forced to use vacation or holiday leave instead of
compensatory time off while the status of the applicability of FLSA
resulted in frozen compensatory time balances, shall have the option of
"trading" these hours on the books. Compensatory time balances will be
unfrozen.
FISCAL IMPACT: The exact fiscal impact of these changes are unknown at this
time. There may be some increase in the number of overtime hours paid,
however, many employees prefer compensatory time to cash and, therefore, the
exact cost is difficult to predict. No major changes in the amounts budgeted
for 1985/86 are anticipated.
SAT/mjf
WPC 0434K
- ........� c:Fy of
Chula Vista, California
Dated ----�---
I