City of Culver City, California
City Council Agenda Item Report
RECOMMENDATION:
That the City Council approve the contract amendment (attached) to the Master
Memorandum of Understanding (MOU) between the City and the Culver City
Employees’ Association (CCEA) regarding bus operator meal and rest breaks.
BACKGROUND:
The Industrial Welfare Commission (IWC) recently amended Wage Order Number 9,
which regulates the wages, hours and working conditions in the transportation
industry. For the first time, the amended wage order states that public transit
operators are not exempt from the wage order’s requirement that drivers receive a
30-minute unpaid “off duty” meal break and two paid 10-minute rest breaks over the
course of an eight-hour day. The order states that if the operators do not receive the
meal or rest period, they must receive one hour of pay for each meal or rest period
missed.
The California Transit Association negotiated a compromise that allows public
agencies to receive an exemption rather than comply with the strict and expensive
requirements in the wage order. In order to receive this exemption, bus drivers must
be “covered by a valid collective bargaining agreement” which “expressly provides
for meal periods for those employees, final and binding arbitration of disputes
concerning application of its meal period provisions, premium wage rates for all
overtime hours worked and regular hourly rate of pay of not less than 30 percent
more than the State minimum wage rate.”
Meeting Date: 8/22/05 Item Number: C-6_
AGENDA ITEM: Approval of Amendment to the Master Memorandum of
Understanding (MOU) between the City of Culver City and the Culver City
Employees’ Association (CCEA) Regarding Bus Operator’s Meal and Rest Breaks.
Contact Person/Dept.: Steve Cunningham Phone Number: 310-253-6540
Fiscal Impact: Yes [X] No [] General Fund: Yes [] No [X]
Public Hearing: [] Action Item: [X] Attachments: []
Public Notification: Master Notification list on 8/17/05; Culver City Employees
Association on 8/17/05
Department Approval:
Stephen C. Cunningham 8/10/2005
CAO Approval:
Jerry Fulwood 8/17/05
City Controller Approval:
Marlee Chang 8/15/05City of Culver City, California
City Council Agenda Item Report
DISCUSSION:
Staff held productive discussions with CCEA representatives and bus operators to
reach a mutually-beneficial agreement. The proposed contract amendment allows
the City to qualify for the exemption provided for in Wage Order 9 as discussed
above. In addition, it guarantees operators with full-time runs up to 50 minutes of
cumulative relief time for meal and rest breaks and provides for compensation at the
operator’s regular rate of pay if these breaks are not realized.
The agreement will take effect on January 9
th
, 2006 to allow the Department time to
analyze its schedules to ensure to the maximum extent possible that operators
receive the agreed upon relief time. The amendment also allows for final and
binding arbitration in the event of grievances regarding meal and rest breaks.
FISCAL ANALYSIS:
The Department estimates that these changes could increase labor costs by
$50,000 in the current budget year. Staff believes it can absorb these increased
costs within its current budget.
In the future, the Department will work to lower these annual costs by analyzing and
amending operator schedules to allow for sufficient meal and rest breaks. The
adoption of Automatic Vehicle Locator (AVL) technology should allow the
Department to further refine schedules and minimize rest and meal break costs.
ATTACHMENTS
1. Letter of Agreement between the City and the CCEA
2. Proposed contract amendment to the Master MOU
MOTIONS:
That the City Council:
1. Approve the Amendment to the Master Memorandum of Understanding (MOU)
between the City of Culver City and the Culver City Employee Association
(CCEA) Regarding Bus Operator’s Meal and Rest Breaks.
8/22/05
Approval of Amendment to the Master Memorandum of
Understanding (MOU) between the City of Culver City and the Culver
City Employees' Association (CCEA) Regarding Bus Operator's Meal
and Rest Breaks
MEETING DATE
AGENDA ITAM
ATTACHMENTS
Pages
1 Letter of Agreement between the City and CCEA
1-2
2 Proposed contract amendment to the Master MOU 3-4AGREEMENT
BETWEEN THE CITY OF CULVER CITY
AND THE
CULVER CITY EMPLOYEES' ASSOCIATION
REGARDING
"BUS OPERATORS MEAL AND REST BREAKS"
STATE WAGE ORDER NO 9
The City of Culver City herein referred to as the City, is subject to the establishment of
meal and rest breaks for Bus Operators in compliance with Assembly Bill 98 and the
State and Industrial Welfare Commission proposed Wage Order No 9 herein referred
to as the "Order" The Order is scheduled to become effective July 1, 2004, or following
the expiration date of any valid collective bargaining agreement applicable to such
commercial drivers then in effect but, in any event, no later than August 1 2005
REQUIREMENTS
The Order establishes requirements for providing Bus Operators
• Up to a thirty (30) minute meal break after five (5) hours of work, and
• For more than ten (10) hours of work in a day, another up to thirty (30) minute
meal break, and
• Two (2) ten-minute rest breaks during an eight (8) hour day
EXEMPTION
The Order provides for an exemption for public transit operators that meet certain
conditions which are spelled out in the Order itself
AGREEMENT
The City and the Culver City Employees' Association herein referred to as "CCEA,"
agree that all conditions required in the Order for the City to be exempted from the
Order have been met and agreed to by both parties as follows|109| CCEA is a valid labor organization recognized by the City to
represent the classification of Bus Operator
2 CCEA and the City have a valid collective bargaining agreement,
herein referred to as a "Memorandum of Understanding," for all Bus
Operators employed by the City
3 The Memorandum of Understanding between the City and CCEA is
hereby amended to specifically and expressly incorporate all of the
requirements of Wage Order No 9 providing
• Up to a thirty (30) minute meal break after five (5) hours of
work, and
• For more than ten (10) hours of work in a day, another up to
thirty (30) minute meal break, and
• Two (2) ten-minute rest breaks during an eight (8) hour day
IAgreement re Bus Operators Meal and Rest Breaks
Page 2 of 2
4 The Memorandum of Understanding Contract Amendment (see
Attachment "A) regarding Bus Operator disputes specifically only
concerning the City s application of meal and rest breaks which are
not resolved through the City's grievance procedure as agreed to
by the City and CCEA, shall be submitted to final and binding
arbitration
5 Should the grievance be unresolved through the City's grievance
procedure, specific provisions for the final and binding arbitration
process will be determined between the City and CCEA, to resolve
Bus Operator disputes specifically only concerning the application
of meal and rest breaks|109| The Memorandum of Understanding provides for premium wages
for overtime worked by Bus Operators
7 The Memorandum of Understanding provides for a Bus Operator
hourly rate of pay not less than thirty percent (30%) more than the
State minimum wage rate
PARTIES TO THE AGREEMENT
This Memorandum of Understanding Contract Amendment (see Attachment "A") is
hereby ratified and agreed to for approval by authorized representatives of the City and
the CCEA and entered into this 29th day of July, 2005
CULVER fY EMPL YEES' ASSOCIATION CITY OF CULVER CITY, CA
A- f,
Edward R Escarcega, CCEA ice P esident Steve Cunningham
Transportation Director
In witness whereof the parties hereto have caused this agreement to be executed this
day of CULVER CITY EMPLOYEES' ASSOCIATION CITY OF CULVER CITY, CA
Jerry Williamson, President Jerry Fulwood
Culver City Employees' Association Chief Administrative Officer
.RATTACHMENT "A"
Contract Amendment to the Master Memorandum of Understanding
between the City of Culver City and
Culver City Employees' Association (CCEA) regarding
Bus Operators Meals and Rest Breaks — per State Wage Order No 9
Article IV, Section III, "Bus Operators Schedule" shall be hereby amended as
follows
A Full-Time Runs — Recovery Time — Meal and Rest Breaks|109| Recovery time is defined as the period after completion of a run when the
bus is stationary and not in service
2 In scheduling full-time runs (i e over five [5] hours in length) for Bus
Operators, the City agrees to include recovery time that is sufficient to
provide for meal and/or rest breaks for the Bus Operator that cumulatively
totals at least forty (40) minutes
3 For full-time runs over eight (8) hours, the City agrees to include recovery
time that is sufficient to provide for meal and/or rest breaks for the Bus
Operator that cumulatively total at least fifty (50) minutes
4 The unpaid time in between non-straight 'split shift" runs or cumulative
recovery time on part-time runs (i e, under five [5] hours in length) shall
serve as the Bus Operator meal and/or rest breaks
B Unrealized Recovery Time
1 From time-to-time due to traffic conditions, accidents and other incidents
beyond the control of the City a Bus Operator on a full-time run may not
receive any or all of the cumulative recovery time|109| The Bus Operator shall then contact a Transit Operations Supervisor and
complete and sign a form claiming the "unrealized" recovery time
3 Upon approval of the claim by the Transit Operations Manager, the Bus
Operator shall receive straight time compensation for the time not realized
at their regular rate of pay
C Verification of Unrealized Recovery Time Claims
1 The City reserves the right to verify any claims by Bus Operators for
unrealized recovery time, including the use of Automatic Vehicle Locator
(AVL) technology
2 The City reserves the right to impose disciplinary action up to and
including removal from employment with the City, for the filing of false
claims for unrealized recovery time compensation
CCEA6
CITY pa_
3.
Contract Amendment re State Wage Order No 9
Page 2 of 2
D Cumulative Unrealized Recovery Time — Effective First Bid 2006
1 In order to allow the City time to ensure to the maximum extent possible
that its Bus Operators receive sufficient cumulative recovery time for meal
and/or rest breaks this provision will not take effect until the first bid of
calendar year 2006
2 During this period, the City shall consult with its Bus Operators to
determine any schedule or route modifications that may ensure sufficient
recovery time for meal and/or rest breaks
E Grievances — Bus Operators Meal and Rest Breaks
1 Any Bus Operator dispute specifically only concerning the City's
application of meal and rest breaks which is not resolved through the
City's grievance procedure as agreed to by the City and CCEA shall be
submitted to final and binding arbitration
2 Should the grievance be unresolved through the City s grievance
procedure, specific provisions for the final and binding arbitration process
will be determined between the City and CCEA to resolve Bus Operator
disputes specifically only concerning the application of meal and rest
breaks
CCEA 56
CITY kz
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