Public Works Department ‘Onaa/ Douglas Civic Cen 1819 Facnam Steet, Suite 6 (Omaha, Nebeaska 68183-0601 (aoa) 444-5220 ax (402) 444.5268 City of Omaha Robert G. Stubbe, P.E. Jean Stothert, Mayor Poblle Wores Disector Honorable President and Members of the City Council, The attached Ordinance approves a Memorandum of Understanding between the City of Omaha and Nebraska Public Employees Group, Local 251. This Memorandum of Understanding provides shift differential pay of $3.60 per hour for those employees assigned to Street Maintenance who are assigned to winter shifts for the 2020-2021 winter season. This shift differential was on an experimental basis during the 2019-2020 winter shifts and it appeared to assist with the hiring and retention of employees within the Street Maintenance Division. We are hoping to extend this benefit for this winter season and anticipate that it wll be part of the negotiations between the City of Omaha and Local 251 for the Collective Bargaining Agreement that will go in effect for the 2021 payroll year. The Agreement contemplates that shift differential shall not apply to any other employees of the City of Omaha, nor will it apply to any other employees who assist with snow removal or on a sporadic or periodic basis. Your favorable consideration of this Ordinance is requested. Respectfully submitted, Referred to City Council for Consideration: hile. Pge20 caver Sheth. IsJ ie Robert Stubbe Date Mayor's Office/Title Dale Public Works Director Approved: "Nhao Deb Sander Date Human Resources Director 2az0izoassselORDINANCE NO. AN ORDINANCE to approve a Memorandum of Understanding between the City of Omaha and the Nebraska Public Employees Group, Local 251; this Memorandum of Understanding provides for increased shift differential pay for Street Maintenance employees assigned ‘to winter shifts during the 2020-2021 winter season; and to provide an effective date thereof, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OMAHA: Section 1. That the City of Omaha and Nebraska Public Employees Group, Local 251, have negotiated the Memorandum of Understanding providing for increased shift differential pay for Street Maintenance employees on the 2020-2021 winter season. A copy of the Memorandum of Understanding agreed to between the parties is attached hereto and by reference made apart hereof, Section 2. Any Ordinance of the City of Omaha and any rules and regulations promulgated thereunder, which are in conflict with the provisions of the Collective Bargaining Agreement are amended by the Memorandum of Understanding, shall not be applicable and shall be considered to be superseded. Section 3. The Mayor of the City of Omaha is hereby authorized to execute this Ordinance on behalf of the City of Omaha and the City Clerk is further authorized to attest her signature. ‘Section 4. This Ordinance shall take full force and be in effect fifteen days after its approval,ORDINANCE NO. Page 2 INTRODUCED BY COUNCILMEMBER PASSED ATTEST: CITY CLERK OF THE CITY OF OMAHA APPROVED BY: MAYOR OF THE CITY OF OMAHA DATE DATE APPROVED AS TO FORM: ABs lew DEPUTY Citv ATTORNEY DATE 2o20.20486e01MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this day of ; 2020, by and between the CITY OF OMAHA, hereinafter referred to as the jty” and NEBRASKA PUBLIC EMPLOYEES GROUP, LOCAL 251, hereinafter referred to as the “Union". WHEREAS, the Street Maintenance Division of the City of Omaha is responsible for removing snow, repairing potholes and various other matters within the streets of the City of Omaha; and, WHEREAS, the Street Maintenance Division of the City of Omaha has had difficulty in hiring and retaining qualified staff to perform its required functions; and, WHEREAS, the difficulty in hiring and retaining qualified staff has been exacerbated by the fact that Street Maintenance employees are assigned to winter shifis each year; and, WHEREAS, employees who are assigned to winter shifts are regularly scheduled to report to work at 3:30 A.M. or noon and when the work requires them to work 12 hour shifts they work from midnight to noon or noon to midnight; and, WHEREAS, being placed on winter shifts is disruptive to the lives of employees and makes it harder to hire and retain qualified employees; and, WHEREAS, the City of Omaha experimented for the 2019-2020 winter season by increasing shift differential pay during winter shifis to Street Maintenance employees and it appeared to have the desired effect; and, WHEREAS, the City and Union have commenced negotiations for a Collective Bargaining Agreement (CBA) with a term including the 2021 payroll year, but it is not anticipated that any such CBA will be finalized prior to the start of the 2020-2021 winter season; and, WHEREAS, the City and Union have agreed that they will move forward with the City’s proposal to provide increased shift differential pay to Stree! Maintenance employees for the 2020- 2021 winter season in the manner described in this Memorandum of Understanding and allow the parties to negotiate whether to continue this practice in the new CBA. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL PROMISES AND AGREEMENTS CONTAINED HEREIN, INCLUDING THE RECITALS ABOVE, THE PARTIES HERETO AGREE AS FOLLOWS: 1, That for purposes of this Memorandum of Understanding, Strect Maintenance employees assigned to winter shift will be those assigned and contemplated by Article 12, Section 16 of the Collective Bargaining Agreement between the parties.2. That the City and Union agree, that in lieu of the shift differential pay in Article 21, Street Maintenance employees placed on winter shifts in the 2020-2021 winter season shall receive shift differential pay of $3.60 per hour. The parties agree and acknowledge that they have agreed to move forward with this action for the 2020-2021 winter season in hopes of continuing the positive effect on hiring and retention within the Street Maintenance Division. The parties agree that this shift differential shall not apply to any other employees of the City of Omaha, nor will it apply to any other employees who assist with snow removal on a sporadic or periodic basis. 3. The City and Union agree that this Agreement shall be non-precedent setting. Both parties acknowledge that this Memorandum shall expire in the Spring of 2021 absent an executed Agreement by both parties that extends or changes this Memorandum, 4, All signatories to this Agreement warrant that they have read and fully understand the terms and warrant they are of legal age and legally competent and authorized to execute this Agreement. Dated this___ day of 2020. CITY OF OMAHA: NEBRASKA PUBLIC EMPLOYEES GROUP, LOCAL 251 100-2) Y BAS Rollert Stubbe, Public Works Director Date Tony Burkhalter, President Date’ APPROVED AS TO FORM: = = ‘Attomey i iy