HomeMy WebLinkAbout1978-10-24; City Council; Resolution 55681
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RESOLUTION NO. 5568
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, ADOPTING
A MEMORANDUM OF UNDERSTANDING BETWEEN
REPRESENTATIVES OF ,WNAGEMENT AND THE
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
WHEREAS, representatives of management and the Carlsbad
'iref ighters Assoc2ation, Inc hqve. be-en corducttqg negotk.atkons
ursuant to the Meyers-Milias-Brown Act, regarding wages and
Pther terms and conditions of employment for Fiscal Year 1978-1979;
L nd
WHEREAS, said representatives have reached agreement which
:hey desire to submit to the City Council for approval: and
WIJEREAS, the City Council has determined it to be in the
mblic interest to accept such an agreement in the form of a
Iemorandum of Understanding, marked Exhibit A and incorporated by
.eference herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
!ity of Carslsbad, California, as follows:
1. That the above recitations are true and correct.
2. That the Memorandum of Understanding between the Carlsbad
Firefighters' Association, Inc. and representatives of
management is hereby accepted.
3. That the City Council intends to implement said memorandum
by incorporating its terms into the salary plan for Fiscal
Year 1978-1979 and the Personnel Rules and Regulations of
the City of Carlsbad and by other appropriate actions
necessary in accord with its terms.
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an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the
Carlsbad City Council held on the 24th day of October , 1978,
by the following vote, to wit:
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AYES : Councilmen Packard, Skotnicki, Lewis, and Councilwoman Casler
I NOES z None
(SEAL)
6 II ABSENT: Councilman Anear
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Exhibit A to 0 Resolution No. 5568
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this 13th day of October, 1978, by and between designated management
representatives of the City of Carlsbad (hereinafter referred to as
the "City") and the designated representatives of the Carlsbad Fire-
fighters' Association, Inc. (hereinafter referred to as CFA, Inc.
"employees 'I ) .
PREAMBLE -
It is the purpose of this Memorandum of Understanding (herein-
after referred to as "Memorandum") to promote and provide for harmo-
nious relations, cooperation and understanding between the City
management representatives and the local safety fire employees covered
under this Memorandum; to provide an orderly and equitable means of resolving any misunderstandings or differences which may arise under
this Memorandum; and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours and
other terms and conditions of employment of the employees covered under
this Memorandum, which agreement the parties intend jointly to submit
and recommend for City Council approval and implementation.
ARTICLE 1. RECOGNITION
The City of Carlsbad recognizes CFA, Inc. as the majority repre- sentative for all classifications in this Unit, as set forth in Attachment A of the Petition for Formal Recognition, submitted January 28, 1976, in accordance with the provisions of Section 2.48.090
(1) of the Carlsbad Municipal Code.
ARTICLE 2. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum by the membership of CFA, Inc. It is agreed that the City will act in a timely manner to make the changes in City ordinances, resolutions, rules, policies and procedures necessary to implement this Memorandum.
ARTICLE 3. TERM
The term of this Memorandum shall commence on the date when the
terms and conditions for its effectiveness, as set forth in implementa- tion, are fully met; but in no event shall said Memorandum become
effective prior to 12:Ol a.m. on October 13, 1978. This Memorandum shall expire and otherwise be fully terminated at 12:OO Midnight on June 30, 1979.
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ARTICLE 4. RENEGOTIATION
Section 1.
In the event either party desires to meet and confer in good
faith on the provisions of a successor Memorandum, such party shall
serve upon the other party, during the period from December 1, 1978,
to February 1, 1979, its request to commence meeting and conferring
in good faith. Upon receipt of such written notice, meet and confer
shall begin no later than March 1, 1979.
Section 2.
Unless the City serves upon CFA, Inc. full entire written propo-
sals to amend, add to, delete or otherwise change any of the provisions of this Memorandum, this Memorandum shall constitute City's full pro- posal for a successor agreement, except in the matter of salaries or
other economic provision. Upon receipt of such notice and proposals,
meet and confer shall begin no later than March 1, 1979. Notwithstand- ing the above, if federal or state governments take action that has direct effect upon areas which fall within meet and confer, the City
may submit proposals concerning these areas at later dates.
Section 3.
If neither party requests a reopening for the purpose of renego-
tiation, all conditions of this Memorandum remain in full force and effect for one year from the date it would have terminated unless
either party gives thirty (30) days notice to terminate subsequent to
June 30, 1979.
ARTICLE 5. FLETENTION OF BENEFITS
The employees of the City of Carlsbad shall retain all present
benefits for the term of this agreement, except as amended by this
Memorandum.
ARTICLE 6. COMPENSATION ADJUSTMENT
The parties agree to recommend the City Council amend the existing City Salary Plan, as amended, adopted by City Council Resolution
No. 5187, to provide salary increases in the amounts of Seven and Eleven One Hundredth Percent (7.11%) effective October 1, 1978.
ARTICLE 7. UNIFORM ALLOWANCE
The parties agree to recommend the City Council amend the existing
uniform allowance to permit an increase in the amount from $150.00 per employee per year to $200.00 per employee per year, the increase to
become effective on June 1, 1979. The increase so provided shall be prorated for a one time payment equal to one-twelfth (1/12) of the
increased annual allowance paid during June, 1979. Thereafter, the increase shall be included in the annual allowance payment.
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ARTICLE 8. JOINT STUDY
Parties agree to jointly study the subject of Emergency Medical
Technician training and recertification.
Parties agree that the pursuit of joint studies does not imply, promise nor assume the acceptance of study results, conclusions or recommendations by either party.
Parties further agree that the composition of joint study groups and their schedules must be mutually accepted before commencing such
studies; but that in no case shall final study reports be presented
to the City Manager and CFA, Inc. representatives later than
February 1, 1979.
ARTICLE 9. FULL UNDERSTANDING, MODIFICATION, WAIVER
A. It is the intent of the parties that this Memorandum of
Understanding set forth the full and entire understanding of matters agreed to upon conclusion of meet and confer sessions
which resulted in this memorandum. Any other matters, not contained herein, which were addressed during the course of
the meet and confer process, resulting in this memorandum, are superseded and terminated in their entirety. Any
understanding or agreement, not contained herein, whether formal or informal, which occurred during the course of meet
and confer sessions, resulting in this memorandum, are
terminated or superseded in their entirety.
B. It is the intent of the parties that this Memorandum of
Understanding be administered in its entirety in good faith
during its full term.
It is recognized that during such term it may be necessary
for the City to make changes in rules or procedures affecting
the employees in the unit. Where the City finds it necessary
to make such change it shall notify CFA. Inc., indicating the proposed change prior to its implementation. If CFA, Inc. wishes to consult or negotiate with the City regarding the
matter, CFA, Inc. shall notify the City within five (5) working days from the receipt of such notice. Upon receipt
of such notice, the parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any
problem arising as a result of the change instituted by the City.
Where the City makes such changes because of the requirements
of the law, the City shall not be required to negotiate the matter of compliance with any such law.
Nothing herein shall limit the authority of the City to make such changes required during emergencies. However, the City
shall notify of such changes as soon as practicable. Such
emergency assignments shall not extend beyond the period of
the emergency. "Emergency" shall be defined as an unforeseen circumstance requiring immediate implementation of the change,
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C.
D.
E.
F.
Failure by CFA, Inc. to request consultation
pursuant to Paragraph B, shall not be deemed
of any action taken by the City.
or negotiations,
as approval
Except as specifically provided herein, it is agreed and
understood that each party hereto voluntarily and un- qualifiedly waives its right, and agrees that the other shall
not be required, to negotiate with respect to any other matters within the scope of negotiations, during the term
of this Memorandum of Understanding.
Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained
herein shall not be binding upon the parties hereto unless
made and executed in writing by all parties hereto, and if
required, approved and implemented by the City Council.
The waiver of any breach, term or condition of this Memorandum
of Understanding by either party shall not constitute a
precedent in the future enforcement of all its terms and
provisions.
ARTICLE 10. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum of Understanding:
A. City's principal authorized agent shall be the City Manager,
or a duly authorized representative (Address: 1200 Elm
Avenue, Carlsbad, California, 92008; Telephone: (714)
729-1181), except where a particular City representative is specifically designated in connection with the performance
of a specific function or obligation set forth herein.
B. CFA, Inc. principal authorized agent shall be its President
or a duly authorized representative (Address: 1200 Elm
Avenue, Carlsbad, California, 92008; Telephone: (714)
729-1181).
ARTICLE 11. PROVISIONS OF LAW
It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state
laws, federal and state regulations. If any part or provision of the Memorandum of Understanding is in conflict or inconsistent with
such above applicable laws, rules and regulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memo- randum of Understanding shall not be affected thereby.
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IN WITNESS WHEREOF, the parties hereto have caused their duly
authorized representatives to execute this Memorarldum of Understanding
the day, month and year first above written.
CITY OF CARLSBAD
Approved as to form: Carlsbad Firefighter@
Association, Inc.
W City Attorney