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HomeMy WebLinkAbout1993-05-11; City Council; Resolution 93-133. 1 2 3 4 5 6 7 0 0 RESOLUTION NO. 93-1 33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT AND THE CARLSBAD FIREFIGHTERS’ ASSOCIATION. INC. WHEREAS, representatives of management and the Carlsbad j Firefighters’ Association, Inc., have met and conferred in good fait1 8 9 pursuant to the Meyers-Millias-Brown Act regarding wages and othl lo I terms and conditions of employment from April 1992 through 11 12 February 1993; and WHEREAS, said representatives have reached agreement whick 13 14 they desire to submit to the City Council for consideration and 15 reference herein; 20 19 18 17 WHEREAS, the City Council has determined it to be in the 16 approval; and public interest to accept such an agreement in the form of a Memorandum of Understanding, marked Exhibit A and incorporated t 21 il WHEREAS, the costs of the health insurance increases during 22 /I 23 /I the term of this Memorandum of Understanding will be covered by 24 27 26 NOW, THEREFORE, BE IT RESOLVED by the City Council for the 25 the fund balance in the Health Insurance Fund. City of Carlsbad, California, as fol!ocvs: 28 /I 0 e ll 1 2 1. That the above recitations are true and correct. 3 2. That the Memorandum of Understanding between the 4 5 6 Carlsbad Firefighters' Association, Inc., and representatives of management is hereby accepted. 7 PASSED, APPROVED, AND ADOPTED at a regular meeting of the 8 9 Carlsbad City Council held on the 11th day of MAY 9 - I! 1993; by the following vote, to wit: 10 l1 /I AYES: Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila 12 13 NOES: None ABSENT: None 14 15 16 17 18 ATTEST: 19 I 20, 1 21 - Jg&-x&4f& " - -I_- ALETHA L. RAUTENKRANZ, City Clerk 22 (SEAL) 23 24 25 26 27 28 e 0 EXHIBIT A, RESOLUTION NO. 9 3 - 133 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding is made and entered into this 13th dz representatives of the City of Carlsbad (hereinafter referred to as the “City”) and the designated representatives of the Carlsbad Firefighters’ Association, Inc. (hereinafter referred to as CFA, Inc., “employees”). of. MAY , 1993, by and between designated management PREAMBLE It is the purpose of this Memorandum of Understanding (hereinafter referred to as i‘Memorandum”) to promote and provide for harmonious 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 term 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. RECOGNITION The City of Carlsbad recognizes CFA, Inc., as the majority representativ, for all classifications in this Unit, as set forth in Attachment A of the Petition for Recognition, submitted January 28, 1976, in accordance wil the provisions of Section 2.43.090 (1) of the Carlsbad Municipal Code. ARTICLE 2. jMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council following ratification of the Memorandum 1 0 0 the membership of CFA, Inc. It is agreed that the City will act in a time1 manner to make the changes in City ordinances, resolutions, rules, policies, and procedures necessary to implement this Memorandum. ARTICLF 3. TEM The term of this Memorandum of Understanding shall be from January 1, 1993, through December 31, 1994. As of January 1, 1993, the terms of this Memorandum of Understanding will supersede the provisions of Resolution No. 89-264 adopted by the City Council of the City of Carlsbad on August 1, 1989. ARTICLE 4. j3ENEGOTIATION In the event either party desires to meet and confer in good faith on the terms of a successor Memorandum of Understanding, that party shall ser upon the other a notice of such intent approximately one hundred twenty (120) days prior to expiration of the Memorandum of Understanding. Not more than thirty (30). days following such notice the parties shall meet. At such meeting, the parties will decide on a date for the mutual exchan! of the issues each wishes to address during the meet and confer process. Such exchange shall occur not more than thirty (30) days after such meeting. ARTICLE 5. DETENTION OF BENEFITS The employees represented by CFA, Inc., shall retain all present benefits for the term of this agreement, as amended by this Memorandum, with tf exception of the following subjects which the City may elect to utilize address fiscal difficulties it faces now or in the future: Matters That Fall Within the ScoDe of Representation: The City agrees to give advance notice and opportunity to mc and confer on the subject of current wage levels and benefii as matters which fall within the scope of representation, 2 0 before taking any action impacting employees within the bargaining unit. 0 Management Rights: The City’s decisions regarding staffing levels, station closures, layoffs, reorganization, and furloughs which the Ci may elect to utilize to address fiscal difficulties it faces nc or in the future, are management rights. Nevertheless, the City agrees to give advance notice and the opportunity to discuss these subjects before taking any action impacting employees within the bargaining unit. ARTlCLE. - The rights of the City include, but are not limited to the exclusive right determine the mission of its constituent departments, commissions, anc boards; set standards of service; determine the procedures and standarc of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel which government, operations are to be conducted; determine the conter of job classifications; take all necessary actions to carry out its missi in emergencies: and exercise complete control and discretion over its organization and the technology of performing its work. ARTICLE 7. NO STRIKE AND NO LOCKOUT A, No Strike. During the life of this Agreement, neither the employe nor any agents or representatives will instigate, promote, sponsc engage in, or condone any strike (including sympathy strike), slowdown, concerted stoppage of work, sickouts, or any other intentional disruption of the operations of the City, regardless oi the reason for so doing. 3 0 0 B. Penalty. Any employee engaging in activity prohibited by Article 7.A., or who instigates or gives leadership to such activity, shall bc subject to disciplinary action. C. No I ockout. During the term of this Agreement, the City will not instigate a lockout over a dispute with the employees so long as there is no breach of Section 7.A. D. Association Official Resoonsibilitv. Each employee who holds the position of officer of the Employee Association occupies a positior of special trust and responsibility in maintaining and bringing abo compliance with the provisions of this Article, the employees agre to inform its members of their obligations under this Agreement a to direct them to return to work. ARTICLE 8. COMPENSATION ADJUSTMENTS The parties agree that they will meet and confer on the subject of a sal adjustment beginning December 1993. Upon mutual agreement, the pari may reopen discussions at either an earlier or a later date. The effecth date of the adjustment will be a subject of meeting, and conferring. ARTlCLE. - An employee may use up to two shifts (48 hours) of paid leave if requir to be absent from duty due to the death of a member of, the employee’s ,immediate family. The usage of bereavement leave, however, is limitec three consecutive days which may or may not include a scheduled shift( Additional time off may be authorized by the department head and char< to accrued vacation or treated as leave without pay. The “immediate family” shall be defined as: spouse, child, paren sibling, grandparents; the aforementioned either natural, step or law, or any person over which the employee acts as legal guardia or a verifiable current member of the immediate household. The employee may be required to submit proof of relative’s death befol being granted paid leave. 4 0 e ARTICLE 1Q. LONG TERM DISABILITY During the term of this Memorandum, City agrees to continue to provide long term disability insurance. Said insurance shall provide for a thirty (30) day waiting period prior to payment eligibility. In all other respect said insurance shall continue unchanged. ARTlCLE. L The City and CFA, Inc., agree to continue the following annual vacation leave schedule: 1 through 5 full calendar years of continuous service - 128 hours 6 through 10 full calendar years of continuous service - 192 hours 10 through 1 1 full calendar years of continuous service - 205 hours 1 1 through 1 2 full calendar years of continuous service - 21 8 hours 1 2 through 13 full calendar years of continuous service - 231 hours 13 through 15 full calendar years of continuous service - 244 hours 16 and over full calendar years of continuous service - 256 hours ARTICLE 12. LINEN PROVISION. MAINTENANCE. AND REPLACEMENT The City agrees to provide one set of bed linen and two towels per persr for all shift personnel. To assist in maintenance, all fire stations will equipped with washing machines and dryers; shift personnel will be responsible for maintaining their own linens and towels. The City agrees to replace linens and towels on an “as needed” basis, v a maximum replacement of once per calendar year. ARTICLE 13. lj.E@@ The City agrees to apply funds from its medical insurance reserves so employees with coverage under either Northwestern or Kaiser will not I more than the following contributions during calendar year 1993 and calendar year 1994: 5 0 e Monthlv vee Contrlbutlan Cateaarv Nwestern Kaiser Employee Only 37.00 27.42 Employee + 1 Dep. 87.06 54.82 Employee w/2 Dep. 11 4.56 77.62 Effective January i, 1995, employees may be required to pay more than the above amounts. During calendar year 1993, the City and employee representatives will meet to review uses of the medical reserves. Such meetings will also cover the review of recommendations of Towers Perrin, the City’s bene consultant, regarding possible benefit restructuring, including evaluatio of a cafeteria plan. The City’s benefit consultant Towers Perrin may participate in such meetings. ARTICLE 14. COMMUNICATIONS The parties agree to continue meeting at least once each month during tt term of this agreement for the purpose of continuing communications or subjects of mutual concern. ARTICLE 15. HOLIDAYS The City shall observe the following scheduled paid holidays, consisten with the annual holiday schedule published by the Human Resources Department: New Year’s Day Columbus Day Lincoln’s Birthday Veteran’s Day Washington’s Birthday Thanksgiving Memorial Day Thanksgiving Friday Independence Day Christmas Day Labor Day One (1) Floating Holiday 6 a e Employees working a 56 hour work week shall be compensated for eight (8) hours of holiday work at a rate of time and .one half during the pay period in which the holiday occurs. The floating holiday will be compensated during the pay period inclusive of April 15. Employees working a 40 hour work week will observe the scheduled paid holidays listed above, and will be allowed to use the floating holiday at the discretion of the employee upon prior approval of the Department He; ARTICLE 16. FLEXIBLE WORK SCHEDULE FOR FIRE PREVENTION OFFICERS 9/80 Alternative Work Schedule: The parties acknowledge that they met and conferred in good faith over the terms and conditions for implementation of a 9/80' work schedule fl the Fire Prevention Officers. The result of that meeting and conferring reflected in the City of Carlsbad's Administrative Order No. 57, by whic the parties will control implementation of the 9/80 schedule. It is agrt that the 9/80 schedule will be implemented on a trial basis for a minimum period of nine (9) months and that an evaluation will be conducted to determine whether the 9/80 will be adopted. This article shall not be subject to the grievance procedure. ARTICLE 17. AMERICANS WITH DISABILITIES ACT The parties acknowledge the applicability of the Americans With Disabilities Act (ADA) and intend to apply and implement this MOU so a comply with the ADA. The parties agree to consult if compliance with ADA may require modifying the provisions of this MOU. ARTlCLE- - The parties acknowledge the applicability of the Family Leave Act (Ac. and intend to apply and implement this MOU so as to comply with the A The parties agree to consult if compliance with the Act may require modifying the provisions of this MOU. 7 0 0 ARTICLE 19. 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 matte 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 from this Memorandum, are superseded a terminated in their entirety. Any understanding or agreement, not contained herein, whether formal or informal, which occurred dur 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 Memo.randum of Understanding be administered in its entirety in good faith during its full term. It is recognized that if during such term it may be necessary for 1 City to propose changes in matters within the scope of representation not contained in this agreement, the City shall no 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 wit five (5) working days from the receipt of such notice. Upon recei of such notice, the parties shall meet promptly in an earnest effc to reach a mutually satisfactory resolution of any problem arisin as a result of the change instituted by the City. Where the City makes such changes because of the requirements 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 nl of such changes as soon as practicable. Such emergency assignments shall not extend beyond the period of emergency. “Emergency” shall be defined as an unforeseen circumstance requiring immediate implementation of the change. 8 0 0 C. Failure by CFA, Inc., to request consultation as negotiations, pursuant to Paragraph B, shall not be deemed as approval of any action taken by the City. D. Except as specifically provided in this Memorandum of Understanding, it is agreed and understood that each party hereto voluntarily and unqualifiedly 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. E Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein st not be binding upon the parties hereto unless made and executed, i writing by all parties hereto, and if required, approved and implemented by the City Council. F. The waiver of any breach, term, or condition of this Memorandum I Understanding by either party shall not constitute a precedent in 1 future enforcement of all its terms and provisions. ARTICLE 20. 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 dl authorized representative. Address: 1200 Carlsbad Village Drive Carlsbad, California 92008; Telephone (61 9) 434-2852, except where a particular City representative is specifically designated connection with the performance of a specific function or obliga set forth herein. B. CFA, Inc., principal authorized agent shall be its President or dull authorized representative. Address: 1200 Carlsbad Village Drivt Carlsbad, California 92008; Telephone: (619) 434-2141. 9 8 e t ARTICLE 21. 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 Memorandu: of Understanding is in conflict or inconsistent with such above applicab 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 Memorandum of Understanding sh not be affected thereby. IN WITNESS WHEREOF, the parties hereto have caused their duly authori; representatives to execute this Memorandum of Understanding the day, month, and year first above written. CITY OF CARLSBAD " rx-rm: RONALD R. BALL, City Attorney c, /3.9 3. QLL" CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. - 5/jz23" 10