HomeMy WebLinkAbout1977-09-06; City Council; 5172; CFA MOUCITY OF CARLSBAD
AGENDA BILL NO. 5;/7a Initial :
DePt . Hd.
DATE : September 6, 1977
DEPARTMENT: PERSONNEL
C. AttyqM
.LI C. Mgr. 5
/
Subject: MEMORANDUM OF UNDERSTANDING WITH CARLSBAD FIREFIGHTERS ASSOCIATION,
INC.
Statement of the Makter
Representatives of the Carlsbad Firefighters Association, Inc., and the City have reached tentative agreement regarding wages and other terms and conditions of employment for Fiscal Year 1977-78. These terms are included in a Memorandum of Understanding herewith submitted to the City Council for approval.
Exhibit
Resolution No. s/fL , with Exhibit 'A'
I .Recommendation
Adopt Resolution No. r/f6
Council action .. =1
9-6-77 Resolution #5186 was adopted, adopting a klemorandum of Understanding between representatives of Management and the Carlsbad Firefighters Association, Inc.
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RESOLUTION NO. 5186
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 d :the Carlsbad
?irefighters Association, Inc., have been conducting negotiations
?ursuant to the Meyers-Milias-Brown Act, regarding wages and
Dther terms and conditions of employment for Fiscal Year 1977-1978;
and
WHEREAS, said representatives have reached agreement which
they desire to submit to the City Council for approval, and
WHEREAS, the City Council has determined it to be in the
public interest to accept such an agreement in the form of a
Hemorandum of Understanding, marked Exhibit A and incorporate1
by reference herein;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Carlsbad, 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 1977-1978 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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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 6th day of September , I
1977, by the following vote, to wit:
AYES: Councilmen Frazee, Lewis, Packard, Skotnicki and
NOES : None Councilwoman Casler ZJ
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ABSENT: None
ATTEST:
( SEAL)
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MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into
this 6th day of September, 1977 by and between designated
management representatives of the City of Carlsbad (hereinafter
referred to as the ''City") and the designated representatives of
the Carlsbad Firefighters Association, Incorporated (hereinafter
referred to as CFA or "Employees").
PREAMBLE
It is the purpose of this Memorandum
(hereinafter referred to as "Memorandum")
for harmonious relations, cooperation and
of
to
Understanding
promote and provide
understanding between
the City management representatives and the Local Fire Safety
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 as the sole and exclusive
majority representative for all classifications in this Unit, as
set forth in Attachment A of the Petition for Formal Recognition,
submitted on January 28, 1976 and approved on April 16, 1976 in
accordance with the provisions of Section 2.48.090 (1) of the
Carlsbad Municipal Code.
2.
ARTICLE 2. IMPLEMENTATION
This Memorandum constitutes a mutual recommendation to be
jointly submitted to the City Council. 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. It is agreed that this Memorandum
shall not be binding upon the parties either in whole or in part
unless and until:
A. The City Council acts, by majority vote, formally
to approve and adopt said Memorandum.
B. The City Council acts to appropriate the necessary
funds required to implement the provisions of this
Memorandum which require funding.
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
Implementation, are fully met; but in no event shall said
Memorandum become effective prior to 12:Ol a.m. on July 1, 1977.
This Memorandum shall expire and otherwise be fully terminated at
12:OO Midnight on June 30, 1978.
ARTICLE 4. =NEGOTIATION
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, 1977 to February 1, 1978, its written request to commence
meeting and conferring in good faith as well as its full and
entire written proposal for such successor Memorandum, with the
exception of salary proposals which shall be presented no later
than March 1, 1978. Upon receipt of such written notice and pro-
posals, meet and confer shall begin no later than March 1, 1978.
3.
Section 2.
Nothing contained in this Memorandum shall preclude petition
of either party with reasonable advance written notice to the
other to reopen negotiations on issues of a non-economic nature,
but having a direct bearing upon the employees of this unit.
Section 3.
Unless the City serves upon CFA by March 1, 1978, full
entire written proposals to amend, add to, delete or otherwise
change any of the provisions of this Memorandum, this Memorandum
shall constitute City's full proposal 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, 1978. Notwithstanding 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 4.
If neither party requests a reopening for the purpose of
renegotiation, all conditions of this Memorandum remain in full
force and effect for one year from the date it would have terminated
as set forth in Article 3, Term, and from year to year thereafter
subject to reopening in the manner and on the day and month
specified in Section 1 of this Article.
ARTICLE 5. NON-DISCRIMINATION
The parties mutually recognize and agree fully to protect
the rights of all employees covered hereby to join and participate
in the activities of CFA and all other rights guaranteed by law.
No employees shall be interferred with, intimidated, restrained,
coerced or discriminated against because of the exercise of these
rights.
4.
The provisions of this Memorandum shall be applied equally
to all employees covered hereby without favor or discrimination
because of race, color, sex, age, national origin, political or
religious opinions or affiliations.
The parties agree to support the Affirmative Action Program
established by the City.
ARTICLE 6. RETENTION OF BENEFITS
The employees of the City of Carlsbad shall retain all
present benefits for the term of this agreement, with the exception
of certain amendments proposed in Article 7.
ARTICLE 7. COMPENSATION ADJUSTMENTS
The parties agree to recommend the City Council amend the
existing City Salary Plan, as amended, adopted by City Council
Resolution 3972, July 20, 1976, to provide a salary increase in
the amount of six percent (6%).
The above described amendments are to be computed, based
upon the above described and agreed to amounts, in increments
applicable to each range and step in the salary plan and providing
for twenty-six (26) biweekly pay periods for the fiscal year.
ARTICLE 8. OBLIGATION TO SUPPORT
The parties agree that subsequent to the execution of this
Memorandum of Understanding and during the period of time said
Memorandum is pending before the City Council for action, neither
CFA nor the City, nor their authorized representatives, will appear
before the City Council or meet with members of the City Council
individually to advocate any amendment, addition or deletion to
the terms and conditions of this Memorandum of Understanding.
It is further understood that this Article shall not preclude the
parties from appearing before the City Council nor meeting with
individual members of the City Council to advocate or urge the
adoption and approval of this Memorandum of Understanding in its
entirety.
5.
ARTICLE 9. FULL UNDERSTANDING, MODIFICATION, WAIVER
A. It is intended that this Memorandum of Understanding
sets forth the full and entire understanding of the
parties regarding the matters set forth herein, and
any other prior or existing understanding or agree-
ments by the parties, whether formal or informal,
regarding any such matters are hereby superseded or
terminated 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 indicating the proposed change
prior to its implementation. If CFA wishes to consult or negotiate
with the City regarding the matter, CFA shall notify the City
within five 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 necessary changes required during emergencies. However, the
City shall notify CFA of such changes as soon as practicable.
Such emergency assignments shall not extend beyond the period of
the emergency. "Emergency" is defined as an unforeseen circumstance
requiring immediate implementation of the change.
6.
Where the City makes any such change for reasons other than
the requirements of law or an emergency, where such change would
significantly affect the working conditions of a significantly
large number of employees in the unit, where the subject matter
of the change is subject to negotiations pursuant to the Employer-
Employee Relations Ordinance, and where CFA within the time limits
provided requests to negotiate with the City, the parties shall
expeditiously undertake negotiations regarding the effect the
change would have on the wages, hours, and other terms and condi-
tions of employment of the employees in the unit. If the parties
are in disagreement as to whether any proposed change is within
the scope of negotiations, such disagreement may be submitted as an
impasse to the City Council for resolution. In the event nego-
tiations on the proposed change are undertaken, any impasse which
arises may be submitted as an impasse to the City Council,
C.
D.
E.
F.
Failure by CFA to request consultation or negotiations,
pursuant to Paragraph B, shall not be deemed as approval
of any action taken by the City.
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
subject or matter covered herein or 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, 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.
7.
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 by the City
Manager, or a duly authorized representative (Address:
1200 Elm Avenue, Carlsbad, California, 92008; Telephone:
(714) 729-1181), except where a particular City repre-
sentative is specifically designated in connection with
the performance of a specific function or obligation
set forth herein.
B. CFA 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 Under-
standing is subject to all current and future applicable federal and
state laws, federal and state regulations. If any part or provision
of this Memorandum of Understanding is in conflict or inconsistent
with such above applicable laws, rules and regulations, or is other-
wise held to be invalid or unenforceable by any tribunal of 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 shall not be affected thereby.
IN WITNESS WHEREOF, the parties hereto have caused their duly
authorized representatives to execute this Memorandum of Understanding
the day, month and year first above written.
CARLSBAD FIREFIGHTERS ASSOCIATION, INC.
VINC'EINT F. BIONDO NR. MICHAEL SMITH, President
City Attorney V