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Home My WebLink About1978-10-17; City Council; 5618; CFA MOU.. CITY OF CARLSBAD AGENDA BILL NO. sb If'' . DATE: October 17, 1978 DEPARTMENT : PERSONNEL ' Initial: Dept , Hd . C, Mgr. Subject: MEMORANDUM OF UNDERSTANDING WITH CARLSBAD FIREFIGHTERS I ASSOCIATION, INC. Statement of the Makter Representatives of the Carlsbad Firefighters' Association, Inc. . and the City have reached agreement regarding wages and other terms and conditions of employment for Fiscal Year 1978-1979. These terms are included in a Memorandum of Understanding . herewith submitted to the City Council for approval. Salary adjustments are included in the attached salary plan. Exhibit Resolution No. ss&g, with Exhibit A, Memorandum of Understanding Resolution No. ,rs64, with Exhibit A, Salary Plan ... Recommendations If the City Council concurs it is recommended that Council first adopt Resolution No. ~'~-68 , Mtajmrandum of Understanding, and then Resolution No. 5669 , Salary -Plan. Council Action: 10-24-78 Council adopted Resolution 5568, adopting a Memorandum of Understanding between representatives of Management and the Carlsbad Firefighters I Association, Inc. Council adopted Resolution 5569, adopting the salary plan for employees represented by the Carlsbad Firefighters' Association, Inc. 1 2 3 4 10 11 12 13 -14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5568 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM OF UNDERSTANDING BETI.7EEN REPRESENTATIVES OF MANAGEMENT AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION, INC. WHEREAS, representatives of management and the Carlsbad 7irefighters' Assocfation, Inc, have. been conducting negotiations ?ursuant to the Meyers-Milias-Brown Act, regarding wages and Dther terms and conditions of employment for Fiscal Year 1978-1979; md 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 mblic interest to accept such an agreement in the form of a lemorandum of Understanding, marked Exhibit A and incorporated by reference 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. 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 1E 1s 2c 21 22 2: 24 2E 2E 21 2E -2- an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the arlsbad City Council held on the 24th day of October , 1978, y the following vote, to wit: AYES: Councilmen Packard, Skotnicki , Lewis, and Councilwoman Casler NOES : None ABSENT: Councilman Anear >gd%!F&< ONALD C. PACKARD, Mayor TTEST: SEAL) Exhibit A to Resolution No. 5568 MEMORANDUM OF UNDERSTAND I NG 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 Memorandurn shall expire and otherwise be fully terminated at 12:OO Midnight. on June 30, 1979. ARTICLE 4. RENEGOTIATION Section 1. -2- . In the event either par,y desires to mee, 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 meetby 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 propcsals, meet and confer shall begin no later than March 1, 1979. Motwithstand- 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 gi.ves thirty (30) days notice to terminate subsequent to June 30, 1979. ARTICLE 5. RETENTION OF BENEFITS I 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, 1379. Thereafter, the increase shall be included in the annual allowance payment. -3- ARTICLE 5. 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. -4- C. Failure by CFA, Inc. to request consu.ltation or negotiations, pursuant to Paragraph B, shall not be deemed as approval of any action taken by the City. D. 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. E. 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. F. 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 [Jnderstanding : 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, 32008; 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 conflick 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. ! 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. CITY OF CARLSBAD 1 Vity Manager Approved as to form: Carlsbad Firefighter@ Association, Inc. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 5569 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIAf ADOPTING BY THE CARLSBAD FIREFIGHTERS' ASSOCIATIONf INC. FOR THE 1978-79 FISCAL YEAR. THE SALARY PLAN FOR EMPLOYEES REPRESENTED WHEREAS, the City Council did on October 3, 1978, by esolution No. 5568 approve Memorandum of Understanding between anagement and representatives of the Carlsbad Firefighters' Asso- iation, Inc. which called for certain salary adjustments: and WHEREAS, it is now appropriate in accord with said resolution or the City Council to implement said adjustments by amending the nterim salary plan adopted by Resolution No. 5469; NOW, THEREFORE, BE IT RESOLVED-by the City Council of the iity of Carlsbad as follows: 1. That the above recitations are true and correct. 2. That the "Classification and Salary Range Schedule for 'ire Safety Personnel, Fiscal Year 1978-79'' and the Bi-weekly lalary Schedule set out in Exhibit A attached hereto and made a )art hereof are hereby adopted as the Salary Plan of the City of !arlsbad for all employees covered by said schedules for Fiscal 'ear 1978-79. 3. That the schedules adopted by this resolution shall be -etroactive to October 1, 1978 and shall supersede any portions )f the interim salary plan inconsistent therewith. xx xx xx xx 1 2 3 4 5 6 7 € s 1c 13 12 12 14 1: IE 17 I€ 1C 2( 21 2: 2; 24 2: 2E 25 2€ .- an adjourned PASSED, APPROVED AND ADOPTED at / regular meeting of the :arlSbad City Council held on the 24th day of October , 1978, )y the following vote, to wit: AYES: Councilmen Packard, Skotnicki, Lewis and Councilwoman Cas1 er NOES : None ABSENT: Councilman Anear RONALD C. 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