HomeMy WebLinkAbout1982-09-21; City Council; 7168; CFA MOU'I
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IITG. 9/21/82
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Cl'b I OF CARLSBAD - AGENDA-BILL
CITY ATTY MEMORANDUM OF UNDERSTANDING WITH
CARLSBAD FIREFIGHTERS' ASSOCIATION
TITLE:
I CITY MOR.% )EPT. PER .
RECOMMENDED ACTION:
The City Council adopt:
1. Resolution No. 74~
2. Resolution No. -7dN
3. Resolution No. 762L-i
CTEM EXPLANATION:
Representatives of the Carlsbad Firefighters' Association, Inc.
and the city have reached agreement regarding wages and other
terms and conditions of employment for a period from September 17,
1982 through July 4, 1984. These terms are included in the Memorandum of Understanding herewith submitted to the City Council.
In order to carry out the understanding two additional actions
are needed. The first is a salary schedule which authorizes the compensation adjustments and second a budget amendment per- mitting implementation of the new shift scheduling. Resolutions accomplishing these actions are included.
?ISCAL IMPACT:
This agreement will cost an additional 7.3% or $117,000 per
year, to $234,000 over the life of the memorandum. Funds have been included in the contingency account of the current
budget to carry out this agreement.
CXHIBITS :
1. Resolution No. yB& adopting the Memorandum of Understanding
with Carlsbad Firefighters' Association Inc.
2. Resolution No. 7&=authorizing transfer of funds from the
Contingency Account to Fire Department
budget.
3. Resolution No. 7&,/ adopting Firefighter Salary Schedules
dated October 4, 1982 and July 1, 1983.
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RESOLUTION NO. 7020
A RESOLUTION OF THE CITY COUNCIL OF THE
MEMORAND'JM OF UNDERSTAXDING BETWEEN
CARLSRAD FIREFIGHTERS' ASSOCIATION INC.
CITY OF CARISBAD, CALIFORNIA, ADOPTING A
REPRESENTATIVES OF F'IANAGEMENT AND TEIE
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WHEREAS, representatives of management and the Carlsbad
Firefighters' Association Inc. have been conducting n.egotiations
pursuant to the Meyers-Milias-Brown Act, regarding wages and
other terms and conditions of employment %or the period July 5,
1982 through July 4,, 1984; and
WHEREAS, said representatives have reached agreement which
they desire to subm.it to the City Council for approval; and
WHEREAS, the City Council has determined it to be j.ri the
public interest to accept such an agreement in the form of a
Memorandum of Understanding, marked Exhibit A and incorporated
by reference herein;
NCIW, TEIEREFORE, BE IT RESOLVED by the City Council for the
City of Carlsbad, California, as follows:
1. That the above recitations are true a.nd correct.
2. That the Memorandum of Understanding between the Carlsbad
Firefighters' Association, Inc. and representatives
is hereby accepted.
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PASSED, APPROVED AND ADOPTED at a regular meeting of the
Carl.sbad City Council held on the 21st day of September, 1982,
by the following vote to wit.
AYES :
NOES : None
Council Fmkers Casler, lewis and Anear
ABLENT : Council IQnkrs Chick and Kulchin
ATTEST :
(SEAL)
1
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this 17th
day of --- September -- , 1982, by and between desiqnated management representatives of the City of Carlsbad (hereinafter referred to as the "City") and the desiqnated representatives of the Carlsbad
Firefighters' Association, In.::. (hereinafter referred to as CFA, Inc.
"employees" ) .
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PREAMBLE
It is the purpose of this Memorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious
rcl.ations, cooperation and understandinq between the City management
representatives and the local safety fire emgloye.es covered under
this Memorandurn; to provide an orderly and equitable means of
resolving any misunderstandinqs or differences which may arise under
this Memorandum; and to set forth the agreement of the parties
reached as a result of good faith neqotiations regardins 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 reconmend for City Council approval and implementation.
ARTICLE 1. - - RECOGNITION
The City of Carlsbad recognizes CFA, Inc. as the majority
representative for all classifications in this IJnit, as set forth in
Attachment A of the Petition for Formal Recognition, submit.ted January
28, 1976, in accordance with the provisions of Section 2.43.090 (1) of
the Carlsbad Municipal Code.
ARTICLE 2. IMPLEk ENTAT I ON
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 i.mplement
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 implementation, are fully met; but in no event shall said Memorandum become effective prior to 12:Ol a.m. on July 5, 1982. This Memorandum shall expire
and otherwise be fully terminated at 12:OO Midniqht on July 4, 1984.
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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, durina the period from December 1, 1983, to February
1, 1984, its request to comqence meeting and conferring in good faith. Upon receipt of such written notice, meet and confer shall beqin no
later than March 1, 1984.
Section 2.
Unless the City serves upon CFA, Inc. 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, 1984. Notwithstanding
the above, if federal or state governments take action that has direct effect upon areas which fall within rreet and confer, the City may submit proposals concerning these areas at later dates.
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Section 3.
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 unless
either party gives thirty (30) days notice to terminate subsequent to June 30, 1984.
ARTICLE 5. RETENTION 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.
CITY RIGHTS -- ARTICLE 6. -
The rights of the City include, but are not limited to the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the
procedures and standards 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 by which qovernment operations are to be
conducted; determine the content of job classifications; take all
necessary actions to carry out its mission in emergencies; and
exercise complete control and discretion over its organization and the
technology of performinq its work.
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NO STRIKE AND NO LOCKOUT - ARTICLE 7.
I---II_
A.
B.
C.
D.
No Strike. During the life of this Agreement, neither the
employees nor any agents or representatives will instigate,
promote, sponsor, 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 of the reason for so doing.
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--- Penalty. Any employee engaging in activity prohibited by
Article 7.A., or who instigates or gives leadership to such
activity, shall be subject to disciplinary action.
No Lockout. During the term of this Agreerent, the City will not instigate a lockout over a dispute with the Employees so
long as there is no breach of Section 7.A.
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Association Official Responsibility. Each employee who holds the position of officer of the Employee Association occupies a position of special trust and responsibility in maintaining and brinqinq about compliance with the provisions of this Article, the employees agree to inform its members of their obligations under this Agreement and to direct them to return to work.
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ARTICLE 8. COMPENSATION ADJUSTMENT --_-
The parties agree to recommend that the City Council amend the
existing salary plan adopted by the City Council Resolution No.
to provide for salary increases in the amounts and effective on the dates shown below.
a. Four percent (4%) salary increase effective October 4, 1982.
b. Four percent (4%) salary increase effective July 1, 1983.
e. If during fiscal year 1983-1984 any compensation increase granted by the city to either the Carlsbad Police Officers'
Association or the Carlshad City Employees' Association exceeds the cost of seven percent (7%), the Carlsbad
Firefighters Association, Inc. may reopen negotiations on salary matters only. The request to reopen shall be made within 15 days oE the effective date of the compensation increase to either of the Associations. Changes to the salary schedule, if any, shall become effective January 1, 1984.) This article shall not be construed as a guarantee of
any salary increase. i
ARTICLE 9.
The City and
oompensat ion
- INSURANCE
CFA, Inc. have previously agreed as to the extent and
of the amendment to the City provided insurance benefit program which became effective August I, 1982, which is incorporated into thin aqreement by reference. The parties do hereby agree to the helow amour3f.s of employees insurance costs.
Employee & Employee & Two Employee Only One Dependent - or More Dependents --.
$5,00/month $20.00/month $34.00/month
ARTICLE 10. HOLIDAY PAY -. PERS CONTRIBUTION. ---
?'he parties ar;rree that the present practice of administering holiday pay under Section 15(b) Rule X, Personnel Rules, will be terminated. In lieu of holiday pay the City shall assume payment of two-thirds
(2/3) of each members Public Employee's Retiremnt System contribution of nine percent (9%) of the employee's salary, as provided by Government Code Section 20615. City payment of the two-third
contribution shall commence on the effective date of the agreement.
Parties further aclree that on October 4, 1982, the City shall
reiriiburse two-thirds of the employee's P.E.R.S. contribution of nine
percent (5%) which were made during the period July 1, 1982 to
October 4, 1982. In exchange for the payment, all employees shall relinquish their claims for holiday pay accrued during the period.
Parties agree that eff'ective January 1, 1983, the present work
week will be reduced to fifty-eight (58) hours and organized into
three (3) platoons with a schedule of 4.4 paybacks scheduled per
individual per year.
On January 1, 1984, the work week will be reduced to fifty-six (56)
hours. Non-emergency recall for periods exceeding sixteen (16) hours of a regularly scheduled twenty-four (24) hour work shift shall be
compenszited at straight time for a full twenty-four (24) hours, all
other overtime provisions shall remain unchanged.
Work week reductions shall be accompanied by accrual reduction in sick leave and vacation as shown below.
56 hour work week - 58 hour work week -
1-5 years of service 132 hours .year i 128 hours/year
6-15 years of service 199 hours/year 192 hous/year
16+ years of service 265 hcus/year 256 hours/year
Sick Leave accrual/mo. 11.6 11.2
ARTICLE -- 12. FULL UNDERSTANDING, MODIFICATION, WAIVER -
A. It is the intent of the parties that this Memorandum of Understandinq set forth the full and entire understanding of matters aqreed to upon conclusion of meet and confer sessions which resulted in this Memorandum. Any other matters, not
contained herein, which were addressed durinq 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 durinq 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 recoqnizd that if during such term it may be necessary for
the City to propose changes in matters within the scope of
representation not contained in this agreement, the City shall
notify CFA, Inc., indicatina the proposed chanqe prior to its
implementation. If CFA, Inc. wishes to consult or neqotiate
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 rrutually satisfactory resolution of any problem arisinq as a result of the proposed
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. "Emerqency" shall be defined as an unforeseen circumstance
requiring immediate implementation of the change,
C. Fai.lure by CFA, Inc. to request consultation or negotiations,
pursuant to Paragraph B, shall not be deemed as approval of any action taken by the City.
D. Except as specifically provided in paraqraph R, it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its riqht, and agrees that the other shall riot 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 he 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
Understandinq by either party shall not constitute a precedent in
the future enforcement of all its terms and provisions.
ARTICLE 13. AUTHORT ZED AGENTS - I
For the purpose of administering the terms and provisions of this
Memor an d urn o f Und e r s t and i ng :
A. City's principal authorized agent shall be the City Manager or a
duly auth0rizc.d representative (Address: 1200 Elm Avenue,
Carlsbad, California 92008; Telephone: (714) 438-5561), except
where a particular City representative is specifically designated
in connection with the performance of a specific function or
obliqation set forth herein.
B. CFA, Inc. principal authorized agent shall be its President or
duly authorized representative (Address: 1200 Elm Avenue,
Carlsbad, California 92008; Telephone: (714) 438-5521).
ARTICLE 14. PROVISIONS OF' LAW --
It is underrtood 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 Understandinq 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 shal.1 be suspended an 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.
I
City Attorney
CARLSBAD FIREFIGHTERS ASSOCIATION, IMC.
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WIlEREAS
RESOLUTION NO. 7021
A RESOLUTION OF THE CITY COUNCIL OF THE
SALARY PLAN FOR EMPLOYEES REPRESENTED
BY THE CAKLSBAD FIREFIGHTERS' ASSOCIATION,
INC.,FOIi THE 1982-1983 AND 1983-1984
FISCAL YEARS.
CITY OF CARLSBFiDf CALIFORNIA, ADOPTING
the City Council did on Septmker 21 , 1982, by
Resolution No. 7020 approve the Memorandum of Understanding
between Management and representatives of the Carlsbad FirefiyhterE
Association, Inc., which called for certain salary adjustments:
and
WHEREAS, it is now appropriate in accordance with said
resolution for the City Council to implement said adjustments by
amending the interim salary plan adopted by Resolution No. 6936;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Carlsbad as follows:
1. That the above recitations are true and correct.
2. That the Classification and Salary Range Schedules for
Fire Safety Personnel for Fiscal Year 1982-1983 and 1983-1984 as
set out in Exhj.bit A, attached hereto and made a part hereof, are
hereby adopted as the plans of the City of Carlshad for a.l.1
empl.oyees covered by said schedules for Fiscal Years 1982-1983
and 1983-1984.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 21st day of September, 1982,
by the following vote, to wit:
AYES : Council B’Wbers Casl-eat, Imcis and Anear
NOES : None
ABSENT: Council Wxbers Chick
ATTEST’ :
(SEAL)
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EXhiJIT A
Resolution No. 7021
FIRE DEPARTMENT SALARY SCHEDULE
Biweekly
Effective October 4, 1982
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715.69
733.20
751.61 769.96 789.15
808.36 828.43
849.31
870.19
891.87
913.61 936.17
959.52
1007.1.5
1032.19 1058.05 1083.95
110.67
1138.24
11.65.81
1195.00
982.86
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751.61 769.96
789.15 808.36 828.43
849.31
870.19
891.87
913.61 936 .l7
959.52
1007.15
1032.19 1058.05
982.86
1083.95
1110.67 1138.24
1165.81 1.195.00
1224.23
1254.32
789.15
808.36 828.43
849.31 8?0.19
891.87
913.61
936.17
959.52 982.86
1007.15 1032.19 1058.05 1083.95 1110.67
1138.24 1165.81
1195.00 1224.23
1254.32
1286.01
1317.76
RANGE 35 - Firefighter
35 - Paramedic
39 - Engineer
828.4’3
849.31.
870.19 891.87 913.61
936.17
959.52 982.86
1007.15
1032.19
1058.05
1083.95
1110.67 -1138.24
1165.81
1195.00 1224.23 1254.32 1286.01 1317.76
1350.37
1382.91
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870.19 891.87
913.61
936.17 959.52
982.86
1007.15 1032.19
1058.05
1083.95
1110.67
1.138.24
1165.81
1195.00
1224.23
1254.32
1286.01 1317.76 1350.37 1382.91
1416.38
1451.36
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39 - Fire Prevention Inspector
43 - Captain
FIRE DEPARTMENT SALARY SCHEDUIJZ
Biweekly
Effective July 1, 1983
RANGE A B C D E RANGE ---
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744.32
762.53
781.67
800.76
820.72
840.69
861.57
883.28
905.00
927.54
950.15
973.62
997.90
1022.17
1047.44
1073.48
1100.37
1127.31
1155.10
1183.77
1212.44
1242.80
781.67 820.72
800.76 840.69
820.72 861.57
840.69 883.28 861.57 905.00
883.28 927.54
905.00 950.15
927.54 973.62
950.15 997.90
973.62 1022.17
997.90 1047.44
1022.17 1073.48
1047.44 1100.37
1073.48 1127.31
1100.37 1155.10
1127.31 1183.77
1155.10 1212.44
1183.77 1242.80 1212.44 1273.20
1242.80 1304.49
1273.20 1337.45
1304.49 1370.47
861.57 905.00
883.28 927.54
905.00 950.15
927.54 973.62
950.15 997.90
973.62 1022.17
997.90 1047.44
1022.17 1073.48
1047.44 1100.37
1073.48 1127.31
1100.37 1155.10
1127.31- 1183.77
1155.10 1212.44
1183.77 1242 .. 80
1212.44 1273.20
1242.80 1304.49
1273.20 1337.45
1304.49 1370.47
1337.45 1404.38
1370.47 1438.23
1404.38 ’ 1473.04
1438.23 1509.41
, RANGE 35 - Firefighter 35 - Paramedic i
39 - Engineer 39 - Fire Prevention Inspector
43 - Captain
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the additional costs of this agreement for the remainder of 1982-
RESOLUTION NO. 7022
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFOXNIA, AUTHORIZING
THE TRANSFER OF FUNDS FROM THE CONTINGENCY
ACCOUNT TO THE FIRE DEPARTMENT TO COVER
ADDITIONAL COSTS OF THE 1982 MEMORANDUM OF UNDERSTANDING. -
WHEREAS, the City of Carlsbad and the Carlsbad firefighters'
Association, Inc. has reached an agreement as described in the
Memorandum of Understanding dated the 17th day of September,
1982; and
WHEREAS, the Fire Department budget is insufficient to cover
and
WHEREAS, the estimated cost of this agreement of $117,000
can be funded transfer from the Contingency Account to the
Fire Department budget; and
WHEREAS, the Memorandum of Understanding requires an addition
of one firefighter position and two promotions to implement work
week changes; and
WHEREAS, this transfer would decrease the Contingency Account
balance from $1,190,722 to $1,073,722;'
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the
City of Carlsbad, that the amount o'f $117,000 is hereby tranferred
from the Contingency account to the Fire Department budget as
follows: i
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ACCOUT;IT NO. ACCOUNT TITLE,'
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01-22-10-L400 Fire Zk3ninistration Overhead 16,798 3 , 231 20 , 029
01-22-20-1100 Suppression reg. salary 873,139 42 , 193 915 , 332
01-22-20-1200 ovem 87,300 (45 , 400) 41,900
01-22-20-1400 Over he ad 274 , 087 82,308 356 , 395
01-22-30-1100 Preventim reg. salq 68,456 7,053 75 , 509
01-22-30-1400 Overhead 21,438 6,267 27,705
01-22-40-1100 mrgency Ed. reg. sal-ary 258,942 13 , 012 271,954
01-22-40-1200 overt* 28,000 (14,400! 13 , 600
01-22-40-1400 Overhead 80 , 958 22 , 736 103 , 694
01-19-50-2470 Gmtingency 1,183,225 (117,000) 1,066,225
mrAI, TRNJSFER AEx)Tc3NT 2 , 892 , 313 -0- 2 , 892 , 343
PASSED, APPROVED, AND ADOPTED at a regular meeting of the City
zouncil of the City of Carlsbad, California, on the 21st day of
;epteIr.be.r, 1982 by the following vote, to wit:
Council b@rrkrs Caslei, Lewis and Aneclr AYES :
NOES : None
ABSENT: Council Mbers Chick
MARY H.&ASLER, Mayor
\TTE S T :
(SEAL)