HomeMy WebLinkAbout1984-05-15; City Council; N/A; CFA MOUAB#
MTG. 5/15/84
DEPT. PER
RECOMMENDED ACTION:
DEPTm HDD&
JITLE
MEMORANDUM OF UNDERSTANDING WITH CITY ATTY
CITY MG&- CARLSBAD FIREFIGHTERS' ASSOCIATION
Adopt Resolution No.7 t!~ 07 approving a Memorandum of Understanding with the Carlsbad Firefighters' Association and;
Resolution No. 7b/O , adopting salary schedules and approving
a fund transfer.
I EXHIBITS:
ITEM EXPLANATION:
Representatives of the Carlsbad Firefighters ' Association (CFA)
and the City have reached a new agreement regarding wages and other terms and conditions of employment for a three year period
beginning July 1, 1984 through July 1, 1987.
In addition the City and CFA have reached agreement regarding a reopener provision in the existing contract concerning salary
adjustments beginning January 2, 1984.
The agreement provides for the following salary increases:
January 2, 1984 3% for firefighters and engineers.
8% for fire captains and
paramedics.
July 2, 1984 3% for all fire employees.
July 1, 1985 6% for all fire employees.
July 1, 1986 5% for all fire employees.
FISCAL .IMPACT:
The agreement provides for salary adjustments effective
January 2, 1984. The cost of these salary adjustments during
the current fiscal year 1983-84 is approximately $42,000 which must be appropriated from the contingency account.
The additional cost of this agreement during the 1984-85 fiscal year is estimated at $60,478.
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1. Resolution No.7607 adopting the Memorandum of Understanding with Carlsbad Firefighters' Association, Inc.
2. Resolution .No, 76 /O adopting Firefiqhter Salary Schedules and approving a fmd- transfer.
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RESOLUTION NO. 7609
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARI;ISBAD, CALIFORNIA, ADOPTING
A MEMORANDUM OF UNDERSTANDING BETWEEN REPRESENTATIVES OF MANAGEMENT AND THE
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
WHEREAS, representatives of management and the Carlsbad
Firefighters' Association, Inc., have been conducting negotiations
pursuant to thi Meyers-Milias-Brown Act, regarding wages and
other terms and conditions of employment for the period July 1,
1984 through July 1, 1987; 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
Memorandum of Understanding, marked Exhibit A and incorporated
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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 15th day of May 1984, by the
following vote to wit:
AYES :
NOES: None
ABSENT : Council Menker Kulchin
Council MmberS Casler, lkwis, CXkk and Presmtt
z7 de&&-
RY H. CASLER, Mayor
ATTEST :
ALETHA L. RAUTENKRANZ, City ClEfrk
( SEAL)
2.
EXHIBIT A, REF4TaUTION NO. 7609
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this 30th
day of April, 1984, by and between designated management
representatives of the City of Carlsbad (hereinafter referred to as
the and the designated representatives of the Carlsbad
Firefighters' Association, Inc. (hereinafter referred to as CFA, Inc.
"employees").
PREAMBLE
It is the purpose of this Memorandum of Understanding (hereinafter
referred to as "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
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
representative for all classifications in this Unit, as set forth in
Attachment A of the Petition for Formal Recognition, submitted 3anuary
28, 1976, in accordance with the provisions of Section 2.43.090 (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 implementation,
are fully met; but, except for the provisions of Article 10 which
shall be effective immediately upon Council approval of this
memorandum, in no event shall this memorandum become effective prior
to 12:Ol a.m. on 3uly 1, 1984. This memorandum shall expire and
otherwise be fully terminated at 12:OO midnight on 3uly 1, 1987.
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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, 1986, to February
1, 1987, 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, 1987.
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, 1987. 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 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
3une 30, 1987.
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.
ARTICLE 6. CITY RIGHTS
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 government 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 performing its work.
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ARTICLE 7. NO STRIKE AND NO LOCKOUT
A. 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.
B. 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.
C. No Lockout. 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 Responsibility. Each employee who holds the
position of officer of the Employee Association occupies a
position of special trust and responsibility in maintaining and
bringing 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.
ARTICLE 8. INSURANCE
The City and CFA, Inc., agree that the existing apportionment of costs
of insurance premiums will continue during the term of this Memorandum
of Understanding. The parties do further agree that any insurance
CFA, Inc. members.
cost increases shall be born equally by the City and the individual v(
ARTICLE 9. UNIFORM CLOTHING
On 3uly 1, 1985, the City shall begin providing uniform outer clothing
presently required to be provided by the individual employee. Those
items of uniform clothing in use on 3uly 1, 1985 shall continue in use
until determined to be unserviceable by the Fire Chief, at which time
he shall direct their replacement. The determination of quantity,
design, color, method of providing and quality shall be the
responsibility of the Fire Chief. The Fire Chief shall consult with
the representatives of the Carlsbad Firefighters Association, Inc.
before determining these standards. The primary criteria for
establishing standards shall be employee safety.
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ARTICLE 10. COMPENSATION AD3USTMENTS
The parties agree to recommend that the City Council amend the
existing salary plan adopted by* the City Council Resolution No. 7021
to provide for salary increases in the amounts and effective on the
dates shown below.
A. 1. Three percent (3%) salary increases for all represented
classifications effective 3anuary 2, 1984.
2. In addition to the above increase, Fire Captains will receive
an additional five percent (5%) increase effective January 2,
1984.
3. That at the time of the first recertification as a paramedic,
an incentive pay of five percent (5%) of base pay shall be
granted. Present employees serving as paramedics who have
been first recertified within two years before the date of
this agreement shall be granted this increase effective
3anuary 2, 1984. The incentive will continue as long as an
employee serves as a paramedic. This incentive shall be
granted for the first recertification only.
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8. Three percent (3%) salary increase for all represented
classifications effective 3uly 2, 1984.
C. Six percent (6%) salary increase for all represented
classifications effective at the beginning of the pay period
closest to 3uly 1, 1985.
0. Five percent (5%) salary increase for all represented
classifications effective at the beginning of the pay period
closest to 3uly 1, 1986.
ARTICLE 11. 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 from 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.
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B.
C.
0.
E.
F.
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 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. 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.
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.
Except as specifically provided herein in paragraph 8, 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.
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.
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ARTICLE 12. 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: (619) 438-5561), 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
duly authorized representative (Address: 1200 Elm Avenue,
Carlsbad, California 92008; Telephone: (619) 438-5511).
ARTICLE 13. 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 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.
CITY OF CARLSBAD
Frank D. Aleshire, City Manager
Approved as to form:
CARLSBAD FIREFIGHTERS ASSOCIATION, INC.
Marc Rkvere, Prekident
A
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WHEREAS, the City Council did on May 15, 1984, by Resolution
No. 7609 approve the Memorandum of Understanding between
Management and representatives of the Carlsbad Firefighters'
Association, Inc., which called for certain salary adjustments; and
WHEREAS, additional funds will need to be appropriated to
implement the Memorandum of Understanding; and
WHEREAS, it is now appropriate in accordance with said
resolution for the City Council to implement said adjustments by
amending the salary plan adopted by Resolution No. 7021;
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 Years 1984-85, 1985-86, and
1986-87 as set out in Exhibit A, attached hereto and made a part
hereof, are hereby adopted as the plans of the City of Carlsbad
for all employees covered by said schedules for Fiscal years
1984-85, 1985-86, and 1986-87.
3. That $42,000 is hereby appropriated from the unappropriated
general fund balances to the fire department salary accounts to
implement the salary adjustments beginning January 2, 1984 for
the 1983-1984 fiscal year.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 15th day of May, 1984, by
the following vote to wit:
AYES:
NOES: None
ABSENT: Council Men&er Kulchin
Council l4mbe.r~ Casler, Iewis, Chick and Prescott
diis,,,
SLER, Mayor
ATTEST :
04 ffGIAL ALETW RAUTENKRANZ, City gerk
FIRE DEPARTMENT SALARY SCHEDULE
Biweekly
Effective 3anuary 2, 1984
Dollars
RANGE A B C D E. RANGE
35 767 805 845 887 932 35 36 786 825 866 910 956 36 37 805 845 887 932 978 37 38 825 866 910 956 1003 38 39 845 887 932 978 1028 39
40 866 910 956 1003 1053 40 41 887 932 978 1028 1079 41 42 910 956 1003 1053 1106 42 43 932 978 1028 1079 1133 43
44 956 1003 1053 1106 1161 44
45 978 1028 1079 1133 1189 45
46 1003 1053 1106 1161 1219 46 47 1028 1079 1133 1189 1249 47 48 1053 1106 1161 1219 1280 48 49 1079 1133 1189 1249 1312 49
50 1106 1161 1219 1280 1344 50
51 1133 1189 1249 1312 1377 51
52 1161 1219 1280 1344 1411 52
53 1189 1249 1312 1377 1446 53
54 1219 1280 1344 1411 1482 54
55 55 1249 1312
56 1280 1344 141 1 1482 1556 56
1377 1446 1518
RANGE 35 - Firefighter
35 - Paramedic
39 - Engineer
39 - Fire Prevention Inspector
45 - Captain
FIRE DEPARTMENT SALARY SCHEDULE
Biweekly
Effective 3uly 2, 1984
Dollars
RANGE A B C D E R
35 790 830 872 916 962
36 810 851 894 939 986 37 830 872 916 962 1010
38 851 894 939 986 1035
39 872 916 962 1010 1061
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
894
916
939 962
986
1010
1035
1061
1087
1114
1141
1170
1198
1229
1258
1290
1321
939
962
986
1010
1035
1061
1087
1114
1141
1170
1198
1229
1258
1290
1321
1355
1387
986
1010
1035 1061
1087
1114
1141
1170
1198
1229
1258
1290
1321
1355
1387
1423
1456
1035
1061
1087
1114
1141
1170
1198
1229
1258
1290
1321
1355
1387
1423
1456
1494
1529
1087
1114
1141
1170
1198
1229
1258
1290
1321
1355
1387
1423
1456
1494
1529
1568
1605
RANGE 35 - Firefighter
35 - Paramedic
39 - Engineer
39 - Fire Prevention Inspector
NGE
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
-
45 - Captain
3% ATB
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FIRE DEPARTMENT SALARY SCHEDULE
Biweekly
Effective 3uly 1, 1985
Dollars
RANGE A 8 C D E RANGE
35 837 879 923 969 1017 35
36 858 901 946 993 1043 36 37 879 923 969 1017 1068 37
38 90 1 946 993 1043 1095 38
39 923 969 1017 1068 1121 39
40
41 42
43
44
946
969
993
1017
1043
993
1017
1043
1068
1095
1043
1068
1095
1121
1150
1095
1121
1150
1177
1208
1150
1177
1208
1236
1268
40
41
42
43
44
45
46 47
48
49
1068
1095
1121
1150
1177
1121
1150
1177
1208
1236
1177
1208
1236
1268
1298
1236
1268
1298
1331
1363
1298
1331
1363 1398
1431
45
46
47
48
49
50
51
52
53
54
1208
1236
1268 1298
1331
1268
1298
1331
1363
1398
1331
1363
1398
1431
1468
1398
1431
1468
1503
1541
1468
1503
1541
1578
1618
50
51
52
53
54
55
56
1363
1398
1431
1468
1503
1541
1578
1618
1657
1699
55
56
RANGE 35 - Firefighter
35 - Paramedic
39 - Engineer
39 - Fire Prevention Inspector
45 - Captain
6% AT8
.:- :A
FIRE DEPARTMENT SALARY SCHEDULE
Biweekly
Effective 3uly 7, 1986
Dollars
RANGE A B C D E RANGE
35 879 922 968 1016 1067 35
36 90 1 946 993 1043 1095 36
37 922 968 1016 1067 1120 37
38 946 993 1043 1095 1150 38
39 968 1016 1067 1120 1176 39
40 993 1043 1095 1150 1208 40
41 1016 1067 1120 1176 1235 41
42 1043 1095 1150 1208 1268 42
43 1067 1120 1176 1235 1297 43
44 1095 1150 1208 1268 1331 44
45
46
47
48
49
50
51
52
53
54
55
56
1120
1150
1176
1208
1235
1268
1297
1331
1362
1398
1430
1468
1176
1208
1235
1268
1297
1331
1362
1398
1430
1468
1502
1541
1235
1268
1297
1331
1362
1398
1430
1468
1502
1541
1577
1618
1297
1331
1362
1398
1430
1468
1502
1541
1577
1618
1656
1699
1362
1398
1430
1468
1502
1541
1577
1618
1656
1699
1739
1784
RANGE 35 - Firefighter
35 - Paramedic
39 - Engineer
39 - Fire Prevention Inspector
45
46
47
48
49
50
51
52
53
54
55
56
45 - Captain
5% AT8