HomeMy WebLinkAbout1987-08-11; City Council; 9131; CFA MOUr,. I
CIT OF CARLSBAD - AGEND - BILL
TITLE: MEMORANDUM OF UNDERSTANDING WITH I- CARLSBAD FIREFIGHTERS ’ ASSOCIATION RB# 913f
bmwn 8-11-87 I MIU.
RECOMMENDED ACTION:
Adopt Resolution No. approving a Memorandum of Understanding with the Carlsbad Firefighters’ Association, and Resolution No. 9 /9p adopting the Fire Department Sal ary Schedul e.
9/97
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 two year period beginning July 27, 1987 through July 1, 1989.
The agreement provides for the following salary increases:
July 27, 1987 5% for all fire employees.
July 1, 1988 Salary survey of top step firefighter with 7 selected
cities.
FISCAL IMPACT
The agreement provides for salary adjustments effective July 27, 1987. The cost of
these salary adjustments during the current fiscal year 1987-88 is $98,793 . This amount will be transferred from the contingency fund to the Fire Department account.
The contingency fund balance will be $1~831~930 .
EXHIBITS
1. Resolution No. 9/97 .
2. Resolution No. 0//98(.
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RESOLUTION NO. 9197
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
WHEREAS, representatives of management and the Carl sbad Firefighters'
Association, Inc., have been conducting negotiations pursuant to the Meyers-
Millias-Brown Act, regarding wages and other terms and conditions of employment
for the period July 27, 1987 through July 1, 1989; 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 Carl::;:
Firefighters' Association, Inc., and representatives of management is
hereby accepted.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of
the City of Carlsbad on the 11th day of August, 1987, by the following vote, to
wit:
AYES :
NOES :
ABSENT:
ATTEST:
Council Members Lewis, Kulchin, and Mamaux
None
Council Members Pettine and Larson
CLAUDE A. LEWIS, Mayor
(SEAL)
EXHIBIT A, RESOLUTION NO. 9 / 9 7
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this 27th day of
July, 1987, 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, 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 re1 at i ons, 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 January 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 i n Ci ty ordi nances , resol uti ons , rul es, pol ici es 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 8 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 July 27, 1987. This memorandum shall expire and otherwise be fully terminated at 12:OO midnight on July 1, 1989.
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, 1988, to February 1, 1989, its
request to commence meeting and conferring in good faith. Upon receipt of such written notice, meet and confer shall being no later than March 1, 1989.
Section 2.
Unless the City services 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, 1989. 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 June 30, 1989.
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.
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.
Penalty. Any employee engaging in activity prohibited by Article 7.A., or who instigates or gives leadership to such activity, shall be subject to di sci pl i nary action.
C. No Lockout. During the term of this Agreement, the City will not
B.
instigate a lockout over a dispute with the Employees so long as there is no breach of Section 7.A.
D. Association Official ResDonsibilitv. 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. COMPENSATION ADJUSTMENTS
The parties agree to recommend that the City Council amend the existing salary plan adopted by the City Council Resolution No. 7610 to provide for salary increases in the amounts and effective on the dates shown below.
A. 1. Five percent (5%) salary increases for all represented classifications effective July 27, 1987.
B. Additional adjustments effective July 1, 1988 for all -represented classifications shall be made pursuant to a survey of salaries in the cities of Chula Vista, El Cajon, Encinitas, La Mesa, San Diego, Oceanside and Santee. The survey shall be conducted and implemented as provided bel ow.
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The survey will be conducted during the month of July, 1988.
The survey will be conducted jointly.
The survey will determine the top merit step salary in the above jurisdictions for the cl assi f ications of firefighter.
If any of the above agencies has not concluded its negotiation process by July 31, 1988 and has not set salary rates for the ensuino fiscal year, then that agency shall be excluded from the survey.
The City of Carlsbad shall not be included in the survey or in any of the averaging discussed below.
Once the above survey has been conducted, salary adjustments will be made based on the following provisions:
6. The salary schedule of the classification of Firefighter shall be adjusted such that the top salary step shall be equivalent to the average of the top merit steps of the corresponding classification in the survey conducted pursuant to the provisions above. Following each adjustment of the top step other steps shall be adjusted so as to maintain the pre-existing separation between steps.
7. The classifications of Fire Engineer and Fire Captain shall receive salary adjustments so as to maintain their prior separation in ranks between their classifications and that of Firefighter.
8. In no event will any employee suffer a decrease in salary on account of application of the survey formula set forth herein.
9. In the event that the salary adjustments for any classification are less than one percent (1%) of salary when the survey formula is applied hereunder, the City shall not be under any obligation to adjust salary for that classification.
ARTICLE 9. EDUCATIONAL INCENTIVE COMPENSATION
Parties agree that the Educational Incentive Program shall cease on July 27, 1987.
ARTICLE 10. PUBLIC EMPLOYEE RETIREMENT SYSTEM
Parties agree to the following change in the applicable coverage of the Public Employees’ Retirement System.
A. On September 21, 1987 the City shall assume payment of an additional one percent (1%) of each member’s P.E.R.S. contribution as provided by Government Code Section 20615.
B. On December 28, 1987 the City shall assume payment of the remaining two percent (2%) of each member’s P.E.R.S. contribution as provided by Government Code Section 2061 5.
C. The City shall initiate timely action to implement the provisions of Section 20024.2 of the Retirement Law, One Year Final Compensation For Local Fire Members.
ARTICLE 11. RESIDENCY
Parties agree that any and all departmental residency requirements are eliminated.
ARTICLE 12. OVERTIME
Parties agree that in accordance with the Fair Labor Standards Act, 1938 hours worked in excess of 53 hours per week, or part of 182 hours in a 24 day work period, will be paid at time and one half the regular rate on the first payday following the period during which it was earned.
Industrial sick leave, travel time to and from work and trade or stand in early re1 ief time will not count toward overtime.
Only overtime worked during a pay period before an individual is placed on industrial sick leave can count as overtime for that pay period.
ARTICLE 13. INSURANCE
The City and CFA, Inc., agree that insurance premium costs will be apportioned so eighty percent (80%) of premium payment costs are borne by the City and twenty percent (20%) borne by represented individuals.
ARTICLE 14. COMMUNICATIONS
The parties agree to continue meeting at least once each month during the term of this agreement for the purpose of continuing communications on subjects of mutual concern.
ARTICLE 15. HOLIDAYS
The City agrees to observe eleven (11) scheduled paid holidays per year, listed below. Represented employees 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 hol iday occurs.
Labor Day Columbus Day Veteran’s Day Thanksgiving Day Thanksgiving Friday Christmas Day
New Year’s Day Lincoln’s Birthday Washington’s Birthday Memorial Day Independence Day Labor Day Columbus Day Veteran’s Day Thanksgiving Day Than ksg i vi ng Friday Christmas Day
New Year‘s Day Lincoln’ s Birthday Wash i ng t on ’ s Bi r t hday Memorial Day
- 1987
Mon . Mon. Wed. Thurs. Fri. Fri.
- 1988
Fri. Fri. Mon . Mon . Mon. Mon. Mon. Fri. Thurs. Fri. Mon.
- 1989
Mon . Mon. Mon . Mon .
Sep. 7 Oct. 12 Nov. 11 Nov. 26 Nov. 27 Dec. 25
Jan. 1 Feb. 12 Feb. 15
May 30 Jul. 4 Sep. 5 Oct. 10 Nov. 11 Nov. 24 Nov. 25 Dec. 26
Jan. 2 Feb. 13 Feb. 20
May 29
ARTICLE 16. 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. 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 emergency. "Emergency" shall be defined as an unforeseen circumstance requiring immediate implementation of the change.
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 herein in paragraph B, 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, a1 teration, 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 Counci 1 .
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 17. AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Memorandum of Understandi ng :
A. City's principal authorized agent shall be the City Manager or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, Cal ifornia 92008; Telephone (619) 434-2859), except where a particular City representative is specifically designated in connection with the performance of a specific function or ob1 igation set forth herein.
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B. CFA, Inc., principal authorized agent shall be its President or duly authorized representative (Address: 1200 Elm Avenue, Carl sbad, Cal ifornia 92008; Telephone (619) 434-2141).
ARTICLE 18. 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 C4Ql
Approved as to fo
CARLWD FIREFIGHTERS’ ASSOCIATION, INC.
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RESOLUTION NO. 9198
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, ADOPTING THE SALARY PLAN FOR EMPLOYEES REPRESENTED BY THE CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC., FOR FISCAL YEAR
1987-88 AND FISCAL YEAR 1988-89
WHEREAS, the City Council did by Resolution No. 9 19 7 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.
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 Pers:
for fiscal years 1987-88 and 1988-89 as set out in Exhibit A, attached hereto
and made a part hereof, are hereby adopted.
3. That $ 98, 793 is hereby appropriated from the contingency fund to
the fire department salary and benefit accounts to implement the salary
adjustments beginning July 27, 1987 for fiscal year 1987-88.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of
the City of Carlsbad on the 11th day of August, 1987, by the following vote, to
wit:
AYES: Council Members Lewis, Kulchin, and Mamaux
NOES: None
ABSENT: Council Members Pettine and Larson
ATS'ES'I :
(SEAL)
Exhibit A
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1016
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1784
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RANGE 35 - FIREFIGHTER
35 - FIREFIGHTER PARAMEDIC
39 - ENGINEER
39 - FIRE PREVENTION INSPECTOR
41 - PARAMEDIC FIREFIGHTER
45 - CAPTAIN
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