HomeMy WebLinkAbout1993-05-11; City Council; 12214; MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF CARLSBAD AND THE CARLSBAD FIREFIGHTERS' ASSOCIATION , INC.9 0 E a %
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Modification of the Retention of Benefits clause.
a* The City agrees to apply funds from its health insurance reserves so
that employees will experience no increase in the employee
contribution to health insurance during calendar years 1993 and
1994.
The agreement provides that the parties will meet and confer on the
subject of a salary adjustment beginning December 1993. Upon
mutual agreement, the parties may reopen discussions at either an
earlier or a later date.
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PAGE 2 OF AB # 12,2./y
FISCAL IMPACT:
The cost of linen provision, maintenance, and replacement as outlined in
Article 12 of the MOU is estimated at $4,000. The funding of this cost is
anticipated in the proposed FY 1993194 Fire Department budget. The Fire
Department will continue its existing practice regarding linen service
through June 30, 1993.
There is no direct additional cost associated with the proposed
implementation of the trial 9/80 work schedule. However, the potential
impact from the modification of the work schedule will be a service level
issue which will be managed and will result in no reduction in service to
the public. The parties have agreed that the 9/80 work schedule will be
implemented on a trial basis and that an evaluation will be conducted to
determine whether the 9/80 work schedule will be adopted or
discon ti nued e
The estimated cost of funding the health insurance increases in calendar
years 1993 and 1994 is $16,000 for the employees’ share of the increase
and $80,000 for the City’s share. This increased cost is based on trend
assumptions in health care costs as determined by Towers Perrin, the
City’s health care consultants. The costs will be funded from the Health
Insurance Fund balance which was approximately $1.3 million.
EXHIBITS:
Resolution No. 93- I 3.9
between the City of Carlsbad and the Carlsbad Firefighters’ Association,
he.
adopting the Memorandum of Understanding
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RESOLUTION NO. 93-1 33
A RESOLUTION OF THE CITY COUNCIL OF THE
ClTV OF CARLSBAD, CALIFORNIA, ADOPTING A
MEMORANDUM OF UNDERSTANDING BETWEEN
REPRESENTATIVES OF MANAGEMENT AND THE
CARLSBAD FIREFIGHTERS’ ASSOC IATION. INC.
WHEREAS, representatives of management and the Carlsbad
Firefighters’ Association, Inc., have met and conferred in good faith
pursuant to the Meyers-Millias-Brown Act regarding wages and other
terms and conditions of employment from April 1992 through
February 1993; and
WHEREAS, said representatives have reached agreement which
they desire to submit to the City Council for consideration and
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;
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WHEREAS, the costs of the health insurance increases during
the term of this Memorandum of Understanding will be covered by
the fund balance in the Health Insurance Fund.
NOW, THEREFORE, BE IT RESOLVED by the City Council for the
City of Carlsbad, California, as follows:
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1.
2.
That the above recitations are true and correct.
That the Memorandum of Understanding between the
Carlsbad Firefighters’ Association, Inc., and representatives of
management is hereby accepted.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 11th day of MAY ?
1993: by the following vote, to wit:
AYES:
NOES: None
ABSENT: None
Council Members Lewis, Stanton, Kulchin, Nygaard, Finnila
&[& UDE A. LE IS, Mayor
ATTEST:
f*
ALETHA L. RAUTENKRANZ, City Clerk
(SEAL)
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EXHIBIT A, RESOLUTION NO. 93-133
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this 13th day
of MAY , 1993, 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
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. 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 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
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the membership of CFA, Inc.
manner to make the changes in City ordinances, resolutions, rules,
policies, and procedures necessary to implement this Memorandum.
ARTICLE 8. TERM
The term of this Memorandum of Understanding shall be from January 1,
1993, through December 31, 1994.
As of January 1, 1993, the terms of this Memorandum of Understanding
will supersede the provisions of Resolution No. 89-264 adopted by the
City Council of the City of Carlsbad on August 1, 1989.
ARTICLE 4. PENEGOTIATION
In the event either party desires to meet and confer in good faith on the
terms of a successor Memorandum of Understanding, that party shall serve
upon the other a notice of such intent approximately one hundred twenty
(120) days prior to expiration of the Memorandum of Understanding. Not
At such meeting, the parties will decide on a date for the mutual exchange
of the issues each wishes to address during the meet and confer process.
Such exchange shall occur not more than thirty (30) days after such
meeting v
ARTICLE 5. RETENTION OF BENEFITS
The employees represented by CFA, Inc., shall retain all present benefits
for the term of this agreement, as amended by this Memorandum, with the
exception of the following subjects which the City may elect to utilize to
address fiscal difficulties it faces now or in the future:
It is agreed that the City will act in a timely
more than thirty (30) days following such notice the parties shall meet.
e Matters That Fall Within the Scope o f Representation:
The City agrees to give advance notice and opportunity to meet
and confer on the subject of current wage levels and benefits,
as matters which fall within the scope of representation,
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before taking any action impacting employees within the
bargaining unit.
0 Manaaement Riahts:
The City’s decisions regarding staffing levels, station
closures, layoffs, reorganization, and furloughs which the City
or in the future, are management rights. Nevertheless, the
City agrees to give advance notice and the opportunity to
discuss these subjects before taking any action impacting
employees within the bargaining unit.
may elect to utilize to address fiscal difficulties it faces now
ARTICLE 6 . CITYRIGHTS
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.
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B. Penaltv. Any employee engaging in activity prohibited by Article
TA., or who instigates or gives leadership to such activity, shall be
subject to disciplinary action.
No i.ockout. 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.
C.
D. Association Official Resbonsi bilitv. 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& CO MPENSATION ADJUSTMENTS
The parties agree that they will meet and confer on the subject of a salary
adjustment beginning December 1993. Upon mutual agreement, the parties
may reopen discussions at either an earlier or a later date. The effective
date of the adjustment will be a subject of meeting and conferring.
ARTICLE 9. BEREAVEMENT LEAVE
An employee may use up to two shifts (48 hours) of paid leave if required
to be absent from duty due to the death of a member of the employee’s
immediate family. The usage of bereavement leave, however, is limited to
three consecutive days which may or may not include a scheduled shift(s).
Additional time off may be authorized by the department head and charged
to accrued vacation or treated as leave without pay.
The “immediate family” shall be defined as: spouse, child, parent,
sibling, grandparents; the aforementioned either naturaf, step or in-
law, or any person over which the employee acts as legal guardian,
or a verifiable current member of the immediate household.
The employee may be required to submit proof of relative’s death before
being granted paid leave.
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ARTICLE 10. LONG TERM DISABILITY
During the term of this Memorandum, City agrees to continue to provide
long term disability insurance. Said insurance shall provide for a thirty
(30) day waiting period prior to payment eligibility.
said insurance shall continue unchanged.
ARTICLE 11. ANNUAL V ACATION LEAVE
The City and CFA, lnc., agree to continue the following annual vacation
leave schedule:
In all other respects,
1 through 5 full calendar years of continuous service - 128 hours
6 through 10 full calendar years of continuous service - 192 hours
10 through 11 full calendar years of continuous service - 205 hours
I 1 through 1 2 full calendar years of continuous service - 21 8 hours
12 through 13 full calendar years of continuous service - 231 hours
13 through 15 full calendar years of continuous service - 244 hours
16 and over full calendar years of continuous service - 256 hours
ARTICLE 12. LINEN PROVISION. MAINTENANCE. AND REPLACEMENT
The City agrees to provide one set of bed linen and two towels per person
for all shift personnel. To assist in maintenance, all fire stations will be
equipped with washing machines and dryers; shift personnel will be
responsible for maintaining their own linens and towels.
The City agrees to replace linens and towels on an “as needed” basis, with
a maximum replacement of once per calendar year.
ARTICLE 13. HEALTH INSURANCE
The City agrees to apply funds from its medical insurance reserves so that
employees with coverage under either Northwestern or Kaiser will not pay
more than the following contributions during calendar year 1993 and
calendar year 1994:
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Month Iv
Emplovee Con t r i bu tioq lhhxw.Y Nweste rn Kaiser
Employee Only 37.00 27.42
Employee + 1 Dep. 87.06 54.82
Employee w/2 Dep. 1 14.56 77.62
Effective January 1, 1995, employees may be required to pay more than
the above amounts.
During calendar year 1993, the City and employee representatives will
meet to review uses of the medical reserves. Such meetings will also
cover the review of recommendations of Towers Perrin, the City’s benefit consultant, regarding possible benefit restructuring, including evaluation
of a cafeteria plan.
participate in such meetings.
ARTICLE 14. CO M MU N I CATIONS
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 shall observe the following scheduled paid holidays, consistent
with the annual holiday schedule published by the Human Resources
Department:
The City’s benefit consultant Towers Perrin may
New Year’s Day Columbus Day
Lincoln’s Birthday Veteran’s Day
Was hi ng ton’s Birthday Thanksgiving
Memorial Day Thanksgiving Friday
Independence Day Christmas Day
Labor Day One (1) Floating Holiday
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Employees working a 56 hour work week 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 holiday occurs. The floating holiday will be
compensated during the pay period inclusive of April 15.
Employees working a 40 hour work week will observe the scheduled paid
holidays listed above, and will be allowed to use the floating holiday at
the discretion of the employee upon prior approval of the Department Head.
ARTICLE 16. FLEXIBLE WORK SCHEDULE FOR FIRE PREVENTION OFFICERS
9/80. Alternative Work Schedule:
The parties acknowledge that they met and conferred in good faith over
the terms and conditions for implementation of a 9/80 work schedule for
the Fire Prevention Officers. The result of that meeting and conferring is
reflected in the City of Carlsbad’s Administrative Order No. 57, by which
the parties will control implementation of the 9/80 schedule. It is agreed
that the 9/80 schedule will be implemented on a trial basis for a
minimum period of nine (9) months and that an evaluation will be
conducted to determine whether the 9/80 will be adopted.
shall not be subject to the grievance procedure.
ARTICLE 17. AMERICANS WITH DISABILITIES ACT
The parties acknowledge the applicability of the Americans With
Disabilities Act (ADA) and intend to apply and implement this MOU so as to
comply with the ADA. The parties agree to consult if compliance with the
ADA may require modifying the provisions of this MOU.
ARTICLE 18. FAMILY LEAVE ACT
The parties acknowledge the applicability of the Family Leave Act (Act)
and intend to apply and implement this MOU so as to comply with the Act.
The parties agree to consult if compliance with the Act may require
modifying the provisions of this MOU.
This article
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ARTICLE 19. 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.
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, lnc., indicating the proposed change prior to its
implementation.
the City regarding the matter, CFA, Inc., shall notify the City within
five (5) working days from the receipt of such notice. Upon receipt
Po 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.
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.
B.
if CFA, Inc., wishes to consult or negotiate with
of such notice, the parties shall meet promptly in an earnest effort
However, the City shall notify
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6. 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 in this Memorandum of
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.
D.
Understanding, it is agreed and understood that each party hereto
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.
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.
F.
ARTICLE 20. 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 Carlsbad Village Drive,
Carlsbad, California 92008; Telephone (61 9) 434-2852, except
where a particular City representative is specifically designated in
connection with the performance of a specific function or obligation
set forth herein.
CFA, he., principal authorized agent shall be its President or duly
authorized representative. Address: 1200 Carlsbad Village Drive,
Carlsbad, California 92008; Telephone: (619) 434-21 41.
B,
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ARTICLE 21. 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
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Appr Y d as to form: [LQ* ------------____-- L
RONALD R. BALL, City Attorney 5. (4.9 3.
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
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