HomeMy WebLinkAbout1995-03-07; City Council; 13056; MEMORANDUM OF UNDERSTANDING WITH CARLSBAD FIREFIGHTERS' ASSOCIATIONe g* 8 fx @, 3
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CITY’ CARLSBAD - AGEND~ILL r‘J 65
AB # !!I d3h TITLE:
MTG, 3-7-95 MEMORANDUM OF UNDERSTANDING WITH CARLSBAD
FIREFIGHTERS‘ ASSOClATlON DEPT. HR
RECOMMENDED ACTION:
Adopt Resolution No.95-56 approving a Memorandum of Understanding with the Carlsbad
Firefighters’ Association. - CITY MGR~
Representatives of the City and the Carlsbad Firefighters’ Association, Inc. (CFA) have met and
conferred in good faith and have reached an agreement regarding wages, hours, and other terms
and conditions of employment for fire employees. The term of the Memorandum of
Understanding with CFA shall be from January 1, 1995, through December 31, 1996, and
includes the following:
a The MOU specifies that all CFA represented employees will receive a three percent
(3%) salary increase effective January 1, 1995. This increase will be retroactive to
January 1, 1995. . Effective January 1, 1996, all represented employees will receive a two percent (2%)
salary increase. In addition, all fire captains and fire engineers will receive an
additional 1 .l% increase on January 1, 1996.
Health insurance rates will be held constant for the duration of this contract, with both
parties acknowledging that fire employees may be required to pay more than the current
contribution levels after January 1, 1997.
On or before June 30, 1995, several enhancements will be made to the City’s health
insurance program. These include: 1) dental insurance through Northwestern National
Life Insurance for Kaiser enrollees, 2) enhanced vision coverage for represented
employees covered under Northwestern National Life, and 3) establishment of a wellness
program.
The City agrees to amend the PERS contract to provide the Third Level of the 1959
Survivors’ Benefit during the term of the contract.
Employees will be entitled to bank compensatory time in lieu of receiving overtime pay,
and will “cash out” their compensatory time account at least one time per year. Those
employees with a sick leave balance of less than 100 hours may convert some of their
banked compensatory time to sick leave on an hour for hour basis.
FISCAL IMPACT;
For FY 1994/95, the increased cost to the City for the January 1, 1995 salary adjustment is
estimated at $70,000. Funds will be transferred from the Council’s General Fund Contingency
Account to cover this expense. An additional $132,500 will be needed in FY 1995/96 and an
additional $62,500 in FY 1996/97 to cover the salary adjustments in the second year of the
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contract which expires on December 31, 1996. These increases will be included in the
1995/96 and 1996197 Operating Budgets.
Concerning health insurance rates, both parties have agreed that funds from the City’s Health
Insurance reserve fund will be used to offset any increases to the City’s or the employee’s
portion of the health insurance premium during calendar years 1995 and 1996. There was no
increase in the Kaiser or Northwestern National Life health insurance premiums for calendar year 1995.
The enhancements to the health insurance program will not be made until FY 1995/96. The
estimated costs associated with these enhancements are $29,000 per year for CFA represented
employees and will be funded from the City’s Health Insurance reserve fund during the term of
this contract.
The 1959 Survivors’ Benefit increase is funded through the use of reserves held by PERS. No
additional funding is required from the City.
Although the Compensatory Time “cash out” program will require some additional
administrative time, there will be no additional direct costs to this program.
The total cost of this salary and benefits package to the City will be $294,000 for the 1995 and
1996 calendar years.
EXHIBITS :
Resolution No.Ss- adopting the Memorandum of Understanding between the City of Carlsbad
and the Carlsbad Firefighters’ Association.
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RESOLUTION NO. 9 5 - 5 6
ARESOL~IONOFTHECrrYCOUNClLOFMECrrYOF
CARLSBAD, CAUFOf3NIA, ADOPTING A MEMORANDUM
MANAGEMENT AND THE CARLSBAD FlREflGHTERS
OF UNDERSTANDING EfWE&N REPRE8ENMTlK8 QF
SOCIATIOWC.
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
December 1994 to February 1995; 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;
NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Carlsbad,
California, as follows:
1.
2.
That the above recitations are true and correct.
That an estimated $70,000 in funds wiH be transferred
from the Council’s General Fund Contingency Account to cover the expense of a 3% salary
adjustment effective January 1, 1995.
3, That the costs of the health insurance during the term of this
Memorandum of Understanding will be covered by the fund balance in the Health
Insurance Fund.
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4. That the enhancements to the health insurance program will not be made
until FY 199396. The estimated costs associated with these enhancements are
$29,000 per year for CFA represented employees and will be funded from the City's
Health Insurance reserve fund.
5. That the Cost Of the 1959 Survivors' Benefit program at the Third Level
will be funded from resewes held by PERS.
6. That the City shall establish a Compensatory Time 'cash out" program, as
described in the Memorandum of Understanding. Such program will not result in an
increased cost to the City.
7. 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 heM on the 7th day of March , 1995; by the following vote, to wit:
AYES:
N3ES: None
ABSENT: Council Member Kulchin
Council Members Lewis, Nygaard, Finnila and Hall
AIEST:
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(SEAL)
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EXHIBIT A, RESOLUTION NO. 95-56
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this /oG“day
of b , 1995, 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 1. RECOG NlTlON
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.
ARTlCLE. -
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.
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ARTlCLE- TERM
The term of this Memorandum of Understanding shall be from January 1,
1995, through December 31, 1996.
As of January 1, 1995, the terms of this Memorandum of Understanding
will supersede the provisions of Resolution No. 93-133 adopted by the
City Council of the City of Carlsbad on May 11, 1993.
ARTlCLE. RE"
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
more than thirty (30) days following such notice the parties shall meet.
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.
ARTlCLE- L
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:
0 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,
before taking any action impacting employees within the
bargaining unit.
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The City’s decisions regarding staffing levels, station
closures, layoffs, reorganization, and furloughs which the City
may elect to utilize to address fiscal difficulties it faces now
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.
The parties agree that the City may implement policies relating to
discipline/grievance and drug/alcohol abuse during the term of this
agreement, subject to meet and confer with CFA.
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.
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B. penaltv. 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. Assoc iation Official Respo nsibilitv. 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.
ARTlCLE. COMPFNSATlON ADJUSTMEN TS
Effective January 1, 1995, all represented classifications shall receive a
3% increase in salary.
classifications shall receive a 2% increase in salary. Effective January 1,
1996, the fire captain and fire engineer classifications shall receive an
additional 1.1 % increase in salary.
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.
Effective January 1, 1996, all represented
The “immediate family” shall be defined as: spouse, child, parent,
sibling, grandparents; the aforementioned either natural, step or in-
law, or any person over which the employee acts as legal guardian,
or a verifiable current member of the immediate household.
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The employee may be required to submit proof of relative’s death before
being granted paid leave.
ARTlCLE. L
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 VACATION LEAVE
The City and CFA, Inc., 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
11 through 12 full calendar years of continuous service - 21 8 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.
12 through 13 full calendar years of continuous service - 231 hours
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ARTlCLE- -
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 1995 and
calendar year 1996:
Monthly Monthlv
Employee Co ntribution Citv Co ntribution
Category NwesternKalser NwesternKaiser
Employee Only 37.00 27.42 148.04 109.64
Employee + 1 Dep. 87.06 54.82 348.28 21 9.28
Employee w/2 Dep. 1 14.56 77.62 458.20 31 0.50
Effective January 1, 1997, employees may be required to pay more than
the above amounts.
The parties agree that on or before June 30, 1995, dental insurance
through Northwestern National Life will be implemented for Kaiser
enrollees, and vision insurance through the VSP plan will be implemented
for all employees. The parties further agree that they have met and
conferred regarding establishment of a wellness program to provide up to
$250 in reimbursements to each employee per calendar year. The parties
further agree that the City will meet and confer regarding the terms and
conditions and benefits offered by the wellness program. The intent of
the parties is to implement these changes to the health insurance program
by June 30, 1995.
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.
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ARTlCLE. lj.Qu2B
The City shall observe the following scheduled paid holidays, consistent
with the annual holiday schedule published by the Human Resources
Department:
New Year’s Day Columbus Day
Lincoln’s Birthday Veteran’s Day
Wash i ng to n ’s Birth day Thanksgiving
Memorial Day Thanksgiving Friday
Labor Day
Independence Day Christmas Day
One (1) Floating Holiday
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. PROVISION OF 1959 PERS SU RVIVORS’ BENEFIT
The City agrees to amend the PERS contract to provide the Third Level of
the 1959 PERS Survivors’ Benefit during the term of the contract.
ARTICLE 17. COMPENSATORY TIME
Employees shall be entitled to bank compensatory time in lieu of receiving
overtime pay. For each hour of overtime worked, the employee will be
entitled to 1.5 hours of compensatory time. Compensatory time is subject
to the following conditions:
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A. 56 HOUR WORK WEEK EMPLOYEES:
1. Compensatory time shall be kept in an individual account for
each employee. Accounts may be cashed out, at the employee’s
option, at the pay period falling on or directly following July
1st of each calendar year. This cash out will occur if the
employee has provided written notice to the City by June 15th of their intent to cash out. In any event, all accounts shall be
cashed out on December 1st of each calendar year.
Compensatory time may not be used for leave time.
If an employee’s sick leave balance drops below 100 hours,
they are entitled to convert up to 9 shifts worth of banked
compensatory time (on an hour for hour ratio) to sick leave, up
to a maximum sick leave balance of 216 hours.
2.
3.
B. 40 HOUR WORK WEEK AND 9/80 WORK WEEK EMPLOYEES:
1. Overtime
Any employee required to perform in excess of 40 hours in a 7
day cycle and/or in excess of an employee’s normal work day
shall receive compensation at the rate of time and one-half
hidher regular rate of pay. The regular rate of pay shall
include the following components in addition to base salary:
1) Bilingual Pay
2) Longevity Pay
In determining an employee’s eligibility for overtime, paid
leaves shall be included in the total hours worked. Excluded
from the total hours worked are duty free lunches, travel time
to and from work, and time spent conducting bona fide
There shall be no pyramiding of overtime. Hours worked by an
employee in any workday or workweek on which premium rates
volunteer activities.
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have once been allowed shall not be used again in any other
overtime calculation other than computing total actual hours
worked .
Time worked shall be computed by rounding to the nearest
quarter of an hour.
2. Compensatory Time
In lieu of receiving overtime pay pursuant to Section 1 above,
an employee may elect, subject to department approval, to
receive compensatory time off on a time and one-half basis.
No employee shall accrue more than 80 hours of such
compensatory time. Should any employee exceed 80 hours of
accrued compensatory time, he/she shall be paid at time and
one-half hidher regular rate.
An employee may use such compensatory time within a
compensatory time does not unduly disrupt the operations of
the department.
On December 1 of each year, an employee may elect to “cash
out” any portion of hidher accrued compensatory time at
hidher regular rate of pay. Notice shall be provided to the
Human Resources Department no later than November 15 of the
employee’s election to “cash out” a portion of his/her
accrued compensatory time. This “cash out” shall be paid
during the first pay period in December.
reasonable period after making the request if the use of
ARTICLE 18. 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
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the parties will control implementation of the 9/80 schedule.
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,
It is agreed
This article
ARTICLE 19. 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.
ARTlCLE- -
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.
ARTlCLE. Elll I UNDERSTANDING. MODlFICATION. WAlVFR
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.
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.
Any understanding or agreement, not
B.
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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.
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
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.
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
Understanding, 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.
If CFA, Inc., wishes to consult or negotiate with
the law, the City shall not be required to negotiate the matter of
C.
D.
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.
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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.
ARTlCLE. -
For the purpose of administering the terms and provisions of this
Memo rand u m of U nderstandi ng :
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, Inc., principal authorized agent shall be its President or duly
authorized representative. Address: 1200 Carlsbad Village Drive,
Carlsbad, California 92008; Telephone:
B.
(619) 434-21 41.
ARTICLE 23. 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.
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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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Approved as to form:
LQk ---- L------
RONALD R. BALL, City Attorney 3 - 7 - '35".
CARLSBAD FIREFIGHTERS' ASSOCIATION, INC.
e----- ,//? JL> 2-- .Ys,,-@ -__----__-- (,
4 //@,[,,$>-- 4LZky--- 2/9p/95- ---
A-%l BTATLECK Pdsided J &-
Approved as to form:
FERN Em' STEINER, Georgiou & Tosdal
) r ,,