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HomeMy WebLinkAbout1977-09-06; City Council; Resolution 51861 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 5186 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, INC. WHEREAS, representatives of management and the Carlsbad Firefighters Association, Inc., have been conducting negotiations pursuant to the Meyers-Milias-Brown Act, regarding wages and other terms and conditions of employment for Fiscal Year 1977-1978; 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. 3. That the City Council intends to implement said memorandum by incorporating its terms into the salary plan for Fiscal Year 1977-1978 and the Personnel Rules and Regulations of the City of Carlsbad and by other appropriate actions necessary in accord with its terms. xx xx 1 2 7 Q 4 E E 7 € s 1c 11 12 12 34 15 1E 17 18 19 20 21 22 23 24 25 26 27 28 PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 6th day of September , 1977, by the following vote, to wit: AYES : Councilmen Frazee, Lewis, Packard, Skotnicki and NOES : None ABSENT: None Councilwoman Casler ATTEST : h (SEAL) -2- . .- '7 . mMORANDUM OF UNDERSTANDING ?) This Memorandum of Understanding is made and entered into this 6th day of September, 1977 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, Incorporated (hereinafter referred to as CFA or "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 Fire Safety 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 CFAas the sole and exclusive majority representative for all classifications in this Unit, as set forth in Attachment A of the Petition for Formal Recognition, submitted on January 28, 1976 and approved on April 16, 1976 in accordance with the provisions of Section 2.48.090 (1) of the Carlsbad Municipal Code. 0 2. ARTICLE 2. IMPLEMENTATION ~ This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council. Xt 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. It is agreed that this Memorandum shall not be binding upon the parties either in wh&ie or in part unless and until: A. The City Council acts, by majority vote, formally Be The City Council acts to appropriate the necessary funds required to implement the provisions of this Memorandum which require funding. to approve and adopt said 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 1, 1977. This Memorandum shall expire and otherwise be fully terminated at 12:OO Midnight on June 30, 1978. . 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, 1977 to February 1, 1978, its writtenrequest to commence meeting and conferring in good faith as well as its full and entire written proposal for such successor Memorandum, with the exception of salary proposals which shall be presented no later than March 1, 1978. Upon receipt of such written notice and pro- posals, meet and confer shall begin no later than March 1, 1978. 0 3. Section 2. Nothing contained in this Memorandum shall preclude petition of either party with reasonable advance written notice to the other to reopen negotiations on issues of a non-economic nature, but having a direct bearing upon the employees of this unit. Section 3. Unless the City serves upon CFA by March 1, 1978, 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 I, 1978. 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 4. 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 as set forth in Article 3, Term, and from year to year thereafter , subject to reopening in the manner and on the day and month specified in Section 1 of this Article. ARTICLE 5. NON-DISCRIMINATION a The parties mutually recognize and a'gree fully to protect the rights of all employees covered hereby to join and participate in the activities of CFA and all other rights guaranteed by law. No employees shall be interferred with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights . 0 '0 4. The provisions of this Memorandum shall be applied equally to all employees covered hereby without favor or discrimination because of race, color, sex, age, national origin, political or religious opinions or affiliations, The parties agree to support the Affirmative 6ction Program 'a - . established by the City, ARTICLE 6. RETENTION OF BENEFITS The employees of the City of Carlsbad shall retain all present benefits for the term of this agreement, with the exception of certain amendments proposed in Article 7. ARTICLE 7. COMPENSATION ADJUSTMENTS The parties agree to recommend the City Council amend the existing City Salary Plan, as amended, adopted by City Council Resolution 3972, July-20, 1976, to provide a salary increase in the amount of six percent (6%). . The above described amendments are to be computed, based upon the above described and agreed to amounts, in increments applicable to each range and step in the salary plan and providing for twenty-six (26) biweekly pay periods for the fiscal year. ARTICLE 8. OBLIGATION TO SUPPORT The parties agree that subsequent to the execution of this Memorandum of Understanding and during the period of time said Memorandum is pending before the City Council for action, neither CFA nor the City, nor their authorized rgpresentatives, will appear before the City Council or meet with members of the City Council individually to advocate any amendment, addition or deletion to the terms and conditions of this Memorandum of Understanding. It is further understood that this Article shall not preclude the parties from appearing before the City Council nor meeting with individual members of the City'Council to advocate or urge the adoption and approval of this Memorandum of Understanding in its entirety. . . .. ,. . .. .. I. I' ARTICLE 9, e FULL UNDERSTANDING, MODIFICATION, WAIVER 5. A. It is intended that this Memorandum of-Understanding sets forth the full and entire understanding of the parties-regarding the matters set forth herein, and any other prior or existing understanding or agree- ments by the parties, whether formal or iri'formal, regarding any such matters are hereby superseded or terminated 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 recognized that during such term it may be necessary for the City to make changes in rules or procedures affecting the employees in the unit, Where the City finds it necessary to make such change it shall notify CFA indicating the proposed change prior to its implementation. If CFA wishes to consult or negotiate with the City regarding the matter, CFA shall notify the City within five working days from the receipt of such notice. 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,, Upon 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 necessary changes required-during emergencies. However, the City shall notify CFA of such changes as soon as practicable. Such emergency assignments shall not extend beyond the period of the emergency. requiring immediate implementation of the change. "Emergency" is defined as an unforeseen circumstance 0 6. . Where the City makes any such change for reasons other than the requirements of law or an emergency, where such change would significantly affect the working conditions of a significantly large number of employees in the unit, where the subject matter of the change is subject to negotiations pursuant to the Employer- Employee Relations Ordinance, and where CFA within.the time limits provided requests to negotiate with the City, the aarties shall expeditiously undertake negotiations regarding the effect the change would have on the wages, hours, and other terms and condi- tions of employment of the employees in the Enit. If the parties are in disagreement as to whether any proposed change is within the scope of negotiations, such disagreement may be submitted as an impasse to the City Council for resolution. tiations on the proposed change are undertaken, any impasse which arises may be submitted as an impasse to the City Council. In the event nego- c. D. E. F. Failure by CFA to request consultation or negotiations, pursuant to Paragraph B, shall not be deemed as approval of any action taken by the City. Except as specifically provided herein, it is agreed and understood that each party hereto voluntarily and un- qualifiedly waives its right, and agrees that the other shall not be required, to negotiake with respect to any subject or matter covered herein or 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 bi-nding upon the 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 tepns and provisions. 0 0, 7. i ARTICLE 10. AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Memorandum of Understanding: A. City's principal authorized agent shall by the City Manager, or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California, 92008; Telephone: (714) 729-1181) except where a particulaijcity 4 repre- sentative is specifically designated in connection with the performance of a specific function or obligation set forth herein. B. CFA principal authorized agent shall be its President or a duly authorized representative (Address: 1200 Elm Avenue, Carlsbad, California, 92008; Telephone: (714) 729-1181). ARTICLE 11. PROVISIONS OF LAW It is understood and agreed that this Memorandum of Under- standing is subject to all current and future applicable federal and state laws, federal and state regulations. If any part or provision of this Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and regulations, or is other- wise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall.be suspended and saperseded hy 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. ' CARLSBAD FIREFIGHTERS ASSOCIATION, INC. MICHAEL SMITH, President City Attorney V