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HomeMy WebLinkAbout1982-09-21; City Council; Resolution 70201 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. 7020 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 Eleyers-Millas-Brown Act, regarding wages and other terms and conditions of employment for the period July 5, 1982 through July 4, 1984; 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 is hereby accepted. xx xx xx xx xx xx xx .. F c r 1 E z I( 13 12 12 14 1E 1E 11 1E 19 20 21 22 23 24 25 26 27 28 -2- PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlsbad City Council held on the 21st day of September, 1982, by the following vote to wit. AYES: NOES : None ABLENT : Council Wn&s Casler, Lewis and Anear Council Itmkers Chick and Kulchin 9% cl. (ELaAL MARY HUCASLER, Mayor ATTEST : (SEAL) %ORANDUM OF UNDERSTANDING 0 This Memorandum of Understanding is made and entered into this 17th day of September , 1982, 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 Menorandum of Understanding (hereinafter referred to as "Memorandum") to promote and provide for harmonious relations, cooperation and understanding between the City manauement representatives and the local safety fire employees covered under this Memorandum: to provide an orderly and euuitable 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 neqotiations regardins 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 aqreed 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 in no event shall said Memorandum become effective prior to 12:Ol a.m. on July 5, 1982. This Memorandum shall expire and otherwise be fully terminated at 12:OO Midnight on July 4, 1984. 2 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, durina the period from December 1, 1983, to February 1, 1984, its request to commence meeting and conferring in good faith. Upon receipt of such written notice, meet and confer shall beqin no later than March 1, 1984. 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, 1984. 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, 1984. 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 performinq its work. 3 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. COMPENSATION ADJUSTMENT The parties agree to recommend that the City Council amend the existing salary plan adopted by the City Council Resolution No. to provide for salary increases in the amounts and effective on the dates shown below. a. Four percent (4%) salary increase effective October 4, 1982. b. Four percent (4%) salary increase effective July 1, 1983. c. If during fiscal year 1983-1984 any compensation increase granted by the city to either the Carlsbad Police Officers' Association or the Carlshad City Employees' Association exceeds the cost of seven percent (7%), the Carlsbad Firefighters Association, Inc. may reopen negotiations on salary matters only. The request to reopen shall be made within 15 days of the effective date of the compensation increase to either of the Associations. Changes to the salary schedule, if any, shall become effective January 1, 1984. This article shall not be construed as a guarantee of any salary increase. ARTICLE 9. 4 INSURANCE The City and compensation CFA, Inc, have previously agreed as to the extent and of the amendment to the City provided insurance benefit program which became effective August 1,-1982, which is incorporated into this agreement by reference, The parties do hereby agree to the below amounts of employees' insurance costs, Employee Only Employee & One Dependent Employee & Two or More DeDendents $5.00/month $20.00/month $34.00/month ARTICLE 10, HOLIDAY PAY - PERS CONTRIBUTION, The parties agree that the present practice of administering holiday pay under Section 15(b) Rule X, Personnel Rules, will be terminated. In lieu of holiday pay the City shall assume payment of two-thirds (2/3) of each members Public Employee's Retirement System contribution of nine percent (9%) of the employee's salary, as provided by Government Code Section 20615. City payment of the two-third contribution shall commence on the effective date of the agreement, Parties further aqree that on October 4, 1982, the City shall reimburse two-thirds of the employee's P.E.R.S. contribution of nine percent (9%) which were made during the period July 1, 1982 to October 4, 1982. In exchange for the payment, all employees shall relinquish their claims for holiday pay accrued durinq the period. ARTICLE 11. WORK WEEK. Parties agree that effective January 1, 1983, the present work week will be reduced to fifty-eight (58) hours and organized into three (3) platoons with a schedule of 4.4 paybacks scheduled per individual per year. On January 1, 1984, the work week will be reduced to fifty-six (56) hours. Non-emergency recall for periods exceeding sixteen (16) hours of a regularly scheduled twenty-four (24) hour work shift shall be compensated at straight time for a full twenty-four (24) hours, all other overtime provisions shall remain unchanged. Work week reductions shall be accompanied by accrual reduction in sick leave and vacation as shown below. 58 hour work week 56 hour work week 1-5 years of service 132 hours.year 128 hours/year 6-15 years of service 199 hours/year 192 hous/year 16+ years of service 26 5 hous/year 256 hours/year Sick Leave accrual/mo. 11.6 11.2 5 ARTICLE 12. 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 durinq the course of the meet and confer process, resulting in 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. 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 recoqnized 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., indicatina 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 arisinq as a result of the proposed 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. C. Failure by CFA, Inc. to request consultation or negotiations, pursuant to Paragraph B, shall not be deemed as approval of any action taken by the City. D. Except as specifically provided 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. . "I , e 6 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. 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 13. 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: (714) 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: (714) 438-5521). ARTICLE 14. PROVISIONS OF LAW It is underrtood and agreed that this Memorandum of Understanding is subject to all current and future applicable federal and state laws, federal and state regulations. Memorandum of Understanding is in conflict or inconsistent with such above applicable laws, rules and reuulations, or is otherwise held to be invalid or unenforceable by any tribunal or competent jurisdiction, such part or provision shall be suspended an 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. If any part or provision of the City Attorney CARLSBAD FIREFIGHTERS ASSOCIATION, INC. U&&/$ Presidenfy