HomeMy WebLinkAbout1984-05-15; City Council; Resolution 7609E
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RESOLUTION NO. 7609
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 the period July 1,
1984 through July 1, 1987; 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.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the
Carlsbad City Council held on the 15th day of May 1984, by the
following vote to wit:
AYES : Council mnhrs Casler, Lewis, CHick and Prescott
NOES: None
ABSENT : Council Maher Kulchin
ZiCASLER JeA , Mayor
ATTEST:
(SEAL)
2.
EXHIBIT A, 7609
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding is made and entered into this 30th day of April, 1984, 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. 'lemployees").
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. . 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 3anuary
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 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, except for the provisions of Article 10 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 3uly 1, 1984, This memorandum shall expire and
otherwise be fully terminated at 12:OO midnight on 3uly 1, 1987.
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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, 1986, to February
1, 1987, its request to commence meeting and conferring in good faith.
Upon receipt of such written notice, meet and confer shall begin no later than March 1, 1987.
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, 1987. 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
3une 30, 1987.
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.
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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. INSURANCE
The City and CFA, Inc., agree that the existing apportionment of costs
of insurance premiums will continue during the term of this Memorandum of Understanding. The parties do further agree that any insurance
cost increases shall be born equally by the City and the individual
CFA, Inc. members.
v/
ARTICLE 9. UNIFORM CLOTHING
On 3uly 1, 1985, the City shall begin providing uniform outer clothing presently required to be provided by the individual employee. Those items of uniform clothing in use on 3uly 1, 1985 shall continue in use
until determined to be unserviceable by the Fire Chief, at which time
he shall direct their replacement. The determination of quantity,
design, color, method of providing and quality shall be the
responsibility of the Fire Chief. The Fire Chief shall consult with
the representatives of the Carlsbad Firefighters Association, Inc.
before determining these standards. The primary criteria for
establishing standards shall be employee safety.
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ARTICLE 10. COMPENSATION ADJUSTMENTS
The parties agree to recommend that the City Council amend the
existing salary plan adopted by the City Council Resolution No. 7021
to provide for salary increases in the amounts and effective on the
dates shown below.
A. 1. Three percent (3%) salary increases for all represented
classifications effective January 2, 1984.
2. In addition to the above increase, Fire Captains will receive
an additional five percent (5%) increase effective 3anuary 2,
1984.
3. That at the time of the first recertification as a paramedic,
an incentive pay of five percent (5%) of base pay shall be granted. Present employees serving as paramedics who have
been first recertified within two years before the date of
this agreement shall be granted this increase effective
3anuary 2, 1984. The incentive will continue as long as an
employee serves as a paramedic. This incentive shall be
granted for the first recertification only.
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B. Three percent (3%) salary increase for all represented
C. Six percent (6%) salary increase for all represented
classifications effective July 2, 1984.
classifications effective at the beginning of the pay period
closest to 3uly 1, 1985.
D. Five percent (5%) salary increase for all represented
classifications effective at the beginning of the pay period
closest to July 1, 1986.
ARTICLE 11. 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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6. 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 the 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 6, shall not be deemed as approval of any action taken by the City.
D. Except as specifically provided herein in paragraph By 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 negot,iations, during the term of this
Memorandum of Understanding.
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.
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ARTICLE 12. 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: (619) 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: (619) 438-551 1).
ARTICLE 13. 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
Frank D. Aleshire, City Manager
Approved as to form:
,
CARLSBAO FIREFIGHTERS ASSOCIATION, INC.
Marc Rkvere, Prekident