HomeMy WebLinkAbout1995-03-07; City Council; Resolution 95-560 0
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OF UNDERSTANDING BEMlEEN REPRESENTATIVES OF 3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 2
RESOLUTION NO. 9 5 - 5 6
CARLSBAD, CALIFORNIA, ADOPTING A MEMORANDUM
MANAGEMENT AND THE CARLSBAD FIREFIGHTERS
ASSOCIATION. INC. 4
5 WHEREAS, representatives of management and the Carlsbad Firefighters’
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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
/I submit to the City Council for consideration and approval; and
11 WHEREAS, the City Council has determined it to be in the public interest to
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13 accept such an agreement in the form of a Memorandum of Understanding, marked
/I Exhibit A and incorporated by reference herein; 14
15 /I NOW, THEREFORE, BE IT RESOLVED by the City Council for the City of Carlsbad
16 /I California, as follows:
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1 . That the above recitations are true and correct.
2. That an estimated $70,000 in funds will be transferred
19 I from the Council’s General Fund Contingency Account to cover the expense of a 3% sal;
adjustment effective January 1, 1995. 20
21 3. That the costs of the health insurance during the term of this
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Insurance Fund. 23
Memorandum of Understanding will be covered by the fund balance in the Health
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4. That the enhancements to the health insurance program will not be mad
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.
5. That the cost of the 1959 Survivors’ Benefit program at the Third Lev
will be funded from reserves held by PERS.
6. That the City shall establish a Compensatory Time “cash out” program,
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 held on the 7th day of March , 1995; by the following vote, to wit
AYES Council Members Lewis, Nygaard, Finnila and Hall
NOES: None
ABSENT: Council Member Kulchi
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AllEST
- ALETHA L. RAUTEN
(SEAL)
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EXHIBIT A, RESOLUTION NO. 95 -56
MEMORANDUM OF UNDERSTANDING
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This Memorandum of Understanding is made and entered into this PCdi
of - , 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 term:
and conditions of employment of. the employees covered under this
Memorandum, which agreement €he 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 representativc
for all classifications in this Unit, as set forth in Attachment A of the
Petition for Recognition, submitted January 28, 1976, in accordance wit
the provisions of Section 2.43.090 (1) of the Carlsbad Municipal Code.
ARilCLE. -
This Memorandum constitutes a mutual recommendation to be jointly
submitted to the City Council following ratification of the Memorandum
the membership of CFA, Inc. It is agreed that the City will act in a timg
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.of4nderstanding 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. RENEGOTlATlON
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 sen
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 exchans
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 th
exception of the following subjects which the City may elect to utilize 1
address fiscal difficulties it faces now or in the future:
.. 0 atters That Fall Within the ScoDe of ReDresentatioq:
The City agrees to give advance notice and opportunity to me
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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e ment R~ghfS:
The City's-. decisions. regarding staffing levels, station
closures, layoffs, reorganization, and furloughs which the Cit]
may elect to utilize to address fiscal difficulties it faces nov
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.
ARTICW. -
The rights of the City include, but are not limited to the exclusive right 1
determine the mission of its constituent departments, commissions, and
boards; set standards of service; determine the procedures and standards
of selection for employment an'd 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 b
which government operations are to be conducted; determine the content
of job classifications; take ali necessary actions to carry out its missiol
in emergencies; and exercise cornpiete control and discretion over its
organization and the technology of performing its work.
ARTICLF 7. NO STRIKE AND NO LOCKOUT
A. No Strih. During the life of this Agreement, neither the employee
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. Pen-. 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 Responsibilitv. Each employee who holds the
position of officer of the Employee Association occupies a position
of special trust and responsibility in maintaining and bringing aboL
compliance with the provisions of this Article, the employees agrec
to inform its members of their obligations under this Agreement ar
to direct them to return to work.
ARTlCLE. Cavw3"lON An-
Effective January 1, 1995, all represented classifications shall receive i
3% increase in salary. Effective January 1, 1996, all represented
classifications shall receive a 2% increase in salary. Effective January
1996, the fire captain and fire engineer classifications shall receive an
additional 1 .l% increase in salary.
ARTICLE 9. BERFAVFMENT LEAVE
An employee may use up to two shifts (48 hours) of paid leave if require'
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
three consecutive days which may or may not include a scheduled shift(s
Additional time off may be authorized by the department head and chargc
to accrued vacation or treated as leave without pay.
The "immediate family" shall be defined as: spouse, child, parent,
sibling, grandparents; the aforementioned either natural, step or i
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 beforc
being granted paid leave.
ARilCLE. L
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During the term of this Memorandum, City agrees to continue to provide
(30) day waiting period prior to payment eligibility. In all other respe‘
said insurance shall continue unchanged.
ARTICU. ANNUAl VACATION LFAVE
The City and CFA, Inc., agree to continue the following annual vacation
leave schedule:
long term‘ disability insurance, Said insurance shall provide for a thirt
1 through 5 full calendar years of continuous service - 128 hours
6 through 10 full calendar years of continuous service - 192 hours
10 through 1 1 full calendar years of continuous service - 205 hours
1 1 through 1 2 full calendar years of continuous service - 21 8 hours
1 2 through 1 3 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
ARTlCLE. MEN PROV~S~ON. MAINTENANCE. AND RFH “3JT
The City agrees to provide one set of bed linen and two towels per pers
for all shift personnel. To assist in maintenance, all fire stations will
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,
a maximum replacement of once per calendar year.
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ARTlCLE. - The City agrees to apply fuPrds-.:from its medical insurance reserves so t
employees with coverage under either Northwestern or Kaiser will not p
more than the following contributions during calendar year 1995 and
calendar year 1996:
Monthlv Monthlv
Emplovee Contribution Citv Contribution
Category NwesternKaiser NwesternKalser
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. 11 4.56 77.62 458.20 31 0.50
Effective January 1, 1997, employees may he 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 implementt
for all employees. The parties further agree that they have met and
conferred regarding establishment of a wellness program to provide u.p
$250 in reimbursements to each employee per calendar year. The partit
further agree that the City will meet and confer regarding the terms an
conditions and benefits offered by the wellness program. The intent of
the parties is to implement these changes to the health insurance progr
by June 30, 1995.
ARTICLE. COMMUNICATIONS
The parties agree to continue meeting at least once each month during *
term of this agreement for the purpose of continuing communications o
subjects of mutual concern.
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ARTlCLE. JdQLuus
The City shall observe the following scheduded 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
Washington’s Birthday Thanksgiving
Memorial Day Thanksgiving Friday
Independence Day Christmas Day
Labor 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. j
Employees working a 40 hour work week will observe the scheduled paic
holidays listed above, and will be allowed to use the floating holiday at
the discretion of the employee upon prior aplproval of the Department He;
ARTICLE. PROVISION OF 1959 PERS SURVIVORS’ BENEFIT
The City agrees to amend the PERS contract to provide the Third Level. c
the 1959 PERS Survivors’ Benefit during thle term of the contract.
AEluLuz.-
Employees shall be entitled to bank compensatory time in lieu of receiv
overtime pay. For each hour of overtime worked, the employee will be
entitled to 1.5 hours of compensatory time. Compensatory time is subj
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
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 151
of their intent to cash out. In any event, all accounts shall bc
cashed out on December 1st of each calendar year.
2. Compensatory time may not be used for leave time.
3. If an employee's sick leave balance drops below 100 hours,
they are entitled to convert up to 9 shifts worth of banked
4 "- compensatory time (on an hour for hour ratio) to sick leave, 1
4; to a maximum sick leave balance of 216 hours.
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
day cycle and/or in excess of an employee's normal work da)
shall receive compensation at thle 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 til
to and from work, and time spent conducting bona fide
volunteer activities.
There shall be no pyramiding of overtime. Hours worked by i
employee in any workday or workweek on which premium ra
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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.
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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 pa,id at time and
one-half his/her regular rate.
An employee may use such compensatory time within a
reasonable period after making the request if the use of
compensatory time does not unduly disrupt the operations 01
the department.
On December 1 of each year, an employee may elect to “cash
out” any portion of his/her accrimd compensatory time at
his/her regular rate of pay. Notice shall be provided to the
Human Resources Department no later than November 15 of 1
employee’s election to “cash out” a portion of hidher
accrued compensatory time. This “cash out” shall be paid
during the first pay period in December.
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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 f
the Fire Prevention Officers. The result of that meeting and conferring
reflected in the City of Carisbad’s Administrative. Order No. 57, by whic
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the parties will control implementation of the 9/80 schedule. It is agree
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 athe 9/80 will be adopted. This article
shall not be subject to the grievance procedure.
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 i
comply with the ADA. The parties agree to consult if compliance with thc
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.
-1 F 31. m I UNDFRSTANDW MODIFICATION. WAlVFB
A. It is the intent of the parties that this Memorandum of
Understanding set forth the full and entire understanding of matter:
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 an(
terminated in their entirety. Any understanding or agreement, not
contained herein, whether formal or informal, which occurred durinl
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.
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It is recognized that if during such term it may be necessary for thl
City to propose changes in matters within the scope of
representation not contained in this agreement, the City shall notil
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 withir
five (5) working days from the receipt of such notice. Upon receipi
of such notice, the parties shall meet promptly in an earnest effori
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. notil
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.
C. 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.
D. 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.
E Any agreement, alteration, understanding, variation, waiver, or
modification of any of the terms or provisions contained herein sh;
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.
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ARTlCLE. -
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 obligatio1
set forth herein.
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B. CFA, Inc., principal authorized agent shall be its President or duly
authorized representative. Address: 1200 Carlsbad Village Drive,
Carlsbad, California 92008; Telephone: (619) 434-21 41.
ARTlCLE. v
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 Memorandun
of Understanding is in conflict or inconsistent with such above applicablc
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 sha
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:
RONALD R. BALL, City Attorney 3 - 7 -7r.
CARLSBAD FIREFIGHTERS’ ASSOCIATION, INC.
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BLAYLOCvsidql’t
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BLAYLOCvsidql’t
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Approved as to form:
112/ {JflL/ J/dP/G5-
FERN fd STEINER, Georgiou & Tosdal