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HomeMy WebLinkAboutReso 1986-12645 RESOLUTION NO. 12645 RESOLUTION OF THE CITY COUNCIL OP THE CITY OF CHULA VISTA APPROVING AMENDMENT TO FY 1983-87 MOU CONCERNING ~GES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT WITH LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the City and Local 2180 of the International Association of Firefighters (IAFF) are starting the last year of their four-year (FY 1983-87) MOU, and WHEREAS, after meeting and conferring in good faith in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California, the City's negotiating team and IAFF representatives have formulated an amendment to the MOU, attached hereto as Exhibit "A" and incorporated herein by reference as if set forth in full, WHEREAS, the amendment to the current MOU primarily involves three issues: (1) the refund of employee deductions made for the City's share of PERS; (2) staffing levels subsequent to the absorption of the Montgomery Fire Protection District and (3) implementation of the Fair Labor Standards Act, and WHEREAS, said amendment has been ratified by the IAFF membership. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the amendment to FY 1983-87 MOU concerning wages and other terms and conditions of employment with Local 2180, International Association of Firefighters as contained in Exhibit "A". Presented by Approved as to form by · Thomson, Deputy City Charles R. Gill, Assistant City Attorney 1841a ADOPTED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, this 5th d~ of August 19 86 , by the following vote, to-wit: AYES: Councilmembers cox, Malcolm, Moore, Campbell, McCandliss NAYES: Councilmembers None ABSTAIN: Counci lmembers None ABSENT: Councilmembers None Ma~6r ~J~ the City Chula Vista ATTEST (~ STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 12645 ,and that the same has not been amended or repealed DATED City Clerk CI1Y OF CHULA Vi A CC-660 / EXHIBIT "A" AMENDMENT TO THE CURRENT MOU (FY 1983-87) BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS Pursuant to Section 4.01 II of the FY 1983-87 Memorandum of Understanding between the City of Chula Vista and Local 2180 of the International Association of Firefighters, said parties have been meeting and conferring since September 1985 on issues of concern to the parties. Subject to the ratification of Local 2180 and of the Chula Vista City Council, the parties agree to amend the current MOU as follows: 1. PERS a. City will refund all employee deductions made for the City's share of PERS (over and above the 25.89%) since July 1, 1985 (1.593%). b. City will not refund amounts deducted from October 1984 through June 1985 (0.341%). City will take necessary legislative action (retroactively) to amend the PERS contract to legally provide for employee deductions from October 1984 through June 1985. Those funds withheld in this manner will be transferred to the employees' PERS accounts. c. For the remainder of the term of the current MOU, City will pay the full City share of PERS but not the employee's share. 2. City will provide a minimum of 22 authorized Fire Engineer positions in the Fire Department until a new fire station is opened (not a rebuilding, remodeling, or relocation of an existing station). This will be accomplished through the reclassification of an existing Fire Fighter position. 3. City will provide a minimum of 21 authorized Fire Captain positions in the Fire Department until a new fire station is opened (not a rebuilding, remodeling, or relocation of an existing station). 4. City will provide a minimum of 5 authorized Battalion Chief positions in the Fi re Department until any of the existing Battalion Chiefs retires or terminates from the CVFD for any reason or is promoted. 5. FLSA a. City will continue with the 7K exemption already declared for fire suppression personnel. This includes a 24-day work period which coincides with the 24-day duty cycle included in the current MOU. For purposes of calculating overtime for suppression personnel, paid time off (e.g. vacation and sick leave) will not be counted as time worked from the FLSA effective date (April 15, 1986) to the beginning of the first work period commencing after mutual ratification of this amendment to the current MOU. Starting with the first work period commencing after mutual ratification, only the last 10 hours of the first 24 hours of paid time off in a 24-day work period will not be counted as time worked for purposes of calculating overtime for suppression personnel. b. The 7K exemption shall not apply to non-suppression personnel, whose overtime will be calculated on a 7-d~, 40-hour work period. For purposes of calculating overtime for non-suppression personnel, paid time off (e.g. vacation and sick leave) will not be counted as time worked from the FLSA effective date (April 15, 1986) to the beginning of the first work period commencing after mutual ratification of this amen~ent to the current MOU. Starting with the first work period comencing after mutual ratification, paid time off will be counted as time worked for purposes of calculating overtime for non-suppression personnel. Section 2.04 II of the current MOU is rescinded. c. Fire Captains, as well as Fire Engineers and Fire Fighters, will be eligible for time and 1/2 pay for overtime under the conditions provided in 5.a. and 5.b. through the term of the current MOU. d. In Section 2.06 I of the current MOU, the definition of stand~ du~ is revised by replacing the phrase "can be contacted by telephone, ready for immediate callback to perform an essential service" with the phrase "can be contacted ~ telephone or beeper, ready for callback to perform an essential service." e. The p~roll period and regular p~days will continue to be biweekly. For fire suppression personnel, p~ment for overtime earned in a given 24-d~ work period will be made with the p~ warrant covering the biweekly p~ period during which the work period ended. 6. Ci~ will conduct an infomational total compensation surv~, after Janua~ l, 1987 and prior to the FY 1987-88 negotiations, of all ci~ fire departments in the Count. Fire districts in the Coun~ will also be included in the surv~ but they will be considered only an additional source of data. 7. Ci~ agrees to make the payments for the PERS ~fund and for au unpaid FLSA overtime costs no later than the first regular p~d~ after the end of the first work period comencing after mutual ratification of this amen~ent to the current MOU. 8. The provisions of this amendment shall supersede and replace au provisions in the current MOU to the contras. Notwithstanding the provisions of this amendment, au provisions in the current MOU shall remain in effect unless amended by this amendment. Chief .egot ator Lo d, d2.ov'm n "o ' "al Ci~ of Chula Vista Association of Firefighters WPC 0909I August 14, 1986 ADDENDUM TO FY 1983-87 MOU BETWEEN CITY OF CHULA VISTA AND LOCAL 2180, IAFF During the course of the current (FY 1983-87) Memorandum of Understanding between the City of Chula Vista and Local 2180 of the International Association of Firefighters, issues related to health insurance plans and the tax status of employee contributions to PERS have arisen: - A health insurance committee, including representatives of Local 2180 and other employee associations, has been considering alternatives to the existing Travelers Comprehensive Medical Expense Benefit Plan, and the committee is interested in switching to the Mutual of New York (MONY) plan. The current MOU, however, specifies that the City will provide the Travelers Plan. - In terms of the tax status of employee contributions to PERS, the City has recently learned that the US Internal Revenue Service has affirmed that employee contributions to PERS may be treated as deferred compensation for income tax purposes. During August 1986, the parties have met and conferred on the appropriate way of handling these situations. This addendum to the MOU details the resolution agreed upon by the parties. A. The Mutual of New York (MONY) Plan discussed by the health insurance committee is an acceptable alternative to the Travelers Plan specified in section 2.07 of the MOU. B. If the City switches from Travelers to MONY Plans, for employees choosing the Kaiser Plan the City will contribute an equal dollar amount (as the amount that would be paid by the City under the MONY 3-Tier Plan) with the employee paying any excess. If the City switches to the MONY Plan, the amount of such employee deductions for employees choosing the Kaiser Plan will not exceed $10.00 per pay period until the Kaiser rates are increased, at which point the maximum deduction will be $15.00 per pay period. C. Employees represented by Local 2180 will be eligible to participate in the dental plan(s) being arranged by the city. Employees choosing to participate in the dental plan will do so at their own expense. D. As long as it has the clear legal authority to do so, the City will treat the employee PERS contributions as deferred compensation. f/James R. Thomson, Donald Byr ~ Deputy City Manager President, Local 2180 city of Chula vista International Association of Firefighters SIDE LETTER AGREEMENT BETWEEN CITY OF CHULA VISTA ~' AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS REGARDING INTERPRETATION OF SECTION 2.06 OF MOU During the course of the current (FY 1983-87)-Memorandum of Understanding between the City of Chula Vista and Local 2180 of the International Association of Firefighters, issues related to the appropriate interpretation of Section 2.06 (Standby) have arisen. On November 4, 1986, the parties met and conferred on the appropriate interpretation of the MOU's standby provisions. This side letter agreement details the interpretation of Section 2.06 agreed upon by the parties. To clarify the Standby Section of the current MOU, the parties agree that the original wording in Sections 2.06 I and II should be replaced by the following: 2.06 Standby I. Definition Standby duty is defined as that period of time assigned by the Battalion Chief or Fire Marshal in addition to the employee's normal work week assignment, during which said employee must remain at all times where he/she can be contacted by telephone or beeper, ready for callback to perform an essential service. II. Application in Suppression In addition to his/her regular salary, suppression personnel shall be compensated with an additional $17 per each full 24-hour shift assigned to standby duties. III. Application in Non-Suppression - In addition to his/her regular salary, non-suppression personnel shall be compensated with an additional $105 per each full week assigned to standby duties. Since the normal work week of non-suppression personnel is 40 hours and since standby duty is defined as being in addition to an employee's normal work week assignment, a full week of standby duty would be 128 hours of standby duty. If a non-suppression employee works less than a full week of standby, he/she shall be compensated $0.82 per hour assigned to standby duties. IV. Any callbacks that occur while an employee is on standby duty shall not reduce the amount of standby pay the employee would have earned had there not been a callback. Any overtime or callback pay shall thus be in addition to the standby pay. In terms of FLSA, the parties agree that standby time shall not be counted as hours worked. V. The effective date of these provisions is July 1, 1985, and the parties agree that the City has no obligation to retroactively pay for any standby duty prior to July 1, 1985. ~D~yR~i~o~2ger JohnPresident McLintok City of Chula Vista Local 2180, International Association of Firefighters JT/kt S12 December 5, 1986 TO: The Honorable Mayor and City Council VIA: John D. Goss, City Manage FROM: Jim Thomson, Deputy City Manager~l SUBJECT: Side Letter Agreement with IAFF resolving grievance related to Standby in Fire Prevention At its October 7, 1986 meeting, the City Council referred to the Civil Service Commission a grievance from Fire Captain James Dyar and Fire Inspector John T. Koeper regarding the payment of standby pay in Fire Prevention. Prior to the Civil Service Commission hearing, the grievants requested that the issue be referred to a meet and confer session instead of the grievance process. After discussions with the City Attorney, staff agreed to the grievants' request, and they withdrew their grievance. Thus, the planned Civil Service Commission hearing on the matter was cancelled. After meeting and conferring on the standby issue, the City and IAFF reached an agreement on the appropriate interpretation of the Standby Section in the current (FY 1983-87) Memorandum of Understanding. The agreement was formalized in a Side Letter Agreement, which is attached for your information. The agreement will result in an additional FY 1985-86 cost of approximately $400. Attachment JT/kt S6