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HomeMy WebLinkAboutReso 1978-9378RESOLUTION N0. 9378 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THAT CERTAIN MEMORANDUM OF UNDER- STANDING CONCERNIPIG WAGES AND OTHER TERMS AND CONDITIONS OF EP![PLOYMENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO FOR FISCAL YEAR 1978-79 AND APPROPRIATING FUNDS THEREFOR The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the P_4anagement Negotiation Team representing the City Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have here- tofore met and conferred with Local 2180, International Association of Firefighters AFL-CIO, an organization representing members of the Chula Vista Fire Department from Firefighter up through the rank of Fire Captain, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of Calif- ornia, and WHEREAS, the Memorandum of Understanding jointly pre- pared by said parties as a result of meeting and conferring in good faith has been presented to the City Council and is contained in Exhibit "A", attached hereto and incorporated herein by reference as if set forth in full, and WHEREAS, the additional annual cost of the compensation package estimated to be $70,790 will require a special appropriation of $50,890 to supplement the existing sum of $19,900 included in the Fiscal 1978-79 Budget. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve and accept said Memo- randum of Understanding as contained in Exhibit "A" for Fiscal Year 1978-79. BE IT FURTHER RESOLVED that the sum of $50,890 be and the same is hereby appropriated from the unappropriated balance of the General Fund to be distributed as follows: Account No. Title Amount 100-1220-5101 Salaries & Wages $ 510.00 100-1220-5110 Clothing Allowance 350.00 100-1220-5141 Retirement 70.00 Total Fire P~Zaintenance $ 930.00 100-1230-5101 Salaries & Wages 450.00 100-1230-5110 Clothing Allowance 350.00 100-1230-5141 Retirement 60.00 Total Fire Prevention 860.00 100-1240-5101 Salaries & Wages 25,760.00 100-1240-5110 Clothing Al lowance 20,010.00 100-1240-5141 Retirement 3,330.00 Total Fire Suppression 49,100.00 GRAND TOTAL $50,890.00 Presented by Approved as to form by Lane F. Cole, City Manager .~~-~ , George D . Lindberg, City torney ~; ~ ~ ~"- ~^ ADOPTED AND APPROVED 13Y THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, tht's 21st day of November 197=, by the following vote, to-wit: AYES: Councilmen Scott, Cox, Egdahl, Hyde, Dillow NAYES: Councilmen None ABSTAIN: Co~cilmen None ABSENT: Councilmen None `~ Mayor of the City of Chula Vista ~. ATTE City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) s s . CITY OF CHULA VISTA ) I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chulo Vista, California, DO HEREBY CERTIFY that the above and foregoing is a full, true and .correct copy of DATE D (seal) ,and that the same has not been amended or repealed. City Clerk CC-660 ~ 3 ~~~ MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIA- TION OF FIREFIGHTERS AFL-CIO, FOR THE FISCAL YEAR 1978-79 WHEREAS, the representatives of the City Manager of the City of Chula Vista, acting for and on behalf of the City Council of the City of Chula Vista, have heretofore met and conferred with Local 2180, International Association of Firefighters, AFL-CIO, an organization representing members of the Chula Vista Fire Department from Firefighter up through the rank of Fire Captain, in accordance with the provisions of Section 3500 et seq. of the Government Code of the State of California, and WHEREAS, as a result of meeting and conferring in good faith with said group, agreement has been reached on the following terms and conditions of employment as applied to those employees who are members of and represented by Local 2180, and said representatives of the City Manager and of Local 2180 do now jointly prepare a written Memorandum of Understanding concerning said agreed terms and conditions of employment for presentation to the City Council of the City of Chula Vista for determination, to-wit: PREAMBLE This agreement is entered into by and between City of Chula Vista, hereinafter referred to as the Employer, and Local 2180, International Association of Fire- fighters, hereinafter referred to as the Union. It is the purpose of this agreement to achieve and maintain harmonious relations and full communications between the Employer and the Union, to provide for equit- able and peaceful adjustments of differences which may arise, and to establish proper standards of wages, hours and other conditions of employment. RECOGNITION The Employer recognizes the Union as the exclusive bargaining agent for all Fire Captains, Fire Engineers, Firefighters and any other equivalent uniformed class of the Fire Department. Those holding the rank of Battalion Chief and Fire Chief are excluded from representation by this bargaining unit. I. Wages A. Effective December 29, 1978, a five percent (5%) salary increase shall be granted the classifications of Firefighter, Fire Engineer and Fire Captain. B. The Classification of Firefighter shall be subject to a seven (7) step salary range. The additional two steps shall be added to the lower level of the established salary range. Step "1" shall be 10% less than "A" Step and Step "2" shall be 5% less than "A" Step. The normal hire rate shall be Step`"1"provided, however, that an exceptionally well-qualified candidate may be hired within the established range based upon the recom- mendation of the appointing authority and Director of Personnel and approved by the City Manager. Provision shall be made that will provide for advance- ment from Step "1" to Step "2" after six months satisfactory service at Step "1" and from Step "2" to Step "A" after six months satisfactory service at Step "2" provided, however, increases for outstanding performance may IAFF - FY 78-79 ~;~,~ -2- be provided by: (1) granting a Firefighter`s normal merit increase %n advance of the regularly scheduled date, or (2) granting a double step increase at the time the Firefighter's normal merit advancement is scheduled. All requests shall be initiated by the individual's supervisor, recommended by the department head and the Director of Personnel and approved by the City Manager and the Civil Service Commission. The effective date of exceptional merit increases shall be the beginning of the pay period following approval. C. Merit increases will be granted at the beginning of the payroll period closest to the. employee's actual qualifying date. D. With. regard to exceptional merit increases, the following requirements must be met by Firefighter employees in addition to criteria designated in Civil Service Rule II, Section 5(b). 1. Exceptional Merit increases to Salary Step "D" will be based upon: a) Completion of two (2) years of at least satisfactory performance. b) Recommendation by the immediate supervisor. c) Fulfillment of Training Officer requirements for the operation of apparatus #5283 and #5287 (or equivalent). d) Completion of Fire Science courses in Fire Hydraulics, and Fire Apparatus/Equipment with a grade of C or better. 2. Exceptional Merit increases to Salary Step "E" will be based upon: a) Completion of three (3) years of at least satisfactory performance. b) Recommendation by the immediate supervisor. c) Fulfillment of Training Officer requirements for the operation of all Fire apparatus held by the Department. d) Completion of Fire Science courses in Fire Hydraulics, and Fire Apparatus/Equipment with a grade of C or better. II. Overtime Pay In the event that a need for overtime should occur in the Fire Department because of an emergency, sickness or other unforeseen conditions, overtime shall be paid one and one-half times the basic rate of pay subject to the following conditions: A. In situations requiring Call-Back, employees shall be entitled to a $20 bonus in addition to actual overtime worked. Call-Back shall be defined as any time a person is called back to work after he/she has left his/her work site and is required to return to work before the scheduled start of the next shift. (Exception - scheduled officers meetings will continue to be paid premium time with the current two (2) hour minimum.) B. All employees covered by this agreement who are held over their normal work shift due to fire or other emergencies, shall be paid at one and one-half times the basic rate of pay for all time in excess of 30 minutes. Upon return from such fire or emergencies, subject employees shall be permitted 30 minutes clean-up time, which may be included in the overtime compensation. zAFF - F`f 78-79 '~ ~' _~ . i ,- -3- C. All employees required to work over 15 minutes beyond their regular shift for reasons not included in (B) above, shall be paid at least one (1) hour minimum at one and one-half times the basic rate of pay. D. Whenever it is necessary to call back personnel (except for emergencies), the order of Call-Back shall be: 1. Of equal rank. 2. Those of qualified rank. 3. Those with the longest seniority in the next highest rank available. III. Bilingual Pay Effective July 1, 1977, Bilingual Pay is eliminated for the classifications of Firefighter, Fire Engineer and Fire Captain. IV. Out of Classification Assignment A. Effective July 1, 1977, the Union and the Employer hereby agree that an employee assigned duty as an Acting Fire Engineer or Acting Fire Captain fora period of more than one full regularly scheduled, continuous work shift (24-hour period) shall receive compensation at a rate equal to that which the employee would receive if he/she were promoted to the rank which he/she has been named "Acting". B. The compensation for Acting Fire Engineer or Acting Fire Captain shall be paid from the beginning of the first full shift the employee is assigned to work out of classification, subject to the provisions of IV A. C. The assignment of Acting Fire Engineer or Acting Fire Captain shall be made in writing and shall indicate the date and time the assignment begins. V. Health Insurance Effective July 14, 1978, City will pay the premiums fora designated Travelers Comprehensive Medical Expense Benefit Plan for both members of this unit and their dependents, including any increase in rates during the MOU term. VI. Uniform Maintenance Allowance A. Re ular - An annual payment of fifty dollars ($50) will be provided to members in this unit for the purchase and maintenance of regulation fire uniforms. B. Supplemental - For Fiscal Year 1978-79, an additional payment of three hundred and forty-five dollars ($345) will be paid to represented personnel employed on or before November 30, 1978. Said amount will be forwarded in a separate check the first pay day of December 1978. VII. Mileage Allowance Members of the Fire Department from Firefighter up through the rank of Fire Captain shall be subject to the City's Mileage Reimbursement Program when required to use their private automobiles for authorized Fire Department business. 18¢ - first 200 miles 13¢ - next 300 miles 10¢ - over 500 miles IAFF - FY 78-79 ~, -~ i ~~ ~ ~ -4- VIII. Duty Week A. Fire Suppression - Effective on July 11, 1978, members of represented classifications assigned to this division shall work on a 56-hour week, three platoon basis. The duty schedule shall include eight (8) 24-hour shifts in a twenty-four (24) day cycle. B. Fire Prevention - Members of represented classifications assigned to this division ,shall work 80 hours per two-week pay period on a 36/44 basis. The schedule will normally be arranged to allow members a three-day weekend every other week. IX. Scheduled Holidays Effective June 30, 1978, members of the Fire Suppression Division will forfeit all six (6) floating holidays (Admission Day, Columbus Day, Veteran's Day, New Year's Day, Lincoln's Birthday and Washington's Birthday). In addition, all members assigned to this division will receive 40 hours pay at one-and-one-half (1 1/2) times the regular rate for 5 hard holidays (Independence Day, Labor Day, Thanksgiving Day, Christmas Day and Memorial Day). Payment will be made the first pay day following 1 December annually. Pro-rated adjustments will be made for employees of represented classifications entering or leaving the Fire Sup- pression Division during a fiscal year. Members of represented classifications assigned to divisions other than Fire Suppression shall accrue six (6) floating holidays and five (5) hard holidays. Compensation will be administered as designated in Civil Service Rule II, Section 10. X. Unscheduled Holida s Members of the Fire Department from Firefighter up through the rank of Fire Captain shall work unscheduled holidays at their regular hourly rate of pay. If employees have that day off, they will not receive compensation for the unscheduled holiday. XI. Vacation A. Accrual - Members of represented classifications assigned to the Fire Suppression Division will accrue and be eligible to receive: 1. 132 hours annually (5.5 shifts) during the first through fourth year of service. This benefit will accumulate at the rate of 5.06 working hours for each full biweekly pay period of service performed. Eligibility to apply for accrued vacation will be effective on the employee's one-year anniversary date. 2. 216-hours annually (9 shifts) during the fifth through fifteenth year of service. This benefit will accumulate at the rate of 8.28 working hours for each full biweekly pay period of service performed. IAFF - FY 78-79 ~~ ~ ~,/ -5- 3. 264 hours annually (11 shifts) during the sixteenth and succeeding years of service. This benefit will accumulate at the rate of 10.12 working hours for each full biweekly pay period of service performed. 4. At no time may an employee have more than two (2) years of vacation leave accumulated. No credits shall be accrued above this limit (264 hours, 432 hours, and 528 hours respectively above). Members of represented classifications assigned to divisions other than Fire Suppression shall accrue and become eligible for vacation as designated in Civil Service Rule IX, Section 2. B. Pa back - All members of represented classifications earning three (3) weeks 9 shifts) or more vacation annually shall have the option of selling one week (56 hours) of said vacation back to the City. The accumulated vacation balance will be reduced accordingly. XII. Sickness and Death Leave Members of represented classifications assigned to the Fire Suppression Division will continue to accumulate Sick Leave at the rate of 5.52 working hours for each biweekly pay period of service (6 shifts annually). Previously earned Sick Leave balances will not be adjusted if personnel are reassigned to activities requiring a different duty week (e.g., transfer from Suppression to Prevention). However, accumulation rates will be made to conform with the new duty week effective the day assigned. All remaining relevant portions of Civil Service Rule IX, Section 3, will continue to apply. XIII. Limited Duty Time Activities during limited duty time shall be limited to passive hobbies which (1) shall not detract from a man's ability to respond immediatel to any emergency; (2) shall not include any commercial or profit-making venture; 3) shall not be so cumbersome or bulky as to infringe upon other members lawful activities and (4) shall not cause an unusual amount of dust or debris, loud or distracting noises, repugnant odors, or dangerous vapors. No use of City tools or materials except water and hoses for washing personal vehicles shall be permitted routinely. Except for emergency repairs, there will be no repair or maintenance on any personal motive equipment. This item shall not abrogate the right of a Fire Captain, Battalion Chief, or Fire Chief to curtail any activity which in his opinion is undesirable for the circumstances existing at that time, nor shall this item limit the right of the department to require night or evening drills or training, night or evening inspections, or other related work. XIV. Limited Duty Days Such days shall be New Year's Day, Easter Sunday, Thanksgiving, Christmas and Sundays. Work required on limited duty days shall consist of daily, routine schedule. IAFF - FY 78-79 c ~1 ~~~~ _~ % - -6- XV. Shift Exchange Subject to a Shift Commander's approval, employees shall have the right to ex- change shifts or parts of shifts when the change does not interfere with the operation of the Fire Department. In addition to exchange rank for rank, per- sonnel of a lower classification but of qualified rank may be permitted to exchange shifts. XVI. Clean-u Time Except in eases of fire or other emergencies, employees covered by this agreement shall be granted thirty (30) minutes personal clean-up time immediately prior to the end of each working shift. XVII. Departmental Safety and Health Committee The Safety and Health Committee shall be comprised of three representatives of the Union and three members of Management, which shall meet no less than once a month. on a scheduled basis. Additional meetings may be called by either party subject to 10 calendar days notice. All meetings shall be subject to an agenda of items pertaining to safety and health matters, with special emphasis in the area of employee or public safety. The nature of these meetings will. be to dis- cuss areas of concern, to improve communications, and to provide a basis for interchange of ideas. Recommendations shall be in writing and copies shall be submitted to the Fire Chief and the Union.. The Fire Chief shall approve, modify, or disapprove the recommendations within 30 days. The approval, modification, or disapproval, shall be in writing to the committee. If the recommendations are disapproved, the recommendations shall be submitted to the City .Safety Committee. The City Safety Committee shall submit its recommendations to the City Manager and copies to the Fire Chief and the departmental Safety and Health Committee. The decision of the City Manager shall be final. Approved recommendations shall be implemented within a reasonable time. XVIII. De artmental Rules and Regu lations Committee The Departmental Rules and Regulations Committee, shall be comprised of three representatives of the Union and at least three members. of Management, which. shall meet no less than once a month on a scheduled basis. Additional meetings may be called by either party subject to 10 calendar days notice. A11 meetings shall be subject to an agenda of items pertaining to the review, revision and updating of departmental rules and regulations. It is understood that these meetings will provide a means whereby the Union will be consulted regarding said rules and regulations. The nature of these meetings will be to explore areas of concern, to improve communications, and to provide a basis for interchange of ideas. Any revision or updating agreed upon by a majority of this group.- will be forwarded to the Fire Chief and will receive a written response in that regard. It is understood that it is not the function nor intent of this committee to infringe on management rights, but in a consultive way to perform meaningful advisory services to management. Review, revision and updating shall be com- pleted semiannually beginning July 1, 1976. IAFF - FY 78-79 ~. ;~-, -7- XIX. Vacancies - Promotions A. When a permanent vacancy occurs. in any position, it shall be filled in accordance with Civil Service Rule V, Section 1. Bo The City of Chula Vista will maintain promotional eligible lists so that not more than sixty (60) days elapse between expiration and establishment of new lists. XX. Lay-off City will revise the existing Civil Service Rule IX, Section 8, as it applie s to classifications represented by Local 2180, I.A.F.F. The major difference will involve a different basis for the determination of seniority. No change will be recommended to the Civil Service Commission or City Council without first meeting and conferring with the Union. XXI. Employee Personnel Records A. Any member shall be entitled to see the contents of his personnel records. Availability of these records to the employee will be subject to the normal business hours affecting the position or office who has routine custody of these records. B. Any letter of reprimand or letter of counseling included in the personnel records of any member of the bargaining unit shall be remQVed frgm the record one year from date of the letter, if such employee has a current performance rating of satisfactory or better. The scope of removal does not apply to any other document which may mention said letters, such as an employee Performance Report or other such documents. C. The City agrees to eliminate the use of employee jackets or other personnel. records (unless presented by the candidate) for the Civil Service promo- tional oral boards. XXII. Union Representation Any member of the Union. required to meet with any supervisor(s) in which the purpose or part of the purpose is to discipline or to discuss the likelihood of future disciplinary action shall have the right to have a shop steward in attendance. Such meeting shall be preceded by at least one-hour notification of the time and purpose of the meeting to the member and an on-duty shop steward; provided the member may waive any advance notification if he so chooses. A shop steward would not be permitted in meeting for Performance Reports (except ones with an overall rating of Unsatisfactory), reviews or selection or promotion interviews. IAFF .- Fr 78-79 :`~ -"' .~ ~,/ -8- XXIIIo Pa roll Deduction of Dues The employer agrees to deduct, once each pay period, dues and assessments in an amount certified to 6e current by the Secretary-Treasurer of the Local Union from the pay of those employees who individually request in writing that such deductions be made. The total amount of deductions shall be remitted by the Employer to the Treasurer of the Union. This authorization sha11 remain in full force and effect during the term of this agreement. XXIV. Bulletin Boards The Employer agrees to furnish and maintain space for suitable bulletin boards in convenient places in each station and work area to be used by the Union. The Union shall limit its posting of notices and bulletins to such bulletin boards. XXV. Meetings/Documentation Section 1. Up to three (3) designated members of the Union negotiating team are authorized time off duty for participation in all meetings to be mutually scheduled by the Employer and the Union. Section 2. Employees elected to Union office and/or to the Board of Directors of t e nion are authorized to conduct meetings of the Officers and/or Board of Directors in City facilities during duty hours, at no cost to the City. Section 3. The Employer shall provide distribution of the following official documents to the Union: One each to President: Agendas and Minutes of all City Council meetings, Civil Service Commission meetings, open Council Conferences, and Safety Committee meetings Fire Dept. Section: One copy: Preliminary City Budget Final City Budget XXVI. Responsibility for Equipment The City will hold employees harmless for equipment damaged or lost, except for acts of gross negligence, vandalism, or intoxication. XXVII. Discrimination The Employer agrees not to discriminate against any employee for his activity in behalf of, or membership in, the Union. The Union agrees not to discriminate against any employee at the Fire Department that is not a member of the Union. The Employer and the Union agree that there shall be no discrimination against any employee because of race, creed, or religiono The Union agrees to comply with the intent and direction of the City's Affirmative Action Policy and Program. IAFF - FY 78-79 c~/ -?: ~' -9- XXVIII. Statement on 2% @ 50 Safety Retirement-Plan On or before February 1, 1979, a comprehensive report will be submitted to the City Council which includes the initial cost and actuarial history of the 2% @ 50 plan in comparable jurisdictions. Local 2180, I.A. F. F. will have at least two weeks to provide written comments upon the report before the City Council instructs the City's negotiation team on the issue. The City Council has stated that one of the greatest obstacles to local parti- cipation is City expense. However, recent State legislation allows sharing of the increase in Employer Contributior'r. This development significantly improves the prospects of adopting the plan by this jurisdiction. As a result, the 2% @ 50 plan will be a negotiable item in the Fiscal Year 1979-80 meet and confer process. XXIX. Continuation of Existing Benefits It is further understood and agreed that any other benefits. and v~orking condir. tions, as specified in this agreement or any other published City document, and the terms and conditions thereof presently in effect shall remain unchanged (except for amendments to the Civil Service Rules which liberalize employee benefits) unless and until said terms and conditions shall be modified as a result of meeting and conferring in good faith between the City and the Chula Vista Fire Fighters Local 21$0, I.A.F.F. AFL-LIO, pursuant to the provisions of Section 3500 of the Government Code of the State of California. XXX. Savings Clause If any provision of this agreement, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or por- tions of this agreement shall remain in full force and effect. Lo .Witten erg Management Negotiating eam City of Chula Vista ona d Byrum Fire Fighters Negotiating Committee Local 2180 Lane F. Cole City Manager City of Chula Vista c:. -~ ~-~~ IAFF - FY 78-79