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HomeMy WebLinkAboutReso 1977-8686~ + RESOLUTION No, 8686 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THAT CERTAIN P~IEPdORANDUM OF UrdDER- STANDING CONCERNING WAGES AP1D OTHER TERr2S AND CONDITIONS OF EP'[PLOYZ~tENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO FOR FISCAL YEAR 1977-78 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, the Management 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 heretofore met and conferred with Local 2180, International Association of Fire- fighters 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, the Memorandum of Understanding jointly prepared 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. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve and accept said Memorandum of Understanding as contained in Exhibit "A" for fiscal year 1977-78, Presented by Approved as to form by ~L_ F - Adolph Bigge, Dire t r of Gdorge ''Lindberg, City Atto ~y Personnel ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA, this 28th day of June , 197 , by the following vote, to-wit: AYES: Councilmen Scott, Egdahl, Hobel, Cox, Hyde NAYES: Councilmen None ABSENT: Councilmen No ` ~l Psayor of the City o hula Vista ATTES City Clerk STATE OF CALIFORNIA) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, , City Clerk of the City of Chula Vista, California, DO HEREBY CERTIFY that the above is a full, true and correct copy of Resolution No. , and that the same has not been amended or repealed, DATED City Clerk MEMORAIVDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL 2180,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 1977-78 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 pro- visions 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 representative 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 equitable 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, Assistant Fire Chief, and Fire Chief are excluded from representation by this bargaining unit. I. WAGES A. Effective July 1, 1977, a five percent (5%) salary increase shall be granted for members of the Fire Department from Firefighter up through the rank of Fire Captain. II. 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 recommendation of the appointing authority and Director of Personnel and approved by the City Manager. Provision shall be made that will provide for advancement 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 be provided by: (1) granting a Firefighter's normal merit increase in advance of the r egularly scheduled date, or (2) granting a double step increase at the time the Firefighter's normal merit advancement is scheduled. All requests shall be initated 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. OUERTIME 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. The current Call-Back provisions will be modified from a two-hour over- time minimum 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, sh-all 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. 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 Firefighters (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 will be eliminated for the classifica- tions 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 for a 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 to 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. MEDICAL AND INSURANCE COVERAGE The City of Chula Vista will pay Program (Plan A) for members in additional increases in premiums Memorandum of Understanding. the premiums for an improved Group Insurance this unit and their dependents, including any during the period covered by the 1977-78 VI. UNIFORM MAINTENANCE ALLOWANCE An annual allowance of fifty dollars ($50) will be provided to members in this unit for the maintenance and purchase of regulation fire uniforms. 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 automobile for authorized Fire Department business. 17~ - 1st 200 miles 12~ - next 300 miles 9~ - over 500 miles VIII. 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 immediately 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, Assistant Fire 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. IX. DUTY DAYS Limited duty 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. X. FIRE PREVENTION BUREAU WORKWEEK The Fire Prevention workweek will be on a 36/44 hour basis and the work schedule shall normally be arranged to allow members a three-day weekend every other week. The above program will be reviewed at six (6) months by the Fire Chief, Union President, and the City Manager. XI. SHIFT EXCHANGE Subject to a Shift Commander's approval, employees shall have the right to exchange shifts or parts of shifts when the change does not interfere with the operation of the Fire Department. XII. UNSCHEDULED HOLIDAYS 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 compensa- tion for the unscheduled holiday. XIII. FLOATING HOLIDAY Effective July 1, 1977, New Year's Day will become a Floating Holiday for members in this unit. Employees working a 60-hour per week schedule will receive 12 holiday hours, and employees working a 40-hour per week schedule will receive 8 holiday hours. XIV. CLEAN-UP TIME Except in cases 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. XV. 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 discuss areas of concern, to improve communications, and to provide a basis for interchange of ideas. Recom- mendations 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 by 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. XVI. DEPARTMENTAL RULES AND REGULATIONS 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. All 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 inter- change 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 consul- tive way to perform meaningful advisory services to management. Review, revision and updating shall be completed semiannually beginning July 1, 1976. XVII. VACANCIES - PROMOTIONS A. When a permanent vacancy occurs in any position, it shall be filled in accordance with Civil Service Rule V, Section 1. B. The c;ty of Chula Vista will maintain promotional eligible lists so that not more than sixty (60) days elapse between expiration and establishment of new lists. XUIII. PERSONNEL. REDUCTION The City agrees to rewrite the present Civil Service Rules dealing with lay-offs to incorporate the Union request. The rule will also include a bumping procedure. No rules will be recommended for change without first consultation with the Union. XI.X. 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, as defined in Administration Regulation dated September 25, 1972, included in the personnel records of any member of the bargaining unit shall be removed from 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 the specific letter of reprimand, such as an employee performance report or other documents which may only refer to the reprimand as a matter of reference. C. The City agrees to eliminate the use of employee jackets or other personnel records (unless presented by the candidate) for the Civil Service promotional oral boards. X X, 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 likel~~hood 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 at 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. XXI. PAYROLL-DEDUCTION OF DUES The employer agrees to deduct, once each pay period, dues and assessments in an amount certified to be 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 shall remain in full force and effect during the term of this agreement. XXII. 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. XXIII. 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 the Union 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 City 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: Preliminary City Budget One Copy: Final City Budget XXIV. RESPONSIBILITY FOR EQUIPMENT The City will hold employees harmless for equipment damaged or lost, except for acts of gross negligence, vandalism, or intoxication. XXV. 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 religion. The Union agrees to comply with the intent and direction of the City's. Affirmative Action Policy and Program. XXVI. XXVII. DISCIPLINARY ACTION The City agrees to consult with Union in modifying the existing Civil Service Rule VIII to modify it to conform to recent court findings. Such Rule changes will be prepared by January 1, 1977. CONTINUATION OF EXISTING BENEFITS It is further understood and agreed that-any .other benefits and working conditions, 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 21.80, IAFF AFL-CIO, pursuant to the provisions of Section 3500 of the Government Code of the State of California. XXVIII. 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 portions of this agreement shall remain in full force and effect. A. A. Bigge Management Negotia i g Team City of Chula Vista ~~~` ~ Lane F. Cole City Manager City of Chula Vista ~r F,n Donald Byrum ° Chief Spokesman Fire Fighters Negotiating Committee Local 2180