HomeMy WebLinkAboutReso 1976-8196~ c
RESOLUTION N0. 8196
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA APPROVING THAT CERTAIN MEMORANDUM OF UNDER-
STANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS
OF EMPLOYMENT BETWEEN THE CITY OF CHULA VISTA AND LOCAL
2180, INTERNATIONAL ASSOCIATION OF FIREFIGHTERS AFL-CIO
FOR FISCAL YEAR 1976-77 (JULY 1, 1976 - JUNE 30, 1977)
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 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 Govern-
ment Code of the State of California, and
WHEREAS, the Pemorandum 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 1976-77
(July 1, 1976 - June 30, 1977).
Presented by Approved as to form by
~~%yJ `
Ad~A, igge, Direct f
Personnel
~Z!~~~
Georg~indberg, City Att ey
ADOPTED AND APPROVED by the CITY COUNCIL of the CITY OF CHULA
VISTA, CALIFORNIA, this 15th day of June , 1976_, by
the following vote, to-wig
AYES: Councilmen Hyde, Egdahl, Scott, Hobel, Hamilton
NAYES: Councilmen None
TS]CL+nTm. 1~... ,.. ..; l...o.. Nino
I, , City
Chula Vista, California, DO HEREBY CERTIFY that
true and correct copy of Resolution No. ,
not been amended or repealed. DATED
Clerk of the
the above is
and that the
City of
a full,
same has
City Clerk
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA)
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r
MEMORANDUM OF
OF EMPLOYPiENT
SSOCIATION OF
June 30, 1977)
UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS
BETYJEEN THE CITY OF CHULA VISTA AND LOCAL 2180, INTERiJATIO^{AL
FIREFIGHTERS AFL-CIO, FOR Th{E FISCAL YEAR 1976-77 (July 1, 1976-
41HEREAS, 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 o-iith 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 Goverment 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 employ-
ment as applied to those employees who are members of and represented by Local
2180, and said representative of the City h1anager and of Local 2180 do Hour
iointly prepare a written Plemorandum 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 bet<~ieen the Employer and the Union, to provide for equi-
table and peaceful ad,iustments of differences which may arise, and t~ establish
proper standards of wages, hours and other conditions of employment.
RECOGNITION
The Employer recognizes the Union as th
Captains, Fire Engineers, Firefighters
of the Fire Department. Those holding
fire Chief, and Fire Chief are excluded
e exclusive bargaining agent for all Fire
and any other equivalent uniformed class
the rank of Battalion Chief, Assistant
from representation by this bargaining unit.
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._' A. Effective July 2, 1976, a five percent (5%) salary increase shall be
granted for members of the Fire Department from Firefighter up through
the rank of Fire Captain. Effective December 31, 1976, an additional
two and one-half percent (2z%) will be granted.
B. The classification of Firefighter shall be subject to a seven (7) step
salary range. The 8dditional t~~~o steps shall be added to the lower
level of the established salary range. Step "1" shall be 10% less
than "A" Step and Steo "2" shall be 5% less than "A" Step. The normal
hire rate shall be Steo 1 provided, however, that an exceptionally
yell-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 Steo "2" provided, however,
increases for outstanding performance may be provided by: (1) granting
a Firefighter's normal merit increased in 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 b~,~ the individual's supervisor, recommended by the
department head and the Director of Personnel and approved by the City
idanager and the Civil Service Commission. The effective date of
exceptional merit increases shall be the beginning of the pay period
following approval.
C. P1erit increases will be granted at the beginning of the payroll period
closest to the employee's actual qualifying date.
I. 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.. All employees covered by the terms of this agreement who are called
back to i~ork from off-duty shall be paid at least two (2) hours
minimum at one and one-half times the basic rate of pay.
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.
ti
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. 4lhenever 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. OUT OF CLASSIFICATION ASSIGN'1ENT
A. Effective July 1, 1976, 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 four or more full regularly scheduled, con-
tinuous wort: shifts (24-hour period) shall receive compensation at
a rate equal to that vihich the employee would receive if her were
promoted to the rank to which he 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 III A.
C. The assignment as Acting Fire Engineer or Acting Fire Captain shall
be made in writing and shall indicate the date and time the assign-
ment begins.
IV. MEDICAL AND INSIJP.ANCE COVEP,AGE
A. The following changes shall 6e incorporated in the employees' medical
and insurance coverage. These changes shall be paid for by the City
of Chula Vista, effective July 1, 1973.
1. Life insurance coverage shall be increased to $3,000.
2. Basic hospital room and board coverage shall be increased to 545 per day.
3 then deductmble00odbeupaidlonpereachhcalendaroyea00 for all causes,
4. Major medical maximum coverage shall be increased to 550,000.
r.
• B. The following changes shall be incorporated in the dependents' medical
insurance. Total cost of dependents' medical insurance shall be paid
- by the City of Chula Vista, effective January 1, 1974.
1. Basic hospital room and board coverage shall be increased to
$45 per day.
2. Change from 5100 deductible per each cause to 5100 for all causes,
the deductible to be paid once each calendar year.
3. Major medical maximum coverage shall be, increased to $50,000.
V. UNIFORFI ALLO'~IANCE
The one-hundred dollar uniform allowance is abolished in return for which the
City vaill pay the costs at any change in the standard uniform presently being
used.
VI. MILEAGE ALLOIdANCE
Members of the Fire Department from Firefighter up through the rank of
Fire Captain shall be subject to the City's tlileage Reimbursement Program
when required to use their private automobile for authorized ,Fire Depart-
- ment business.
l7~ - 1st 200 miles
12¢ - next 300 miles
9~ - over 500 miles
VII. LIh1ITED 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 Citv 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.
VIII. DUTY DAYS
A. 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.
B. The union agrees, to give up New Year's Day as a holiday.
IX. FIRE PREVENTION BUREAU 1JORK 41EEK
The Fire Prevention vrork week will be on a 36/44 hour basis and the vrork
schedule shall normally be arranged to allow members a three-day weekend
every other week. The above program will be revie~:red at six (6) months
by the Fire Chief, Union President, and the City Manager.
X. STAND-IN POLICY
The City agrees to investigate the feasibility and legality at modifying
the existing stand-in policy to:
a. allow greater flexibility in who may be used as a stand-in.
b, eliminate the payroll change notices that are now used.
c. eliminate any pay feature and make the pay-back the sole
responsibility of the employee.
XI: SHIFT EXCHANGE
Subject to a Shift Commander's approval, employees shall have the right
to exchange shifts or Darts of shifts ~~ihen the change does not interfere
with the operation of the Fire Department.
XII. UNSCHEDl1LED HOLIDAYS
Members of the Fire Department from Firefighter u{. through the rank of
Fire Captain shall orork unscheduled holidays at their regular hourly
rate of pay. If emoloyyees have that day off, they will not receive
compensation for the unscheduled holiday.
„iII. DEATH IN FAh1ILY LEAVE
The City agrees to modify Civil Service Rule IX, Section 3 (c) (4) to
conform to Council Resolution-"8002 on January 6, 1976.
XIV. CLEAN-LIP 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 COh41ITTEE
The Safety and Health Committee shall he comprised of three representatives
of the Union and three members of Management, arhich 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 be submitted to the City Safety Committee. The
City Safety Committee shall submit its recommendations to the City ilanager
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 vrithin a reasonable time.
XVI. DEPARTMENTAL RULES APJD REGULATIONS COPIMITTEE
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 sub,iect 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 vrill 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 consultive way to perform meaningful advisory services to
management. Revie~•r, revision and updating shall be completed semi-
annually beginning July 1, 1476.
XVII. VACAPdCIES - PROMOTIONS
When a permanent vacancy occurs in any position, it shall be filled in
accordance with Civil Service Rule V, Section 1.
VIII. PERSONNEL REDUCTION
The City agrees to rewrite the present_Civil Service Rules dealing with
lay-offs to incorporate the Unions request. The rule will also include
a bumping procedure. No rules will be recommended for change without
first consultation with the Union.
XIX. EMPLOYEE PERSONNEL RECORDS
A. Any member shall be entitled to see the contents of his personnel
records. Availability of these records •to the employee ~~nll be
subject to the normal business hours affecting the position or
office who has routine custody of these records.
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 the 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 er other documents which may only refer to
the reprimand as a matter of reference.
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.
XX. UNION REPRESENTATION
Any member of the Union required to meet with anv supervisor(s) in
which the purpose or part of the purpose is to discipline or to discuss
the likelyhood of future disciplinary action shall have the right to
have a shoo ste~~~ard 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-duy shop steward; provided the member may waive
any advance notification if he so chooses. A shoo steward ti-could not
be permitted in meeting far Performance Reports, (except ones with an
overall rating of Unsatisfactory) revievrs 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 ayreement. '
XXII. BULLETIN BOARDS
The Employer agrees to furnish and maintain space for suitable bulletin
boards in convenient places in each station and ~•aork area to be used by
the Union. The Union shall limit its posting of notices and bulletins
to such bulletin boards..
(XIII. MEETINGS/DOCUMENTATION
Section 1. Up to three (3) designated members of the Union negotiating
team are autorized 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, oxen Council Conferences, and
Safety Committee Meetings
Fire Deot. Section: Preliminary City Budget
One Copy• Final City Budget
XIV. RESPONSIBILITY FOR EQUIPMENT
The City will hold employees harmless for equipment damaged or lost,
except for acts of gross negligence, vandalism, or intoxication.
°XV. 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 aoree 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 Cit.y's Affirmative Action Policy and Program.
XXVI. DISCIPLINAP,Y 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.
XVII. 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 amendmentsto 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
betvaeen the City and the Chula Vista Fire Fighters local Union 2180,
AFL-CIO, pursuant to the provision of Section 3500 of the Government
Code of the State of California.
;VIII. 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 subseouently enacted legislation, the remaining parts
or portions of this agreement shall remain in full force and effect.
on Byrum ~ ,%
Chief Spokesman
Fire Fighters' Negotiating Committee
Local 2180
Gd' .~ ~.
. Bigge
Chief Spokesman
Flanagement Negotiating Committee
City of Chula Vista
~s
/' -
Lane f. Cole ~
City Manager
City of Chula Vista