HomeMy WebLinkAboutRES NO 27-87RESOLUTION NO. 27-87
A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD APPROVING THE MEMORANDUM
OF UNDERSTANDING SETTING SALARIES AND
RELATED BENEFITS FOR OFFICERS AND EMPLOYEES
OF THE FIRE SUPERVISORY UNIT OF THE CITY OF
BAKERSFIELD.
WHEREAS, the Charter of the City of Bakersfield, Section
12, authorizes the City Council to provide for salaries and
related benefits for officers and employees of the City; and
WHEREAS, in compliance with the Meyers-Milias-Brown Act
of the State of California, the City has met and conferred in good
faith with the Bakersfield Fire Supervisory Association, which
represents this City's Fire Supervisory Unit employees; and
WHEREAS, The City's negotiator and the Fire Supervisory
Unit have agreed to a Memorandum of Understanding, as attached
hereto; and
WHEREAS, the Council has determined that such Memorandum
of Understanding complies with the guidelines established by the
City Council; arid
WHEREAS, the Council has determined that provisions of
the attached Memorandum of Understanding shall commence on January
5, 1987, and expire midnight on April 1, 1989, for all employees
of said unit employed on the date of adoption of this resolution.
NOW, THERE:FORE, BE IT RESOLVED by the Council of the City
of Bakersfield that commencing on January 5, 1987, the attached
document, entitled "Memorandum of Understanding Between
Representatives of Management for the City of Bakersfield and
Bakersfield Fire Supervisory Association," shall constitute the
salary schedule and[ related benefits for officers and employees
for the categories and positions specified therein on the date of
adoption of this resolution, and that the whole of said attachment
is hereby incorporated and approved as the Memorandum of
Understanding between the City of Bakersfield and the Fire
Supervisory Unit for the period January 5, 1987, to April 1, 1989.
.......... o0o ..........
I HEREBY CERTIFY that the foregoing Resolution was
passed and adopted by the Council of the City of Bakersfield at a
regular meeting thereof held on __ F~e~ar~y ~Lj3~~ ........ , by the
following vote:
AYES: COUNCILSEMBERS: CHILDS, CHRIS,~TE.~SE_.N:SMI~TH. RA17Y, ~ DICKERsoN, SALVAGGIO
NOES: COUNCILMEMBERS: I ~ ~
ABSTAINING: COUNOlLUE~BERS: [ ~)~
Council of the City of Bakersfield
APPROVED February 11, 1987
APPROVED as to form:
RJO/dr
4 R-SALARY3
10 FEB 1~87
S
CLS T CLASSIFICATION TITLE
718 A FIRE CAPTAIN
718 A PIRE CAPTAIN
CITY OF BAKERSFIELD
SALARY SCHEDULE
6 - FIRE SUPERVISORY UNIT
C SALARY
D BASIS STEP 1 STEP
HOURLY 15.22& 15,~97
S HOURLY-112 10.875 11,430
STEP 3
16.804
12.001
EFFECTIVE DATE: 05 dAN 1~87
EDU
STEP 4 STEP B PCT
17. &52 18. 54~
12.&13 13.251
This Memorandum of Understanding was approved
by Resolution No. 27-87 at the Council Meeting
on 2-11-87.
City Contract No.
87-7Z
MEMOl:~..NDLI~ OF UNDERSTANDING
BETWEEN REPRESENTATIVES OF MANAGEMENT
FOR THE CITY OF BAKERSFIELD
AND
BAKERSFIELD FIRE SUPERVISORY ASSOCIATION
This Memorandum of Understanding is entered into with reference
to the following facts:
The Bakersfield Fire Supervisory Association (hereinafter
referred to as "BFSA") is the only recognized employee
organization with the right to meet and confer in good
faith on behalf of employees of the City of Bakersfield
employed in those certain classifications included within
the appropriate unit of representation commonly referred
to as the Fire Supervisory Unit (Unit No. 6).
Representatives of management for the City of Bakersfield
and representatives of BFSA have met on a number of
occasions and have conferred in good faith exchanging a
number of proposals concerning wages, hours, fringe
benefits and other terms and conditions of employment for
employee-members represented by BFSAo
Representatives of management for the City of Bakersfield
and representatives of BFSA have reached an understanding
as to certain recommendations to be made to the City
Council for the City of Bakersfield and have agreed that
the parties hereto will jointly urge said Council to adopt
one or more resolutions which will provide for the changes
in wages, hours, fringe benefits and other terms and
conditions of employment contained in these joint
recommendations.
THEREFORE, the representatives of Management for the City
of Bakersfield and the representatives of BFSA agree as
follows:
The parties hereto shall jointly recommend to the City
Council of the City of Bakersfiel~ that one or more salary
resolutions be adopted effectuating the following changes
in salaries, fringe benefits and other terms of employment
for the employee-members represented by BFSA:
1.1 SALARIES.
The salary ranges for the classifications of the unit
shall be amended as follows:
-1-
1.1.1
1.1.2
1.1.3
1.2
GENERI~L SA3~ARY INCREASE.
4% January 5, 1987
3% January 4, 1988
1% January 2, 1989
INEQUITY SAI~RY INCREASE.
Based on a review of compensation levels for equivalent
classifications in other agencies during the meet and
confer process, the parties have agreed on the following
inequity adjustments for the classification of fire
captain. When inequity adjustments occur on the same date
as general wage adjustments under Section 1.1.1 above, the
increases shall occur simultaneously and not be
compounded.
1% January 5, 1987
1% January 2, 1989
RETIREMENT CONTRIBUTIONS.
The City's contribution towards employees PERS
contribution shall be 9% for those employees hired prior
to July 1, 1983 and 4% for those employees hired on or
after July 1, 1983. Employees hired on or after July 1,
1983, will be eligible to receive the 9% payment effective
the beginning of their 7th uninterrupted year of service.
Such payments by the City shall be reported as normal
contributions and shall be credited to the employees
accounts pursuant to the Government Code Section 2615 this
PERS pickup is done pursuant to Section 414(H) (2) of the
Internal Revenue Code.
MEDICi~L ~ DENTAL BENEFITS.
Effective January 1, 1987, the City shall pay the cost of
medical and dental insurance premiums, subject to the
following maximum amounts:
Category
Bi-Weekly Maximum
Employee only
$ 42.14
Employee + 1
84.97
Family 114.05
-2-
1.3
1.4
1.5
Effective January 1, 1988 and for the remaining term of
the agreement, the City shall increase the dollar amount
of it's maxJ. mum medical and dental insurance payments to
maintain the existing proportion of payments by medical
plan category.
For example, if the City currently pays seventy-five
percent (75%) of the premium in an existing coverage
category, it shall continue to pay seventy-five percent
(75%) of the premium for the term of this agreement. Any
additional City costs pursuant to the provisions of this
section shall be paid through accrued reserves of the
medical reserve fund.
Employees shall pay the balance through payroll deduction.
The accrued medical reserve fund shall remain in existence
until it is depleted through the payment of increased
employee medical insurance premiums or other agreed upon
expenditures:.
VISION.
No later than April 1, 1987, the City shall implement
vision insurance coverage for all employees and their
family members. Plan coverage shall be as agreed by the
medical insurance committee. The City shall pay the full
premium for the term of this agreement.
UNIFORM ALLOWANCE.
The uniform allowance for the employees in the unit shall
be $400.00 per year payable in installments of $200.00 on
or before July 1st of each year and $200.00 on or before
December 1st of each year.
HOLIDAYS.
Fire Suppression personnel in the unit accrue holiday pay
at the rate of five and one-half (5-1/2) shifts per year.
Such holiday' pay is to be paid on a pro-rata basis as
follows: One-half (1/2) on or before December 1st of each
year and one-half (1/2) on or before June 30th of each
year. Fire prevention personnel shall be entitled to
standby pay in the amount of $20.00 for each holiday for
which such employee is required to standby. In addition,
any such person who is required to be on stand-by status
over a holiday shall receive comparable time off at a
mutually agreed upon time. Scheduling shall be done so as
not to interfere with the operation of the Fire Safety
Control Division, as staffing is available.
-3-
1.6 MINIMUM CALlbACK.
Fire Suppression personnel in the unit called back to work
after being released shall be entitled to a minimum of two
(2) hours of work or pay. Such minimum time shall not be
applicable for employees standing by for relief of other
regular shift or workers on a normal shift-to-shift basis
unless the employee is required to stand by for more than
one (1) hours, in which case the two (2) hour minimum
applies. Such callback time shall be paid at the rate of
time and one-half (1-1/2) in cases of callback for shift
work or other non-emergency work. Double time shall be
paid for callbacks for fires, fire watches, staffing
reserve fire apparatus during fires, and other emergency
situations, such as windstorms, earthquakes, rescue and
flood.
1.7 SICK T.RAVE.
Employees in. the unit accrue sick leave at the rate of
five point six (5.6) shifts per year, with a maximum of
fifty-six (5.6) shifts. An employee who has accrued the
maximum of fifty-six (56) shifts of sick leave and who
does not use: any sick leave for the entire calendar year,
will receive one-half of his/her five point six (5.6)
shifts as vacation and the other half will be paid to the
employee the following January. An employee who has
accrued 56 shifts and who uses a portion of his/her sick
leave during the calendar year will be entitled to convert
seventy-five percent (75%) of the unused sick leave to
vacation.
Sick leave is defined to mean an absence from duty by any
employee because (a) of his/her own illness or injury or
exposure to contagious disease which incapacitates such
employee from performing his/her duties, or (b) absence
from duty for attendance upon a member of his/her
immediate family because of illness, injury, death or
exposure to contagious disease where the attendance of
such employee is definitely required. As used in this
section, "immediate family" means husband, wife, child,
parent or spouse's parent, or a close relative actually
residing in the employee's household. Pregnancy of the
employee's spouse in and of itself shall not be grounds
for granting sick leave with pay. Illness accompanying
pregnancy but not a normal condition thereof and supported
by a physician's certificate shall be considered ground
for sick leave with pay. Sick leave absences with pay for
attendance upon employee's immediate family shall be
limited to not more than five (5) days (two and one-half
-4-
1.8
1.9
1.10
1.11
(1-1/2) shifts) during each fiscal year. Sick leave
absences with pay because of death in the employee's
immediate family shall not exceed five (5) (two and one-
half (2-1/2) shifts) for each instance.
BEREAVEMENT T.~'..AVE .
Employees shall have the option of charging bereavement
leave to either sick leave, vacation or compensatory time.
Employees electing to charge bereavement leave to either
vacation or compensatory time off shall suffer no loss of
conversion rights under section 1.7 above.
COMPENSATORY TIME. Fire personnel on five (5) day per
week work schedule may accumulate compensatory time up to
sixty (60) hours. Any compensatory time in excess of
sixty (60) hours shall be automatically paid if management
is unable to schedule the time off. The use of comp time
shall be scheduled through mutual agreement between the
employee and management. Management may establish time
off for comp time in excess of forty (40) hours where
mutual agreement cannot be reached. Employees retain the
right to cash payment for any comp time on the books,
subject to budgetary restraints.
STANDBY.
Fire prevention employees assigned to standby shall
receive One hundred sixty ($160.00) dollars per week of
standby assignment. A week of standby assignment shall
start effective at the end of the regular work shift on
Monday afternoon and continue, except for regular work
time, until the beginning of the regular work shift the
following Monday morning. Existing language on standby
compensation for holidays shall continue unchanged.
VACATION SPLIT.
Employees who accumulate seven (7) or more shifts of
vacation per year shall be allowed to request a split
vacation periods. Seniority shall determine the
allocating of available vacation periods with all
employees' first choices being considered before the
consideration of the second half of a split vacation
request.
of
-5-
1.12
1.13
1.14
1.15
PHYSICAL ASSESSMENT PROGRAM.
At least once during the term of this agreement, the City
will offer each unit employee the opportunity to receive a
comprehensive physical assessment and follow-up counseling
sessions. When indicated by initial results; follow-up
testing will be performed.
The assessment will measure: cardio-vascular fitness,
blood pressure, blood composition (cholesterol, etc.),
body composition, muscular endurance, and flexibility.
Results of the assessment shall be for the individual
employees use only. The City will receive composite data
to be used in evaluating the need for training seminars,
etc. The City will consult with the Association prior to
selecting the service provider.
GRIEVANCE PROCEDURE.
The parties shall continue to utilize the grievance
procedure found in the Memorandum of Understanding with
the Fire Unit for any grievances arising in the Fire
Supervisory Unit. It is understood that under Section
1.20 E of that Memorandum of Understanding either party
may be represented by legal counsel or any other
representative.
RETIREE MEDICAL.
0nly employees with a minimum of fifteen (15) years
accumulated service shall be eligible for participation in
the retiree medical insurance program. The fifteen (15)
year minimum shall be waived for employees retiring
because of job related disability. Employees retiring
with job related disability shall be credited with either
eight (8) years or there actual accumulated service time,
whichever is greater for the purpose of calculating the
retiree medical allowance under the City's adopted
formula.
NO STRIKE OR LOCKOUT.
The City agrees not to engage in any lockouts of he
members of the Union during the term of this Agreement.
Participation by any employee in a strike or work stoppage
is unlawful and shall subject the employee to disciplinary
action, up to and including discharge. No employee
organization, its' representatives, or members shall
engage in, cause, instigate, encourage, or condone a
-6-
1.16
1.17
strike work stoppage, or work slowdown of any kind. If a
recognized employee organization, its representatives, or
members engage in, cause, instigate, encourage, or condone
a strike, work stoppage or slowdown of any kind, in
addition to any other lawful remedies or disciplinary
actions, the City's Designated Representatives may suspend
or revoke the recognition granted to such employee
organization, may suspend or cancel any or all payroll
deductions payable to such organization, and prohibit the
use of bulletin boards, prohibit the use of City
facilities, and prohibit access to former work or duty
stations by such organizations.
As used in this Section "strike or work stoppage" means
concerted failure to report for duty, the willful absence
from one's position, the stoppage of work or the
abstinence in whole or in part from the full, faithful
performance of the duties of employment for the purpose of
including, influencing, or coercing a change in the
conditions ef compensation or the rights, privileges or
obligations of employment. Any decision of the City's
Designated Representative made under the provisions of
this Section may be appealed to the City Council by filing
a written Nctice of Appeal with the City's Designated
Representative, accompanied by a complete statement
setting forth all of the grounds upon which the appeal is
based. Such Notice of Appeal must be filed within seven
(7) days after the affected employee organization first
receives notice of the decision upon which its completion
is based, or its complaint will be considered closed and
not subject to any other appeal.
CITY AND EMPLOYEE RIGHTS.
The parties hereto recognize that the City has and will
retain the exclusive right to manage and direct the
performance of City services and work forces performing
such services. The City and BFSA agree that nothing in
this Memorandum of Understanding shall in any way abridge,
restrict or modify the rights and prerogatives of the City
and its employees as set forth in City Code Section No.
2.76 and said sections are hereby incorporated by this
reference and made a part hereof as though set forth in
full.
NON-SMOKING.
Effective immediately, newly hired employees must be non-
smokers. Prospective employees shall be required to sign
an affidavit indicating that they have not smoked during
-7-
1.18
1.19
1.20
1.21
the twelve (12) month period prior to hiring by the City.
Further, they shall agree that they shall not smoke,
either on or off duty, during the term of their employment
with the City. Violation of the non-smoking agreement
shall result in disciplinary action.
RESIDENCY REQUIREMENT.
Effective immediately, the residency requirement shall be
amended to forty-five minutes (45) normal driving time
from City Hall. Normal driving time shall be defined as
driving at the posted speed limit, absent any accidents,
traffic jams, etc.
VACATION.
Effective January 5, 1987, the vacation accrual schedule
shall be modified to provide for accrual of a the forth
(4th) week of vacation beginning with the sixteenth (16th)
year of service instead of the twentieth (20th) year of
service.
CHARTER / CODE RE-OPENER.
The City is currently undertaking a comprehensive
consultants study of it's personnel system. The study
recommendations may require modification to Code, Rule or
Charter provisions. The City and Union agree to meet and
confer on any proposed changes which involve matters
within the scope of representation prior to the City
taking any action. The Union shall have the right to
propose changes to Code, Rule or Charter provisions to the
consultant and the City as part of the review process.
DRUG TESTING;.
The Union and City agree to implement a drug testing
program. The goal and intent of this program shall be
rehabilitation and assisting first time offenders with
drug problems. Action taken against employees shall be
determined by the individual circumstances of each case,
and disciplinary action up to and including termination is
possible.
Prior to implementation of a program, the City shall
establish a joint employer-employee committee to develop
the detailed policies and procedures for the program.
Issues to be addressed shall include: 1) defining the
level of authority for ordering testing 2) describing
-8-
1.22
1.23
1.24
the conditions for allowing testing 3) developing the
testing procedure and 4) designating a testing agent.
The committee shall complete it's work no later than April
1, 1987.
COMPENSATION ADJUSTMENT / FAIR LABOR STANDARDS ACT.
The parties recognize that other shift personnel
supervised by the Fire Captain classification have
received an increase in compensation for the basic fifty-
six (56) hour work week due to the Fair Labor Standards
Act. This increased compensation has affected normal
compensation differentials between the classifications.
The parties have agreed to compensate for this change in
compensation by providing a one point five (1.5) percent
base wage adjustment for the Fire Captain classification,
effective January 5, 1987. This adjustment will remain in
effect only for so long as the Fire Fighter and Fire
Engineer classification receive Fair Labor Standards Act
overtime for the fifty-six (56) hour work week and Fire
Captains do not receive this compensation.
MAINTENANCE OF BENEFITS.
Except as specifically provided herein, BFSA hereby
expressly waives any right to request any improvements or
changes in the wages, hours or other terms and conditions
of employment for the employee-members represented by BFSA
which would take effect prior to April 1, 1989 and the
City of Bakersfield, through its representatives shall not
be required to meet and confer as to any such request.
The parties recognize that there are existing ordinances,
resolutions and policies relating to benefits and other
terms and conditions of employment and the same are not
affected by this agreement except as recommended herein.
CONTINUATION.
It is understood and agreed that this Memorandum of
Understanding is subject to all present and future
applicable federal and state laws and regulations, and the
provisions hereof shall be affected and implemented only
to the extent permitted by such laws and regulations. If
any part of this Memorandum of Understanding is in
conflict or inconsistent with such applicable provisions
of federal cr state laws or regulations, or otherwise held
to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part of provision shall be
suspended and superseded by such applicable laws and
regulations and the remainder of this Memorandum of
Understanding shall not be affected thereby and shall
remain in full force and effect.
-9-
TERM.
This agreement shall be effective as of the 1st day of
January, 1987 and shall remain in full force and effect
until the 31st of April, 1989 or until a new agreement has
been executed.
BAKERSFIELD FIRE
SUPERVISORY ASSOCIATION:
DATED:
MANAGEMENT:
DATED: $- ~- ~ 7
-10-
SUPPLEMENTAL
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF BAKERSFIELD AND
BAKERSFIELD FIRE SUPERVISORY ASSOCIATION
Ci ContmctNo.
This supplemental Memorandum of Understanding amends the Memorandum of
Understanding between the City of Bakersfield and the Bakersfield Fire
Supervisory Association accommodated the 2nd day of March 1987 and
extending through April 30, 1989, or until a new agreement has been
executed.
1.26 Flexible Hours Work Plan.
A trial work plan will be implemented for the Fire Training
Captain. The duration of such a plan shall be for a minimum of
three (3) months; at any time after the three (3) month period
the City may discontinue the flexible hours work plan. During
the first three months the schedule shall consist of 4 days per
week; ten hours per day.
Sick ~eave, vacation leave, and other leaves or benefits which
have been accrued and/or used in the past on the basis of an
eight (8) hour' work day shall continue to be accrued and/or used
on the basis of an eight (8) hour work day. For example, an
employee working a ten (10) hour day who is ill and desires to
use sick leave, must use ten (10) hours of sick leave to receive
full payment for the day in question. Accrual rates will remain
unchanged.
Flexible hours work plans resulting in employees working in
excess of eight (8) hours per day shall not result in an overtime
obligation for' the City~ For example, an employee working ten
hour days in a work week would not receive any overtime
compen sat i on.
CITY 0~ ~/AKERSFIE~ "? BAKERSFIELD FIRE SUPERVISORY
..... x" / ASSOCIATION