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HomeMy WebLinkAboutRES NO 39-85RESOLUTION NO. 39-85 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; and WHEREAS, the Council has determined that provisions of the attached Memorandum of Understanding shall commence on January 1, 1985, and expire midnight on January 1, 1987, for all employees of said unit employed on the date of adoption of this resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that commencing on January 1, 1985, 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 if hereby incorporated and approved as the Memorandum of Understanding between the City of Bakersfield Supervisory Unit for the period January 1, 1985, 1987. and the Fire to January 1, .......... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at regular meeting thereof held on the 27th day of March , 1985, by the following vote: a AYES3: C~OUNCiLMEN: BARTON. CHILDS, CHRISTENSEN, D~CKERSON. MOORE. RATT~. ROCKOFF NOES: COUNCILMEN; ABSENT: COUNCILMEN: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED this 27th day of MArch , MAYOR of the City of B~kersfield 1985 APPROVED as to form: CItY ATT~EY of the C' y of Bakersfield RJO/bl R.MOU-FSU 2. AGREEMENT NO~ 85-46 MEMORANDUM 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: A. 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). B. Representatives of management for the City of Bakersfield and represen- tatives of BFSA have met on a number of occasions and have conferred in good faith exchanging a number of proposalIs concerning wages, hours, fringe benefits and other terms and conditions of employment for employee-members represented bv BFSA. C. Representatives of management for the City of Bakersfield and represen- tatives 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 recommen- dations. THEREFORE, the representatives of Management for the City of Bakersfield and the representatives of BFSA agree as follows: 1. The parties hereto shall jointly recommend to the City Council of the City of Bakersfield 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.I Salaries. The salary ranges for the classifications of the unit shall be amended as follows: 1.1.1. General Salary Increase: 5% January 7, 1985 1% January 6, 1986 1.1.2 Inequity Salary Increases. 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 genera] wage adjustments under section 1.1.1 above, the increases shall occur simultaneously and not be compounded. 2.5% January 7, 1985 2.5% July 8, 1985 2% July 7, 1986 1.1.3 Retirement Contributions. Effective January 6, 1986 the City's contribution towards employees PERS contribution shall be increased to 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. 1.2 Medical and Dental Benefits. Effective January 1, 1985 the City shall pay the cost of medical and dental insurance premiums, subject to the following maximum amounts: ~ategory Bi-Weekly Maximum Employee only $ 42.14 Employee + 1 84.97 Family 114.05 Effective January 1, 1986 the City shall increase its maximum medical and dental insurance payments in an amount equal to the increase in cost in the Health and Dental Net programs subject to the following maximum amounts: Category Bi-Weekly Maximum Employee only $ 46.35 Employee + 1 93.47 Family 125.45 Further, if the Health and Dental Net premiums increase by more than fifteen percent, the City shall revise its contributions to reflect payment of one- half of the amount over fifteen percent. Employees shall pay the balance through payroll deduction. The difference between payroll deduction for those employees enrolled in the Health Net family category under the new contribution levels and that actually paid by payroll deduction for the period beginning December 24, 1984 shall be refunded to those employees. Effective December 24, 1985 the City shall end payments to the medical reserve fund. The fund shall remain in existence until it is depleted through the payment of increased employee medical insurance premiums or other agreed upon expenditures. 1.3 Uniform Allowance. The uniform allowance for the employees in -2- the up~ shall be $~00.00 per year payable in installments of $200.00 on or before July 1st of each year and $200.00 of or before December ]st of each year. 1.4 Holidays. Fire Suppression personnel in the unit accrue holiday pay at the rate of five and one-half (5½) shifts per year. Such holiday pay is to be paid on a pro-rata basis as follows: One-half (½) on or before December 1st of each year and one-half (½) 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 Controll Division, as man power is available. 1.5 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 fs required to stand by for more than one (1) hour, in which case the two (2) hour minimum applies. Such callback time shall be paid at the rate of time and one-half in cases of callback for shift work or other non-emergency work. Double time shall be paid for callbacks for fires, fire watches, manning reserve fire apparatus during fires, and other emergency situations, such as windstorms, earthquakes, rescue and flood. 1.6 Sick Leave. 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 (56) 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 five point six (5.6) shifts as vacation and the other half will be paid to him the following January. An employee who has accrued 56 shifts and who uses a portion of his 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 o~ illness or injury or exposure to contageous disease which incapacitates such employee from performing his duties, or (b) absence from duty for attendance upon a member of his immediate family because of illness, injury, death or exposure to contageous 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 leaw~ absences with pay for attendance upon employee's immediate family shall be limited to not more than five (5) days -3- {two and one-half (2~] :~hifts5 d,ring each fiscal year. Sick leave absences with pay because of death in the employee's immediate family shall not ex- ceed five (5) (two and one-half (2!~) shifts) for each instance. 1.7 Bereavement Leave. Effective im~nediately, employee 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 1.6 above. 1.8 Compensatory Time. Fire personnel on five (5)-day per week work schedule may accumulate compensatory time up to 60 hours. Any compensatory time in excess of 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 the time off for comp time in excess of 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. 1.9 Standby. Effective January 7, 1985 fire prevention employees assigned to standby shall receive $I10.00 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. Effective January 6, 1986 the standby compensation shall be increased to $160.00 per week of standby. Existing language on standby compensation for holidays shall continue unchanged. 1.10 Vacation split. Employees who accumulate seven (7) or more shifts of vacation per year shall be allowed to request a split of 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. 1.11 Physical fitness program. The City and Union agree to form a committee to determine the feasibility of implementing a physical fitness program. 1.12 Grievance Procedure. The parties shall continue to utilize the grievance procedure found in the Memorandum of Understanding with the Fire Unit for any grievances ariving in the Fire Supervisory Unit. It is understood that under Section ~.20 E of that Memorandum of Understanding either party may be represented by legal counsel or any other representative. 1.13 Retiree Medical. Effective January 1, 1985 only employees with a minimum of 15 years accumulated service shall be eligible for participation in the retiree medical insurance program. The 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 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. -4- ].]4 No Strike or Lockont. The C~ty agrees not to engage in any lockouts of the 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 t~ disciplinary action, up to and including discharge. No employee organization, its representatives, or members shall engage in, cause, instigate, encourage, or condone a 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 lawufl 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 sucb organization, and prohibit teh 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 of 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 Notice 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 he filed within seven (7) days after the affected employee organization first receives notice of the decision upon whicb its completion is based, or its complaint will be considered closed and not subject to any other appeal. 1.14 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 Sections 3.16.040, 3.16.050 and 3.]6.060(C) of Ordinance No. 2154 and said sections are hereby incorporated by this reference and made a part hereof as though set forth in full. 1.15 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 January 1, 1987 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 employ- ment and the same are not affected by this agreement except as reco~ended herein. -5- ].16 Continuation. It is understood and agreed that th~s 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 or state laws or regulations, or otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part of provision ahall 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. 1.17 Term. This Agreement shall be effective as of the 1st day of January, I985 and shall remain in full force and effect until the 31st day of December, 1986 or until a new agreement has been executed. BAKERSFIELD FIRE SUPERVISORY AS~CIATION: DATED: -6-