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
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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
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{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.
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].]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.
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].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:
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