HomeMy WebLinkAboutRES NO 115-10~ ~
RESOLUTION NO. 1 15- 1 4
A RESOLUTION APPROVING ADOPTION OF TERMS AND
CONDITIONS OF EMPLOYMENT FOR THE FIREFIGHTERS
AND ENGINEERS UNIT AND THE FIRE SUPERVISORY UNIT OF
THE FIRE DEPARTMENT OF THE CITY OF BAKERSFIELD
WHEREAS, the Memorandum of Understanding between the City of
Bakersfield and the Bakersfield Firefighters Labor Organization (BFLO), IAFF,
LOCAL 246 and the Memorandum of Understanding between the City of
Bakersfield and the Bakersfield Firefighters Labor Organization, Fire
Supervisory Unit expired on March 31, 2008; and
WHEREAS, City of Bakersfield representatives and representatives of
BLFO have been meeting and conferring in accordance with Section
3500 of the California Government Code since January of 2008; and
WHEREAS, the City of Bakersfield's bargaining representatives
submitted the City's Last, Best and Final offer to BFLO on August 2, 2010
and again on August 11, 2010; and
WHEREAS, on August 11, 2010, BFLO rejected the City of Bakersfield's
Last, Best and Final offer; and
WHEREAS, on August 11, 2010 BFLO's bargaining representatives
confirmed that the City's Last, Best and Final offer was rejected and
agreed to waive the Impasse Meeting with the City Manager and
proceed to the Impasse Hearing before the Bakersfield City Council; and
WHEREAS, the City of Bakersfield's bargaining representatives
informed BFLO representatives on August 11, 2010 that because time was
of the essence, the terms of the City's Last, Best and Final offer would be
brought to the Bakersfield City Council for consideration at the first
regularly scheduled meeting in September, 2010; and
WHEREAS, the City of Bakersfield's bargaining representatives and
the City Manager hereby recommend approval and adoption of the
City's Last, Best and Final offer.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield as follows:
Page 1 of 3 Pages
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1. The foregoing recitals are true and correct and incorporated
in their entirety herein by reference.
2. Resalution No. 115-10 is approved, thereby adopting the
attached terms and conditions of employment for the term of September
9, 2010 through September 9, 2011 for the Firefighters and Engineers Unit
and the Fire Supervisory Unit of the Fire Depdrtment of the City of
Bakersfield.
3. This Resolution shall become effective immediately upon its
passage and adoption.
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Page 2 of 3 Pages
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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 S€R 2 2 2010 , by the following vote:
✓ ✓ ✓ ~ ✓
AY . ~ . COUNCILMEMBER: CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER: ~
ABSENT: COUNCILMEMBER:
APPROVED as to form:
VIRGINIA GENNARO
City AttorneW
By:
VIPtS~INIA GENNARO
City Attorney
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S:\C0UNCIL\Resos\10-11 \BFLO.Reso.Doc
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ROBERTA GAFFORD, CAAt
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
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APPROVED: SEP 2 2 2010
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TERMS AND CONDITIONS OF EMPLOYMENT
FOR THE FIREFIGHTERS AND ENGINEERS UNIT AND THE FIRE SUPERVISORY UNIT
OF THE FIRE DEPARTMENT OF THE CITY OF BAKERSFIELD
The following terms and conditions of employment shail be in effect from
September 22, 2010 through September 22, 2011 for employees in the Firefighters and
Engineers Unit and the Fire Supervisory Unit of the Fire Department of the City of
Bakersfield.
ARTICLE 1.06.1 SALARY:
No change for term of agreement.
ARTICLE 1.06.2 RETIREMENT CONTRIBUTIONS:
Subject to November Ballot Measure.
ARTICLE 1.57 TERM:
1 year September 22, 2010 - September 22, 2011
ARTICLE 1.54 RETIREMENT (Formula):
Subject to November Ballot Measure.
ARTICLE 1.37 STAFFING:
ARTICLE 1.39 Eliminate section (Except: 1.37.2 Constant Staffing:
ARTICLE 1.40 Paragraph 2; No individual will be allowed to work more
than Ninety-six (96) consecutive hours under
the constant staffing program.).
Items Tentatively Aareed To
ARTICLE 1.01.2 CONFLICT OF MEMORANDUM and RESOLUTION:
It is understood and agreed that there exists within the City and
the Department, in written form, certain Personnel rules, policies,
practices and benefits, generally contained in the City's Civil
Service Rules and Regulations, apd Ordinances, and Fire
Department Policies. In the event of proposed changes to said
rules and regulations that substantively effect the terms and
conditions of empioyment of bargaining unit employees, the
Organization shall be advised for the purpose of enabling the
City and Organization to meet and confer, as soon as possible,
with respect to any such proposed change. With regard to
bargaining unit employees oniy, the City shall not have the right
to change said rules and regulations where such changes are
expressly prohibited by specific provisions of this Memorandum
of Understanding without prior negotiations with the
Organization. The City does have the right to change said rules
and/or regulations as they might affect other employees not
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covered by this Memorandum without prior meeting and
conferring with the Organization.
ARTICLE 1.08 BI-LINGUAL PAY:
Firefighters/Engineers capable of speaking Spanish shall be
eligible to receive an additional Twenty-Five ($25.00) Dollars per
pay period. To be eligible, an employee must; 1) Pass the test
demonstrating conversational fluency in Spanish; 2) Pass
periodic retests in language skills; 3) Serve as translators as
required. During the time of any leave of absence without pay,
employees will not be eligible for Bilingual Pay.
ARTICLE 1.09 HEALTH AND WELFARE:
Current Practice
ARTICLE 1.10 UNIFORM ALLOWANCE:
The uniform annual allowance shall be
8ellaFs One Thousand and Fifty ($1,050.00) Dollars. 9Re-haJ#
jURe , 2006, earned and paid bi-
weekly on a pro-rata basis. During the time of any leave of
absence without pay, employees will not be eligible for Uniform
Allowance.
ARTICLE 1.11 HOLIDAYS:
Not accrued during unpaid leaves of absence.
ARTICLE 1.13 SICK LEAVE:
Not paid during unpaid leaves of absence.
ARTICLE 1.18.1 VACATION BUY BACK:
Eliminate except for BCs.
ARTICLE 1.22 RETIREE MEDICAL:
d.) The ICMA Vantage Care Retiree Health Savings Account
program (RHSA) will be implemented for all unit employees.
The RHSA will provide for deposit of termination payouts into the
employees account
GGRtFibUtIOR5. A prospective leave contribution in the form of
designated holiday pay contributions will be included. These
and other provisions will be as set forth in the agreement
between the City and ICMA.
The City assumes no liability for adverse tax rulings by the IRS
relative to this program.
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Employees hired after May 5, 2006 wilf not participate in either
of the retiree health subsidy programs set forth in this section. In
lieu, the City will match up to one ( t%) percent annual salary of
the empfoyee's annual ROa mandatory contributions to their
Retirement Heaith Savings Account commencing the beginning
of their sixth (6th) year of employment.
ARTICLE 1.51.2 NON-DISCRIMINATION LANGUAGE:
The City and the Union agree that there shall be no
discrimination of any kind on the basis of race, creed, color,
religion, national origin, sex, sexual orientation, disability, age,
political affiliation, legitimate Union activity, or lack of Union
activity, or any other basis prohibited by applicable federal and
state !aw against any employee or applicant for employment.
In addition, the Union shall cooperate with the City to the extent
authorized by federal and state laws and regulations, in
furthering the City's objective of promoting equal employment
opportunities.
ARTICLE 1.54 RETIREMENT (CAL PERS OPTIONAL DEATH BENEFIT 2):
The City will implement a PERS Option 2 Death Benefit
Maintenance of Benefits: The CITY agrees to maintain all other terms and conditions of
employment set forth in the Memorandum of Understanding between the City of
Bakersfield and the Bakersfield Firefighters Labor Organization, IAFF, Local 246 -
Firefighters and Engineers Unit; and the Bakersfield Firefighters Labor Organization - Fire
Supervisory Unit, both of which expired as of March 31, 2008.
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