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HomeMy WebLinkAboutResolution 106-86 RESOLUTION 106-86 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO - �wrr APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND ATASCADERO FIRE CAPTAINS BARGAINING UNIT WHEREAS, the City of Atascadero has met and conferred in good faith with the Atascadero Fire Captains Bargaining Unit for the pur- pose of discussing wages, benefits, and other conditions of employ- ment ; and WHEREAS, the City of Atascadero and the Atascadero Fire Captains bargaining Unit have reached an agreement regarding said wages, bene- fits, and other conditions of employment for the term of Fiscal Year 1986/87 and Fiscal Year 1987/88; NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council hereby approves the Memorandum of Understanding between the City and the Atascadero Fire Captains Bargaining Unit for Fiscal Year 1986/87 and Fiscal Year 1987/88 , and authorizes the City Manager, as the Employee Relations Officer , to enter into said agreement on behalf of the City. On motion by Councilperson NORRIS and seconded by Councilperson MOLINA , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: COUNCILMEMBERS BORGESON, HANDSITY, MOLINA, NORRIS AND 14AYOR MACKEY NOES: NONE ABSENT: NONE ADOPTED: 9/22/86 CITY OF ATASCADERO, CALIFORNIA By: MARJORIE MACKEY, Mayor ATTEST: BOYD C, SHARIT ., City erk low i APPROVED AS TO CONTENT: MIKE S ELTON, City Manager APPROVED AS TO FORM: ROBERT M. JTMES, City Attorney �Irr° MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ATASCADERO AND THE ATASCADERO FIRE CAPTAINS BARGAINING UNIT This Memorandum of Understanding is entered into between the Employee Relations Officer of the City of Atascadero, hereinafter referred to as "City, " and the Fire Captains' Bargaining Unit of the Fire Department Employees Association, hereinafter referred to as "Unit, " and made pursuant to California Government Code Sections 3500 et seq, City of Atascadero Municipal Code, Title 2, Chapter 2, Section 2-2 01 through Section 2-2 13, inclusive, and the City of Atascadero Resolution No 12-80, dated July 14, 1980, and subsequent amendments thereto The parties have met and conferred in good faith regarding employment terms and conditions for members of the Unit as recognized by the City of Atascadero on April 13, 1981, and, having reached an agreement, as herein set forth, submit this memorandum to the City Council with a joint recommendation that that body resolve to adopt the terms and conditions and take such other additional actions as may be necessary to implement its provisions Section 1 Purpose 1 1 It is the purpose of this Memorandum of Understanding, hereinafter referred to as "MOU, " to promote and provide for continuity of operation in employment through harmonious relations cooperation and understanding between Management and employees covered by the provisions of this MOU and to set forth the understanding reached between the parties as a result of good faith negotiations on matters set forth herein 1 2 This MOU shall replace and supersede the Memorandum of Understanding (MOU) reached between the Unit and the City, effective July 1, 1985 and earlier Memoranda between the Atascadero Fire Captains' Association and the Board of Directors of the Atascadero Fire Protection District Section 2 0 Full Understanding, Modifications Waiver 2 1 This MOU sets forth the full and entire understanding of the parties regarding the matters set forth herein Any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters, are hereby suspended or terminated in their entirety, if in conflict with this Memorandum -1- 2 2 No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties hereto unless made and executed in writing by both parties hereto and, if required, approved and implemented by the City Council 2 3 The Waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions Section 3 0 Sick Leave Fire Captains shall earn and use sick leave subject to the provisions of Section 9 5 of Resolution No 12-80, dated July 14, 1980 Sick leave credited from either District or City service may be used as available and needed subject to the City' s Personnel Rules and Regulations, except that any sick leave used shall first be deducted from the credited amount carried over from district service until such credits are exhausted It is agreed that nothing herein shall be construed as providing any vested right, monetary or otherwise, to any unused sick leave existing at time of retirement in accordance with the City' s Public Employees Retirement System contract Section 4 0 Vacation 4 1 Vacation leave shall be credited, computed and used as specified by Section 9 0, Employee Benefits, of Resolution No 12-80, dated July 14, 1980 4 2 It is agreed and understood that the taking of vacation shall be as scheduled by the Fire Chief subject to the needs of the City Section 5 0 Salaries 5 1 Effective July 5, 1986, salaries in effect on July 4, 1986, shall be increased by three and one half (3-1/2%) percent 5 2 Effective January 3, 1987, salaries in effect on January 2, 1987 shall be increased by two and one half (2-1/2%) percent 5 3 Effective July 4, 1987, salaries in effect on July 3, 1987 shall be increased by three (3%) percent 5 4 Effective January 2, 1988, salaries in effect on January 1, 1988 shall be increased by two (2%) percent -2- 5 5 For purposes of police-fire comparison Fire Captain shall be compared to Police Sergeant, Fire Engineer shall be compared to Police Officer with no comparable basic fireman vs police classification Section 6 0 Medical/Dental Benefits 6 1 Effective November 1, 1986 the City shall discontinue the medical and dental programs under the New England Life Insurance company Effective November 1, 1986 the City will offer employees the option of the California Care HMO Plan and either the Blue Shield Preferred Medical Plan or the Blue Shield Major Medical Plan as outlined pursuant to Appendix A Employees shall select one of the two Blue Shield plans by majority vote of those not selecting the California Care HMO The City shall also implement the Blue Shield Dental Program as outlined in Appendix A effective November 1, 1986 6 2 The City agrees to pay for all medical and dental benefit for each fire captain employee under the medical plan selected pursuant to 6 1 above 6 3 Effective November 1, 1986 the City agrees to pay up to, but not more than, $115 14 per month, per employee, toward the monthly medical and dental insurance premium for all eligible employee spouses, children or dependents as defined by the insurance agreements For those employees without dependents or who do not choose to enroll their dependents in the City plan, the $115 14 per month shall be paid to the employees as an addition to his/her regular per month 6 4 Effective November 1, 1987 the City shall increase its' contribution by an amount equal to the increased cost of the California Care and Blue Shield Dental program subject to a maximum increase of $10 00 per employee per month Section 7 0 Overtime 7 1 City agrees to pay all Fire Captains overtime, upon certification by the Fire Chief using authorized time card forms, for any overtime worked in excess of the established 56 hour work week (This is equivalent to 121 33 shifts per year ) Such overtime shall be computed using the rate of time and one-half applied to the 56 hour work week hourly wage scale for the individual concerned 7 2 No later than October 15, 1986 the City shall make all necessary changes to implement the additional overtime requirements of the Fair Labor Standards Act liar" -3- 7 3 Employees called back to work for hours not contiguous to a scheduled shift shall be compensated a minimum of two hours of overtime for each call back period Section 8 0 Holiday Time Unit employees shall receive five and 13/100 (5 13) shifts time as Holiday time for the term of the Agreement Holiday time will be credited at eleven (11) hours per month Section 9 0 Term Life Insurance 9 1 City shall maintain a term life insurance policy for each unit member in a total amount of Fifteen Thousand Dollars ($15, 000 00) and shall pay all premiums for such policy during the term of this Agreement 9 2 The City shall maintain a term life insurance policy for each dependent of each unit member in a total amount of One Thousand Dollars ($1, 000 00) per dependent and shall pay all premiums for such policy during the term of this Agreement. Section 10 0 General Benefits It is agreed that compensatory time off (CTO) , retirement and any other benefits and conditions of employment shall be as specified by City Resolutions No 12-80 and 52-82 and Atascadero Municipal Code, Chapter 2, inclusive Section 11 0 Probationary Period The probationary period for newly hired employees shall be eighteen months The probationary period for employees promoted to a higher classification shall be twelve months in the new classification Section 12 0 EMT Study During the second year of this agreement, the City shall conduct a pay survey of fire service agencies operating an EMT II Program Ten to fifteen agencies will be surveyed Section 13 0 Effective Date It is understood and agreed that the provisions of this MOU shall be effective as of 0001 a m , July 1, 1986, and shall remain in effect, unless modified by mutual agreement, until midnight June 30, 1988 -4- Section 14 0 Implementation 14 1 This MOU constitutes a mutual recommendation to be submitted to the Atascadero City Council It is understood that this MOU shall not be binding upon the parties either in whole or in part unless and until said City Council (a) acts, by a majority vote, formally to approve and adopt said MOU, (b) and acts in a timely manner to appropriate the funds necessary to implement the provisions of this MOU which require funding 14 2 Notwithstanding the foregoing, in the event the City Council fails to take all of the actions necessary for timely implementation of this MOU, either party may request the renewal of the meet and confer procedure Section 15 0 Provisions of Law 15 1 The MOU is subject to all current applicable federal, state and local laws, regulations and resolutions All ordinances, rules and regulations enacted by the City Council shall be subject to the appropriate revisions amendments and deletions necessary to conform with the purpose, intent and application of the provisions of this Agreement 15 2 If any part of provision of this MOU is in conflict or inconsistent with such applicable provisions of federal, state or local laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected Section 16 0 Applicability of Other MOU' s, Rules and Regulations It is agreed that all provisions of any existing or prior MOU' s, understandings or personnel policies, customs, practices and actions not specifically included in Atascadero Municipal Code, Title 2, Chapter 2, inclusive, and associated rules and regulations adopted by the City Council of the City of Atascadero, shall be superseded by the provisions of this MOU Section 17 0 Management Rights The authority of the City includes, but is not limited to the exclusive right to determine the mission of its constituent departments, commissions and boards, set standards of service, determine the procedures and standards of selection for employment and promotion; direct its employees, take disciplinary action for "just cause", relieve its employees from duty because NOW of lack of work or for other legitimate reason; maintain the -5- efficiency of governmental operations; determine the methods, manning and personnel by which governmental operations are to be conducted; determine the content of job classifications, take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organizations and the technology of performing its work; provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from consulting or raising grievances over the consequences or impact that decisions on these matters may have on wage, hours and other terms of employment Section 18 0 Peaceful Performance Clause The parties to this Memorandum of Understanding recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health, safety and general welfare of the resident of the City of Atascadero Association agrees that under no circumstances will the Association recommend, encourage, cause or permit its members to initiate, participate in, nor will any member of the bargaining unit take part in, any strike, sit-down, stay-in, sick-out, slow-down or picketing (hereinafter collectively referred to as work-stoppage) , in any office or department of the City, nor to curtail any work, or restrict any production, or interfere with any operation of the City In the event of any such work stoppage by any member of the bargaining unit the City shall not by required to negotiate on the merits of any dispute which may have given rise to such work stoppage until said work stoppage has ceased In the event of any work stoppage, during the term of this Memorandum of Understanding, whether by the Association or by a member of the bargaining unit, the Association by its officers, shall immediately declare in writing and publicize that such work is illegal and unauthorized, and further direct its members in writing to cease the said conduct and resume work Copies of such written notice shall be served upon the City If in the event of any work stoppage the Association promptly and in good faith performs the obligations of this paragraph, and providing the Association has not otherwise authorized, permitted or encouraged such work stoppage, the Association shall not be liable for any damages caused by the violation of this provision However, the City shall have the right to discipline, to include discharge, any employee who instigates, participates in, or gives leadership to, any work stoppage activity herein prohibited, and the City shall also have the right to seek full legal redress including damages, as against any such employee -6- ATASCADERO FIRE CAP�AINS CITY OF ATASCADERO ANING UNIT , DATEI DATE -7-