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HomeMy WebLinkAbout36- Public Hearing M © ('1i N ON-DISPUTED ITEMS CLEAN-UP LANGUAGE ON VACATION LEAVE SICK-LEAVE DEFINITION AND GUIDELINES FITNESS FOR DUTY EXAMS LEAVE PROVISION LANGUAGE VARIOUS PARAMEDIC ASSIGNMENT RULES RE-EMPLOYMENT WORK UNIFORM REPLACEMENT ON-CALL, CALL-BACK, AND STAND-BY PERSONNEL FILES EMPLOYEE UNION REPRESENTATIVES POLYGRAPH EXAMINATION ANNUAL VACATION AND HOLIDAY SELL-BACK SEVERABILITY WELLNESS PROGRAM TWO-YEAR TERM BILINGUAL PAY #2 FIRE SAFETY EMPLOYEES 186 SALARY INCREASES - 2.6% TO 4.1% Salary Sub-total 3529635 CITY TEAM PROPOSAL BENEFITS PROPOSALS: Bilingual Pay 59119 Wellness Program 3,020 4% PERS Contribution (vs. 7%) -2449332 Freeze City Health Contribution 0 50% Tuition Reimbursement/3 units -880 (vs. 100%/6 units) Educational/Longevity Pay -961,017 Final Year Sell-Back 0 (savings for 94/95 unfunded liability) Leave for Union Functions -14,231 Benefits Sub-total $3479221 NET TOTAL INCREASE $5,414 MAJOR IOR ECONOMIC REQUESTS OF FIRE LOCAL 891 * NET INCREASE IN VACATION ACCRUALS Average increase of 4 hours annually. Variance: $70,484 * INCREASE IN HEALTH INSURANCE BENEFITS FOR RETIREES Reduce health benefits for current employees and increase retiree medical benefits Variance: $57,888 * ADDITION OF POST-SURVIVORS' RETIREMENT BENEFIT Monthly allowance to eligible survivors of retirees Variance: $229,047 FIRE UNION PROPOSAL IS $357,419 OVER AND ABOVE CURRENT BENEFITS #3 0 0 1 RESOLUTION NO. 93 '/ J 7 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING AND IMPOSING WAGES, HOURS, INSURANCE 3 BENEFITS AND WORKING CONDITIONS FOR FIRE SAFETY EMPLOYEES WORKING IN JOB CLASSIFICATION REPRESENTED BY FIRE FIGHTERS, LOCAL 891 4 WHEREAS, the Memorandum of Understanding ( "MOU" ) between the 5 City and Fire Fighters Union, Local 891 expired on July 1, 1992; 6 and 7 WHEREAS, the City's representatives have met and conferred 8 with representatives of Fire Fighters Union, Local 891 to 9 negotiate a successor MOU (Government Code 53500 et seq) , of the 10 State of California; and 11 WHEREAS, the City' s representatives and the Union' s 12 representatives did not reach agreement on a successor MOU; and 13 WHEREAS, the City invoked the impasse resolution procedures 14 contained in Section 13 of City Resolution No. 10584; and 15 WHEREAS, a resolution impasse hearing was conducted by the 16 Mayor and Common Council on April In 1993, and has been continued 17 from time to time, 18 NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON 19 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 20 SECTION 1. The amendments to the 1991 and 1992 MOU as 21 they affect working conditions for fire safety employees working 22 in job classifications represented by Fire Fighters Union, Local 23 891 made in the last, best offer of the City representatives have 24 been reduced to writing and are contained in Exhibit A, which is 25 attached hereto and is incorporated by reference into this 26 Resolution. 27 SECTION 2. The Mayor of tI,e City of San Bernardino is 28 21- 0 0 1 authorized and directed to implement the provisions of Exhibit "A" 2 for and on behalf of the City of San Bernardino, with the 3 exception that the discontinuation of the City' s payment of three 4 percent (3%) of the employees' contribution share into the Public 5 Employee' s Retirement System (PERS) ( Section 4) is hereby deleted 6 from Exhibit "A" . 7 8 9 10 it 12 13 14 15 16 17 18 I /// 20 21 22 23 24 25 26 27 28 :]u[FIRHSAFR.RES] -2- 0 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ESTABLISHING AND IMPOSING WAGES, HOURS, INSURANCE 2 BENEFITS AND WORKING CONDITIONS FOR FIRE SAFETY EMPLOYEES WORKING IN JOB CLASSIFICATION REPRESENTED BY FIRE FIGHTERS, LOCAL 891 3 4 I HEREBY CERTIFY that the foregoing resolution was duly 5 adopted by the Mayor and Common Council of the City of San 6 Bernardino at a meeting thereof, held on the 7 day of 1993, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 REILLY 11 HERNANDEZ 12 MAUDSLEY 13 MINOR 14 POPE-LUDLAM 15 MILLER 16 17 City Clerk 18 The foregoing resolution is hereby approved this day 19 of 1993. 20 W. K. Holcomb, Mayor 21 City of San Bernardino 22 Approved as to form and legal content: 23 JAMES F. PENMAN, 24 City Attorney 25 By: 26 27 / 28 o++s:bwnessnre.x�] -3- ® ATTACHMENT 3 FIRE SAFETY EMPLOYEES NEGOTIATIONS CITY OF SAN BERNARDINO AND FIRE FIGHTERS LOCAL 891 The following is a proposal by the negotiating team (Barbara Dillon, Will Wright, Dan Dickerson, Barbara Pachon, Peggy Ducey). This proposal is subject to review and approval by the Mayor and Common Council, and is dated 3/19/93. 1. VACATION Add k1: to Article 10: '20 days or 10 shifts." Add k2: "No vacation shall be granted if service is less than one year. In the event an employee has been permitted to take vacation which exceeds the number of hours actually accrued, a deduction shall be made from the hours actually accrued, a deduction shall be made from the employee's final compensation for the number of hours in excess of the accrual.' Revise: "Resolution No. 6433, Section Eleven, shall remain in effect where applicable to bargaining unit members, except as modified by this MOU." 2. SICK LEAVE Add the following to Article 11, following the first sentence in the current MOU: 'Definition of Sick Leave Sick leave means the absence from duty of any employee because of illness or injury (except as noted below), exposure to contagious disease, or attendance upon a member of his/her immediate family who is seriously ill and requires the care of, or attendance of, an employee. Immediate family means: husband, wife, grandmother, grandfather, mother, father, sister, brother, son, daughter, uncle, aunt, mother-in-law, father-in-law, step-parents, step-children. An employee may not use accumulated sick leave in conjunction with an industrial injury.' 'Sick Leave Guidelines Not more than five (5) days or 2-1/2 shifts of sick leave within any calendar year may be granted to employees for the care of, or attendance upon, members of their immediate family. No employee's absence due to illness in excess of five(5)days or 2-1/2 shifts shall be approved, except after the presentation of satisfactory evidence of illness; and, a certificate from a practicing physician shall be required by the Chief for approval concerning such absence. EV tq,56— 1014 04, 6 of 22 O 4 FIRE SAFETY EMPLOYEE NEGOTIATIONS March 1993 Page 2 In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor prior to the time set for beginning their daily duties, or as may be specified by the Chief. Sick leave shall not be considered as a right which employees may use at their discretion, but shall be allowed only in case of necessity and actual personal illness, except as otherwise provided herein.' Revise sick leave accrual: "For semi-monthly payroll, sick leave will accrue at the rate of 8.0 hours per month or at a rate of 4.0 hours per pay period for employees scheduled to work forty hours per week, or 1/2 shift per month or 6.0 hours per pay period for shift employees, with no limit as to the number of days/shifts that may accrue." Revise: "Resolution No. 6433 Section Eleven, shall remain in effect where applicable to bargaining unit members, except as modified by this MOU." 3. FITNESS FOR DUTY Add a new article to the MOU, stating that, 'The Department shall have the right to schedule regular, full-time employees for a fitness-for-duty examination to verify their continued ability to perform their jobs. The Department shall pay for fitness-for-duty exams, when the employees have been notified of, and keep, the scheduled appointment. Employees will be paid for the time spent for the examination.' Attach as an exhibit a copy of Department Director Letter 1152, "Fitness-for-Duty-Physicals.' 4. RETIREMENT PLAN Revise last paragraph of Article 14 to read, "The City will pay four percent (4%) of the members' contribution to PERS credited to the employee's account as a fringe benefit, effective July 1, 1993. 5. LEAVE PROVISIONS Delete the following language from Article 15: "Employees elected to the Union Board shall be granted time off to perform official Union functions, including attendance at conventions, conferences, and seminars, without loss of pay up to a maximum of 288 hours total time per calendar year in the aggregate for such employees. This time is cumulative up to a maximum of 576 hours.' 7 of 22 i FIRE SAFETY EMPLOYEE NEGOTIATIONS March 1993 Page 3 6. HEALTH INSURANCE Revise Article 16 to state: "Effective August 1, 1993, the City shall contribute payment for each employee and one dependent, based on the cost of the Kaiser premium using August 1, 1992, rates or August 1, 1993 rates, whichever are lower. In addition, the City will provide payment of the Mission Dental High Option plan, for the employee and one dependent using August 1, 1992 rates or August 1, 1993 rates, whichever are lower. The City shall contribute the following flat rates for the purchase of insurance benefits offered by the City, effective August 1, 1993: $177.46 or less for employees with no dependents, and $348.82 or less for employees with one or more dependents. Any contribution not utilized by an employee shall revert to the City." Add language on "Birthday Rule": "If both the employee and their legal spouse have health coverage available, the plan of the parent whose birthday falls first in the calendar year is the primary plan for their children. If the spouse's birthday falls first in the calendar year, the spouse's plan will be the second- pay provider for dependent children. In cases involving a dependent child whose parents are separated or divorced, plans covering the child as a dependent will be covered in the following order: first, the plan of the parent with custody of the child; then, if that parent has re-married, the plan of the step-parent with custody of the child; and, finally, the plan(s) of the parent(s) without custody of the child. If there is a court decree establishing medical, dental, or other health care expenses of the child, then the plan which covers the child as a dependent of that parent will take precedence." 7. PARAMEDIC ASSIGNMENT Revise Article 19, as follows "In qualifying for paramedic status, paramedics must meet and maintain the following standards: A. Recertify after completion of probation. B. Recertify on a bi-annual basis. Paramedics failing to meet the above standards may be subject to termination from employment as a paramedic. Paramedics will use their own time for earning Continuing Education Units. The City will pay initial recertification fees charged by the County. Paramedics will pay for a repeat test, if they fail a previous test. o _r o0 4 FIRE SAFETY EMPLOYEE NEGOTIATIONS March 1993 Page 4 Continuing education time will be met during on-duty hours, if possible, and that overtime shall be paid for any off-duty required training to maintain a Paramedic Certification. No more than 8 hours overtime shall be paid for off-duty training per paramedic per fiscal year. Each such overtime request requires the approval of the Fire Chief or designee." Delete all language on paramedic bonus pay. Add: 'In situations involving Voluntary Demotions, the Civil Service Rules will be followed. Currently, this is Rule 510." This revision will be effective as of the date approved by the Mayor and Common Council. 8. PROBATIONARY PERIOD Revise Article 21 to add: 'All newly promoted employees must also serve a one-year probationary period.' 9. WORK UNIFORMS Add to Article 22, 'guidelines for Fire Safety Employees include obtaining approval from the Battalion Chief, obtaining a "chit" from the Storekeeper, and going to the vendor, for uniforms.' 10. TUITION REIMBURSEMENT Revise Article 25, as follows: Eligbilily "Approval will be limited to courses given by accredited colleges and universities, city colleges or adult education courses under the sponsorship of the Board of Education. No mail-order courses will be approved. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program, but may be authorized and funded by the Department upon approval of the City Administrator." Reimbursement 'Effective July 1, 1993, the amount of reimbursement shall be 50'% of the equivalent of the tuition costs for up to three (3) units per quarter as charged by the California State University, San Bernardino, or one and one-half times that amount, if on a semester system. The Director of Personnel will recommend approval or disapproval based on the availability of budgeted funds 9 of 22 i © O FIRE SAFETY EMPLOYEE NEGOTIATIONS March 1993 Page 5 for education tuition assistance.' Procedures 'Employees will submit copies of their approved applications to the Personnel Department according to City policies and procedures. Employees must include official verification of their final grades, with appropriate receipts for tuition costs. These will be returned to employees upon request. Applications not submitted to the Personnel Department according to City policies following completion of the course become void." 11. EDUCATIONALJLONGEVITY PAY Delete Article 28 on Educabonal[L.ongevity Pay, effective as of July 1. 1993. 12. ON CALL. CALL-BACK, STAND-BY Revise language, per Attachment A to this proposal. 13. PERSONNEL FILES Revise Article 34, and add: 'Should a member refuse to sign, that fact should be noted on the document and signed or initialed by a witness who is a union representative, if the union representative is present." 14- INVESTIGATION RIGHTS Revise Article 36 to read, 'For the purpose of this Article, punitive action is defined as dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment.' 15. EMPLOYEE REPRESENTATIVES Revise Article 40, as follows: "The Union shall notify the City of names of each Job Representative each January.' 16. GRIEVANCE Revise Article 41, as follows: Second paragraph under PURPOSE: Add, "This article supersedes the grievance procedure in Resolution 10585.' 10 of 22 o FIRE SAFETY EMPLOYEE NEGOTIATIONS March 1993 Page 6 DEFINITION OF A GRIEVANCE: "A grievance is an alleged violated of this MOU . . . The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure, or through appeals to the Civil Service Board. If the employee chooses to appeal disciplinary action to the Civil Service Board, he/she shall be precluded from filing a grievance. Additionally, allegations of discrimination and harassment shall be submitted to the Affirmative Action Officer.' CONSOLIDATION OF GRIEVANCE: Add, "The City also has the right to consolidate responses to grievances. If the grievant is a group of three (3) or more employees, the group shall appoint one(1) or two (2)employees, who signed the grievance, to speak for the collective group throughout the grievance process.' STEPS IN THE GRIEVANCE PROCEDURE: The grievance must be submitted to the Informal Step within ten working days of the incident causing the grievance, or of the grievances knowledge of the incident's occurrence. The date and the subject of the incident should be provided with the request for the informal meeting. Within ten working days of the presentation of the grievance, the supervisor shall provide an oral response to the employee.' Stec 2 Meet with Division Head, Battalion Chief after Division Head, i.e., Division Head/Battalion Chief. Stec 3 Meet with Fire Chief Add, or Designee after Fire Chief, i.e., Fire Chief or Designee. Step 4 Review by the Director of Personnel: "Within ten working days after receiving the appeal, the Director of Personnel, or his/her designee, shall meet with the employee, and, if the employee desires, the designated Union representative. The Director of Personnel or designee shall deliver his/her answer, in writing, to the employee within the ten working days after the meeting." Step 5. Final Steo: 'a. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Administrator or his/her designated representative within ten working days from the date of delivery of said answer. State in writing the desired result. b. The City Administrator or his/her designated representative shall deliver his/her answer, in writing, within the ten working days after receipt of the appeal. C. The decision of the City Administrator or his/her designated representative is final and binding on all parties, unless reversed by a court decision. 11 of 22 FIRE SAFETY EMPLOYEE NEGOTIATIONS March 1993 Page 7 d. All grievances shall be treated as confidential, and no publicity will be given the final resolution of the grievance.' 17. LABOR MANAGEMENT COMMITTEE Revise Article 43, to read: "The Union will meet with Fire Department management on a munially agreeable basis to discuss matters pertinent to the welfare of the Department and the employees. The Union will designate four representatives employed by the City of San Bernardino Fire Department to serve on the Committee. The City will designate up to four representatives to serve on the Committee. Either the Union or the City may have additional members present, when mutually agreed upon in advance of a scheduled meeting. Normally, such meetings shall be during regular working hours." 18. FLEXIBLE STAFFING/VACATION & HOLIDAY SELL-BACK Revise Article 44, to read: "Once per year, each person in the bargaining unit will be granted the option of selling their vacation and holidays back to the City. Employees may sell back prospective holiday and/or vacation time up to six shifts of holiday and ten shifts of vacation. Holiday and/or vacation usage picks will be made no later than December 31st each year. The Fire Department will provide this information to the Finance Department, by February 1st of the following year. The Finance Department will process sell-back information for a lump-sum payment on the first pay-day in March each year. Individuals who do not use all of the available holidays within the calendar year will have the balance of holiday hours remaining paid by the following March.' Delete the following language, effective March 1. 1993: "In the employee's final year, the employee may sell back prospective holiday and/or vacation time up to six shifts of holiday and ten shifts of vacation. This final year sell-back shall be converted to salary and reported to the Public Employees' Retirement System as such." 19. WELLNESS PROGRAMS Add a new article to the MOU, stating that, 'Each member of the bargaining unit is eligible to participate in a City-sponsored program of quarterly cholesterol checks and dietary counseling, effective July 1, 1993.' 12 of 22 FIRE SAFETY EMPLOYEE NEGOTIATIONS March 1993 Page 8 20. TERM Revise Article 47, as follows: 'With the exception of specific dates for individual Articles, this MOU shall be effective from July 1, 1992 through June 30, 1994. If negotiations regarding a Memorandum of Understanding are in progress on July 1, 1994, this MOU shall remain in effect until a successor Memorandum of Understanding is adopted by the City.' 21. BILINGUAL PAY Add a new article to the MOU, stating that, 'Each fiscal year, starting July 1, 1993, up to six (6) members of the unit who meet the City's certification and eligibility requirements shall be compensated at the rate of 350/month for bilingual pay. The Fire Chief or designee will retain the right to select the six (6) eligible employees and to assign bilingual employees to different Fire Stations in areas of the City where use of employee skills would be maximized. The City shall reserve the right to determine languages for which testing will be conducted.' FUL"EGOTIAMNS:PROPOS AL.3M 13 of 22 I Attachment A Article 30 - On-Call Call-Back Stand-bv 'Any employee on 'on-call' status will receive a minimum of two hours pay at time and one- half for all or any portion of a twenty-four hour day. If 'called back' any time within the feat two hours of 'on-call,' the time worked will be deducted from the two hours 'on-call.' If the 'call-back' occurs after two hours expire, 'call-back' time will be clocked from the time the employee receives the call to report. Compensation for that time is in addition to the 'on-call' status. In the event an employee is placed on 'standby' for court subpoena, the employee will receive two hours 'standby' pay at time and one-half. If the employee is called to court and does not go beyond 1200 hours on that day, it will be considered part of the two hours 'standby.' If the employee has to appear after the noon recess, any additional time will be added to the two hours 'standby' plus one-half hour travel time. In cases where the subpoena is for 1330 hours, or another time, the 'standby' will start with time stated on the subpoena. In those cases where the subpoena is for 1330 or later, the employee's time will be computed at the amount of time between the time of subpoena and 1700, plus thirty minutes travel time. In the event the employee is required to pay parking fees, the employee will be reimbursed. If the employee is required to stay through noon recess, he will be paid for the actual time spent. All 'standby,' 'on-call' and 'call-back' pay will be at the time and one-half overtime rate.' 14 of 22