HomeMy WebLinkAboutSummary of Tentative AgreementCITY OF NATIONAL CITY ! NATIONAL CITY FIREFIGHTERS' ASSOCIATION
2010 MOU NEGOTIATIONS
PACKAGE TENTATIVE AGREEMENT
Term: 3-year term, from January 1, 2011 to December 31, 2013
Article 1, Section 1 (Recognition)
The National City Firefighters' Association is the exclusive representative of probationary and
career employees in the following classes:
4 Firefighter
4 Fire Engineer
4 Fire Captain
4 Battalion Chief
+ Deputy Fire Marshal
Article 2 (Work Week)
(A) Fire Suppression — Fifty-six (56) hours shall constitute the normal workweek for
personnel assigned to this division. The normal shift length for personnel assigned to this
division shall be twenty-four (24) hours, The normalshift change shall occur at 0800
(8:00 a.m.). Sunday routine shall be as follows: The hours from 0800 to 1300 hours shall be
regular operations. After 1300 hours shall be considered stand by time and operations
personnel are not expected to perform work of a non -emergency nature.
(B) Forty Hour Assignment - Forty (40) hours shall constitute the normal workweek for
personnel temporarily assigned to the operations, prevention or administration divisions.
The normal work day for personnel assigned to this division shall be eight (8) hours, and
begin at 0800 (8:00 a.m.) daily. Such assignment shall not exceed twelve (12) months,
except for those positions designed and filled as permanent 40-hourassignments or with
the consent of the temporarily assigned employee and approval of the Chief.
(C) 9/80 Assignment — Employees on a forty hour assignment are eligible to participate in
the "Alternative 9/80 Work Schedule' if approved Jy$he Fire Chief or designees,
The parties agree that the 9/80 alternative work schedule will continue to be
monitored and the City retains the right to discontinue the 9180 schedule so long as the City
provides the employee and FFA with thirty (30) days advance notice and provides FFA with a
reasonable opportunity to meet and confer on the change.
The standard work schedule for an employee on a 9/80 work schedule shall be nine (9)
hour days four days per calendar week plus one eight (8) hour Friday once every two
Deleted: (other than those employees
already holding title of Battalion Chief on
December 31, 2004)
Deleted: platoon
Deleted: ,
Deleted: subject to approval of
Deleted:
Deleted: , and in accordance with the
restrictions andfor requirenents for the
Deleted: "Alternative 9/80 Work Schedule"
set forth in the side letter to the Memorandum
of
Deleted: Understanding currently in effect
between the City and the National Cily
Municipal
Deleted: Enployees Association.
City of National City 1 National City Firefighters' Association
2010 MOU Negotiations
City Package Proposal — 5/17111
Page 2
calendar weeks. The workweek is a 168 hour (i.e. seven 24-hour periods) commencing at
the mid -point of the employee's 8-hour Friday. Due to this workweek, and to ensure the
9180 schedule does not impact overtime, an employee working his regular 9/80 work
schedule shall not be entitled to overtime.
Leave time (including Admin, Vacation and Sick) will continue to be accrued at the same
rate, but will be taken in accordance with however many hours of work are missed.
Holidays and floating holidays falling on an employee's 9-hour day will continue to be
compensated at a rate of eight (8) hours of the employee's regular rate of pay and
employees wit have the option of using accrued leave time (vacation, floater, admin or
comp time) for the additional hour. When a holiday falls on an employee's Friday off, the
day will be accrued as a floater to be taken at a later date. These floaters must be used
prior to the end of the fiscal year in which the floater was earned. The use of the floater is
subject to supervisor approval like other requests to use leave time. If workload and
staffing issues, as determined by supervisors, create a situation in which a holiday leave
floater cannot be used by the end of the fiscal year, the holiday leave floater can be carried
over to the next fiscal year.
Article 3 (Uniform Allowance)
In addition, the City will provide $654annually for each employee covered by this agreement to be
applied toward the purchase and maintenance of the shirt, belt, utility jacket and non -safety
trousers prescribed by department. The uniform allowance will be included in the first full pay
period in July as part of the applicable payroll check.
Article 4 (Out -of -Class Paylf : Replace current Article 4 with the following:
jcctinq Assignments
Employees may be temporarily assigned to a higher classification when temporary vacancies
caused by factors including but not limited to illness, vacations and separations prohibit the
department from achieving the staffing levels prescribed under Article 26, Company -Level Staffing.
In such cases of absences. the department shall make reasonable effort to find and utilize
department personnel of the same rank. When personnel of the same rank are unavailable or
such use is impractical as determined by the department director. acting appointments may be
1 This proposal is intended only to confirm and clarify FFA employees' current rights with regard to out of
class 1 acting pay, The City continues to dispute FFA's grievance claims that employees currently are, or
have been, entitled to different or greater compensation.
Deleted: 500
Deleted: The July 2006 allowance of $500
will be paid in installments of $200 in July of
2006 and $300 in January of 2007.
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1
City of National City / National City Firefighters' Association
2010 MOU Negotiations
City Package Proposal — 5/17/11
Page 3
made as allowed under Civil Service Rule 407.5. When vacancies are the result of employee
separation, the department will make every effort to backfill the position as quickly as possible and
in a manner consistent with City Policy and Civil Service Rules.
Eligibility
Fire Department personnel may be eligible to assume acting assignments under the following
conditions:
1. The employee is on an active eligible list promulgated by the Human Resources
Department for the classification to be filled.
2. In the absence of an active eligible list:
a. The employee was on the more recently expired eligible list for the classification to
be filled.
b. The individual has been certified by the department as meeting the requirements
of the position to be filled.
Compensation
Acting assignments shall be compensated at a rate of 5% above the base salary of the employee
assuming the acting assignment. Acting assignments continuing beyond six months shall be
compensated at 10% above base pay effective at six months and one day for the remaining
duration of the acting assignment.
Article 5, Section 1 (Holidays)
Eligible suppression personnel temporarily assigned to a forty (40) hour workweek shall be entitled
to the following fixed holidays with pay if they occur during such assignment:
1. New Year's Day
2, 2nd Sunday in April
3. Memorial Day
4. Independence Day
5. Labor Day
6. Thanksgiving Day
7. Christmas Day
Personnel permanently assigned to a 40 hour/week shall be entitled to the same fixed holidays
with pay as Fire Management personnel.
1. New Year's Day —January 1st
2. Memorial Day— Last Monday in May
3. Independence Day —July 4th
5. Thanksgiving Day— 4th Thursday in
November
6. Day after Thanksgiving
7. Christmas Eve Day — December 24th
City of National Cityl National City Firefighters' Association
2010 MOU Negotiations
City Package Proposal — 5/17/11
Page 4
4. Labor Day — 1st Monday in September 8. Christmas Day — December 25th
9. Martin Luther King — 3rd Monday in January 10. Cesar Chavez Birthday March 1st
Also each employee permanently assigned to 40 hour/week shall be credited with four( } floating
holidays at the start of each fiscal year and pro -rated according to date of hire for new employees.
Columbus Day — 2nd Monday in
October
1 Lincoln's Birthday — February 12th 4, Veterans' Day — November 11 th
2. Washington's Birthday — 3rd Monday in
February
Article 5, Section 4 (Holidays — Fire Suppression Holiday Work Schedule)
The normal workday on holidays for employees assigned to Suppression (56-hour week) shall
consist of daily morning routine, answering emergency calls and the performance of assigned
supervisory duties. For purposes of this section, the following days shall be modified workdays:
1. New Year's Day (January lst)
2. Memorial Day (4th Monday in May)
3. 2nd Sunday in April
4. Independence Day (July 4th)
5. Labor Day (1st Monday in September)
6. Thanksgiving Day (4th Thursday in November)
7. Christmas Day (December25fh)
if
The Fire Chief shall designate that the holiday work schedule be followed on days appointed by the
President of the United States or by the Governor of California for a public fast, thanksgiving or
holiday and approved by Council.
The provisions of the other sections of this article do not apply to observance of the Fire
Suppression holiday work schedule.
Article 6, Section 2 (Leave Eligibility and Procedure )
All requests for leaves of absence, whether with or without pay, shall be submitted in advance and
consistent with current Department policy and practice, and, except as provided in the case of
Compulsory Leave, Court Leave and Special Meetings, must meet the approval of the appointing
authority.
Article 11 (Sick Leave With Pay)
Section 2 Sick Leave Earning and Accumulation
r
[ Deleted: ive
Deleted; 5
Deleted: 1.. King's Birthday —3rd Monday
in January
Deleted: 4
Deleted: 2
t Deleted: 5
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Deleted:.. 8, . Sunday after 1300
(Sunday work schedules will be reviewed
each January for possible adjustments after
conferring with the FFAN
{ Deleted: wilting on prescribed forms,
Deleted: 3. _ Frozen Sick Leave Balance,
Employees hired on or before June 30, 1980
and who have an existing sick leave balance
on June 30,1980 in excess of 720 hours, will
be "frozen" at their June. 1980 sick leave
balance levels on July 1, 1980. (Herein called
"frozen sick leave balance"). Sald frozen sick
leave balance will be maintained as a
separate account.
City of National City / National City Firefighters' Association
2010 MOU Negotiations
City Package Proposal — 5/17/11
Page 5
Section 3 Sick Leave Usage
Section 5 Sick Leave Compensation
(1) In order to receive compensation while on sick leave, the employee must follow
applicable Department staffing procedures,
rr
Section 13 Sick Leave Incentive Pay
(e) The City will make the full sick leave incentive payment in the pycheck for the first full pay
period in August, Pay will be computed based an the employee's salary step on June 30
of the preceding fiscal year.
Article 12 (Compensation Plan)
All rates shown, and conditions set forth herein, are in full payment for service rendered and are
intended to cover full payment for the number of hours now regularly worked in each class. Each
promotion shall carry with it advancement to the promotional step that is equal to but not less than
5% above the employee's current base rate of pay. Promotions may_ be made at a higher step with
the concurrence of the department director, the City Manager and the Human Resources Director.,
Article 14 (Forty -Hour Assignment Pay)
Those employees classified as:
1. Firefighter (excluding new trainees in the fire academy); or
2. Fire Engineer; or
3. Fire Captain; or
4. Battalion Chief
And temporarily assigned to a forty (40) hour assignment, shall receive a ten (10%) percent pay
differential for the duration of said assignment. The assignment pay is intended for Fire
Department mission -related objectives and assignments; not to compensate light duty personnel
for the loss of overtime pay.
Deleted: Example: . Employee has 1020
hours of sick leave accrual on June 30, 1980.
0n July 1, 1980 it is distributed as follows:¶
..¶
Accumulated Sick Leave
I...fits
Deleted: (1) . Employees must first utilize
the regular sick leave balance prior to utilizing
frozen sick leave accumulation. ¶
Deleted: shall notify:¶
¶
(a) . The immediate supervisors; mil
_ . (b) _ The department head; or¶
.. (c) . In the event of the unavailability of .
either, the senior representative available.
Deleted: Section 10 _ . Sick Leave
Payment Upon Retirement
Deleted: ¶
An employee hired on or before June 30,
1980, shall upon formal retirement from the
City under the Pubic Employees' Retirement
System, he paid at their annual base salary
for each hour of unused sick leave or fraction
thereof which has accrued to his credit up to
and including his last day of work but not to
exceed 360 hours, An employee hired on or
after July 1,1980, shall not be eligible for sick
leave payment upon retirement.¶
¶
For employees hired on or before June 30,
1980, sick leave payoff upon retirement shall
be computed as follows:¶
¶ . 1.. Frozen sick leave balance upon date
of retirement, and!
.. 2. _ Accumulative sick leave balances
upon retirement¶
.. . Equals Sick leave payoff, however, In
no event shall the payoff exceed 360 hours.
Deleted: attempt to make payment on the
payday following the end of the 3E, pay cycle,
but no Eater than the payday following the end
of the 4' cycle of each fiscal year.
Deleted: a salary increase and the
procedure covering the normal minimum
hiring rate shall not necessarily apply,
City of National City 1 National City Firefighters' Association
2010 MOU Negotiations
City Package Proposal 5117111
Page 6
Article 18, Section 3 (Employee and Dependent Health and Dental Insurance)
Section 3
Effective February 1, 2011, the City shall contribute the following amounts for health and dental
benefits:
Employee only
Employee and one dependent
Employee plus 2 or more dependents
$457.56 per month
$736.80 per month
$1,029.81 per month
Effective February 1, 2012, and in each following health plan year, the City's new contribution
obligation shall be the monthly amounts from the prior health plan year plus 50% of any increase in
the applicable Kaiser rate and least costly dental plan.
Article 18 (Employee and Dependent Health and Dental Insurance)
Section 4
Employees covered by this MOU, who retire from the City of National City after July 1, 2002, and
who have at least 20 full years of service with National City Fire Department shall receive $5/month
for each year of service with National City Fire Department as the City's contribution towards their
medical insurance premium. This contribution shall continue until reaching age 65,_ A qualifying _.
retiree may receive these contributions even if not enrolled in a City health plan, so long as the
retiree annually provides the City with written proof (e,g. a copy of health insurance invoice and
payment) that the retiree is using the contributions to pay for health premiums and understands,
that the retiree is solely responsible for any taxes that might be due as a result of the City's
contributions.
Terminal vacation pay and/or sick leave payment upon retirement or PERS adding unused sick
leave accruals toward retirement credit shall not be included in the calculation of 20 full years of
service. If the City increases this benefit for the Police Officers' Association, that increase shall
also apply to the Firefighters' Association, but not to former members of the FFA already retired at
the time the increase is made, unless the increase for the POA applies to its former members
already retired at the time the increase is implemented.
Retirees eligible for this benefit are responsible for paying the Health Insurance Premium and the
City will forward this benefit amount on a monthly basis directly to the Retiree, This benefit will be
canceled upon non-payment of premium or otherwise becoming ineligible. The Retiree is also
responsible for notification to the City of address change and health coverage from another source.
Section 5
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Deleted: or the retiree obtaining primary
health coverage not sponsored by the City of
National City
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City of National City / National City Firefighters' Association
2010 MOtl Negotiations
City Package Proposal — 5/17/11
Page 7
The City and Association agree to meet and discuss during the term of this contract with the City's
health care broker to attempt to develop a Health Savings Accotant (HSA). or similar, option for
employees. The parties shall make a good faith effort to include an HSA, or similar, option in the
2012 benefit year,
Article 19 (Employee Life Insurance),
As a benefit to full-time employees covered by this Memorandum of Understanding, the City will
provide a group life insurance program. The benefits and limitations of the Life Insurance Program
are to be designed cooperatively by the Employees' Association, Insurance Carrier and the City.
The City will provide $50,000, Life Insurance with Accidental Death and Dismemberment as a City
paid benefit. In the event the cost of providing Employee Life Insurance exceeds the established
City contribution, employee must pay the excess amount.
Article 21 (Public Employees' Retirement System)
Section 1; Consistent with the Government Code of the State of California,
employees are local safety members of the Public Employees' Retirement
System and are entitled to optional benefits as indicated in the December
12, 1989, amendment to contract between the Board of Administration of
PERS and the City Council,
Section 2: The City currently provides the 3% at 50 with "Highest Single
Year" Pers Retirement Benefit to represented employees. Effective
January 1, 2011. all represented employees shall pay 3.01% of the PERS
Employee contribution rate. Effective the first full pay period in July 2012.
ail represented employees shall pay a total of 6.0% of the PERS
Employee contribution rate. Effective the first full pay period in July 2013.
all represented employees shall pay the full 9.0% PERS Employee
contribution rate. Prior to the first full pay period in July 2013Jte City will
report the City paid Employee Paid Member Contribution ,of the
employee's share as gross pay for purposes of highest single year
retirement benefit, With regard to the 3.0% contribution owed retroactive
to January 1, 2011. employees shall be permitted to make these
payments in equal amounts among the pay periods beginning with the first
full pay period following Council adoption of this MOU through the pay
period ending December 1, 2011.
The City will in the future provide to represented employees hired after the
later of either July 1, 2011 or the date on which the new retirement benefit
can be made effective by PERS with the 3% at 55 with "Highest Single
Year" PERS Retirement Benefit. Employees receiving the 3% at 55
retirement benefit shall pay the full 9% PERS Employee contribution rate.
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Deleted: 15,000
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Deleted: %
Deleted: effective at the start of Fiscal
Year2002-03
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Deleted: Section 311
The City's P.E.R.S. contract includes the
"Highest Single Year' option at the City's
expense.¶
4
Section 4¶
The City provides a 3% at 50 PERS
Retirement Benefit for represented
employees. P
4
Section 511
After ratification of this Agreement by the City
Council, the City will request an actuarial
study from CALPERS on the cost of
implementing the Level IV Survivors Benefit.
When received, the Cily and FFA will re -open
negotiations on this issue only and will
implement that benefit if the cost is not
significant. This acluary study is to be
provided by 1I311011
City of National City / National City Firefighters' Association
2010 MOU Negotiations
City Package Proposal— 5/17/11
Page 8
Article 22 (Salaries)
,Section 1: The City of National City strives whenever fiscally prudent, to provide fire suppression
personnel with total compensation comparable to the average of San Diego County cities. The
City and NC FFA will mutually agree upon the compensation study.
,Section 2: Employees shall receive a one time stipend of $1,250 effective the first full pay following
Council adoption of this MOU and a one time stipend of $1,250 effective the first full pay period in
July 2012. Employees shall not receive a wage increase (step advancement excluded) during the
first two years of this MOU but employees shall receive a 2.0% cost of living increase effective the
first full pay period in July 2013.
Section 3: The parties have agreed to maintain the language regarding salary adjustments from theme'
2006-10 MOU in this MOU, which stated as follows:
® ,Employees of the FFA, will receive a percentage salary adjustment for cost of living
equal to the annual San Diego County Ail Consumers CPI * index benchmark of Jan 2007.
This increase will be provided beginning the first full pay period in February 2007 but
effective beginning the first full pay period in January of 2007.
• .Employees of the FFA, will receive a percentage market adjustment equal to the base
hourly salary average of each perspective rank based on the compensation studies of the
118) City Fire Departments in the County of San Diego.
Market adjustments shall be administered and effective as follows:: Percentage Market <,
adjustment effective first full pay period in January. 2008,Lluqust, 2008, January. 2009,
211Iqust,2009, January, 2010 and/August 2010
• /adjustment will be made based in the current salaries in place in the San Diego
Comparables.
m ,Subsequent retro-active adjustments are not considered nor are increasespot yet
ratified
Section 4 Those represented employees who can demonstrate competency in the Spanish or
Tagalog languages as verified by the Personnel Department shall receive an additional 2%
incentive pay to the hourly base salaries.
Section 5; Those represented employees who can show actual residency within the City limits of
National City shall receive an additional 2% incentive pay to their hourly base salaries for as long
as they remain residents of National City.
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City of National City / National City Firefighters' Association
2010 MOU Negotiations
City Package Proposal — 5117/11
Page 9
Article 25, Section 2)
The Educational Expenses Reimbursement Plan is available to employees who wish to improve
their work performance through furthering their education. The plan provides reimbursement for up
to $1,000 per employee, per fiscal year. with a maximum pool of training funds per fiscal year of
$15,000 for FFA represented employees, and is open to all employees who meet the following
criteria:
A. Successful completion of probation.
B. A proposed course of instruction related to the employee's employment with the City. The
City Manager or his designee has the final authority on determining whether a course is
job related. Request must be submitted in writing on appropriate department form
according to established procedures.
C. The reimbursement may be used to cover the costs of tuition, registration and books,
D. If a letter grade is given. the , must be passed with a grade of "C" or better. If taken on
pass/fail basis, employee must pass course(s) taken. if no grade or passlfail is given. then
reimbursement shall be given upon presentation of successful completion of training.
E. The employee must show written documentation of the expenditures being claimed for
reimbursement.
Reimbursement under this Plan will be made upon completion of the above requirements and paid
from the fund for the fiscal year in which the course is paid by the employee,
Article, 26, Section 7 (Company -Level Staffing) (See Article 4 proposal)
Section 9
Each Command Vehicle will be staffed with (1) rated fire Battalion Chief.
Deleted: Philosophy
Deleted: The City of National City strives
whenever fiscally prudent, to provide fre
suppression personnel with total
compensation comparable to the average of
San Diego County cities. The City and NC
FFA will mutually agree upon the
compensation study.
Deleted: Salaries
Deleted: Employees of the FFA, will
receive a percentage salary adjustment for
cost of living equal to the annual San Diego
County Afl Consumers CP/ * index benchmark
of Jan 2007, This increase will be provided
beginning the first full pay period in February
2007 but effective beginning the first full pay
period in January of 2007.1
Employees of the FFA, wit€ receive a
percentage market adjustment equal to the
base hourly salary average of each
perspective rank based on the compensation
studies of the (18) City Are Departments in
the County of San Diego')
Market adjustments shall be administered and
effective as follows:1
Percentage Market
Adjustment effective first full pay period in¶
January, 20081
August, 200B1
January, 20091
August, 20091
January, 2014
August, 20101
<ff>Adjustment will be made based in the
current salaries in place()
in the San Diego Comparables.¶
<#>Subsequen1 retro-active adjustments are
net considered not are increases¶
not yet ratified
Deleted: Special Incentive¶
Pay
Deleted: Those represented employees
Who can demonstrate competency in the
Spanish or Tagalog languages as verified by
the Personnel Department shall receive an
additional 2% incentive pay to the hourly base
salaries.¶
Those represented employees who can show
actual residency within the City limits of
National City shall receive an additional 2%
incentive pay to their hourly base salaries,f—g
Deleted: twelve (12) units
Deleted: al a local community college
Deleted: course
Deleted: coursework as per part 2, above.
Deleted: Section 71
Deleted: The City will not make
assignments under Civil Service Rule 407.5 to
fill a vacant position until an employee has
been absent for 30 consecutive calendar [3]
City of National City / National City Firefighters' Association
2010 MOU Negotiations
City Package Proposal — 5/17/11
Page 10
Article 28 (Terms of Provisions)
The provisions of this Memorandum of Understanding shall be effective and binding,from January
1. 2011,through December 31, 201 ,
Article 29 (Definitions)
IMMEDIATE FAMILY -,Immediate family shall include the husband, wife, domestic partner j s
defined by and registered with the California Secretary of State), mother and father of husband and
wife.and_domestic.partner, son, daughter, brother and sister of the employee, or any relative by
blood or marriage or domesticpartnership residing in the same household.
r
Article 30 (Grievance Procedure): Modify Section 5, Step III(c) as follows:
8. ,The parties shall havethe right to record hearings by audio recorders or, by mutual
agreement, by court reporter.
Article 32 (Deferred Compensation)
FFA employees shall be permitted to transfer their deferred compensation package from ICMA to
Nationwide within six months of Council adoption of this MOU. FFA employees shall have the
option to enroll in either the ICMA or the Nationwide plan but not both. The City will not agree to
any enhancements to the Nationwide plan that would jeopardize the tax exempt status of the City's
current plan with the IRS.
As part of this package agreement, all other City and FFA proposals are deemed withdrawn and
are not part of this agreement.
Deleted: subject tip approval of the
National City Firefighters' Association and the
City Council
Deleted: the adoption at this document by
the City Council
Deleted: 0
Deleted: Except as provided in Article 12,
Section 2, i
Deleted: RATE Rate shall mean the
same as Rank. Rate and Rank are
interchangeable terms for purposes of this
MOU. Rate or Rank means to be employed in
a position, on a permanent or probationary
basis and includes employees working in a
position pursuant to an assignment under Civil
Service Rule 407.5.1
RATED PERSONNEL --Shall mean
permanent employees and probationary
employees in a position as well as employees
working in a position pursuant to an
assignment under Civil Service Rule 407.5.1
Deleted: There shall be no shorthand or
mechanical recording of the hearing.
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