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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. Formatted: No underline 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 Formatted: Bullets and Numbering 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 Formatted: Indent: Left: 0" Deleted: or the retiree obtaining primary health coverage not sponsored by the City of National City Formatted: Font: Arial Narrow, 12 pt, Not Bold Formatted: Font: Arial Narrow, 12 pt, Not Bold 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. Formatted: Font: Bold Formatted: Font: Bold Deleted: 15,000 Formatted: Indent: Left: 0.5", Tabs: Not at 1" ,( Deleted: T Deleted: 9 Deleted: % Deleted: effective at the start of Fiscal Year2002-03 Formatted: Indent: Left: 0.5", Tabs: Not at 1" 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. [Formatted: Underline Formatted: underline Formatted: Line spacing: single Formatted: Indent: Left: 0.5", First line: 0', Line spacing: single Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Line spacing: single Formatted: Left, Indent: Left: 0.5', Hanging: 0", Space After: 6 pt, No bullets or numbering, Atlow hanging punctuation, Adjust space between Latin and Asian text, Adjust space between Asian text and numbers, Font Alignment: Auto, Tabs: Not at 0.5" + 1" + 1.38" + 1.69" + 3.25" + 5.63" Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold l Formatted: Font: Not bold Formatted: Font: Not Bold l Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Body Text 2, Indent: Left: 0.5", Hanging: 0", Tabs: 1.44", Left Formatted: Font: Not Bold Formatted: Font: Not bold l Formatted: No underline Formatted: No underline Formatted: No underline Formatted: No underline 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. Formatted: Font: Bold, Underline 1