HomeMy WebLinkAboutCouncil Agenda StatementCITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: April 15, 2014
AGENDA ITEM NO.
ITEM TITLE:
Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU)
between the City and the National City Firefighters' Association
PREPARED BY: Stacey Stevenson
PHONE: 336-4308
EXPLANATION:
DEPARTMENT: Human Resources
APPROVED BY
The labor agreement between the City of National City and the National City Firefighter's Association (NCFFA)
expired December 31, 2013. Since November 6, 2013 City representatives and FFA representatives have been
meeting and conferring in good faith for the purpose of negotiating a new agreement. On March 29, 2014 the
NCFFA membership voted to ratify the terms of an eighteen month agreement, retroactive to January 1, 2014 as
set forth by the negotiating teams.
A complete summary of the terms of the agreement is attached.
FINANCIAL STATEMENT: APPROVED:
ACCOUNT NO.
APPROVED:
001-412-125-102-0000 (Overtime) $48,650
001-412-125-140-0000 (Workers' Compensation) $ 4,080
001-412-125-161-0000 (Medicare) $ 700
Total estimated cost for the term of the agreement: $53,430
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, is not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
Finance
MIS
STAFF RECOMMENDATION:
Adopt the resolution, approving the terms of the 18 month agreement reached between the City of National City
negotiating team and the City of National City Firefighters' Association.
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Resolution
Terms of Agreement — "Strike Out Version"
Terms of Agreement — "Clean Version"
Labor Negotiations
Between
National City Firefighter's Association ("NCFFA")
and
City of National City ("City")
Tentative Agreement
Provided by City on
March 13, 2014
In accordance with Ground Rule 5, the City and NCFFA with the following tentative
agreement for a successor MOU.
Term of Provisions, Article 28
The provisions of this Memorandum of Understanding shall be effective and binding from
January 1, 2011 2014 through June 30, 20132015.
This MOU is subject to all future and current applicable Federal or State and Local laws and
regulations.
If any part or provision of this MOU is in conflict with such applicable provisions of Federal or
State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended and superseded by such
applicable law or regulations, and the remainder of the MOU shall not be affected. The
Association will be duly notified of any such judicial or legislative action invalidating any
section of this Agreement, and the Employees' Association and/or the City shall have right to
meet and confer within thirty (30) days concerning said section. This MOU shall supersede all
past agreements and City or department rules and ordinances that are in conflict with or are
addressed by this MOU.
In addition, the City and the Association may mutually agree in writing to meet and confer on
any subject within the scope of representation.
Overtime, Article 16, Section 3
The City of National City has elected a 28-day work period for fire suppression employees under
the 7K exemptions contained in the Fair Labor Standards Act to coincide with the City's regular
pay periods. Overtime pay shall be calculated pursuant to the provisions of the department of
Labor, Wages and Hour Division Administrative Letter ruling dated November 19, 1986 which
is contained in Appendix III, Administrative ruling Pages 129 through 131 of the Fair Labor
Effective the first pay period
after ratification and approval of this MOU by the City Council, time worked outside of an
employee's regularly scheduled shift shall be compensated at an employee's overtime rate.
Authorized paid leave (including but not limited to vacation leave, administrative, compensatory
leave and sick leave) will be counted as time worked for purposes of calculating overtime.
-1-
MP #4811 7823 9001 vl
C:1Documents and Settings\Davis-T\Desktop\City's DRAFT Tentative Agreementl - Fire Negotaitions.doc
Annual Leave, Article 7, Section 4
Vacation schedules shall be arranged by the department head with particular regard to the needs
of the City, and as far as possible, with the wishes of the employee.
1. Vacation authorized by the department director or designee shall not be deemed payable
until the employee's eligibility is verified by the Finance Department.
2. Each employee is entitled tomay use a minimum of one (1) year'Eany accruedal ef-vacation
in accordance with the Department's Standard Operating Procedures Manual. during each
fiscal year, providing he/she submits a request for vacation, as provided in City and
requested providing staffing permits and with approval of the Fire Chief.
3. An eligible employee may take earned vacation in any increment of four (4) hours or more
with the approval of the department head or his/her designee.
Salaries, Article 22, Section 1, 2 and 3
Section 1
The City of National City strives whenever fiscally prudent to provide fire suppression personnel
with total compensation comparable to the average of the 18 City Fire Departments in the
County of San Diego County cities. The City and NCFFA will mutually agree upon the
compensation study. Compensation will not increase during the term of this MOU.
Section-2
Council adoption of the 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 (2) years of the MOU, but employees shall receive a 2% wage increase effective the
first full pay period in July 2013.
Section-3
The parties have agreed to maintain the language regarding salary adjustments from the 2006 10
MOU in this MOU, which stated as follows:
to the annual San Diego County All Consumers CPI * index benchmark of January 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 (18)
City Fire Departments in the County of San Diego.
-2-
MP #4811 7823 9001 vl
C:\Documents and Settings\Davis-T\Desktop\City's DRAFT Tentative Agreementl - Fire Negotaitions.doc
Gootpasables7
Section n.
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 43
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.
This Tentative Agreement incorporates all other terms in the expiring MOU between the
City and NCFFA, approved by the City Council on August 16, 2011 by Resolution No.
2011-184.
Agreed:
For the City
For the NCFFA
77-#4e:zig
jar
Apr
-3-
MP-4HI-I- 23-90O'!Tl 4
L (4i 4:-S F 'FP
Labor Negotiations
Between
National City Firefighter's Association ("NCFFA")
and
City of National City ("City")
Tentative Agreement
Provided by City on
March 13, 2014
In accordance with Ground Rule 5, the City and NCFFA with the following tentative
agreement for a successor MOU.
Term of Provisions, Article 28
The provisions of this Memorandum of Understanding shall be effective and binding from
January 1, 2014 through June 30, 2015.
This MOU is subject to all future and current applicable Federal or State and Local laws and
regulations.
If any part or provision of this MOU is in conflict with such applicable provisions of Federal or
State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of
competent jurisdiction, such part or provision shall be suspended and superseded by such
applicable law or regulations, and the remainder of the MOU shall not be affected. The
Association will be duly notified of any such judicial or legislative action invalidating any
section of this Agreement, and the Employees' Association and/or the City shall have right to
meet and confer within thirty (30) days concerning said section. This MOU shall supersede all
past agreements and City or department rules and ordinances that are in conflict with or are
addressed by this MOU.
In addition, the City and the Association may mutually agree in writing to meet and confer on
any subject within the scope of representation.
Overtime, Article 16, Section 3
The City of National City has elected a 28-day work period for fire suppression employees under
the 7K exemptions contained in the Fair Labor Standards Act to coincide with the City's regular
pay periods. Effective the first pay period after ratification and approval of this MOU by the
City Council, time worked outside of an employee's regularly scheduled shift shall be
compensated at an employee's overtime rate. Authorized paid leave (including but not limited to
vacation leave, administrative, compensatory leave and sick leave) will be counted as time
worked for purposes of calculating overtime.
Annual Leave, Article 7, Section 4
Vacation schedules shall be arranged by the department head with particular regard to the needs
of the City, and as far as possible, with the wishes of the employee.
1. Vacation authorized by the department director or designee shall not be deemed payable
until the employee's eligibility is verified by the Finance Department.
2. Each employee may use any accrued vacation in accordance with the Department's
Standard Operating Procedures Manual.
-1-
MP #4851-7581-9545 vl
3. An eligible employee may take earned vacation in any increment of four (4) hours or more
with the approval of the department head or his/her designee.
Salaries, Article 22, Section 1, 2 and 3
Section 1
The City of National City strives whenever fiscally prudent to provide fire suppression personnel
with total compensation comparable to the average of the 18 City Fire Departments in the
County of San Diego. The City and NCFFA will mutually agree upon the compensation study.
Compensation will not increase during the term of this MOU.
Section 2.
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 3
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.
This Tentative Agreement incorporates all other terms in the expiring MOU between the
City and NCFFA, approved by the City Council on August 16, 2011 by Resolution No.
2011-184.
Agreed:
For the City
-2-
For the NCFFA
MP #4851-7581-9545 vl