HomeMy WebLinkAboutFFA MOU July 1 2015 through June 30 2018 - Side Letter - Association Leave BankSIDE LETTER TO
MEMORANDUM OF UNDERSTANDING
BETWEEN NATIONAL CITY FIREFIGHTERS' ASSOCIATION,
AND THE CITY OF NATIONAL CITY
July, 2016
ASSOCIATION LEAVE BANK
Pursuant to the provisions of the Meyers-Milias-Brown Act ("MMBA"), effective August 3,
2016 this Side Letter of Agreement is entered into between the City of National City of National
City ("City") and the National City Firefighters' Association ("FFA") ("Side Letter Agreement")
as an amendment to the Memorandum of Understanding ("MOU") effective July 1, 2015 through
June 30, 2018. The FFA and the City are collectively referred to herein as the "Parties". It is
understood and agreed that the specific provisions contained in the Side Letter Agreement shall
supersede any previous agreements, whether oral or written, regarding matters contained herein.
Except as provided herein, all wages, hours and other terms and conditions of employment
presently enjoyed by the FFA shall remain in full force and effect.
The parties have met and conferred in good faith concerning the terms and conditions of this
Side Letter Agreement and its implementation and agree that the following language will be
added to Article 34 of the MOU in its entirety.
Upon City Council approval of this side letter, the City shall institute a voluntary Association
Leave Bank to be utilized by National City Firefighters' Association members to conduct
association business.
This side letter will serve both as a supplement to Article 34 of the MOU and as the controlling
document related to the implementation and administration of the Association Leave Bank.
ARTICLE 34: ASSOCIATION BANK
Section 1 Leave Bank
The intent of this article is to provide National City employees representing the National City
Firefighters' Association (FFA) with a leave bank that can be utilized when conducting business
benefitting the local association and its members such as but not limited to attending meetings
and conferences on behalf of the association and/or its member(s).
Sideletter to MOU Between the City and FFA
Association Leave Bank
July, 2016
Page 2
The cumulative Association Leave Bank maximum accrual is 360 hours per fiscal year.
1. Should the Association Leave Bank reach 360 hours in any fiscal year, additional
donations shall not be accepted until the start of the next fiscal year up to a maximum of
360 hours.
2. The initial Association Leave Bank will be established by the City immediately following
City Council approval. The maximum accrual for the first fiscal year of the Association
Leave Bank will be prorated based upon the date of City Council approval.
3. The City shall not contribute leave time to the Association Leave Bank
Section 2 Voluntary Donations
1. Hours shall be donated to the Association Leave Bank on a voluntary basis by FFA
represented employees using a prescribed donation form.
2. Employees may donate vacation, sick or compensatory time credits.
3. Donations must be for a minimum of four (4) hours for each type of time transferred and
in whole (one) hour increments thereafter.
4. Donating employees must have a minimum vacation balance of 112 hours after donation.
5. Sick leave donations will be credited at a rate of 50% (ex: a donation of four (4) hours
will be credited to the Association Leave Bank as two (2) hours).
6. Sick leave donations will be counted against the donor's annual sick leave usage for
purposes of Article 11, Section 12, Sick Leave Incentive Pay, at 50% of the number of
hours donated (a donation of ten (10) hours will be counted as five (5) hours used for
Article 11, Section 12 only.
7. Donating employees forfeit any right or claim to leave credits once they are donated.
8. Leave will be transferred on an hour -for -hour basis, regardless of the salary of the
employees involved.
Section 3 Use of the Leave Bank
Hours donated to the Association Leave Bank may be used by members of the FFA:
1. In lieu of or in conjunction with the employees own leave balances when conducting
association business during the employee's scheduled work shift(s).
2. Determining which association activities are qualifying and which employees are eligible
to utilize the Association Leave Bank is done at the discretion of the FFA Executive
Board.
3. Requests for leave must be reviewed and are subject to approval by the department head
or designee consistent with department policy.
Sideletter to MOU Between the City and FFA
Association Leave Bank
July, 2016
Page 3
4. Employees using donated leave shall record the use in Telestaff with the date of usage
and the number of hours used.
5. It is the responsibility of FFA to monitor the hours available for use in the leave bank.
Section 4 Administration
1. Upon receipt of a donation form, the Finance Department will review to ensure that the
employee(s) meet the eligibility requirements and that the leave bank has not reached its
maximum accrual for the fiscal year.
2. If all eligibility criteria are met, the Finance Department will transfer the donated leave to
the Association Leave Bank.
3. If any part of the eligibility criteria is not met, the donation form will be returned to the
donating employee without being processed.
TENTATIVE AGREEMENT
FFA TY
Brian Krepps tacey Stevenson
RESOLUTION NO. 2016 — 110
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A SIDE LETTER AGREEMENT TO ARTICLE 34 (ASSOCIATION
BANK) OF THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION
WHEREAS, on January 19, 2016, the City Council of the City of National City
approved a Memorandum of Understanding ("MOU") between the City of National City and the
National City Firefighters' Association ("FFA") for the period July 1, 2015 through June 30, 2018;
and
WHEREAS, the MOU, as drafted and approved, includes Article 34, Association
Bank, which reads in full: "The City and FFA agree to establish a mechanism for FFA members
to donate paid leave into a bank to be utilized by FFA members to conduct Association
business"; and
WHEREAS, the City and FFA met and conferred in good faith on the terms and
conditions of a Side Letter articulating the establishment and administration of an Association
leave bank.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves the Side Letter Agreement to Article 34 (Association Bank) of the
Memorandum of Understanding between the City and the National City Firefighters' Association
for the period July 1, 2015 through June 30, 2018.
PASSED and ADOPTED this 2nd day of August, .
on Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
PROVE AS TO ZI RM:
Claudia Ga
City At
Passed and adopted by the Council of the City of National City, California, on August 2,
2016 by the following vote, to -wit:
Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY:
RON MORRISON
Mayor of the City of National City, California
City gAzZji
k of the City ofiNational City, California
By:
Deputy
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of
RESOLUTION NO. 2016-110 of the City of National City, California, passed and
adopted by the Council of said City on August 2, 2016.
City Clerk of the City of National City, California
By:
Deputy
�r<
CITY OF NATIONAL CITY, CALIFORNIA
COUNCIL AGENDA STATEMENT
MEETING DATE: August 2, 2016
AGENDA ITEM NO.
10
ITEM TITLE:
Resolution of the City Council of the City of National City approving a Side Letter Agreement to Article 34 (Association
Bank) of the Memorandum of Understanding (MOU) between the City and the National City Firefighters' Association.
PREPARED BY: Stacey Stevenson
PHONE: 336-4308
DEPARTMENT: Human Resources
APPROVED BY.
EXPLANATION:
On January 19, 2016, the City Council of the City of National City approved a labor agreement between the City of National
City and the National City Firefighters' Association (FFA) for the period July 1, 2015 through June 30, 2018. The labor
agreement, as drafted and approved, includes Article 34, Association Bank which reads in full: "The City and FFA agree to
establish a mechanism for FFA members to donate paid leave into a bank to be utilized by FFA members to conduct association
business". With City staff and FFA having met and conferred in good faith on the terms and conditions of such, staff now
brings forward for a side letter articulating the establishment and administration of an association leave bank.
FINANCIAL STATEMENT: APPROVED: Finance I
ACCOUNT NO. APPROVED: MIS
There is no direct fiscal impact associated with this item.
ENVIRONMENTAL REVIEW:
This is not a project and, therefore, is not subject to environmental review.
ORDINANCE: INTRODUCTION:
FINAL ADOPTION:
STAFF RECOMMENDATION:
Adopt the resolution approving the Side Letter Agreement to Article 34 of the labor agreement with the National
City Firefighters' Association
BOARD / COMMISSION RECOMMENDATION:
N/A
ATTACHMENTS:
Side Letter Agreement, FFA Article 34
Resolution
SIDE LETTER TO
MEMORANDUM OF UNDERSTANDING
BETWEEN NATIONAL CITY FIREFIGHTERS' ASSOCIATION,
AND THE CITY OF NATIONAL CITY
July, 2016
ASSOCIATION LEAVE BANK
Pursuant to the provisions of the Meyers-Milias-Brown Act ("MMBA"), effective August 3,
2016 this Side Letter of Agreement is entered into between the City of National City of National
City ("City") and the National City Firefighters' Association ("FFA") ("Side Letter Agreement")
as an amendment to the Memorandum of Understanding ("MOU") effective July 1, 2015 through
June 30, 2018. The FFA and the City are collectively referred to herein as the "Parties". It is
understood and agreed that the specific provisions contained in the Side Letter Agreement shall
supersede any previous agreements, whether oral or written, regarding matters contained herein.
Except as provided herein, all wages, hours and other terms and conditions of employment
presently enjoyed by the FFA shall remain in full force and effect.
The parties have met and conferred in good faith concerning the terms and conditions of this
Side Letter Agreement and its implementation and agree that the following language will be
added to Article 34 of the MOU in its entirety.
Upon City Council approval of this side letter, the City shall institute a voluntary Association
Leave Bank to be utilized by National City Firefighters' Association members to conduct
association business.
This side letter will serve both as a supplement to Article 34 of the MOU and as the controlling
document related to the implementation and administration of the Association Leave Bank.
ARTICLE 34: ASSOCIATION BANK
Section 1 Leave Bank
The intent of this article is to provide National City employees representing the National City
Firefighters' Association (FFA) with a leave bank that can be utilized when conducting business
benefitting the local association and its members such as but not limited to attending meetings
and conferences on behalf of the association and/or its member(s).
Sideletter to MOU Between the City and FFA
Association Leave Bank
July, 2016
Page 2
The cumulative Association Leave Bank maximum accrual is 360 hours per fiscal year.
1. Should the Association Leave Bank reach 360 hours in any fiscal year, additional
donations shall not be accepted until the start of the next fiscal year up to a maximum of
360 hours.
2. The initial Association Leave Bank will be established by the City immediately following
City Council approval. The maximum accrual for the first fiscal year of the Association
Leave Bank will be prorated based upon the date of City Council approval.
3. The City shall not contribute leave time to the Association Leave Bank
Section 2 Voluntary Donations
1. Hours shall be donated to the Association Leave Bank on a voluntary basis by FFA
represented employees using a prescribed donation form.
2. Employees may donate vacation, sick or compensatory time credits.
3. Donations must be for a minimum of four (4) hours for each type of time transferred and
in whole (one) hour increments thereafter.
4. Donating employees must have a minimum vacation balance of 112 hours after donation.
5. Sick leave donations will be credited at a rate of 50% (ex: a donation of four (4) hours
will be credited to the Association Leave Bank as two (2) hours).
6. Sick leave donations will be counted against the donor's annual sick leave usage for
purposes of Article 11, Section 12, Sick Leave Incentive Pay, at 50% of the number of
hours donated (a donation of ten (10) hours will be counted as five (5) hours used for
Article 11, Section 12 only.
7. Donating employees forfeit any right or claim to leave credits once they are donated.
8. Leave will be transferred on an hour -for -hour basis, regardless of the salary of the
employees involved.
Section 3 Use of the Leave Bank
Hours donated to the Association Leave Bank may be used by members of the FFA:
1. In lieu of or in conjunction with the employees own leave balances when conducting
association business during the employee's scheduled work shift(s).
2. Determining which association activities are qualifying and which employees are eligible
to utilize the Association Leave Bank is done at the discretion of the FFA Executive
Board.
3. Requests for leave must be reviewed and are subject to approval by the department head
or designee consistent with department policy.
Sideletter to MOU Between the City and FFA
Association Leave Bank
July, 2016
Page 3
4. Employees using donated leave shall record the use in Telestaff with the date of usage
and the number of hours used.
5. It is the responsibility of FFA to monitor the hours available for use in the leave bank.
Section 4 Administration
1. Upon receipt of a donation form, the Finance Department will review to ensure that the
employee(s) meet the eligibility requirements and that the leave bank has not reached its
maximum accrual for the fiscal year.
2. If all eligibility criteria are met, the Finance Department will transfer the donated leave to
the Association Leave Bank.
3. If any part of the eligibility criteria is not met, the donation form will be returned to the
donating employee without being processed.
TENTATIVE AGREEMENT
�Lp
FFA
Brian Krepps
RESOLUTION NO. 2016 —
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY
APPROVING A SIDE LETTER AGREEMENT TO ARTICLE 34 (ASSOCIATION
BANK) OF THE MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION
WHEREAS, on January 19, 2016, the City Council of the City of National City
approved a Memorandum of Understanding ("MOU") between the City of National City and the
National City Firefighters' Association ("FFA") for the period July 1, 2015 through June 30, 2018;
and
WHEREAS, the MOU, as drafted and approved, includes Article 34, Association
Bank, which reads in full: "The City and FFA agree to establish a mechanism for FFA members
to donate paid leave into a bank to be utilized by FFA members to conduct Association
business"; and
WHEREAS, the City and FFA met and conferred in good faith on the terms and
conditions of a Side Letter articulating the establishment and administration of an Association
leave bank.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby approves the Side Letter Agreement to Article 34 (Association Bank) of the
Memorandum of Understanding between the City and the National City Firefighters' Association
for the period July 1, 2015 through June 30, 2018.
PASSED and ADOPTED this 2nd day of August, 2016.
Ron Morrison, Mayor
ATTEST:
Michael R. Dalla, City Clerk
APPROVED AS TO FORM:
Claudia Gacitua Silva
City Attorney
ryBrr/km to An
April 11, 2017
TO:
City of National City
Office of the City Clerk
1243 National City Blvd., National City, CA 91950-4397
Michael R. Dalla — City Clerk
(619)336-4226 (619) 336-4229
Lilia Munoz
FROM: Michael Dalla
SUBJECT: Incomplete 2016 Contract Documents
Please note the contract on the attached contract list from 2016 for which our office has
not received a fully executed original agreement.
If your Department has, or is able to produce or acquire, a fully executed original
document, please provide it to us. After April 25th, we will insert a "Note to File" in the
respective contract folder indicating that a fully executed original agreement was never
received by our office.
flu . a 01(c - I 1 U
CITY OF NATIONAL CITY
Office of the City Clerk
1243 National City Blvd., National City, California 91950-4397
619-336-4228
Michael R. Dalla, CMC - City Clerk
NATIONAL CITY FIREFIGHTERS' ASSOCIATION (FFA)
MOU — Side Letter
July 1, 2015 through June 30, 2018
Lilia Munoz (Human Resources) Forwarded
Copy of Side Letter to the FFA.