HomeMy WebLinkAboutReso - CC - 104-1998RESOLUTION NO. 104 -98
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BURLINGAME
APPROVING CHANGES TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF BURLINGAME AND LOCAL 1872, IAFF, AFL-CIO
RESOLVED, by the City Council of the City of Burlingame:
WHEREAS, the City of Burlingame and IAFF Local 1872 have met and conferred in
good faith on the terms and conditions of employment as provided by State Law; and
WHEREAS, the City and Local 1872 have reached agreement on certain changes to be
made to the existing terms and conditions of employment and memorandum of understanding
between the City and the Local 1872; and
WHEREAS, the proposed changes are fair and in the best interest of the public and the
employees represented by the Union.
NOW, THEREFORE, IT IS RESOLVED AND ORDERED:
1. The changes in existing salary and benefits of the employees represented by the
IAFF Local 1872 as contained in Exhibit A hereto are approved.
2. The City Manager is authorized and directei
in Exhibit A hereto by and on behalf of the City.
I, JUDITH A. MALFATTI, City Clerk of the City of Burlingame, do hereby certify
that the foregoing resolution was introduced at a regular meeting of the City Council held on
the 5th day of October 1998, and was adopted thereafter by the following vote:
AYES: COUNCILMEMBERS: GALLIGAN, JANNEY, KNIGHT, O'MAHONY, SPINELLI
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
CITY CLERK
AMENDMENTS TO THE
MEMORANDUM OF UNDERSTANDING
between
Local 1872, IAFF, AFL-CIO
and the
City of Burlingame
The undersigned parties, having met and negotiated on terms and conditions of a successor
agreement, hereby agree to the attached amendments to a Memorandum of Agreement. The parties
further agree that the completion of negotiations provision as set forth in Article 39 apply to this set
of negotiations, and that terms and conditions as set forth in the current agreement shall remain
unchanged except as specifically set forth below. The City and Union shall incorporate all
amendments into one all inclusive Memorandum of Understanding.
For Local 1872, IAFF, AFL-CIO For City of Burlingame
Date:
Exhibit A
UNIONPROPOSAL # 1A
DATE:_ September 11, 1998
REPLACES UNION ##1
Article 42. Term
BURLINGAME 1998
1'he terns of this agreement shall begin ora Jody 1, 1998 and expire on December 31, 2000.
UNIONPROPOSAL # 2
DATE: June 1- 1998
ADVANCE NOTICE
BURLINGAME 1998
Except in cases of emergency, the Union shall be given reasonable advance written notice
of any ordinance, resolution, rule or regulation directly relating to matters within the
scope of representation proposed to be adopted by the City and shall be given the
opportunity to meet and confer with management representatives prior to adoption.
UNIONPROPOSAL # 3C
DA TE: September 28. 1998
BURLINGAME 1998
The Union agrees to Chief Reilly's proposed changes to the Manual of Operations, specifically
the Staffing Apparatus Section. The Union withdraws its Staffing Proposal.
UNIONPROPOSAL # 4
DATE: June 1, 1998
COURTPAY
BURLINGAME 1998
Unit members shall be compensated at an overtime rate when subpoenaed to court or to
give a deposition concerning anything connected with their course of employment with
the City of Burlingame. Employees will receive a mininnnn of two hours pay at the
overtime rate for each appearance. Employees filing legal actions against the City of
Burlingame shall not be compensated under this section.
UNIONPROPOSAL # 5A BURLINGAME 1998
DATE: June 21, 1998
Article 28 Living Distance
i ne irvtn ai�a reclurremen-is ene (1 j -hear €turn the Bttr}irr�ame+mits The living
area requirement is within the nine bay area counties (San Mateo, San Francisco, Marin.
Sonoma, Solaro, Contra Costa, Alameda, Santa Clara, and Santa Cruz), except as may
be agreed to by the City Manager on an individual basis.
UNIONPROPOSAL k 6C
DA 7E: August 13 1998
Article 13 Sick Leave
13.7 Light Duty instead of Sick Leave
BURLINGAME 1998
Employees who are on sick leave may request to be assigned by the Chief to light duty
with doctor's approval, on a case-by-case basis. Light duty shall be allowed for horns
worked For fifty-six (56) hour workweek personnel sick leave hours will not be charged
if the employee chooses to work a forty (40) hour workweek.
The normal assignment for light dirty will be between the horns of 0800 and 1800. If the
employee chooses to work light duty ora the shift schedule only the hours worked (0800 to
1800) will be deducted from their sick leave usage.
Exceptions to this section may be made if they are in the best interests of the City and
approved by the Fire Chief.
14.1.2 Light Dirty while on Accident Leave
Employees who are or: accident leave may be assigned by the City to light chrty with
doctor's approval. From the date of injury, for the first sixty (60) calendar days, light
duty shall be oil a shift (56 -hour workweek) basis, if the employee is ora that shift basis at
the time of injury. The light ditty assignment will normally be between the hours of 0800
and 1800.
For it juries lasting over 60 calendar days, the light dirty shall be on a 40 -hoar schedule,
which may be 4-10 hour days if approved by the Fire Chief If any employee re -injures
the same injury, the date of the original it jury .shall be used for computing the 60-
calander days. The employee may request that the Fire Chief waive the 40 -hour light
dirty schedule based on personal hardship. 7his request must be approved by the City
Manager.
Exceptions to this section may be made if they are in the best interests of the City and
approved by the Fire Chief.
PROPOSAL #7 (Cit 7] Proposal)
DATE: June 30,199
Article 16 Health and Welfare
16.1 Medical
Effective July 1, 1998 the City agrees to pay up to $460 per month per employee for
employee and dependent medical coverage. Effective January 1, 2000 the City agrees to
pay up to $485 per month per employee for employee and dependent medical coverage.
16.2 Dental
Effective July 1, 1998 the City agrees to pay $65 per month per employee for employee
and dependent dental coverage to the Burlingame Firefighters Fund Dental Plan. The
monthly amount shall increase effective on 7/1/99, by the April to April CPI -SFW -
UNION PROPOSAL # 8C B URLINGAME 1998
DA TE: September 11, 1998
Article 12.4 Paramedics/Advanced Life Support (ALS)Service
Paramedics with state certification shall continue to receive 2.5% education incentive in
addition to EMT (i.e. 6% total). Paramedics assigned to ALS service (maximum 4-8 21) shall
receive 4% specialist pay for assigned duty in addition to EMT and education (i.e. total 10%).
Effective January 5, 1999 all employees assigned to ALS service shall receive an increase to 6%
specialist pay (i.e. 12%). The City will pay for or provide continuing education for paramedics,
48 hours of CE every two years and state re -certification fees. Each paramedic will receive a
mininnlnl payment of 24 howl of over'tin7e for CO1707107g education on .hely I of each year,
1117less provided by JPA agreen7ent on duty. Qq-te-pay-paFamedie-train:;.s-foi, -turn
membeFS o€the Erre-depar3ment-eae4Tear-.
The City agrees to pay for paramedic training of current members to fill open paran7eclic
positions. An opening shall be defined as the position(s) vacated by any one of the twenty-one
(21) Paramedics assigt7ed to ALS service. All department members may apply for the paramedic
position(s), probationary employees may not apply for paran7edic training. Members, iaho nzeet
the mininnlnl Paramedic course entrance requirements, shall be offered the position(s) on a
seniority basis. The City agrees to pay the costs of Paramedic training, as well as provide the
time off for training. The field internship phase of training if done on a frill time basis, shall be
in lieu of the employee's norn7al work schedule.
UNIONPROPOSAL # 9B BURLINGAME 1998
DATE: August 10, 1998
Submitted as a replacement to UNION 9A of July 1, 1998.
New section to MOU entitled Employee Rights.
Nothing contained in this memorandum of understanding shall prohibit the Union from
meeting and conferring on matters within the scope of representation as provided by law.
The City acknowledges the employees and the Union retain all rights under Section 3500
et. Seq. of the California Labor Code.
UNIONPROPOSAL # 10C BURLINGAME 1998
DATE: September 11, 1998
Article 6 Salary Plan
Effective June 22, 1998, the city shall increase by 5% all salary ranges as set forth in
appendix A-1. Effective June 21, 1999 the salary schedule shall be increased an
additional 5% as set forth in appendix A-3. Effective July 4, 2000 the salary schedule
shall be increased an additional 2.5% as set forth in appendix A-4.
Article 6.1 JPA Start Up Adjustment
Effective January 5, 1999, in recognition of the additional efforts necessary to make the JPA
work, the city shall increase by 3.5% all salary ranges as set forth in appendix A-2.
UNION PROPOSAL # IIB
DATE: September Z. 1998
BURI INGAME 1998
11.2 For employees on a forty (40) hour workweek schedule vacation time shall be credited on
the first anniversary date of such employment and every month thereafter for each such
regular employee. Commencing with the first anniversary, including the probationary
period, an employee shall be credited with eighty hours of vacation, and each year
thereafter shall be credited as follows:
Years of Service
Annual Accrual in Hours
1-3
80 hours
3-5
96 hours
5-7
112 hours
7-10
128 hours
11
136 hours
12
144 hours
13
152 hours
14
160 hours
15
168 -hour -s 176 hours
20
17mo6 Burs 192 hours
25
192 hours
11.4 For employees on fifty-six (56) hour schedule, commencing with the employee's
anniversary date, an employee shall be credited with vacation time as follows
Years of Service Annual Hours of Vacation Annual Shifts
1-3
120
5.0
3-5
144
6.0
5-7
168
7.0
7-10
192
8.0
11
204
8.5
12
216
9.0
13
228
9.5
14
240
10
15
252264
44. 511. 0
20
264288
4-"12.0
25
288
12.0
UVONPROPOSAL R 12C BURLINGAME 1998
DATE: September 11, 1998
REPLACES UNION 12 of 6/17/98
Article 13 Sick Leave
13.2 Sick Leave Accrual
Effective Oeteber +--1982, January S, 1999, all full-time 56 -hour regular and
probationary unit members shall accrue sick leave at the rate of fourteen --(}4)
hvelve 12 days (six 24 hour shifts) per calendar year, eF-feaaeen-heurs--per month,
to a maximum of one hundred eighty (180) days, or 2160 hours. All full-time 40 -
hoar regular and probationary unit members shall accrue sick leave at the rate of
ninety-six (96) hours per calendar year, to a maxinnun of one hundred eighty (180)
days, or 1440 hours. An employee who is on paid leave shall continue to earn sick
leave credit. An employee who is on leave without pay shall not accrue sick leave
credit. Sick leave shall accrue during an absence which is a result of occupational
disability resulting from employer service. An employee who works less than
eleven (11) days in a calendar month shall not accrue sick leave credit for that
month.
13.3.1 Sick Leave Monitoring Program
The record keeping to determine sick days used will be from January 1 to December
31 of each year.
A. Personne]�e "isp�s-eafly-as-pess+ble.
PerSen nek-a R-staffing-efUeeF er-assist-ant-ehief-en-duty-(seeend-call)-as-seen-as
passible-a€ter--ui ateh-ar-between-0800-0980-ea-the-d
a3 hefskte is suppesed
t"( -at -work -
A. Personnel calling in sick will notify the staffing officer or the assistant chief on duty
as early as possible.
B. If the person calling in sick leaves a message on the ansivering machine, they are
to call back on the morning they were to work. 7his second call will be to explain
their illness and give an approximate date of when they will return to work.
13.3.2 Sick Leave Incentive Plan
A. For 56 -hour unit members, two (2) shifts of vacation time or pay at straight time
shall be awarded for use of one (I) shift of sick leave or less. Members shall
receive one (1) shift of vacation time or pay at straight time for the use of two (2)
shifts of sick leave or less.
B. For 40 -hour unit members, hvo (2) days of vacation time or pay at straight tine
shall be awarded for use of one (1) day of sick leave or less. Members shall
receive one (1) day of vacation time or pay at straight tinge_ for the use of three (3)
days of sick leave or less.
C. This Sick Leave Incentive Plan will be on a trial basis for the calendar year,
Jannaty 1, 1999 to December 31, 1999. After which period of time the City
Manager and Union ivill meet to evahtate the effectiveness of the plan. The goal
of this plan is to reduce sick leave use to an average of 3.7 shifts for the One-year
period The City Manager agrees to consider long term sick leave, six (6) or
more shifts for the same illness or injury, when evaluating the program. Sections
13.2, 13.3.2, and 13.6 of the MOUmay be reopened during the above mentioned
evahtation process of the Sick Leave Incentive Plan, if the Plan aloes tnot meet the
goals.
13.6 Sick Leave Upon Retirement
Unused sick leave may be accumulated from year to year up to a total of one hundred
eighty (180) workdays or 1440 hours for 40 hour work week personnel and 2160 hours
for 56 hour work week personnel. Termination of employment, except by retirement,
cancels all accumulated sick leave credit. On termination by retirement, the employee
shall be entitled to and recompensed for twenty-five percent (25%) of the accumulated
sick leave up to ene-hursdredy-(134) one htuxlred eighty (180) workdays or 4200 1440
hours for 40 hour work week personnel and 4-800 2160 hours for 56 hour work week
personnel.
UNION PROPOSAL �, 13 C B URLINGAME 1998
DATE: September 11 1998
LANGUAGE FROM BILL REILLY MEMO DATED 9/10/98 to the City Manager.
Article 17 Clothing Allowance
17.3 It is understood that the City will provide and maintain all employees with required safety
equipment. By December 31, 2003, the city shall provide two (2) sets of structural
firefighting turnouts (i.e. blo7ker boots, turnout pants, and coat) for each employee. The
City ivill replace 20% of the 111177021ts a year starting in 1998-99. Assets are replaced
each employee will retain: their serviceable furnows as a spare. Any failure or refusal by
any employee to care for and maintain a proper uniform or equipment shall be deemed
cause for discipline.
UNION PROPOSAL # 14A
DATE: August l0 1998
BURLINGAME 1998
The Union developed this proposal based on the recognition that Education Leave Time as
described in the Manual of Operations was not being made available due to budget constraints
and changes in staffing levels. This point was further reinforced by Department bulletin #14-98
from Chief Dornell unilaterally canceling all Education Leave Time on June 17, 1998.
The Union would like to directly rebut Chief Reilly's Memo dated June 30, 1998; specifically
the following statements: "...Education Program (Ed Time) that was originally drafted in 1988."
and "...not intended to provide on duty time to meet continuing education requirements..."
Fire Department Bulletin #15-85 dated February 6, 1985 clearly sets up the Education Leave
Program. This program was initially offered on a six-month trial basis, and subsequently was
adopted into the Manual of Operations. The program was continuously in effect from its
inception until cancelled in June 1998.
The Continuing Education Requirement, as specified in the Memorandum of Understanding
Article 12 Education Pay, was negotiated to take effect July 1, 1986. Submitted are the MOU
July 1, 1984-86 and MOU July 1, 1986-88, the later containing the first mention of Plan B
including the Continuing Education Requirement.
These facts clearly demonstrate that the Educational Leave Program was in effect when the
Continuing Education Requirement was negotiated. The Fire Chief may question the
relationship between these programs, but it is clear that hour for hour leave for training was
influential in the acceptance of the Continuing Education Requirement. These two programs
have worked in unison for the past twelve years; this alone construes a past practice or working
condition.
We resubmit our proposal for consideration.
Article 12 Education Pay
12.9 Continuing Education Requirement
Suspend the continuing education requirement until the tine that Education Leave is
available to all employees as described i17 the Burlingame Fire Department Manual of
Operations (Educational Program Section) on a regular basis.
15. DFM Position: recognize position and description, from side -letter dated 10/6/97
16. Section 11.6 Vacation Scheduling, suspend "No more than two unit members" as long as
Constant Staffing in place
17. Section 12.4 Paramedics delete "(i.e. 5% total medical)" not accurate, delete "When the
department has a plan to implement ALS/engines..." not relevant
18. Continuing Education Amount Section 12.9.1: Total education pay is cumulative up to
17.5%, effective January 5, 1999 total education pay is cumulative up to 19.5%.
19. Sick Leave Monitoring: in Union #12B
20. Probationary Period: Agreed, 18 months by side letter
21. Section 17.1 Clothing Allowance "first pay period in July 1998 5700, first pay period in
July, 1999 $725"
CITY OF BURLINGAME
CLASSIFICATIONS AND SALARIES FOR INT'L ASSN.
OF FIREFIGHTERS
EFFECTIVE
JUNE 22, 1998
A
B
C
D
E
F300 FIREFIGHTER
MONTHLY ----3-,670.21
3,853.61
4,048.33
4,243.05
4,467.20
BIWEEKLY
1,693.95
1,778.59
1,868.46
1,958.33
2,061.79
HOURLY
15.12
15.88
16.68
17.49
18.41
F301 FIRE CAPTAIN
MONTHLY
4,331.35
4,553.24
4,781.92
5,017.39
5,266.45
BIWEEKLY
1,999.09
2,101.50
2,207.04
2,315.72
2,430.67
HOURLY
17.85
18.76
19.71
20.68
21.70
F303 FIREFIGHTER TRAINEE
MONTHLY
3,435.51
BIWEEKLY
1,585.62
HOURLY
19.82
F304 FIRE MECHANIC
MONTHLY
4,331.35
4,553.24
4,781.92
5,017.39
5,266.45
BIWEEKLY
1,999.09
2,101.50
2,207.04
2,315.72
2,430.67
HOURLY
17.85
18.76
19.71
20.68
21.70
F305 DEPUTY FIRE MARSHALL
MONTHLY
4,331.35
4,553.24
4,781.92
5,017.39
5,266.45
BIWEEKLY
1,999.09
2,101.50
2,207.04
2,315.72
2,430.67
HOURLY
17.85
18.76
19.71
20.68
21.70