Loading...
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