HomeMy WebLinkAboutResolution - - 2003-349 - 11/4/2003 RESOLUTION NO. 2003-349
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, TO IMPLEMENT CHANGES IN
WAGES, HOURS AND OTHER TERMS AND CONDITIONS
OF EMPLOYMENT FOR CITY EMPLOYEES
REPRESENTED BY FRESNO CITY EMPLOYEES
ASSOCIATION,
WHEREAS, the City of Fresno ("City") and Fresno City Employees Association
("FCEA" or"Association")were parties to a Memorandum of Understanding ("MOU")
effective July 1, 1997, which expired, after one extension, on June 30, 2002; and
WHEREAS, on March 25, 2002, the parties commenced negotiations for a
successor MOU; and
WHEREAS, on March 10, 2003, after fifty-two (52) negotiations meetings, the
Association declared that negotiations were at an impasse; and
WHEREAS, on April 2, 2003, the parties conducted an impasse meeting, and
WHEREAS, commencing on April 9, 2003, the parties participated in mediation
under the auspices of Mediator Ron McGee of the State Mediation and Conciliation
Service; and
WHEREAS, the parties participated in a total of thirteen (13) mediation sessions;
and
WHEREAS, on July 18, 2003, the parties had resolved all outstanding issues
through the mutually selected process of mediation, with the exception of wages and the
effective date of wage increases, and they agreed that the City would seek direction from
the City Council in a closed session scheduled for July 22, 2003; and
WHEREAS, on July 22, 2003, in mediation after a closed session meeting of the
City Council, the City presented a compromise on wages consisting of a two percent
(2%) offer effective February 15, 2003, a Supplemental Sick Leave Accrual bank, and
reopener negotiations in 2004/05 limited to the issues of salary, health and welfare,and
two additional items selected by each party; and
WHEREAS, also on July 22, 2003, the parties agreed that the City's proposed
compromise was acceptable as a Tentative Agreement, the Association agreed to
recommend the Tentative Agreement to its members, the City agreed to prepare the
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Tentative Agreement in the form of a successor MOU, and the Association agreed to
provide the copy of the successor MOU reflecting the Tentative Agreement to their
membership for a ratification vote to be conducted on August 5, 2003; and
WHEREAS, on August 4, 2003, in response to a request from the Association's
Chief Negotiator, the City made further concessions in the draft Tentative Agreement/
Successor MOU, to further facilitate the Association's ratification process and to assure
the Association's agreement on the Tentative Agreement/Successor MOU; and
WHEREAS, on August 5, 2003, the Association convened its membership to
conduct a ratification vote on the Tentative Agreement/Successor MOU, reportedly did
not recommend approval of the Tentative Agreement/Successor MOU, and attained a
vote against the Tentative Agreement/Successor MOU; and
WHEREAS, by letter of August 6, 2003, the Association advised the City that a
majority of its members who attended the meeting voted to reject the proposed MOU and
that those members directed the Association to prepare a new counter-offer to the City's
last offer; and
WHEREAS, by letter to the Association dated August 6, 2003, the City indicated r
that the Tentative Agreement reflected the City's Last, Best and Final Offer, requested
that the Association resubmit the City's Last Best and Final Offer to the membership, and
that the Association advise the City of the results of the membership's reconsideration no
later than August 22, 2003; and
WHEREAS, the Association, by letter of August 14, 2003, declined to convey the
City's Last Best and Final Offer to its membership and instead proposed that the City
modify its last salary offer to increase its salary proposal to provide a three percent (3%)
increase effective January 1, 2003, and indicated that, if the City met this condition, the
Association would present the proposal to their members for reconsideration; and
WHEREAS, under the foregoing circumstances, the City is now authorized by
to implement its Last, Best and Final Offer:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
Section 1. The City shall implement the changes in wages, hours and terms and
conditions of employment in this Section. These changes were contained within the
City's Last, Best and Final Offer and the July 22, 2003 Tentative Agreement for a
Successor MOU.
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A. Grievance procedure timelines and the authority of the neutral and
Grievance Advisory Committee are as follows:
1. Should the grievant not be satisfied with the answer received from
the immediate supervisor, the grievant may, within ten (10) calendar
days, file an appeal to the department head. (MOU Article VI.A.e.2)'
2. If the grievant is not satisfied with the decision of the department
head, the grievant may, within ten (10) calendar days after receipt of
the written reply, file a request for a review of the department head's
decision to the Grievance Advisory Committee. (MOU Article
VI.A.e.4)
3. The neutral and Grievance Advisory Committee shall be bound by
the language of the MOU, City Administrative Orders, ordinances,
rules and regulations consistent therewith in considering any issue
properly before them. The neutral and Grievance Advisory
Committee shall be expressly confined to the precise issues
submitted and shall have no authority to consider any other issue not
so submitted. The neutral and Grievance Advisory Committee may
not recommend changes in established wages or benefits, nor
recommend the payment of back wages or benefits to a date prior to
the date the grievance was timely filed. (MOU Article VI.A.e.6.b)
B. Dues Deduction/Agency Shop administration shall include the following:
1. The procedures governing dues deductions, agency shop, hold
harmless obligations, religious and conscientious objections, and
financial reporting requirements shall be as provided in Government
Code Section 3502.5 (MOU Article VILA)
2. At the request of the Association, the City shall deduct past
Association dues from an employee entitled to back pay, provided
the employee's earnings are sufficient after other legal and required
deductions are made to cover the amount in arrears. (MOU Article
VII.C)
C. Employees shall be entitled to a daily meal period of no less than thirty(30)
uninterrupted minutes. In the event the employee is directed to work, thereby
1 The parenthetical references to"MOU Article_"refer to the complete MOU document sent to
the Association as the City's Last, Best and Final Offer on August 6, 2003, on file in the City Clerks's
Office.
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interrupting the meal period, the employee shall be allowed to take a full meal period
prior to the end of the shift, or to be compensated at one and one half times (1 '/) the
base rate of pay for the missed meal period. (MOU Article XIII.A.2)
D. Effective July 1, 2003, employees hired into classes which have step
increases will move from step "A"to step "B" on the anniversary date which is twelve (12)
calendar months from the date the employee was appointed to the current class. (MOU
Article VII I.G.1)
E. The salaries for Fresno City Employees Association members will be
increased by two percent (2%), retroactive to February 15, 2003, with retroactive pay to
be disbursed in accordance with the City's normal practice. (MOU Article IX.B.1)
F. Effective February 15, 2003, the salary for employees in the class of Life
Skills Instructors, which shall be considered Permanent Part-Time employees, shall be
as follows:
Class Title A B C D E
Life Skills Instructor 3034 3186 3346 3514 3690
This five-step monthly salary range shall serve as the base rate of pay used to calculate
the salary increase detailed in Paragraph E, above. Employees shall be placed at the
appropriate step based on the date of hire in the class of Life Skills Instructor(formerly
Drug Abuse Resistance Education Instructor). Life Skills Instructors shall be required to
use their personal vehicles in the performance of their duties, and shall be reimbursed on
the basis of Category 4 of the City's transportation allowance and mileage
reimbursement policy, A.O. 2-2. (MOU Article IX.B.2)
G. Effective the second pay period following implementation of this Resolution,
except for employees occupying the classes of Community Services Officer I/II/Senior,
Fire Prevention Inspector I/II/Senior, Neighborhood Services Representative I, Life Skills
Instructor, Administrative Clerks assigned to the Records Division and Rangemasters/
Armorers, employees who are required to purchase, maintain and wear a duty uniform
shall receive a maintenance and replacement fee of thirty dollars ($30) per month.
(MOU Article IX.E.1)
H. The uniform allowance for new hires into the classes of Community
Services Officer I/II/Senior, Fire Prevention Inspector I/II/Senior, Neighborhood Services
Representative I, and Life Skills Instructor shall be increased to $395, to be paid in the
first paycheck. Upon completion of probation, employees in these classes shall receive
$65.83 per month for uniform maintenance and replacement to be prorated on a pay
period by pay period basis. (MOU Article IX.E.2.a and IX.E.3)
I. Administrative Clerks assigned to the Records Division and Rangemasters/
Armorers shall receive $250 in their first paycheck for the purpose of assisting in the
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purchase and maintenance of uniforms. Upon completion of probation, employees in
these classes shall receive $41.66 per month for uniform maintenance and replacement.
(MOU Article IX.E.2.b)
J. Employees may not accrue a Compensatory Time Off(CTO) balance of
more than forty-eight (48) hours. City departments may compensate by cash payment all
CTO balances on the last pay period in each fiscal year at the base/straight time rate of
pay, or in any given pay period at the employee's request. (MOU Article IX.F.2)
K. Fresno City Employees Association employees may be subject to on call,
call back or standby duties at the discretion of a department, as follows:
1. On Call - Employees shall receive premium pay for fifteen (15)
minutes at the employee's base rate of pay for each contact from
management or designee during time outside of an employee's
normal scheduled work hours, where the employee is not
prescheduled for standby, and which does not require the employee
to return to the work site. (MOU Article IX.F.3.c.1)
2. Call Back- Employees shall receive premium pay for call back
assignments at either one and one-half times or two times the
employee's base rate of pay for each two-hour minimum of work in
each 24-hour period for time outside of the employee's regular work
hours when required to return to the work site. (MOU Article
IX.F.3.c.2)
3. Standby- Employees shall receive premium pay for standby duties
in the amount of$16.00 for each workweek night (four total) and
$72.00 for days off beginning the first shift of the following week for
time outside of regular work hours when required to be available to
respond within one hour. (MOU Article IX.F.3.c.3)
L. Bilingual premium pay is not pensionable. (MOU Article IX.F.3.d)
M. No employee may receive compensation in accordance with Fresno
Municipal Code Section 2-1650 until completing eighty (80) hours of service in a higher.
class, which may be accumulated in half shift increments (e.g., 4 hours for 5/8
employees; 5 hours for 4/10 employees). (MOU Article IX.F.3.e.2)
N. Employees scheduled to work on their birthday who wish to take the day off
shall submit a Request for Leave of Absence form for pre-authorization and approval.
(MOU Article IX.G.1.f)
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O. Effective December 1, 2003, AO 2-19.1, Attendance Policy, shall apply to
employees in Fresno City Employees Association. (MOU Article IX.G.2.a)
P. Employees shall be allowed up to forty-eight (48) hours of accumulated sick
leave per fiscal year for Family Sick Leave, which may only be used for those purposes
defined in the California Labor Code. (MOU Article IX.G.2.b)
Q. Effective July 1, 2003, all employees shall receive an additional forty (40)
hours of Supplemental Sick Leave Accrual credit which may be (1) utilized by non-
probationary employees once regular sick leave has been exhausted, (2)taken as
service credit on an hour-per-hour basis upon retirement, or(3) cashed out at retirement
or separation from the City. (MOU Article IX.H) Permanent Intermittent employees shall
accrue eight (8) hours Supplemental Sick Leave Accrual for each 173.33 non-overtime
hours paid. (MOU Article X.2.a) Permanent Part-Time employees shall accrue
Supplemental Sick Leave Accrual at a rate proportionate to a full-time employee in the
class, according to the number of hours scheduled to work. (MOU Article X.2.b)
R. An employee who suffers or who has suffered an injury or illness in the
course and scope of City employment shall receive seventy-six percent (76%) of the
employee's full wages or salary, excluding overtime. (MOU Article IX.I)
S. Special rules for employees assigned to the Police Department:
1. Court Appearances - Employees receiving departmental notice or
subpoena shall be compensated for appearance by"Standby,"
"Standby at Home" or"Reporting to and Standby" at the Court
Liaison Office (CLO). An employee on "standby" shall be
compensated at the rate of$36.00 per day on a day off, with no
compensation on a regular day of work. An employee on "standby
at home" shall be compensated at one and one-half times for actual a_
time of appearance with a two (2) hour minimum. An employee
"reporting at CLO" shall be compensated at one and one-half times
with a two (2) hour minimum; if not required to appear in Court the
employee may be directed to perform assigned duties during the two
(2) hour minimum period. If an employee works more than the two
(2) hour minimum, the employee shall be compensated at one and
one-half times beyond the two (2) hours, only on a day off status.
Employees on "automatic go" shall be compensated for a minimum
of three (3) hours at one and one-half times or for the actual time of
the appearance, whichever is greater. On a regular day of work,
employees shall be compensated for a one (1) hour minimum if
appearance starts one (1) hour following a shift; if during the shift
and beyond the one (1) hour, the employee will be compensated at
the applicable rate for actual time spent. (MOU Article XI.C)
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2. Court Appearance/Absent With Substitute (AWS) -An employee off
on AWS shall be compensated at the applicable rates stated in
Paragraph S(1) above as if the employee was working. If the
employee is the substituting employee, then the employee shall be
compensated as though the employee had a scheduled day off.
(MOU Article XI.C.5)
3. Family Events - Employees may request paid time off(vacation,
CTO, or holiday time)for the purpose of attending special family
events, such as weddings, birthdays, graduation, etc., and such
request may only be cancelled in an emergency. (MOU Article XI.D)
4. CSOs Assigned to Patrol Division - Sign ups will be by seniority by
class for shift, area, and/or days off once annually in March, or prior
to the beginning of the "summer' schedule. One Senior CSO will be
allowed to sign up in each Policing District. If a hardship exists
during the twelve (12) month assignment cycle, each employee will
be allowed one request for a change and a response shall be issued
within thirty (30) calendar days. Probationary CSO I's will be
assigned to a district, shift and detail. CSOs assigned to training will
be scheduled during an eight-hour workweek, or an eight-hour shift
basis. CSOs maybe assigned to other police-related duties or
functions for periods of time which could require temporary changes
to shift hours. All CSOs who work a 4/10 schedule will forfeit the
daily 30 minute unpaid meal break and combine the two fifteen
minute breaks for a 30-minute paid rest break. (MOU Article XI.F)
5. Special Events and Contract Law Enforcement Services -All special
events and contract law enforcement services as special detail
assignments will be compensated at time and a half. Compensation
will not be credited toward years of service for retirement purposes.
All assignments will be on a volunteer basis except for exterior
assignments. Probationary CSOs are not eligible to perform special
events. (MOU Article XI.G)
6. Call Diversion Unit -Assignments shall be conducted in March of
each calendar year by distribution of a Matrix to all CSOs. (MOU
Article XI.H)
7. CSOs and Emergency Services Dispatchers shall be permitted to
substitute for one another when staffing levels do not permit time off,
in accordance with Section 7(p)(3) of the Fair Labor Standards Act.
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Employees wishing to provide a substitute must notify the
department at least twenty4our(24) hours in advance of the
substitution. (MOU Article XI.I)
8. The handling of critical incidents for Emergency Services
Dispatchers shall be governed by Police Divisional Order No. 6.2.13.
(MOU Article XIX)
9. Employees in the classification of Property and Evidence Technician
and Community Services Officers assigned to the Prosecutor Liaison
Office with responsibility for filing narcotics cases and conducting
presumptive analysis on narcotics shall be subject to random drug
testing implemented in accordance with the procedures and
protocols outlined in the Federal Omnibus Transportation Act of
1991. (MOU Article XII)
Section 2. The following items require mutual agreement or Association consent,
or are otherwise conditioned upon the existence of an MOU, and are therefore not legally
subject to implementation at this time:2
A. Association access to time bank funded by employee vacation leave
accruals (MOU Article II.D.3)
B. Review of new class series for Police Clerk (MOU Article VIII.I)
C. Review of possible conversion of Recreation Leaders to full-time
employees (MOU Article VIII.I)
D. Language establishing Labor Management Committees unit-wide (MOU
Article VIII.J)
E. Limitations on scope of reopeners (MOU Article IX.B.1 and IX.D)
F. Meeting and conferring over enhanced retirement benefits (MOU Article
IX.C)
G. Requests to meet and confer on changes to federal or state statutes, or
City AOs, policies and procedures (Article XIV.C)
2 Nothing herein precludes the City and Association from mutually agreeing to participate in the ,
processes specified in Paragraphs B-G, pending a new MOU.
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Section 3. The following items reflect the legal obligation and/or rights of the City
but are either not appropriate or are not necessary for inclusion in a unilateral
implementation resolution:
A. The employer-employee relationship between the City and its employees
and the City and the Association shall be governed by applicable provisions of the Public
Employment Relations Board. (MOU Article I.C)
B. No employee shall be discriminated against on the basis of any status that
is protected by state or federal nondiscrimination statutes as set forth in City policies.
(MOU Article 11.13)
C. The rights of the City include the determination of staffing levels, including
but not limited to, staffing by shift and class. (MOU Article III.A.2)
D. Association employees shall be governed by Fresno Municipal Code
Section 2-1923 as adopted June 10, 2003 and effective July 18, 2003. (MOU Article
IV.E.2)
E. The Association agrees to represent Unit employees in a manner
consistent with the requirements of the Meyers-Milias-Brown Act and applicable state
and federal regulations. (MOU Article IV.H.2)
F. The City and the Association shall jointly promote the implementation and
effective use of the City of Fresno Injury and Illness Prevention Program (IIPP). In the
event any safety violation or health hazard is detected, it shall be reported promptly to
the appropriate supervisor who shall take immediate action in accordance with the IIPP.
(MOU Article V.13.1)
Section 4. The following items are consistent with existing City practice:
A. Employees on vacation may be permitted to work by notifying the
department of their desire to work and shall be compensated at the applicable overtime r
rate in addition to the employee's vacation. (MOU Article IX.F.1)
B. The workweek for the City begins Monday at 12:01 a.m. and ends the
following Sunday at midnight. The workday starts at 12:01 a.m. and ends 24 hours later
at midnight. (MOU Article IX.K.1.a)
C. Both 5/8 and 4/10 workweek work schedules shall be utilized to provide
minimum staffing. (MOU Article IX.K.2)
Section 5. This Resolution does not effect changes in any item not referenced
above which may be covered by prior MOU, policy or practice.
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Section 6. The effective date of implementation of this Resolution shall be
November 17, 2003, unless otherwise specified.
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, REBECCA E. KLISCH, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held on
the Atjj_day of November , 2003.
AYES Calhoun, Dages, Duncan, Boyajian
NOES Castillo, Perea, Sterling
ABSENT None
ABSTAIN None
Mayor Approval: November 5 , 2003
Mayor Approval/No Return: N/A , 2003 r
Mayor Veto: N/A , 2003
Council Override Vote: N/A , 2003
REBECCA E. KLISCH_
City Clerk
BY:
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY: V Rt&WL PaAX,4,4u*,--
Deputy
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November 5, 2003 p � �` EU Council Adoption: Nov.4, 2003
Mayor Approval:
TO: MAYOR ALAN AUTRY A� l-.S� Mayor veto:
AiCler.�, ., r,,F
�,2, yFROM: REBECCA E. KLISCH, K,FRESI�0 G?Y override Request:
SUBJECT: TRANSMITTAL OF COUNCIL ACTION By:
Deputy
FOR APPROVAL OR VETO
At the Council meeting of 11/04/03 , Council adopted the attached Resolution No. 2003-349 ,
entitled implement changes in wages hrs etc for City emps represented by FCEA (5:00 p.m.
by the following vote:
Ayes Calhoun, Dages, Duncan, Boyajian
Noes Castillo, Perea, Sterling,
Absent None
Abstain None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on or
before 11/15/03 . Failure to file this memo with the Clerk's office within the required time limit shall
constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor's
signed approval.
Thank you.
APPROVED:
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VETOED for the following reasons: (Written objections are required by Charter; attach additional
sheets if necessary.)
Alan Autry, MayoDate:
Mayor, II 0�
COUNCIL OVERRIDE ACTION: Date:
Ayes :
Noes
Absent
Abstain