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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 —1— "?1 •� Plr�PJ� Cf� 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. —2— 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. —3— • 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 -4- 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) —5— 0 • 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) —6— 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. —7— 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. —8— 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. —9— 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 -10- 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: -X- 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