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HomeMy WebLinkAbout09077 ORDINANCE NO. 9077 AN ORDINANCE APPROVING AN AMENDMENT TO THE 2016 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 RELATING TO PROCESSING COMPENSATORY TIME REQUESTS AND HOLIDAYS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Amendment to the Collective Bargaining Agreement between the City of Pueblo and the International Brotherhood of Police Officers Local 537 commencing January 1, 2016, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved and enacted as an Ordinance. SECTION 2. The President of the City Council is authorized to execute and deliver the Amendment in the name of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance to effectuate the policies and procedures described herein. SECTION 4. This Ordinance shall become effective upon final passage and approval. INTRODUCED: November 28, 2016 BY: Ed Brown PASSED AND APPROVED: December 12, 2016 City Clerk’s Office Item # R-7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: November 28, 2016 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Gina Dutcher, City Clerk FROM: Luis Velez, Chief of Police SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE 2016 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS LOCAL 537 RELATING TO PROCESSING COMPENSATORY TIME REQUESTS AND HOLIDAYS SUMMARY: The proposed amendment to the collective bargaining agreement between the City and the International Brotherhood of Police Officers Local 537 (“Labor Agreement”) would require that requests for use of accrued comp time for any holiday or the day of the NFL Super Bowl and the day preceding and following such dates be filed at least 30 days in advance and permits denial of a timely request where same would create an undue disruption to the Police Department PREVIOUS COUNCIL ACTION: Not applicable. BACKGROUND: The Police Department has experienced difficulties in properly staffing the Department around the holidays and the NFL Superbowl. The proposed amendment would permit the City to deny a request for use of comp time for any holiday or the day of the NFL Super Bowl and the day preceding and following such dates which is not filed at least 30 days in advance or where such requests creates an undue disruption for the Department. In addition, the proposed amendment precludes the filing of a grievance with respect to any such denial. FINANCIAL IMPLICATIONS: The City does not believe that there are any significant financial impacts by this amendment, and the proposed amendment may result in cost savings related to potentially less overtime around the holidays. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: If the City Council does not pass and approve the Ordinance and proposed Amendment, the current provisions of the Labor Agreement will continue to apply. RECOMMENDATION: Both City administration and the Union recommend passage and approval of the Ordinance. Attachments: AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT THIS AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT ("Amend- ment") is entered into this 21st day of November, 2016, by and between the International Brotherhood of Police Officers Local 537 ("Union") and Pueblo, a Municipal Corporation ("City"). WHEREAS, City and Union are parties to a collective bargaining agreement effective January 1, 2016 through December 31, 2016 (herein "Labor Agreement"); and WHEREAS, Section 17.14 of the Labor Agreement currently provides: Requests for the use of accrued comp time shall be granted if they are filed with the designated representative of the City at least seven(7)days prior to the start of such leave. WHEREAS, the use of compensatory leave time around the holidays has historically created an unreasonable burden on the ability of the City's Police Department to provide services of acceptable quality and quantity; and WHEREAS, City and Union desire to adopt this Amendment to address such issues and clarify the parties' responsibilities. NOW, THEREFORE, in consideration of the foregoing and the agreements to be performed as herein set forth,the parties agree as follows: 1. Section 17.14 of the Labor Agreement is amended to read as follows: 17.14 Requests for the use of accrued comp time shall be granted if they are filed with the designated representative of the City at least seven (7) days prior to the start of such leave;provided,however and notwithstanding any provision of this Agreement to the contrary, requests for use of accrued comp time for any holiday or the day of the NFL Super Bowl and the day preceding and following such dates must be filed at least 30 days but not more than 45 days in advance and must not create an undue disruption. In the event there are multiple competing request for one or more slots for which comp time may be granted, such competing requests shall be approved on a first in time basis, i.e. first come first served. It is understood and acknowledged that use of accrued comp time for any holiday or the day of the NFL Super Bowl and the day preceding and following such dates has historically created an undue disruption for the Department, and as such, any denial of the request to use comp time on such dates whether based upon its untimeliness or because it creates an undue disruption shall not be subject to the grievance and arbitration procedure of this Agreement. 2. Section 17.18 of the Labor Agreement is amended to read as follows: 17.18 Except for requests with respect to use of accrued comp time for any holiday or the day of the NFL Super Bowl and the day preceding and following such dates, no request for any type of leave will be accepted if submitted more than thirty (30) days in advance. Provided, however, requests for leave may be submitted more than thirty (30) days in advance for the purpose of scheduling events or travel that reasonably require more substantial advance planning. Such early leave requests shall be submitted with a memorandum of explanation and shall not be unreasonably denied. 3. Each person signing this Amendment on behalf of a party represents and warrants that he or she has the requisite power and authority to enter into, execute and deliver this Amendment on behalf of such party and that this Amendment is a valid and legally binding obligation of such party enforceable against it. 4. This Amendment represents the entire agreement between the Parties with respect to its subject matter and supersedes all prior discussions or understandings that the parties may have with respect to same. Executed in Pueblo, Colorado, as of the date first above written. CITY OF PU _i ATTEST: r__________— _� �v%L BY �_.,�, 1.- City rk Presi•ent • • - -i Council LOCAL 537, INTERNATIONAL BROTHERHOOD OF POLICE OFFICERS ATTFS- / l S L By SPrret 1v Precident