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HomeMy WebLinkAbout09222 ORDINANCE NO. 9222 AN ORDINANCE APPROVING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 3 RELATING TO PROBATIONARY PERIOD FOR APPOINTMENTS FROM A REEMPLOYMENT LIST 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 Association of Fire Fighters Local 3, 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 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 and staff 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 immediately upon final passage. INTRODUCED December 26, 2017 BY: Ed Brown MEMBER OF CITY COUNCIL PASSED AND APPROVED: January 8, 2018 City Clerk’s Office Item # R-4 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 26, 2017 TO: President Stephen G. Nawrocki and Members of City Council CC: Sam Azad, City Manager VIA: Brenda Armijo, Acting City Clerk FROM: Shawn Shelton, Fire Chief – Fire Department SUBJECT: AN ORDINANCE APPROVING AN AMENDMENT TO THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS LOCAL 3 RELATING TO PROBATIONARY PERIOD FOR APPOINTMENTS FROM A REEMPLOYMENT LIST SUMMARY: Attached is an agreement between the City of Pueblo and the International Association of Firefighters Local 3 regarding a probationary period for appointments hired from a reemployment list. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The purpose of the amendment is to establish a six month “at will” probationary period for any employee that is brought back to work through the rehire list. Previously the contract was silent on a probationary period of this type. This change was requested by Fire Chief Shawn Shelton and ratified by the union membership. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: None. RECOMMENDATION: Approval of the Ordinance. Attachments: Amendment AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT This AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT is entered into as of the`14`' day of 3 ANuA04 .20/is ,2&11 between Pueblo,a Municipal Corporation(the "City") and the International Association of Fire Fighters Local 3 (the "Union"). WHEREAS, the City and Union are currently parties to a collective bargaining agreement and successor agreement expiring December 31, 2018 (the "Labor Agreement"). WHEREAS, the Labor Agreement does not clearly reflect the probationary status of employees who are appointed from a reemployment list pursuant to Civil Service Rules 33 and 35 of City ("Reemployment List"). WHEREAS, Union agrees to the Amendment herein set forth as it will encourage City in exercising its discretion to appoint from a Reemployment List and clarify any ambiguity currently set forth in the Labor Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual covenants and agreements to be performed as herein set forth, the parties agree as follows: 1. Section 2 of Article 40 of the Labor Agreement is hereby amended to read as follows: Section 2. Whenever a former Fire Fighter is reemployed in the same class after a voluntary separation from the City service of not more than two years,which separation was not by action of the City or due to discreditable circumstances, such Fire Fighter may, with the approval of the City Manager, receive the rate in the salary schedule corresponding to the step rate received at the time of separation and shall subsequently serve thereat for at least such period as is normally required for advancement to the next higher step or salary rate. Notwithstanding the level set for the entrance salary rate, every Fire Fighter who is appointed from a reemployment list pursuant to Civil Service Rules 33 and 35 shall serve a probationary period of six months and may be removed and dismissed with or without cause during the probationary period. 2. 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. 3. 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. The Labor Agreement, as amended by this Amendment, shall remain in full force and effect. • Executed and effective the day and year first above written. INTE' ► • TIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3 I By:e, • ;• Prfide + '� Secreta CITY OF P BLO By: ,,.64).0 'resid: t of City Council ATTEST: & Ac-iinc) City Clerk