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Home My WebLink About09366 City Clerk’s Office Item # R-11 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: October 22, 2018 TO: President Christopher A. Nicoll and Members of City Council VIA: Brenda Armijo, Acting City Clerk FROM: Sam Azad, City Manager SUBJECT: AN ORDINANCE APPROVING AND ENACTING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3 COMMENCING JANUARY 1, 2019 AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME SUMMARY: Attached is a proposed Ordinance which would approve and enact the collective bargaining agreement between the City of Pueblo and the International Association of Fire Fighters Local No. 3 (“Union”) commencing January 1, 2019. Pursuant to §8-14(l) of the City Charter, any collective bargaining agreement negotiated or otherwise resolved by binding interest arbitration between the Union and the City shall be reduced to writing, signed by the parties, and enacted by Ordinance. PREVIOUS COUNCIL ACTION: Not Applicable. BACKGROUND: The current collective bargaining agreement between the City and Union expires on December 31, 2018. Pursuant to the requirements of the City Charter, the City and Union commenced negotiations with respect to a successor contract in June of this year. Through the negotiation process, the parties have successfully reached an agreement with respect to a successor contract. Pursuant to §8-14(l) of the Charter, such an agreement is required to be enacted by Ordinance. The successor contract contains the following specific changes with respect to the prior contract: DEFINITION Makes need changes based upon the Mayor form of government including change of references from City Manager to Mayor. ARTICLE 3. UNION SECURITY. Makes needed changes based upon United States Supreme Court decision in Janus v. Am. Fed'n of State, Cty., & Mun. Employees, Council 31, 138 S. Ct. 2448, 2459, 201 L. Ed. 2d 924 (2018) which prohibits the City and Union from extracting agency fees from nonconsenting employees. The parties have agreed that the Union will be allowed to have up to two (2) hours during the recruit academy to talk with probationary Fire Fighters about Union activities that are mutually beneficial to the City and the community. ARTICLE 10. WAGES. Increase employee salaries by the following percentages for the following classifications over the 2017 rates: Firefighter 6.25% Fire Engineer 4% EMO 2.3% Captain 3.75% Assistant Chief 3.0% Fire Inspector 2% Step increases remain in effect. Provides that Fire Fighters assigned to Focus Response Unit (FRU) shall be a Group A Fire Fighter, but that they shall be allowed to work overtime within the FRU classification when approved by the Chief or his/her designee. Employees assigned as a Cause and Origin Investigator and have the certification of International Association of Arson Investigators Certified Fire Investigator (IAAI-CFI) or National Association of Fire Investigators Certified Fire & Explosion Investigator (NAFI-CFEI) shall receive an additional $100.00 per month. ARTICLE 12. TUITION REFUND. Increases the maximum amount of tuition refund from $1,000 to $2,000 per year. Refunds remains a management discretion. ARTICLE 41 APPOINTMENTS. Provides a mechanism for hiring qualified candidates from outside City employment for the Fire Engineer classification. ARTICLE 49 PROMOTIONAL EXAMINATION REQUIREMENTS. For Fire Engineer classification, amends the minimum service requirements to allow for hiring of qualified candidates from outside City employment. Also provides that the Department shall make a good faith effort to work with Civil Service on providing six (6) months prior notice of both the promotional reading list and promotional examination dates ARTICLE 51. TERM. The term of this agreement is for one year. ARTICLE 55. DEATH AND DISABILITY PLAN. Provides that the City shall pay during the term of the contract and on behalf of all Fire Fighters hired after January 1, 1997, the state-mandated contribution for death and disability coverage pursuant to C.R.S. § 31-31- 811 (4). FINANCIAL IMPLICATIONS: This Collective Bargaining Agreement provides for a wage increases as outlined above for all classes. In addition, step increases for all classes will remain in effect through 2019. The cost of the wages increases, and steps is approximately $558,922. The increased cost for the Death and Disability plan is estimated at $24,886. In addition, the special skills pay for cause and origin investigators is estimated at approximately $6,400. The total estimated financial impact of this contract for 2019 is approximately $590,208. BOARD/COMMISSION RECOMMENDATION: Not applicable. STAKEHOLDER PROCESS: Not applicable. ALTERNATIVES: The requirements of §8-14(l) of Charter require the agreement be enacted as an Ordinance. RECOMMENDATION: City Administration recommends approval of this Ordinance. Attachments: A copy of the Collective Bargaining Agreement between the City and the Union commencing January 1, 2019, is attached. ORDINANCE NO. 9366 AN ORDINANCE APPROVING AND ENACTING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3 COMMENCING JANUARY 1, 2019 AND AUTHORIZING THE PRESIDENT OF CITY COUNCIL TO EXECUTE SAME WHEREAS, pursuant to the requirement of Section 8-14, City Charter, the corporate authorities of the City of Pueblo and the sole and exclusive bargaining agent of the classified employees in the fire fighters bargaining unit, i.e. International Association of Fire Fighters Local No. 3, have negotiated and otherwise resolved all remaining issues by final and binding interest arbitration with respect to a collective bargaining agreement commencing January 1, 2019 (the “Labor Agreement”); and WHEREAS, the Labor Agreement has been reduced to writing and signed by said parties pursuant to the requirements of Section 8-14(l) of the Charter, City of Pueblo, Colorado; and WHEREAS, Section 8-14(l) of the Charter of the City of Pueblo, Colorado, further requires that the Labor Agreement be enacted as an Ordinance; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Collective Bargaining Agreement between the City of Pueblo and the International Association of Fire Fighters Local No. 3 commencing January 1, 2019, 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 the Collective Bargaining Agreement in the name of the City. 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 upon final approval and passage. INTRODUCED: October 22, 2018 BY: Ed Brown MEMBER OF CITY COUNCIL APPROVED: PRESIDENT OF CITY COUNCIL ATTESTED BY: ACTING CITY CLERK PASSED AND APPROVED: November 12, 2018 Entered into this 2nd day of October, 2018. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3 By ( 3.1.11 dfr Preside By Secretary CITY OF PUEB 0 By President of the City Council ATTEST: dativnA:e fidinoCity Clerk APPROVED AS TO FORM: City Attorney , f/d r Attorney for IAFF Local No. 3 IAFF 2019 Contract— Page 75