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Home My WebLink About09636 ORDINANCE NO. 9636 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 ESTABLISHING A FLSA §207(k) EXEMPT WORK PERIOD FOR FOCUSED RESPONSE UNIT (FRU) ASSIGNMENTS BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1. The Amendment to the current and successor 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 Mayor 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 on the date of final action by the Mayor and City Council. Action by City Council: Introduced and initial adoption of Ordinance by City Council on December 23, 2019. Final adoption of Ordinance by City Council on January 13, 2020. President of City Council Action by the Mayor: ☒ Approved on January 21, 2020 . ☐ Disapproved on based on the following objections: Mayor Action by City Council After Disapproval by the Mayor: ☐ Council did not act to override the Mayor's veto. ☐ Ordinance re-adopted on a vote of , on ☐ Council action on __________________failed to override the Mayor’s veto. President of City Council ATTEST City Clerk City Clerk’s Office Item # R-7 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: December 23, 2019 TO: President Dennis E. Flores and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Brenda Armijo, City Clerk FROM: Barbara Huber, Fire Chief SUBJECT: 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 ESTABLISHING A FLSA §207(k) EXEMPT WORK PERIOD FOR FOCUSED RESPONSE UNIT (FRU) ASSIGNMENTS SUMMARY: The attached Ordinance approves an MOU to the collective bargaining agreement between the City and the International Association of Firefighters Local #3 relating to Article 23 Section 3. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The purpose of this ordinance is to amend Article 23 Section 3 regarding the Focused Response Unit (FRU) schedules and allow a schedule that is operationally beneficial to the City within the FLSA guidelines. FINANCIAL IMPLICATIONS: None. BOARD/COMMISSION RECOMMENDATION: Not applicable to this Ordinance. STAKEHOLDER PROCESS: Not applicable to this Ordinance. ALTERNATIVES: Not approve the Ordinance in which case there will be no change to the current collective bargaining agreement. RECOMMENDATION: Approve the Ordinance and the MOU. Attachments: MOU AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT This Amendment to Collective Bargaining Agreement ("Amendment") is entered into this 5_day of i7 e c t✓' , 2019, by and between the International Association of Fire Fighters Local 3 ("Union") and Pueblo, a municipal corporation ("City"). WHEREAS, City and Union are parties to (a) a collective bargaining agreement effective January 1, 2019 through December 31, 2019 ("Labor Agreement") and (b) a successor collective bargaining agreement to the Labor Agreement which shall become effective January 1, 2020 (herein "Successor Labor Agreement"); WHEREAS, City is interested in implementing a work schedule for Fire Fighters assigned to work Focus Response Vehicles wherein such employee works two thirty-six (36) hour work weeks and one forty-eight (48) hour work week provided FLSA overtime issues are addressed in the manner herein agreed. WHEREAS, the City and the Union desire to amend the said agreements to expressly recognize that Fire Fighters assigned to Focus Response Unit shall qualify for FLSA's §207(k) exemptions under an established seven day work period for which FLSA overtime would only accrue after fifty-three (53) hours worked in said work period. NOW THEREFOR, in consideration of the foregoing and the agreements to be performed as herein set forth, the parties agree as follows: 1. Section 3 of Article 23 of the Labor Agreement is amended to read as follows: The Fire Chief may implement a flex time program for Group A Fire Fighters if he desires. The Chief retains the right to return Group A Fire Fighters to normal schedule at any time. Flex time hours shall be between 7 a.m. and 7 p.m. Fire Fighters assigned to work any Focus Response Vehicle may be required to work a flex time schedule similar to the flex time schedule currently worked by Fire Prevention Inspectors; provided, however and notwithstanding anything to the contrary contained in this Agreement, the flex time schedule shall not be limited to flex time hours between Monday and Friday or be limited to the flex time hours between the hours of 7:00 a.m. and 5:00 p.m. or 7 a.m. and 7 p.m. In addition, Fire Fighters assigned to work any Focus Response Vehicle may be required to work up to a forty-eight hour work week, and for purposes of 29 U.S.C.A. § 207(k), the work period for employees assigned to work a Focus Response Vehicle shall be seven consecutive days, Monday through Sunday. Flex time hours will consist of a continuous shift. 2. Section 3 of Article 23 of the Successor Labor Agreements is amended to read as follows: The Fire Chief may implement a flex time program for Group A Fire Fighters if he desires. The Chief retains the right to return Group A Fire Fighters to normal schedule at any time. Flex time hours shall be between 7 a.m. and 7 p.m. Fire Fighters assigned to work any Focus Response Vehicle may be required to work a flex time schedule similar to the flex time schedule currently worked by Fire Prevention Inspectors; provided, however and notwithstanding anything to the contrary contained in this Agreement, the flex time schedule shall not be limited to flex time hours between Monday and Friday or be limited to the flex time hours between the hours of 7:00 a.m. and 5:00 p.m. or 7 a.m. and 7 p.m. In addition, Fire Fighters assigned to work any Focus Response Vehicle may be required to work up to a forty-eight hour work week, and for purposes of 29 U.S.C.A. § 207(k), the work period for employees assigned to work a Focus Response Vehicle shall be seven consecutive days, Monday through Sunday. Flex time hours will consist of a continuous shift. 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. Executed in Pueblo, Colorado as of the date first above written. CITY OF PUEBLO INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3 0 By: '22'4,44/40044By. - Mayor P l:side,t ATTEST: ATTEST: --11Lejlaia LAAANUtt. City Clerk