HomeMy WebLinkAbout09728ORDINANCE NO. 9728
AN ORDINANCE AMENDING AND EXTENDING THE TERM
OF THE COLLECTIVE BARGAINING AGREEMENT
BETWEEN THE CITY OF PUEBLO AND THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL #3 FOR A ONE-YEAR PERIOD COMMENCING
JANUARY 1, 2021 THROUGH DECEMBER 31, 2021
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 No. 3, a copy of which is
attached hereto, having been approved as to form by the City Attorney, is hereby
approved and pursuant to the requirements of Section 8-14(l) of the Charter of the City of
Pueblo, Colorado, is enacted as an Ordinance.
SECTION 2.
The Mayor is authorized to execute the Amendment to the Collective Bargaining
Agreement 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 authorized and directed 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 June 8, 2020 .
Final adoption of Ordinance by City Council on June 22, 2020 .
President of City Council
Action by the Mayor:
☒ Approved on June 26, 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-8
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: June 8, 2020
TO: President Dennis E. Flores and Members of City Council
VIA: Brenda Armijo, City Clerk
FROM: Mayor Nicholas A. Gradisar
Charles Hernandez, Director of Finance
Marisa Pacheco, Director of Human Resources
Robert Jagger, Sr. Asst. City Attorney
SUBJECT: AN ORDINANCE AMENDING AND EXTENDING THE TERM OF THE
COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO
AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL #3
FOR A ONE-YEAR PERIOD COMMENCING JANUARY 1, 2021 THROUGH
DECEMBER 31, 2021
SUMMARY:
Attached is a proposed amendment to the collective bargaining agreement between the City of
Pueblo and the International Association of Fire Fighters Local #3 (“Union”) which would extend
said agreement for calendar year 2021 and provide for no increase in the salary schedule during
calendar year 2021.
PREVIOUS COUNCIL ACTION:
Pursuant to Ordinance No. 9526 approved September 9, 2019, the City entered into a collective
bargaining agreement with the Union for calendar year 2020. The agreement granted the City
the option to extend the agreement for two successive one-year terms with a 2.75% increase in
the salary schedule for year 2021 and a 2.5% increase in the salary schedule for year 2022.
BACKGROUND:
Given the current economic conditions facing the City, the City is unwilling to approve any
extension of the agreement which would provide for an increase in the salary schedule. The
Union is agreeable to such an extension provided the parties begin the process of studying the
possible transition to a two days on four days off or 48-96 hour schedule (“48/96 Schedule”) from
the City’s current one day on two day off or 24-48 hour schedule (“24/48 Schedule”). The
amendment keeps in place the City’s right to extend or not to extend the agreement for calendar
years 2022 and 2023 at the rates previously agreed. If the City does extend the agreement for
both years, the parties would be required to negotiate a 1-year trial period with respect to
transitioning to a 48/96 Schedule to occur in calendar year 2023. It is expressly agreed that any
such trial period shall not result in any increase in costs to the City from those costs the City would
have incurred if the City had remained on a 24/48 Schedule.
FINANCIAL IMPLICATIONS:
There shall be no increase in monthly salary schedule for calendar year 2021.
Health insurance will be determined in accordance with the Amendment. The amounts will be
determined prior to the end of this calendar year subject to the following requirements:
Plan design shall be determined by a majority vote of the Benefits Committee; provided,
however, if no majority vote is cast or if the plan and benefits selected will result in any
increase in the current premiums, the Mayor shall determine and select such plan and
benefits. The City’s percentage share of premiums including the current maximum dollar
amount the City must contribute toward any premium (“Contribution Cap”) shall be
continued. The City and Union shall share equally in the costs of any premium increase
approved by the Mayor, and the Contribution Cap shall be adjusted accordingly.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
STAKEHOLDER PROCESS:
Not applicable.
ALTERNATIVES:
If the City Council does not approve the amendment, the parties would commence negotiations
for a successor agreement and all provisions would be subject to negotiations.
RECOMMENDATION:
City Administration recommends approval of this Ordinance.
Attachments: A copy of the Amendment to the Collective Bargaining Agreement between the
City and the Union
AMENDMENT TO COLLECTIVE BARGAINING AGREEMENT
This Amendment to Collective Bargaining Agreement ("Amendment") is entered
into this 2(,4L day of S u N e. , 2020, 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 collective bargaining agreement
effective January 1, 2020 through December 31, 2020 (herein "Labor Agreement");
WHEREAS, the City is faced with economic uncertainties as a result of the
COVID 19 pandemic and both the Union and the City wish to work together to mitigate
this uncertainty;
WHEREAS to that end the parties have agreed upon a contract extension of the
Labor Agreement upon the amended terms as provided for herein;
NOW THEREFOR, in consideration of the foregoing and mutual covenants
contained herein, the parties agree as follows:
A. Article 10 of the Labor Agreement is amended to read as follows:
ARTICLE 10. WAGES.
Section 1. Monthly pay rates
(a) Effective January 1, 2020, the monthly pay rate for each class, grade, step, or position of
employees covered by this Agreement shall be paid in accordance with the following monthly salary
schedules:
Rank(*=56-hr work
week except for
Captain Entry 2nd yr. 3rd yr. 4th yr. 5th yr. 6th yr.
(Administration) and
FRU Assignments)
Assistant Fire Chief* 7,168.89 7,168.89 7,559.55 8,988.27
Emergency Medical 5,261.09 5,261.09 5,570.56 6,591.40
Officer*
Fire Captain* 5,931.08 5,931.08 6,371.95 7,789.84
Fire Engineer* 5,165.98 5,165.98 5,468.67 6,411.63
Fire Inspector 5,586.39 5,586.39 5,834.54 6,711.24
Firefighter 4,465.31 4,834.77 4,881.58 5,024.89 5,121.35 5,992.18
(b) For calendar year 2021,the monthly salary schedule shall remain unchanged, and the monthly
pay rate shall be paid in accordance with the monthly salary schedules set forth in the above Section 1(a)
of this Article 10.
(c) Effective January 1, 2022, the monthly pay rate for each class, grade, step, or position of
employees covered by this Agreement shall be paid in accordance with the following monthly salary
schedules:
Rank(*=56-hr work
week except for
Captain Entry 2nd yr. 3rd yr. 4th yr. 5th yr. 6th yr.
(Administration) and
FRU Assignments)
Assistant Fire Chief* 7,767.44 7,767.44 7,767.44 9,325.33
Emergency Medical 5,723.75 5,723.75 5,723.75 6,838.58
Officer*
Fire Captain* 6,547.18 6,547.18 6,547.18 8,081.96
Fire Engineer* 5,619.06 5,619.06 5,619.06 6,652.07
Fire Inspector 5,994.99 5,994.99 5,994.99 6,962.92
Firefighter* 4,588.11 4,967.73 5,015.82 5,163.07 5,262.19 6,216.89
(d) Effective January 1, 2023, the monthly pay rate for each grade, step, or position of employees
in the Fire Fighter classification shall be paid in accordance with the following monthly salary schedules,
and the monthly pay rate for each position in the promotional classes shall be paid in accordance with the
following monthly pay rates (*denotes a 56-hr work week except for Captain (Administration) and FRU
Assignments):
1. Fire Fighter*
Entry 2nd yr. 3rd yr. 4th yr. 5th yr. 6th yr.
4,702.81 5,091.92 5,141.22 5,292.15 5,393.74 6,372.31
2. The monthly pay rate for each position in the classification of Engineer* shall be
$6,818.37 which is equivalent to 107% of the above identified monthly pay rate for Fire Fighter 6th
year.
3. The monthly pay rate for each position in the classification of Emergency Medical
Officer*shall be$7,009.54 which is equivalent to 110%of the above identified monthly pay rate for
Fire Fighter 6th year.
4. The monthly pay rate for each position in the classification of Fire Inspector shall be
$7,136.99 which is equivalent to 112% of the above identified monthly pay rate for Fire Fighter 6th
year.
5. The monthly pay rate for each position in the classification of Fire Captain* shall be
$8,284.00 which is equivalent to 130% of the above identified monthly pay rate for Fire Fighter 6th
year.
6. The monthly pay rate for each position in the classification of Assistant Fire Chief*shall
be$9,558.47 which is equivalent to 150% of the above identified monthly pay rate for Fire Fighter
6th year.
Section 2. Captain (Administration) shall constitute an assignment for Captain and shall have
assigned duties primarily relating to administrative functions including training and EMS Coordination.
Captain (Administration) shall be a Group A Fire Fighter. The monthly base pay of the Captain
(Administration)shall be the monthly base pay of Captain in the same grade who is a Group B Fire Fighter
plus an additional$550.00.
Section 3. Fire Engineers who possess and maintain an EMT-I certification or higher with the City
shall be paid a monthly stipend of one percent(1%)of their monthly base pay in accordance with the City's
usual and customary payroll practices. Fire Engineers hired on or after January 1, 2018 who are
required as a condition of their employment as Fire Engineers with the City to possess and
maintain an EMT-I certification or higher pursuant to Section 49.2 of this Agreement shall also be eligible
for and paid said monthly stipend.
Section 4. Fire Fighters assigned to Focus Response Unit(FRU) shall be a Group A Fire Fighter.
They shall be allowed to work OT within the FRU classification when approved by the Chief or his/her
designee.
Section 5. Each Fire Fighter who has completed a course of study in hazardous materials approved
by the Fire Chief, and is a certified Hazmat Technician, and is permanently assigned to the Hazmat
Response Team, shall receive an additional $50.00 per month while assigned to the Hazmat Response
Team, provided that a maximum of eight (8) fire personnel on each shift will be so compensated. There
will be no step up to this position.
Any Fire Fighter assigned to the Hazmat Response Team shall obtain certification at the Hazmat
Technician level within one year. Failure to do so will result in transfer by the Chief.
Fire fighters permanently assigned to the Hazmat Response Team effective January 1, 1995, will
continue this assignment without the need to re-bid their shift or station.
Section 6. Fire Fighters who are assigned as an Arson 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.
B. Article 24 of the Labor Agreement is amended to read as follows:
ARTICLE 24. FAMILY MEDICAL COVERAGE.
Section 1. Health insurance shall be as provided or otherwise determined pursuant to the August
26,2019 Self-Funded Health Benefit Plan Amendment to the Labor Agreement, a copy of which is attached
hereto, labelled Exhibit A and incorporated herein.
Section 2. The City shall contribute for each firefighter$25.00 of the full cost of an individual dental
plan and $25.00 of the full cost of a family dental plan. The City shall also provide for a $10,000 Life
insurance plan for all firefighters. The dental plan should be the same or similar to the plans of general
service employees.
C. Article 51 of the Labor Agreement is amended to read as follows:
ARTICLE 51. DURATION OF AGREEMENT.
This Agreement shall be effective January 1, 2020, and all of its provisions shall remain fully
effective through December 31, 2021 and may be extended by the City for two(2) successive one(1)year
terms.
The decision to extend the term of this Agreement shall be made by the City Council on or before
the 1st day of June 2021, or 2022,whichever the case may be. The extended term shall be upon the same
terms and conditions, except that wages during each extended term shall be as provided or otherwise
determined pursuant to Section 10.1 of the Agreement and health insurance shall be as provided or
otherwise determined pursuant to Section 24.1. If the City Council shall fail to extend the term of the
Agreement as stated above, then either party may commence negotiations for a successor agreement by
serving notice pursuant to the City Charter on or before June 21, 2021, or June 21, 2022, as the case may
be.
D. Miscellaneous Provisions
1. The parties further agree to form a joint labor management committee to study
possible transition to a two days on four days off or 48-96 hour schedule ("48/96
Schedule") from the City's current one day on two day off or 24-48 hour schedule
("24/48 Schedule"). All management members of the committee shall be appointed
by and act solely under the direction of the Mayor. In the event that City Council
extends the Labor Agreement through December 31, 2023, the committee will
commence meeting on or before June 2, 2022 and work in good faith to negotiate
terms and conditions with respect to transitioning to a 48/96 Schedule for a 1-year
trial period to occur in calendar year 2023 ("Trial Period MOU"); provided, however,
any Trial Period MOU, including transitioning to or, if applicable, reverting from a
48/96 Schedule shall not result in any increase in costs to the City from those costs
the City would have incurred if the City had remained on a 24/48 Schedule. If the
City and Union are unable to reach an agreement with respect to the Trial Period
MOU on or before September 1, 2022, any unresolved issues shall be submitted
to binding interest arbitration in accordance with, unless otherwise herein provided,
Sections 8-14(r) through 8-14(v), City Charter. It is stipulated and agreed that the
factors considered by the arbitrator under Section 8-14(t), City Charter, shall
include the effect of any proposal with respect to sick leave use, other leave use,
accrual, fatigue, accidents or injuries. The Mayor is authorized to approve and
execute any Trial Period MOU in the name of the City, whether agreed to by the
parties or determined pursuant to binding interest arbitration. In December 2022,
the parties may by mutual agreement adopt the 48/96 Schedule on other than a
trial basis and implement the necessary amendments to the Labor Agreement
consistent with the Trial Period MOU. If there is no such mutual agreement to
amend the Labor Agreement approved and executed by City and Union on or
before December 31, 2023, the 48/96 Schedule will revert to the existing 24/48
Schedule.
2. The parties stipulate, acknowledge and agree that, given the extension of the
Labor Agreement agreed to herein and entered into in calendar year 2020 for
calendar year 2021 and based upon the terms of this Labor Agreement as
amended including but not limited to the City's discretion to approve any future
extension, this Labor Agreement complies and satisfies all requirements of City
Charter including but not limited to Section 18(1) which limits collective bargaining
agreements to a term of not more than three years and all duties to negotiate a
successor agreement for calendar year 2021 as provided in Section 8-14(m) or
otherwise.
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
By: 24&64,42 .10/7By:
Mayor P=side t
ATTEST: ATTEST:
4.1trida 10-441;i-').40
City Clerk
Exhibit A
AMENDMENT TO THE COLLECTIVE
BARGAINING AGREEMENT
This amendment to the collective bargaining agreement ("Amendment") is executed this `l
day of Prv. yr , 2019, by and between Pueblo, a municipal corporation ("City"),
and International Association of Fire Fighters Local No. 3 ("Union")(collectively the"Parties").
WHEREAS, City and Union are parties to a collective bargaining agreement commencing
January 1, 2019 and ending December 31, 2019 ("Labor Agreement").
WHEREAS,the Parties are interested in transitioning from a fully-insured to a self-funded
health insurance plan ("Self-Funded Health Benefit Plan").
WHEREAS, in order to proceed with such transition, City desires and Union is willing to
agree to certain terms and conditions which will be applicable to such Self-Funded Health Benefit
Plan.
NOW THEREFOR, in consideration of the foregoing and the mutual covenants herein
contained, the Parties stipulate, acknowledge and agree as follows:
1. If the City elects after consultation with the Union to transition to a Self-Funded
Health Benefit Plan to be available in calendar year 2020 and thereafter, the following terms and
conditions shall govern such plan, shall bind the Parties and shall supersede any conflicting or
inconsistent provision of the Labor Agreement:
a. Plan Design. If a Self-Funded Health Benefit Plan is provided to covered
employees of Amalgamated Transit Union Division No. 662 ("Transit"),
the City, Transit, Pueblo Association of Government Employees,
International Brotherhood of Police Officers Local 537 and Union shall
meet as a committee and confer with respect to determining the health plan
design and benefits to be provided under such plan. Each party shall have
one vote for a total of five (5) votes with respect to selecting such health
plan design. The majority vote of the committee shall determine the plan
and benefits; provided, however, if no majority vote is cast or if the plan
and benefits selected will result in any increase in the current premiums,
the Mayor shall determine and select such plan and benefits.
Alternatively, if a Self-Funded Health Benefit Plan is not provided to
covered employees of Transit,the City, Pueblo Association of Government
Employees, International Brotherhood of Police Officers Local 537 and
Union shall meet as a committee and confer with respect to determining the
health plan design and benefits to be provided under such plan. Each party
shall have one vote for a total of four(4)votes with respect to selecting such
health plan design. The majority vote of the committee shall determine the
plan and benefits; provided, however, if no majority vote is cast or if the
plan and benefits selected will result in any increase in the current
premiums, the Mayor shall determine and select such plan and benefits.
b. Premiums and Contributions. Premiums shall be determined by City based
upon the recommendation of City's insurance broker consultant, the plan
design chosen pursuant to above Subsection l.a., and the funding level
acceptable to City. Employees who are eligible and select an offered plan
shall pay the cost of any applicable premium by payroll deduction subject
to the contributions herein provided. The City shall pay 95% of the actual
premium for an individual policy per month. The City shall pay 78%of the
actual cost of a premium toward the cost of a single plus spouse, single plus
child or children or family policy per month for employees. If the employee
elects coverage under a PPO option, if offered, the City's contribution to
payment for such PPO shall be in the same dollar amount as if the employee
had elected coverage under the HMO Tier 1 option for the same coverage
tier. If an employee elects coverage under a high deductible health plan
with Health Savings Account ("High Deductible HSA"), if offered, the
City's monthly contribution for the High Deductible HSA shall be One
Hundred Dollars ($100.00) per month less than monthly contribution
required for the City's HMO Tier 1 plan, at the same coverage tier, and the
City will contribute Sixty Six Dollars and 67 Cents ($66.67) per month to
each employee's health savings account under such High Deductible HSA.
c. Self-Funded Contracts and Documents. All contracts, programs and
documents necessary to transition to and administer the Self-Funded Health
Benefit Plan shall be determined and selected by City including but not
limited to all costs and expenses of administrations, any third-party
administration, if selected, stop loss policy, if selected, IIIPAA privacy and
security policies, and plan administration policies and procedures.
d. Plan assets. All assets of the Self-Funded Health Benefit Plan, including
but not limited to premiums, reserves and reimbursements, shall be the
property of the City to be used solely for providing benefits for enrolled
employees and assuring funding of the Self-Funded Health Benefit Plan at
a risk level acceptable to City.
2. For calendar year 2020,the Union waives any present or future right,contingent or
otherwise,that it may have to negotiate any change to the terms and conditions of this Amendment
in any successor collective bargaining agreement. The intent and purpose of the foregoing waiver
is that the Self-Funded Health Benefit Plan available in calendar year 2020 shall be subject to and
governed by the terms and conditions of this Amendment, and this Amendment shall be construed
and applied consistent with such intent and purpose. Notwithstanding the foregoing,the City shall
not be prohibited or otherwise limited by this Amendment from asserting or otherwise maintaining
in any future negotiation of a successor collective bargaining agreement that any term or condition
of this Amendment is not a mandatory subject of bargaining.
3. To the extent the parties negotiate a successor contract to the Labor Agreement
which provides for extension of the collective bargaining agreement in calendar year 2021 or 2022
and if the City provides a Self-Funded Health Benefit Plan in calendar year 2020 and if the City
does so elect to extend the term of such successor collective bargaining agreement for calendar
year 2021 or 2022, the Union may commence negotiations after receipt of notice of such election
with respect to the terms and conditions of this Amendment by serving notice pursuant to Section
8-14, City Charter, on or before June 20, 2020 or June 20, 2021, as applicable. If the Union
exercises such option to open negotiations with respect to the terms and conditions of this
Amendment, no other provision of the collective bargaining agreement shall be opened for
negotiations.
4. With respect to any provision relating to determining plan design during any
subsequent calendar year negotiation for a successor collective bargaining agreement after 2020,
including any reopening as set forth in above Section 3, the parties expressly stipulate and agree
that the then current provisions for determining plan design shall govern the method and manner
in which the plan design is selected for the following calendar year even though such provisions
may be amended in the successor agreement.
5. Should the City elect to discontinue the Self-Funded Health Benefit Plan, the
provisions of the Labor Agreement applicable to a fully-insured health benefit plan shall be
reinstated.
6. Union expressly stipulates, acknowledges and agrees that City is materially relying
upon the faithful performance of each and every provision of this Amendment, and without this
Amendment, including each and every provision, the City would not consider proceeding with a
transition from a fully funded health insurance plan to a Self-Funded Health Benefit Plan.
7. This Amendment represents the entire agreement between the Parties and
supersedes all prior discussions and written agreements or understandings with respect to the
subject matter of this Amendment. This Amendment may be amended only by an instrument in
writing signed by the Parties. If any provision of this Amendment is held invalid or unenforceable,
no other provision shall be affected by such holding, and all of the remaining provisions of this
Amendment shall continue in full force and effect. This Amendment may be executed in multiple
counterparts, each of which shall be deemed an original, and all of which together constitute one
and the same agreement.
8. This Amendment shall be construed in accordance with and governed by the laws
of the State of Colorado.
9. This Amendment shall be binding upon and inure to the benefit of the parties and
their respective successors and assigns.
10. The persons signing this Amendment on behalf of Union represent and warrant that
such parties and Union have the requisite power and authority to enter into, execute, and deliver
this Amendment and that this Amendment is a valid and legally binding obligation of Union
enforceable against Union in accordance with its terms.
Executed at Pueblo, Colorado, the day and year first above written.
UNION CITY
INTERNATIONAL ASSOCIATION OF Pueblo, a municipal corporation
FIRE FIGHTERS, LOCAL NO. 3
By . �� ._ • � By
Pr,lidem `r Mayor
B �
•• ATTEST:
Seer tary
L--Et.CJAcL OL
City Clerk