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HomeMy WebLinkAbout10070ORDINANCE NO. 10070 AN ORDINANCE AMENDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3 RELATING TO WORK SCHEDULES FOR CAPTAIN (ADMINISTRATION) AND FOCUS RESPONSE VEHICLE ASSIGNMENTS IN CALENDAR YEAR 2022 BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The Memorandum of Understanding amending 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 Memorandum of Understanding in the name of the City and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance and the Memorandum of Understanding to implement the policies and procedures described herein. SECTION 3. 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 November 22, 2021 . Final adoption of Ordinance by City Council on December 13, 2021 . President of City Council Action by the Mayor: ☒ Approved on December 20, 2021 . □ 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-11 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: NOVEMBER 22, 2021 TO: President Lawrence Atencio and Members of City Council CC: Mayor Nicholas A. Gradisar VIA: Marisa Stoller, City Clerk FROM: Barbara Huber, Fire Chief SUBJECT: AN ORDINANCE AMENDING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3 RELATING TO WORK SCHEDULES FOR CAPTAIN (ADMINISTRATION) AND FOCUS RESPONSE VEHICLE ASSIGNMENTS IN CALENDAR YEAR 2022 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 Administrative Captains and their schedule while assigned to focused response vehicles in 2022. PREVIOUS COUNCIL ACTION: None. BACKGROUND: The purpose of this ordinance is to amend schedules regarding the Focused Response Unit (FRU) and assigned Administrative Captains to allow a schedule that is operationally beneficial to the City and Department. 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 and Exhibits MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") is entered into this 13-"day of ectrAltr, 2021 by and between the City of Pueblo, a municipal corporation ("City") and the International Association of Fire Fighters Local 3 ("Union"). WHEREAS, City and Union are parties to a collective bargaining agreement effective January 1, 2021,through December 31, 2022 ("Labor Agreement"); WHEREAS, subject to the terms and conditions herein set forth, Union and City are interested in implementing a work schedule on a trial basis for calendar year 2022 and with respect to certain Fire Fighters assigned Captain (Administration) and assigned to Focus Response Units. NOW THEREFOR, in consideration of the mutual covenants and agreements to be performed as hereinafter set forth, the parties agree as follows: 1. Up to three Captains if assigned to Captain (Administration) may be required to work the following work schedule subject to the following terms and conditions: (a) Two ten (10) hour shifts, two fourteen (14) hour shifts and two days off within a repeating six-calendar day period. Start and end times of shifts shall be scheduled so that, subject to approved absences, there is always one Captain (Administration) scheduled at all times. An example of the work schedule is attached hereto and labelled Exhibit 1. Absences shall be filled at the discretion of the Fire Chief but are not required to be filled during shift absences. (b) For purposes of 29 U.S.C. §207(k) and 29 C.F.R. 553.230, the work period shall be twenty-four (24) calendar days. The employee's basic hourly rate of pay shall be 12 x Monthly Base Pay/2920 hours. (c) Such assigned employees shall continue to receive the $550.00 additional pay set forth in Section 10.2 of the Labor Agreement and shall continue to perform administrative functions, including training and EMS Coordination, in addition to all additional assignments of work within the Class specification for Captain and as may be directed by the Fire Chief. (d) Subject to the following exceptions and for the purposes of holidays, vacation leave, sick leave and absence without leave as contained in Articles 19,20,28 and 32 of the Labor Agreement respectively, such assigned employees shall be treated as Group B Fire Fighters with appropriate conversion of the term "shift" to a period of 24 hours: (i) With respect to Section 20.7(d) of the Labor Agreement, any absence of such assigned employee shall be in addition to and not be included within the calculation of the seven Fire Fighters allowed off under said section. (ii) With respect to Section 28.10 of the Labor Agreement, a medical certificate issued and signed by the employee's physician which provides adequate verification that a legitimate medical reason for the absence existed and which provides enough detail so the City will understand what,if any,restrictions exist upon the employee's return to work shall be required for any absence for which paid sick leave is claimed by the employee exceeding four (4) consecutive working shifts. (iii) With respect to Section 32.3 of the Labor Agreement, any unauthorized absence of four or more consecutive working shifts shall be deemed to be and shall constitute a resignation from employment by the employee. 2. Up to six Fire Fighters if assigned to Focus Response Units ("FRU")may be required to work the following work schedule subject to the following terms and conditions: (a) Three twelve (12) hour shifts and three days off within a repeating six-calendar day period. Start and end times of shifts shall be consistent with Article 23.3. The six FRU positions shall be filled by bid. If FRU positions are not filled by bid, the Fire Chief may fill the position at their discretion provided that the Fire Chief shall not place a firefighter who is already in bidded position into an FRU position. An example of a work schedule is attached hereto and labelled Exhibit 2. Absences are anticipated to be filled as follows: If there are two absences on an apparatus,there will be no backfilling of positions,but if there is one absence on an apparatus, the intent of the Fire Chief is to back-fill with overtime; provided,however, if backfilling would require forced overtime,the intent of the Fire Chief is to leave the position unfilled. (b) For purposes of 29 U.S.C. §207(k) and 29 C.F.R. 553.230, the work period shall be twenty-four (24) calendar days. The employee's basic hourly rate of pay shall be 12 x Monthly Base Pay/2196 hours. (c) For the purposes of holidays, vacation leave and sick leave, as contained in Articles 19, 20, and 28 of the Labor Agreement respectively, such assigned employees shall be treated as a new, separately grouped set of employees known as "Group C" employees who shall receive such benefits and be subject to such conversion rates as identified and set forth in the attached Fire MOU Referenced Document, labelled Exhibit 3 and herein incorporated. (d) With respect to Section 20.7(d)of the Labor Agreement, any absence of such assigned employee shall be in addition to and not be included within the calculation of the seven Fire Fighters allowed off under said section. (e) With respect to Section 28.10 of the Labor Agreement, a medical certificate issued and signed by the employee's physician which provides adequate verification that a legitimate medical reason for the absence existed and which provides enough detail so the City will understand what, if any, restrictions exist upon the employee's return to work shall be required for any absence for which paid sick leave is claimed by the employee exceeding four(4) consecutive working shifts. (f) With respect to Section 32.3 of the Labor Agreement,any unauthorized absence of four or more consecutive working shifts shall be deemed to be and shall constitute a resignation from employment by the employee. 3. The term of this MOU shall commence on January 1, 2022 and terminate December 31, 2022. During the term of this MOU, the Labor Agreement shall be amended by the terms of this MOU, and the Union expressly waives any obligation the City may have to comply with any provisions of the Labor Agreement in conflict with the provision of this MOU and its implementation. 4. Each person signing this MOU 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 MOU on behalf of such party and that this MOU is a valid and legally binding obligation of such party enforceable against it in accordance with its terms. Executed at Pueblo, Colorado, the year and day first above written. For City For io By: __2( A. y By: . A Title: Mayor Title: 're''ide Print Name: Nick Gradisar Print Na : J ey CJ tierr-- EXHIBIT 1-Admin Captain schedule .. w . MILS A 5y `' / A a e`y� ,may 8 9 ny ! $3 6A -y ° A t3 .L A A' ,. -,, , IS , k � '6m ' #q a �s? '' �` 'ii' :::"'44:;1,1';', g, v� � � X.rwz. � - 'R# r ��r �,:;7-'.....-.„...--;,---, �- �" , 1 :` ° t:g ; ..,. ?t 4'.i '.3 s"b.*�?' fq�'f `.„'�,� " ' �t i 'a -. k '�.. .'f ;4 �` +', +n `T",. EXHIBIT 2-FRU Schedule 4.,i',,,.:,:f.,-;;4:44..,,,,,;':fs17,„*.N.''',' - '''. ',,,,--' ,:i'''.:1''::',:'''', '''',' :',1 Y. Owx• ,"ice} ' t*l�ki': F, 4 � iK 4,4 P '','"°,7Y,,..,...-,-''':: r "_ * ", 3.,; `® ,pilb` w A 1,4 di A 7 i/ - . Pr' do `iii !° o 4 r;i C EXHIBIT 3 FIRE MOU REFERENCE DOCUMENT Article 11 — BASIC RATE OF PAY Group B - 2920 hrs. per year— 56 Hour workweek Group A—2086 hrs. per year—40 Hour workweek Group C — 2196 hrs. per year—42ish Hour workweek GENERAL NOTES (no express CBA Citation other than as referenced in Section 38.7(i)) Leave Accrual and Balance Conversion Rates Group B —A — 2920/2086 = 1.4 (divide) Group A - B — 2920/2086 = 1.4 (multiply) Group B — C — 2920/2196 = 1.33 (divide) Group C — B — 2920/2196 = 1 .33 (multiply) Group C —A — 2196/2086 = 1.05 (divide) Group A— C — 2196/2086 = 1.05 (multiply) PERSONAL HOLIDAYS ARTICLE 19. HOLIDAYS - Sections 1 and 2 Group A Firefighters shall receive the designated 10 days off with pay. Additionally, Group A firefighters shall receive forty (40) hours of personal leave during each calendar year of employment. Group B Firefighters shall receive 144 hours (6 shifts) of personal leave during each calendar year of employment in lieu of holidays. Group C Firefighters shall receive 108 hours of personal leave during each calendar year of employment in lieu of holidays. VACATION LEAVE ARTICLE 20. VACATION LEAVE. Sections 1 and 2 If a firefighter was hired prior to 1/1/1997, they shall be allowed vacation leave with full pay at the following rates based on group: Years of Service Group A Group B Group C One (1) year of continuous City service 96 hours 144 hours 101 hours Five (5) years of continuous City service 120 hours 168 hours 126 hours Ten (10 years of continuous City service 144 hours 192 hours 151 hours Fifteen (15) years of continuous City service 168 hours 240 hours 176 hours If a firefighter was hired on or after 1/1/1997, they shall be allowed vacation leave with full pay at the following rates based on group: Years of Service Group A Group B Group C One (1) year of continuous City service 80 hours 120 hours 84 hours Five (5) years of continuous City service 120 hours 168 hours 126 hours Ten (10 years of continuous City service 144 hours 192 hours 151 hours Fifteen (15) years of continuous City service 168 hours 240 hours 176 hours SICK LEAVE ARTICLE 28. SICK LEAVE (accrual and max-Sections 1, 2, and 8) If a firefighter was hired prior to 1/1/1996, they shall accrue paid sick leave in accordance with the following schedule based on group: Group A Group B Group C 144 hours per year(12 204 hours per year (17 151 hours per year (12.6 hours per month) hours per month) hours per month) If a firefighter was hired on or after 1/1/1996, they shall accrue paid sick leave in accordance with the following schedule based on group: Group A Group B Group C 96 hours per year (8 144 hours per year (12 108 hours per year hours per month) hours per month) (9 hours per month) Firefighters hired prior to 1/1/1996 can elect the new Sick Leave plan, but must have done so prior to 1/1/1996 and shall accrue at the following rate of sick leave per month based on group: Group A Group B Group C 96 hours per year (8 144 hours per year (12 101 hours per year hours per month) hours per month) (8.4 hours per month) Unused sick leave shall be accumulated to a maximum accrual in accordance with the following schedule based on group: Group A Group B Group C 1440 hours 1776 hours 1512 hours ARTICLE 28. SICK LEAVE (Illness for Employee's Spouse or Child - Section 3) Firefighters shall be allowed to use accrued and unused paid sick leave for the purpose of absences related to the life-threatening illness or illness requiring hospitalize of the employee' spouse or child in accordance with the following schedule based on group: Group A Group B Group C 24 hours per year 24 hours per year 24 hours per year ARTICLE 28. SICK LEAVE (Payment Upon Separation - Sections 4 and 8) Upon separation due to retirement or death, firefighters hired prior to 1/1/1996 (who have not selected the new plan)will be paid out in accordance with the following schedule based on group: Group A Group B Group C Up to 960 hours Up to 1,344 hours Up to 1008 hours Upon separation due to retirement or death, firefighters hired on or after 1/1/1996 or firefighters hired prior to 1/1/1996 who have selected the new plan will be paid out in accordance with the following schedule based on group: Group A Group B Group C 0 hours 0 hours 0 hours ARTICLE 28. SICK LEAVE (Sick Leave Sell Back — Sections 7 and 9) Firefighters hired on or after 1/1/1996 or Firefighters hired prior to 1/1/1996 who have elected the new plan shall have the option to receive compensation for unused sick leave at on-half (1/2) pay in accordance with the following schedule and available balance conditions based on group: Group A Group B Group C Up to 80 hours per year Up to 112 hours per year Up to 84 hours per year Must have 192 hours balance Must have 288 hours Must have 202 hours balance after sale to be eligible after sale to be eligible after sale to be eligible. Firefighters hired prior to 1/1/1996 (who have not elected the new plan) shall have the option to receive compensation for unused sick leave at on-half (1/2) pay in accordance with the following schedule as well as meet available balance and service requirements based on group: Group A Group B Group C Up to 80 hours per year Up to 112 hours per year Up to 84 hours per year Must have 1008 hours balance Must have 960 hours Must have 1058 hours after sale to be eligible and balance after sale to be balance after sale to be have at least 15 years of eligible and at least 15 eligible and have at least 15 service years of service years of service