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HomeMy WebLinkAbout10184ORDINANCE NO. 10184 AN ORDINANCE EXTENDING THE TERM OF THE CURRENT COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3 FOR A ONE-YEAR PERIOD COMMENCING JANUARY 1, 2023 THROUGH DECEMBER 31, 2023 WHEREAS, the corporate authorities of the City of Pueblo and the sole and exclusive bargaining agent of the International Association of Fire Fighters Local No. 3 negotiated a collective bargaining agreement and subsequent amendment thereto commencing January 1, 2021 (the “Agreement”); and WHEREAS, the Agreement was reduced to writing, signed by the parties, and enacted by Ordinance pursuant to the requirements of Section 8-14(l) of the Charter of the City of Pueblo, Colorado; and WHEREAS, the Agreement includes a provision that allows the City to extend the Agreement for calendar year 2023; and WHEREAS, section 3-17 of the City Charter requires that every Council act fixing compensation shall be by Ordinance; and WHEREAS, Article 10, Section 20 of the Constitution of Colorado (the TABOR Amendment) could be interpreted to require that compensation for each year of Agreement be authorized by separate Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that SECTION 1. The term of the current collective bargaining agreement by and between the City of Pueblo and the International Association of Fire Fighters Local No. 3, including all amendments thereto, is hereby extended for an additional one-year term from January 1, 2023 through December 31, 2023 on the same terms and conditions contained therein, except that wages during the extended term shall be as provided or otherwise determined pursuant to Article 10 of the Agreement and health insurance shall be as provided or otherwise determined pursuant to the parties Amendment to the Agreement with respect to a self-funded health benefit plan. SECTION 2. The officers and staff of the City are authorized to perform any and all acts consistent with the intent of this Ordinance 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 May 9, 2022. Final adoption of Ordinance by City Council on May 23, 2022 . President of City Council Action by the Mayor: ☒ Approved on May 26, 2022 . □ 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 Deputy City Clerk City Clerk’s Office Item # R-8 Background Paper for Proposed Ordinance COUNCIL MEETING DATE: May 9, 2022 TO: President Heather Graham and Members of City Council VIA: Marisa Stoller, City Clerk FROM: Mayor Nicholas A. Gradisar Robert P. Jagger, Sr. Assistant City Attorney Marisa Pacheco, Human Resources Director SUBJECT: AN ORDINANCE EXTENDING THE TERM OF THE CURRENT COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3 FOR A ONE-YEAR PERIOD COMMENCING JANUARY 1, 2023 THROUGH DECEMBER 31, 2023 SUMMARY: Attached is a proposed Ordinance which would extend the current negotiated collective bargaining agreement between the City of Pueblo and the International Association of Fire Fighters Local No. 3 (“Union”) for calendar year 2023. PREVIOUS COUNCIL ACTION: Pursuant to Ordinance No. 9547 approved September 9, 2019, the City entered into a collective bargaining agreement (“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 an increase in salaries equivalent in cost to an overall increase 2.75% for year 2021 and a 2.5% increase for year 2022. Pursuant to Ordinance No. 9728 approved June 26, 2020, the parties amended and extended the Agreement and provided for no increase in the salary schedule during calendar year 2021. The amendment retained the City’s right to extend or not to extend the Agreement for calendar years 2022 and 2023 at the rates previously agreed. Pursuant to Ordinance No. 9941 approved May 24, 2021, extended the Agreement for calendar year 2022 at the 2.75% increase. BACKGROUND: The City has the right to extend the current Agreement provided such election is made on or before June 1, 2022 otherwise the parties shall commence negotiations for a successor contract upon request of Union. The terms and conditions of the extended term shall be on the same terms and conditions currently agreed except for the following: 1.) Salary shall be as provided or otherwise determined pursuant to Article 10 of the Agreement which provision provides for a salary increase for all steps of each Fire rank. An increase of 2.5% for all steps will be provided.. The wage provision is further structured to eliminate steps in the promotional classes in2023 and set wages for the promotional classes based upon a percentage of top step fire fighter wages. For example, Engineer’s wages would be 107% of the top step fire fighter wages, EMO would be 110% of the top step fire fighter wages, Inspectors would be 112% of the top step fire fighter wages, Captains would be 130% of the top step fire fighter wages and Assistant Chief would be 150% of the top step fire fighter wages.; and 2.) Health insurance shall be as provided or otherwise determined pursuant to the parties Amendment to the Agreement with respect to a self-funded health benefit plan. 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. 3.) Under the current Agreement, the parties are required to meet as 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”). 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 2023, 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. FINANCIAL IMPLICATIONS: Wages would be increased in an amount equivalent in cost to an increase of 2.5 % with a cost of approximately $341,188 (including associated salary-related benefits). Final step increase costs for the year are estimated to be $66,787. Health insurance will be determined in accordance with the Amendment. As above noted, 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 to this Ordinance. STAKEHOLDER PROCESS: Not Applicable to this Ordinance. ALTERNATIVES: If the City Council shall fail to extend the term of the Agreement, 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: Proposed Ordinance Subsection (d)of Section 1 of Article 10 of the collective bargaining agreement by and between the City of Pueblo and the International Association of Fire Fighters Local No. 3 is amended to read as follows: (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. 4,978.09 5389.99 5,442.16 5,601.93 5,709.48 6,745.33 2. The monthly pay rate for each position in the classification of Engineer* shall be $7,217.50 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$7,419.86 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 $7,554.77 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 $8,768.93 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$10,117.99 which is equivalent to 150%of the above identified monthly pay rate for Fire Fighter 6th year. Approved this jay of S N{ , 2022 INTE'• • •NAL ASSOCIAT e i OF FIRE FIG 'S LOCAL NO. 3 i By: . . • Pre ir•ent Nillfti i ATTEST: ` #I► *A loli 1011 444 , It 1!% ' • Agenda Item No. R-8. AN ORDINANCE EXTENDING THE TERM OF THE CURRENT COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF PUEBLO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL NO. 3 FOR A ONE-YEAR PERIOD COMMENCING JANUARY 1, 2023 THROUGH DECEMBER 31, 2023 Move that the Ordinance be approved extending the Agreement for an additional one-year term and that Subsection (d)of Section 1 of Article 10 of the Agreement be amended to read as provided in the attached and distributed revised Subsection (d); provided, however, if the International Association of Fire Fighters Local No. 3 does not approve such amendment to the Agreement in writing within thirty (30)days of this amendment by City Council,this amendment to the Agreement shall be null and void and the prior provisions of Subsection (d)shall remain applicable and binding without change.