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HomeMy WebLinkAbout05-021 - Resolutions RESOLUTION NO. FD 05-021 A RESOLUTION OF THE BOARD OF DIRECTORS OF THE RANCHO CUCAMONGA FIRE PROTECTION DISTRICT, RANCHO CUCAMONGA, CALIFORNIA, UNILATERALLY IMPLEMENTING THE DISTRICT'S LAST, BEST, AND FINAL OFFER TO THE RANCHO CUCAMONGA FIREFIGHTERS' LOCAL 2274 FOR CHANGES IN TERMS AND CONDITIONS OF EMPLOYMENT FOR THE FISCAL YEAR 2004-2005 WHEREAS, representatives of the Rancho Cucamonga Fire Protection District and Rancho Cucamonga Firefighters' Local 2274 (a recognized employee organization representing non-management safety employees of the District) have engaged in ten (10) meet and confer sessions since and including June 8, 2004 regarding negotiation of a successor to a fiscal year 2003-2004 memorandum of understanding; and WHEREAS, an impasse has been reached between the District and the Union regarding negotiation of a successor memorandum of understanding; and WHEREAS, the District has never adopted procedures for resolution of disputes involving wages, hours and other terms and conditions of employment, which would be in addition to the impasse-resolution procedures set forth in Government Code § 3505.2 (MEDIATION; APPOINTMENT OF MEDIATORS; COSTS), and WHEREAS, representatives of the District and the Union have not agreed upon the appointment of a mediator to mediate their present dispute, and WHEREAS, Government Code § 3505.4 IMPASSE; IMPLEMENTATION OF LAST, BEST AND FINAL OFFER provides in pertinent part that if after meeting and conferring in good faith an impasse has been reached between the public agency and the recognized employee organization, and impasse procedures where applicable have been exhausted, a public agency that is not required to proceed to interest arbitration may implement its last, best and final offer, and WHEREAS, by means of written correspondence dated March 22 and March 23, 2005, District representatives did provide notice to Union representatives that unilateral implementation of the type and scope described herein would be considered by the Board of Directors at its meeting of April 20, 2005, and WHEREAS, an impasse continues to exist between the District and the Union regarding negotiation of a successor to the fiscal year 2003-2004 memorandum of understanding, NOW THEREFORE, BE IT RESOLVED THAT the District's written last, best and final meet and confer offer shall be implemented as follows, with all implementation to be prospectively effective during the first payroll period commencing on and after the date of adoption of this Resolution, unless otherwise specifically indicated: Resolution No. FD 05-021 Page 2 of 4 A. SALARY — 3% base salary increase, effective the first payroll period commencing on or after July 1, 2004. This retroactive payment shall only be made to unit members employed by the District on the date of adoption of this Resolution. B. Modification of MOU Article ll, Section 2(A)(13) to memorialize existing practice that Paramedic compensation shall be the equivalent of 12.13% of the unadjusted top step base salary of the Engineer classification. C. Implementation of standardized carpooling benefits and compensation consisting of $2 for every day that the: employee rideshares, paid at the end of each quarter, as well as a singular monthly benefit to an individual being selected monthly by drawing to receive that benefit. D. Implementation of an IRS 125 plan, allowing for pre-payroll tax deduction of out-of-pocket medical contribution premiums, to be utilized to pay the difference between the amount of District-funded premiums and the amount of out-of-pocket premium payments borne by Unit employees. E. Revisions to a grievance procedure, providing for application of the procedure only to claimed violations, misinterpretations, misapplications or non- compliance with existing District coders, resolutions, rules, regulations or the memorandum of understanding. The enacted procedure shall consist of the following appeal steps: 1) immediate supervisor, 2) Fire Chief or designated representative, 3) binding arbitration. The precise language of the grievance procedure (including expanded time limits for filing grievances) shall be in accord with the written last, best and final District proposal submitted to the Union on March 4, 2005. F. Implementation of a due process governed discipline procedure where none existed. Disciplinary procedure also establishes an appeal process for the Fire Chief and prescribes due process for appeals, which enables affected employee to appeal suspensions without pay, reductions in pay, demotions, and/or dismissal. Disciplinary procedure shall consist of: 1. Disciplinary determination being made by the Fire Chief, with the pre- disciplinary meeting being conducted by the Fire Chief or designee. 2. Ability to appeal disciplinary decision of the Fire Chief to the City Manager. 3. A trial-type evidentiary hearing before an advisory hearing officer jointly selected by the District and the Union, prior to final administrative determination of appeal by City Manager. 4. Resultant disposition of administrative appeal by City Manager subject to further appeal to the Court by employee pursuant to CCP §§ 1094.5 and 1094.6. Resolution No. FD 05-021 Page 3 of 4 The precise language of the discipline procedure shall be in accord with the written last, best and final District proposal submitted to the Union on March 4, 2005. G. Implementation of a maintenance of benefits clause which shall provide that all wages, hours and terms and conditions of employment specifically provided for in the memorandum of understanding, shall remain in full force and effect during the term of the MOU, unless modified pursuant to written agreement of the parties. H. It is the intent of the District that if there is ever a determination by the California Supreme Court that the economic provision(s) of this RESOLUTION is or was subject to impasse resolution pursuant to CCP § 1299 et seq., then the non-economic issues implemented herein shall remain in full force and effect and not be impacted by any such judicial determination or by the provisions of CCP § 1299 et seq. Please see the following page for formal adoption,certification and signatures Resolution No. FD 05-021 Page 4 of 4 PASSED, APPROVED, AND ADOPTED this 201h day of April 2005. AYES: Gutierrez, Michael, Williams NOES: Alexander, Spagnolo ABSENT: None ABSTAINED: None William J. Ale ander, President ATTEST: �Q A Katryn L. 9cott, Secretary 1, KATHRYN L. SCOTT, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby certify that the foregoing Resolution was duly passed, approved, and adopted by the Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular Meeting of said Board held on the 201h day of April, 2005. Executed this 215' day of April 2005 at Rancho Cucamonga, California. J-lam Latt �ahryn Scott, Secretary