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HomeMy WebLinkAbout93-013 - ResolutionsRESOIJjTION NO. FD 93-013 A RESOLUTION OF THE BOARD OF DIRECIDRS OF THE RANCHO CUCAMONGA FIRE ~ION DISTRICT, CITY OF RANCHO CUCAMONGA, C~T~FORNIA, DtlWYING AN APPFAL FROM THE DMqIAL OF A GRIEVANCE FILm BY RANCHO CUCAMONGA FIREFIGHTER'S LOCAL 2274 A. Recitals. (i) On May 12, 1993, Rancho Cucamonga Firefighter's Local 2274 ("the Association" hereinafter) filed a grievance ("the Grievance" hereinafter) with Fire Chief L. Dennis Michael alleging a violation of Article II, Section 1B of the Memorandum of Understanding dated December 17, 1992, in that, allegedly, there was a failure of the District to pay wages required by that Memorandum of Understanding. (ii) The Grievance was forwarded to Robert C. Dominguez, City of Rancho Cucamonga Administrative Services Director, who denied the Grievance by memorandum dated May 13, 1993. (iii) The above-referenced denial was timely appealed to this Board by the Association. (iv) This Board has conducted and completed a public hearing on the above-referenced appeal. (v) All legal prerequisites to the adoption of this Resolution have B. Resolution. NOW, THEREFORE, the Board of Directors of Rancho Cucamonga Fire Protection District does hereby find, determine and resolve as follows: 1. This Board hereby finds that all of the facts stated in the Recitals, Part A, of this Resolution are true and correct. 2. Based on substantial evidence presented to this Board during the above-referencedhearing, this Board hereby finds and determines as follows: a. The Grievance was untimely in that the alleged basis therefor had been implemented by the District and had accrued during the entirety of fiscal years 1990-91, 1991-92 and for a portion of 1992-93, a period of time far exceeding the fifteen (15) days during which a grievance must be filed. b. The Grievance lacks merit in that the subject Memorandum of Understanding does not provide for automatic wage increases based on survey date, but, rather, provides a benchmark salary philosophy based on survey data which is to be taken into consideration during negotiations. 3. Based on the findings set forth in paragraph 2, above, this Board hereby sustains Mr. Dominguez's denial of the Grievance and denies the subject appeal. Resolution No. FD 93-013 Page 2 PASSED, APPROVED, and ADOPTMD this 7th day of July, 1993. Alexander, Buquet, Gutierrez, Stout, Williams AYES: NOES: None ABSENT: None Dabra J. , Secretary I, DEBRA J. ADAMS, 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 neeting of said Board held on the 7th day of July, 1993. Executed this 8th day of July, 1993 at Rancho Cucamonga, California. Debra J. , Secretary