HomeMy WebLinkAboutReso 132-1976 RESOLUTION NO. 132-76
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM
OF UNDERSTANDING, UNIT 6 - INTERNATIONAL ASSOCIA-
TION OF FIREFIGHTERS OF AMERICA, LOCAL 1507,
AFL-CIO, JULY 1, 1976 - JUNE 30, 1978.
BE IT RESOLVED by the City Council of the City of South San
Francisco that the Memorandum of Understanding with Unit 6 - International
Association of Firefighters of America, Local 1507, AFL-CIO, for the period
July 1, 1976 to June 30, 1978, a copy of which is attached hereto as
Exhibit "A" and incorporated herein by this reference as if set forth ver-
batim, is hereby accepted and approved.
I hereby certify that the foregoing Resolution was regularly intro-
duced and adopted by the City Council of the City of South San Francisco at
a regular meeting held on the 15~ day of Sei~mber
1976, by the fo]lowing vote:
AYES, COUNCILMEN William A. Borba, Emanuele N. Dam~nte, Terr~ J. Mirri and
Leo Padre4dii
NOES, " Richard A. Battaglia
ABSENT, " Nome
ATTEST. ~--2~ ~~x~~'
City Clerk
EXH I BI T "A"
MEMORANDUM OF UNDERSTANDING
UNIT 6 - INTERNATIONAL ASSO-
CIATION OF FIREFIGHTERS OF
AMERICA, LOCAL !507, AFL-CIO
July 1, 1976 - June 30, 1978
Except for Surviving Provisions
The City of South San Francisco (hereinafter, City) and Unit 6 - Inter-
national Association of Firefighters of America, Local 1507, AFL-CIO (herein-
after, Unit 6) acknowledge and affirm that they have met and 'conferred in good
faith, exchanged proposals and counter-proposals and in all respec.ts fulfilled
their obligations under law to meet and confer in good faith-
This Memorandum of Understanding is the product of the above-described
meet and confer process. Representatives of the City have agreed to present
this Memorandum to the City Council for determination and representatives of
Unit 6 have agreed to present this Memorandum to their membership for accept-
ance and approval.
1. Term. The term of this Memorandum of Understanding shall be from
July 1, 1976, to June 30, 1978, except for the surviving proVisions herein-
after set forth.
2. Retirement and Salary Relationship - Total Compensation. Members of
Unit 6 desire to obtain the substantial benefits of the 2% @ Age 50 Public
Safety Retirement Formula by having City amend the PERS agency contract to
so provide. City does not desire to so amend because (1) City now provides
the ½ @ Age 55 Public Safety Retirement Formula which includes members of
Unit 6, Fire'Department personnel not presently members of said'unit and
future public safety Fire Department personnel, all at an agency contribution
rate City is presently willing to pay when considered in relation to cost of'
C.A. 8/27/76
salaries and other benefits which constitute total compensation, and (2) in
accordance with applicable retirement laws, such amendment will cause City
to incur an increase in the agency contribution rate for all public safety
personnel (fire and police), which increase in cost of total compensation
(including but not limited to salaries, retirement and other benefits) City
is unwilling to incur. Members of Unit 6, for the purpose of establishing
a reasonable City cost for said total compensation and, therefore, to induce ·
City to so amend the PERS contract (1) propose and agree,, pursuant to Govern--
ment Code Section 3500, et seq., to establish a New Base Salary and. furnish
the assurances described below which City may' require as a condition preced-
ent to the PERS contract amendment, and (2) make the representations described
below as the basis for a condition precedent which City may require prior to.
the PERS contract amendment.
·
2.1 New Base Salary.
2.1.1 Established in Fiscal Year 1977-78.
A New Base Salary for members of Unit 6 shall be established for fiscal
year 1977-78, same to be effective on June 24, 1977. Said Base Salary
shall'be computed as. follows' (1) Add to each member's 1976-77
Bi-Weekly Salary a percentage of said salary equal to the annual
percentage change in cost of living as reflected in the Bay Area Cost
of Living Index for the preceding completed annual index period~ (April
to April), and (2) then deduct from that total the member's pro rata
share of the difference between the agency contribution for the ½ @
Age 55 formula (police and fire) and the agency contribution for the
public safety retirement benefits referred to as 2% @ Age 50 Formula.
Reference is hereby made to a document entitled "Public Employees
2,
Retirement System Actuarial Valuation Report, PERS-ACT-14 (12/75),
Agency Name City of South San Francisco, Employee No. 0093" dated
June 14, 1975, issued by Kisuk Yang, Chief Actuary for PERS, which is
attached hereto as Exhibit A and by this reference incorporated herein.
Said reference designates on line "B," sub-line "a" the retirement bene-
fits which are the subject of this Memorandum of Understanding and sets
forth the agency contribution rates as of July 1, 1975, for the respec-
tive formulas in Report A, B and C. Report C sets forth the. retirement
benefits which are the subject of this Memorandum of Understanding and
referred to as the 2% @ Age 50 Formula. The agency contribution rates
for the "retirement benefits" designated in Reports A and C line "B"
sub-line "a" of said reference shall be obtained by City from PERS
actuaries or a consulting actuary on or before May 1, 1977, for the
purpose of said computation. The difference in the agency contribution
rates so determined shall be applied to the total public safety pay-
roll (fire and police) for the bi-weekly periods to determine the total
cost as a basis for computing the member's proportionate share of that
cost.
2.1.2 Significance and Use of New Base Salary - Survival of Provision.
This provision states the significance and use of the New Base Salary,
also referred to as Base Salary, established pursuant to paragraph
2.1.1 of this Memorandum of Under'standing for future related actions.
This provision shall survive the term of this Memorandum of Under-
standing, which term is set forth in paragraph 1, and shall run con-
currently with the period for which the 2% @ Age 50 Public Safety
3,
Retirement Benefits are applicable to eligible firemen in accordance
with PERS rules and regulations, including those firemen appointed
after the effective date of this Memorandum of Understanding. Each ~/
of the following sub-paragraphs may be read in conjunction with one
or more of the other sub-paragraphs mld~hs Memorandum of Understand-~.~.~
ing to interpret this provision.
(a) Base Salary for fiscal year 1977-78 shall be the salary estab-
lished pursuant to paragraph 2.1.1 of this Memorandum o~ Under-
standing and changes therein in subsequent years or other times
by Memorandum of Understanding or otherwise shall be designated
"Amended Base Salary."
(b) Changes in the Base Salary or Amended Base Salary, whichever is
applicable,' shall not be based on the fact the deduction set
forth in paragraph 2.1.1(2) of this Memorandum of Understandin§
was made to compute same. or-based on the amount of said deduction.
City may refuse to consider the fact of said deduction or the
amount thereof in future negotiations as a basis for increasing
the Base Salary or Amended Base Salary, and said refusal shall
not be deemed a refusal to meet and confer in good faith or other-
wise violative of the Meyers-Milias-Brown Act (Government Code
Section 3500, et seq.).
(c) The Base Salary or Amended Base Salary, whichever is applicable,
results in a comparison difference between said salary and .the
salaries of other departments as well as the salaries of firemen
in comparable agencies. If said comparison difference equals or
e
C.A.Rev.~ 8/30/76
is less than the member's proportionate share which shall be
computed pursuant to paragraph 2.1.1(2) of this Memorandum of
Understanding (now estimated at 7.6%), it shall not serve as the
sole basis for negotiations related to salary benefits or other
terms and conditions of employment or increases or adjustments
to equal or approximate salaries, benefits or other terms and
conditions of employment for other City departments or compar-
able agencies, or to otherwise increase said salaries. If the
comparison difference equals or is less than the member's said
proportionate share as above provided, City may refuse to con-
sider same as a basis for increasing the Base Salary or Amended
Base Salary and said refusal shall not be deemed a refusal to
meet and confer in good faith or otherwise violative of the
Meyers-Milias-Brown Act (Government Code Section 3500, et seq.).
(d) If an increase by reason of cost of living or otherwise is
authorized by an approved Memorandum of Understanding or other-
wise, said increase in an amount or percentage shall be applied
to the Base Salary or Amended Base Salary, whichever is then in
effect.
(e) If a general department decrease or city-wide decrease in sala-
ries is authorized by an approved Memorandum of Understanding
or otherwise, the amount of decrease or adjustment or percentage
thereof shall be applied to the Base Salary or Amended Base
Salary, whichever is then in effect.
Be
2.1.3 Assurances by Members of Unit 6.
In addition to the acceptance and approval of paragraph 2 and sub-
paragraphs thereof of this Memorandum of Understanding, by vote of
the membership, each member of Unit 6 shall subscribe the Acceptance
and Assurance to be attached hereto as Exhibit B and incorporated
herein by this reference as if set forth verbatim. Firemen appointed
after the effective date of this Memorandum of Understanding shall
subscribe to a similar Acceptance and Assurance as a term and condition
of employment.
2.2 Representations Regarding Fire Department Personnel Who Are Not
Members of Unit 6.
The representatives of Unit 6 and members thereof represent to City that
Fire Department personnel members of Unit 1, who are not represented by
Unit 6, desire the benefits of the 2% @ Age 50 Public Safety Retirement
Formula, the establishment of a~New'Base Salary computed for them and
each of them by a formula substantially similar to that set forth in sub-
paragraphs 2.1.1 and 2.1.2 of this Memorandum of Understanding, as an
inducement for the City to amend the PERS contract to so provide and have
assured representatives of Unit 6 that each of them will support an amend-
ment to their unit Memorandum of Understanding dated the 30th day of June,
1975, and any related salary resolutions to so provide, and further rep-
resent that they will execut~ an Acceptance and Assurance substantially
similar to Exhibit B which is to be attached hereto.
2.3 City Agreement to Amend the PERS Contract.
City, acting on the inducements, assurances and representations herein-
before set forth, shall amend the PERS contract to provide the 2% @ Age
6.
50 Public Safety Retirement Formula for Fire Department personnel when
all of the following have occurred:
(a) This Memorandum of Understanding has been duly executed by the
representatives of City and Unit 6 and thereafter accepted and
approved by the members of Unit 6 and ratified by the City Council.
(b) All of the members of Unit 6 have executed the Acceptance and
Assurance and same has been attached hereto as Exhibit B.
(c) Fire Department personnel members of Unit I - Management-have suc-
cessfully concluded an amendment to the Memorandum of Understanding
for Unit I dated the 30th day of June 1975, to provide a new Base
Salary computed by a formula substantially similar to that set forth
in sub-paragraphs 2.1.1 and 2.1.2 of this Memorandum of Understand-
ing and attached or cause to be attached to said amending Memorandum
of Understanding and Acceptance and Assurance substantially similar
to Exhibit B which is to be attached to this Memorandum of Understand-
ing.
3. Salary.
3.1 Salary Effective as of June 25, 1976, through June 23 , 1977.
City and representatives of Unit 6 agree that negotiation of this Memo-
randum of Understanding commenced prior to June 25, 1976, and the parties
intended and contemplated that pay adjustments and increases pursuant to
this Memorandum of Understanding for fiscal year 1976-77 would be effect-
ive as of June 25, 1976. Therefore, the 1975-76 Base Salary for Fire-
fighters, Firefighters (Paramedic) and Fire Captains, which was continued
by Resolution 73-76 adopted June 16, 1976, pending a completion of this
e
negotiation shall be adjusted effective as of June 25, 1976, to the
ranges set forth below:
Classification
Firefighter
Firefighter (Paramedic)
Fire Captain
Range
658-F
691-F
754-F
The letter "F" designates the
City of South San Francisco Master
Salary Table - Fire Bi-Weekly
Commencing with the pay period beginning September 17, 1976, salaries
shall be paid in accordance with the Adjusted Pay Ranges in accordance
with the member's step in the range, for· fiscal year 1976-77, and the
accrued sums for the period June 25, 1976, through September 16, 1976,
shall be paid during the pay period commencing with October 15, 1976,
·
and ending October 28, 1976.
3.2 Salary Effective June 24, 1977, Through June 22, 1978.
Salaries effective June'24, 1977, through June 22, 1978, shall be
computed in accordance with paragraph 2.1.1 of this Memorandum of
Understanding.
4. Vacations. Vacations for members shall be as set forth in paragraph
6 of the Memorandum of Understanding for Unit 6 ratified November 5, 1975, by
the City Council and the vacation schedule as so provided shall be evaluated
annually to determine whether it provides a workable vacation plan to accommo-
date the demand of the members and the needs of the service. If said sched-
ule fails to provide such a workable vacation plan, then the vaCation pro-
vision shall be modified to read as follows: "Vacations must be taken in one-
week increments which commence on Mondays. Under no circumstances shall more
than two members per shift be on vacation at the same time."
8.
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5. Insurance.
5.1 Commencing as of June 25, 1976, City will pay premiums up to Seventy-
Five DOllars ($75) per month per employee for a health-insurance plan
for the employee and his or dependents, with the option available to the
employee to select a plan contracted for by City or the plan now known
as the Kaiser "S" plan, and commencing with June 24, 1977, City will pay
premiums up to Eighty Dollars ~0) per month per employee for a health-
insurance plan for the employee and his or her dependents, with the
option available to the employee to select either plan.
5.2 Commencing as of June 25, 1976, the City shall pay premiums of Twenty-
Five Dollars ($25) per month per employee for dental care substantially
similar to the California Dental Service insurance plan for the employee
and his or her dependents, and commencing on June 24, 1977, City will pay
premiums up to Thirty Dollars ($30) per month per employee for dental
service Substantially similar to the California Dental Service insurance
plan for the employee and his or her dependents.
6. Employees Covered. The provisions of this memorandum shall apply to
the employees represented by Unit 6 - International Association of Firefighters
of America, Local 1507, AFL-CIO.
7. Modification. This memorandum does not modify any provisions of the
Personnel Rules of the City except as expressly provided herein. Except as
expressly provided herein, all wages and benefits remain the same as they are
currently being provided and administered.
8. Disputes. Any disputes regarding an interpretation of this Memorandum
shall be initiated, heard and administered in accordance wi th the procedure
set forth in the City's employment grievance procedure.
9~
IN WITNESS WHEREOF, the parties hereto have executed this memorandum on
the 30th day of
August , 19 76.
CITY;S REPRESENTATIVE
Frank J. Addiego
Acting City Manager
EMPLOYEES' REPRESENTATIVES-
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Date
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16.766~ ,
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$470,,00
KISUX YANG
CHIE~ ACTUART
EXHIBIT'A
TO'UNiT 6 MEMORANDUM OF UNDERSTAND-
ING 7/1}76- .6/30/78