CC RESOLUTION 3716RESOLUTION NO. 371.6
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF EL SEGUNDO, CALIFORNIA, TAKING LEGISLATIVE
ACTION REGARDING THE 1991 -1992 FISCAL YEAR
IMPASSE EXISTING BETWEEN ITSELF AND THE EL
SEGUNDO FIREFIGHTERS ASSOCIATION, CALIFORNIA
TEAMSTERS, PUBLIC, PROFESSIONAL AND MEDICAL
EMPLOYEES UNION, LOCAL 911.
THE CITY COUNCIL OF THE CITY OF EL SEGUNDO, CALIFORNIA, DOES
HEREBY RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS:
1. GOVERNING RESOLUTION AND INVOCATION OF IMPASSE PROCE-
DURES
On June 7, 1983, the City Council passed, approved and
adopted RESOLUTION NO. 3208, establishing procedures governing
employer - employee organization relations.
Section 2(g) of the RESOLUTION defines "impasse" as follows:
"'Impasse' means that the representatives of the City
and a recognized employee organization have reached a
point in their meeting and conferring in good faith
where their differences on matters to be included in a
memorandum of understanding, and concerning which they
are required to meet and confer, remain so substantial
and prolonged that further meeting and conferring would
be futile."
Section 16 of RESOLUTION 3208 provides a method whereby
either party may initiate the impasse procedure described there-
after by filing with the other party a written request for an
impasse meeting, together with a statement of its position on all
disputed issues.
By means of correspondence dated June 19, 1991, representa-
tives for the City did advise representatives of the E1 Segundo
Firefighters Association ( "Association ") that the City was ini-
tiating the impasse procedure.
The parties exhausted those impasse procedures as required
by Section 16 of the RESOLUTION and did then agree pursuant to
Section 17 of the RESOLUTION, to submit the dispute to mediation.
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for the parties to reach a comprehensive agreement
absent significant compromises.
e. During the May 9, 1991 meet and confer session, Asso-
ciation President Captain Seward ( "Seward ") did express
several times on behalf of the Association that it did
not seek a protracted series of meetings and that the
Association preferred that each side, at a next meeting
and confer session, put their "final offers" on the
table for consideration.
f. By means of correspondence dated May 15, 1991, the City
communicated with Seward and stated its willingness to
take reasonable steps by which to accommodate the
• Association's stated dual desires to accelerate the
meet and confer process and rapidly bring it to a
conclusion, with or without agreement.
g. Accordingly, on June 7, 1991, the parties conducted
their third meet and confer session, with the same
lasting from approximately 1:05 p.m. until approxi-
mately 6:15 p.m. During said session, each party made
two comprehensive counter - proposals to the other, the
City representatives providing the Association with
three (3) documents relating to the City proposals to
modify the Replacement /Rehire policy (Article 2.01 of
• the 1975 -78 MOU), and with one supplemental document
regarding City proposals to modify Article 2.05
"TRAINING" as set forth in the 1985 -87 MOU.
h. On June 7, 1991, the City representatives further
advised Seward that their offer of that date was to the
extent of the authorization provided by the City
Council.
i. Conversation was had between the parties as to who
would send the letter initiating the impasse procedure,
with Seward suggesting that the City do so.
j. Mediation occurred on July 31 1991, and failed to
result in a resolution of the impasse.
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k. By means of correspondence dated July 10, 1991, City
representatives advised Seward of the City's offer to
reconvene the meet and confer process.
1. By means of correspondence dated July 23, 1991, the
Association responded and concluded that:
"Unless we can expect a change in
the City's offer we do not believe
a 'meet and confer' session would
be productive at this time."
M. By means of correspondence dated July 30, 1991, City
representatives advised the Association that its July
23 letter is interpreted as a rejection of the City's
• proposal to reconvene the met and confer process.
4. The following are a non - inclusive description of the posi-
tions contained within the City's April 5, 1991 initial
proposal (3a, supra) which have not been withdrawn by the
City and which remain the City's present positions that are
now subject to legislative action. These positions are
briefly described as follows:
a. Management Rights; Generally provides that the City is
not obligated to meet and confer with the Union regard-
ing a determination of management rights;
b. No Strike Clause; Specification of reference to Cali-
fornia Labor Code Section 1962 and illegality of job
actions.
C. Salary - Total Compensation; Provision that for the
1991 -92 fiscal year, the City shall provide no salary
increase, except to the extent that the lawful continu-
ation present benefits mandates the same.
d. Replacement Policy; It shall be the policy of the Fire
Department that priority be given to filling vacancies
other that by rehire of employees. City staff is
authorized take those steps necessary to implement the
• replacement policy as previously prepared by it and
provided to representatives of the Association on June
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7 and July 3 (generally providing for replacements
being selected by use of qualified personnel of any
rank; replacements filling one position in each rank;
and use of replacements being at the discretion of Fire
administration).
e. Rehire Policy; It shall be the policy of the Department
that rehires shall be selected from qualified indi-
viduals any rank. Replacements will be made in the
order of:
1. On duty acting qualified;
2. Rehire list;
3. Off duty acting qualified;
• 4. Forced hire list.
f. Training; The Department shall have the authority to
mandate training and consisted with the FLSA, the
Department shall be authorized to alter work hours
and /or shifts within the work period, in order to mini-
mize FLSA and /or City authorized overtime compensation
to employees attending voluntary and /or mandatory
training.
g. Vacation Eligibility; In no instance shall more than
one (1) person per rank be authorized to utilize vaca-
tion time during any particular shift. Ranks shall be
• defined as follows: Fire Captain; Fire Engineer; Fire-
fighter (including individuals serving as Paramedics).
h. Compensatory Time Off; At the conclusion of each work
period, any unused compensatory time off hours shall be
converted to cash at the then existing regular rate,
resulting in a zero compensatory time off account
balance at the commencement of each work period.
i. Limited Maintenance and Repair; Staff shall take those
steps necessary to prepare appropriate orders requiring
Association members to perform minor electrical, plumb-
0 ing and other maintenance and repair tasks.
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j. Forced Hire /Holdover; Personnel serving pursuant to
replacement or rehire, whether voluntary or forced
rehire, shall not be compensated at double time their
regular or other rate of pay and shall only receive
overtime compensation to the extent otherwise mandated
by City rules and regulations and /or the FLSA.
k. Physical Fitness Incentive; No compensation shall be
paid to any employee by virtue of voluntary partici-
pating in and satisfactorily completing a physical
fitness program.
1. Employees hired on or before 1975 shall be limited to a
TION NO. 3208, SECTION 17 - IMPASSE PROCEDURES AND WITH REFERE
TO THE ABOVE FACTS, THE CITY COUNCIL DOES TAKE THE FOLLOWING
ACTION THAT IT, IN ITS DISCRETION, DEEMS APPROPRIATE AS IN THE
PUBLIC INTEREST IN ORDER TO RESOLVE THE IMPASSE NOW EXISTING
BETWEEN THE CITY AND THE FIREFIGHTERS ASSOCIATION (UNION):
40 5. City Staff is directed to immediately take those steps
necessary and appropriate in its discretion, to unilaterally
0
maximum flat dollar amount of pre- existing bonuses and
•
incentives for which they are eligible. Therefore, the
compensation of such employees (excluding overtime)
shall not exceed the flat dollar amount equivalent to
that presently received by an employee eligible for
paramedic special assignment compensation, education
incentive pay, longevity pay, and occupying step E of
that rank. Further, in order to maintain eligibility
for such educational incentive pay, each affected
employee must obtain a grade of "C" or better in six
semester units each fiscal year at an accredited col-
,
lege regional college.
•M.
Promotional Examinations; Clarification of Rule 8.1 of
the Personnel Rules so as to provide that all exami-
nations for promotional positions may be "open" in
character at the discretion of the City.
NOW THEREFORE BE IT RESOLVED THAT PURSUANT TO CITY RESOLU-
TION NO. 3208, SECTION 17 - IMPASSE PROCEDURES AND WITH REFERE
TO THE ABOVE FACTS, THE CITY COUNCIL DOES TAKE THE FOLLOWING
ACTION THAT IT, IN ITS DISCRETION, DEEMS APPROPRIATE AS IN THE
PUBLIC INTEREST IN ORDER TO RESOLVE THE IMPASSE NOW EXISTING
BETWEEN THE CITY AND THE FIREFIGHTERS ASSOCIATION (UNION):
40 5. City Staff is directed to immediately take those steps
necessary and appropriate in its discretion, to unilaterally
0
implement the City's positions as briefly referenced in paragraph
4, supra, and as is more fully described in the City's April 5,
1991 written proposals to the Association.
6. The City Clerk shall certify to the passage and adop-
tion of this RESOLUTION; shall enter the same in the book of
original resolutions of said City; and shall make a minute of the
passage and adoption thereof in the records of the proceedings of
the City Council of said City, in the minutes of the meeting at
which the same is passed and adopted.
PASSED, APPROVED and ADOPTED this 20th dam of Augst, 1991.
Q
Clerk (SEAL)
•
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of E1 Segundo,
nia
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) SS
CITY OF EL SEGUNDO )
I, Ronald L. Hart, City Clerk of the City of El Segundo, California, DO HEREBY
CERTIFY that the whole number of members of the City Council of said City is five; that
the foregoing resolution, being Resolution No. 3716 was duly passed and adopted by the
said City Council, approved and signed by the Mayor of said City, and attested by the City
Clerk of said City, all at a regular meeting of the said Council held on the 20th day of
August, 1991 and that the same was so passed and adopted by the following vote:
AYES: Mayor Jacobson, Mayor ProTem Dannen
and Councilmembers West and Wise
NOES: None
ABSTENTIONS: None
WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 28th day
of August, 1991.
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City Clerk of the
City of El Segundo, California
(SEAL)