HomeMy WebLinkAboutReso 2016-137 - IAFF RESOLUTION NO. 2016-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING
AMENDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF REDDING AND THE INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS LOCAL 1934 EMPLOYEES RELATIVE TO THE CONDITIONS OF
PAYMENT FOR HOLIDAY PREMIUM PAY
WHEREAS, International Association of Fire Fighters Local 1934 Employees has been
recognized as the majority representative of an appropriate unit of employees; and
WHEREAS, the designated representatives of the City of Redding have conferred with and
entered into a Memorandum of Understanding with the designated representatives of International
Association of Fire Fighters Local 1934 Employees, where wages, hours, and terms and conditions
of employment were set and approved by City Council effective September 20, 2011 as required by
the provisions of the Meyers-Milias-Brown Act of 1968; and
WHEREAS, California Code of Regulations §571 defines special compensation and
requires the written labor agreement contain language indicating the conditions for calculation and
payment of holiday premium pay. Further, Ca1PERS has advised that labor agreements need to
contain detailed language on how regular rate of pay is calculated, as the calculation impacts holiday
premium pay; and
WHEREAS, California Code of Regulations §571 further specifies the special compensation
be contained in a written labor policy or agreement and duly approved and adopted by the City of
Redding's governing body. By amending the Memorandum of Understanding between the City of
Redding and International Association of Fire Fighters Local 1934 Employees to include language
indicating the conditions for calculation and payment of holiday premium pay, the City of Redding
will be in compliance with California Code of Regulations §571; and
WHEREAS, the City of Redding and International Association of Fire Fighters Employees C,
agreed to and approved the amendment to the Memorandum of Understanding to comply with
California Code of Regulations §571 to include language indicating the conditions for calculation F
and payment of holiday premium pay as follows:
Article 9:Hours and Overtime U�
9.4 (a) Regular Rate of Pay. Items included in determining the regular rate of pay for purposes of
calculating overtime, retirement and other regular pay calculations (i.e. holiday pay) shall include
the pay rate as established in the pay range by the employee's classification, education incentive pay
and Hazmat incentive pay, as applicable to each individual employee covered under this MOU.
9.4 (b) Overtime. Overtime compensation shall be paid at a rate equivalent to one and one-half
(1'/2) times the regular rate of pay. However, employees (excluding Full Time Limited Term
(Apprentice Firefighter) may choose to accumulate Compensatory Time Off(CTO), at the one and
one-half rate, up to the limit as established in the Fair Labor Standards Act for public safety
employees. Such accumulated CTO may not be carried over from one calendar year to another,
except as follows: an employee's accumulated CTO balance as of the last pay period ending in
November will be paid to the employee the week following the first payday in December. CTO
earned in December will be carried into the next calendar year.
Employees may not accrue CTO due to out of city emergency/fire assignments such as strike teams,
OES responses, and Overhead Assignments. Additionally, members covering for personnel
participating in these assignments outside the City would also not be allowed to accrue CTO for
those coverages.
Article 17:Holidays
17.1 Effective December 31, 2006, Regular, Full Time Limited Term (Apprentice Firefighter) and
probationary employees who are regularly scheduled to work a forty (40) hour workweek, except as
otherwise provided herein, shall be entitled to have the following holidays off with pay:
Holidays
Holidays for employee working other than a 24 hour shift(8, 9 or for 24 hour
10 hours as applicable to their regular weekly work schedule) : Shi Personnel
A January 1st X
B The third Monday in January, known as Martin Luther King,Jr. Day X
C Lincoln Day N/A
D The third Monday in February, known as President's Day X
E The last Monday in May, known as Memorial Day X
F July 4th X
G First Monday in September, known as Labor Day X
H Employee's Birthday N/A
I The second Monday in October, known as Columbus Day N/A
J November 11th, known as Veteran's Day N/A
K Thanksgiving X
L Friday after Thanksgiving X
M December 24th, the last half of the normal workshift before Christmas X
N December 25th X
If any of the foregoing holidays falls on a Sunday, the Monday following shall be observed as the
holiday, except by those employees who are regularly scheduled to work on Sunday other than on an
overtime basis. Employees who are regularly scheduled to work on Sundays shall observe such
holidays on Sunday. If any of the foregoing holidays falls on a Saturday, the preceding Friday shall
be observed as the holiday, except by those employees who are regularly scheduled to work on
Saturday other than on an overtime basis. Employees who are regularly scheduled to work on
Saturdays shall observe such holidays on Saturday. If any of the foregoing holidays fall on any day
from Monday through Friday, inclusive, and that day is a regularly scheduled non-workday for an
employee, such employee shall be entitled to receive another workday off with pay, to be scheduled
in the same manner as vacation days are normally scheduled. Notwithstanding the foregoing an
employee may observe their birthday holiday on their birthday or anytime during the pay period in
which the birthday occurs, or the holiday may be deferred and scheduled as vacations are normally
scheduled. When an employee works on their birthday, the employee shall receive pay at the regular
rate of pay. Birthday holiday pay is not considered reportable compensation and will not be
reported to Ca1PERS.
The holidays known as Lincoln Day, Columbus Day, and Veterans Day shall be scheduled by
employees and their supervisors in the same manner as vacations are normally scheduled.
Employees who work alternative work schedules commonly known as 4/10's or 9/80's and/or 4/5/9's
will be entitled to holiday pay for eight (8), nine (9) or ten (10) hours, as applicable to their regular
weekly work schedule.
17.2 Notwithstanding the foregoing, employees may be scheduled to work on holidays, in which
event any such employee will, in addition to their holiday-pay-regular earnings, be compensated
therefore at a rate of one and one-half(11/2) times their regular rate of pay
for all time worked on such days.
17.3 If an employee is in a non pay status on both workdays immediately adjacent to the holiday
they shall not receive pay for the holiday.
17.4 Effective December 31, 2006, fin lieu of the provisions of 17.1, and 17.2, and 17.3, regular
and probationary Full Time Limited Term (Apprentice Firefighter) twenty-four (24) hour shift
employees shall receive fifteen point two (15.2) hours of holiday compensation at the regular rate of
pay, maximum of 152 hours per year, on those holidays as designated in 17.1, payable in the pay
period in which the holiday falls.
WHEREAS, the City Council deems it to be in the best interest of the City to adopt such
recommendation;
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council that the City
shall approve the amendment to the Memorandum of Understanding between the City of Redding
and International Association of Fire Fighters Local 1934 Employees to reflect the statutory
requirement of California Code of Regulations §571 to include language indicating the conditions
for calculation and payment of holiday premium pay.
I HEREBY CERTIFY that the foregoing resolution was introduced and read at a regular
meeting of the City Council of the City of Redding on the 20th day of December, 2016, and was
duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: McElvain, Schreder, Sullivan,Winter, & Weaver
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
BRENT WEAVER, Mayor
ATTEST: FO ' 4 APPROVAL:
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PAMELA MIZE; Ci Clerk 1 ARR E. De ' T, City Attorney