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Home My Public Portal About85-129 (10-01-85)RESOLUTION No. II5-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD APPROVING AN AMENDMENT TO FIREFIGHTERS MEMORANDUM OF UNDERSTANDING AND THE SALARY RESOLUTION WHEREAS, the City Council of the City of Lynwood has adopted a Com- prehensive Memorandum of Understanding between the City and the Lynwood Fire- fighters Association for July 1, 1984 through June 30, 1986; and WHEREAS, the City has adopted a. Salary Resolution for Fiscal Year 1985-86; and WHEREAS, the Supreme Court decision in the case of Garcia v. San Antonio Metropolitan Transit System extended the provisions of the Fair Labor Standards Act to local government; and WHEREAS, the City has met with the Lynwood Firefighters Association, Lynwood City Employees Association and Lynwood Employee Management Group to discuss compliance with the Fair Labor Standards Act; and WHEREAS, the City and Lynwood Firef±.ghters Association have conferred in good faith and reached agreement on issues related to Fair Labor Standards Act compliance; NOW, THEREFORE, the City Couur.fl of the City of Lynwood does hereby find, determine, order and resolve as follows: Section L Adopt the attached agreement (Exhi.bit A) amending the Comprehensive Memorandum of Understanding between the City and Lynwood Fire- fighters Association. Section. 2. Amend the Salary Resolution for Fiscal Year 19II5-86 to reduce the salary ranges at all steps for Firefighter, Fire Engineer and Fire Captain by 1 and 3/4% effective October 20, 1985 and move Administrative Cap- tain with the existing salary range to the Management Salary Schedule effec- tive immediately. Section 3. This resolution shall become effective immediately-upon its adoption. PASSED, APPROVED and ADOPTED this 1St day of October 1985. ~~~~~/ SOHI~ BYORK, Mayan City of Lynwood ATTEST: ANDREA L. HOOPER, City Cle City of Lynwood APPROVED AS TO CONTENT: ~'~~~ ~~~ Sandra Chapek, Personnel Manager APPROVED AS TO FORM: /`~ l /' City Attorney STATE OF CALIFORNIA ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereb y certify that the foregoing resolution was passed and adopted by the City Council of the City of Lynwood at a regular meeting held on the 1St day of October 1985 AYES: COUNCILMEN HENNING, MORRIS, ROWE, THOMPSON, BYORK NOES: NONE AasENT: NONE ~~,~~~a ~'iI~ i~~-dl~~',~ ~ City Clerk, City of Lynwood ~l i City of )~ #~ T`~~ 11330 BUWS ROAD rr LYNWOOD, CALIFORNIA 90262 (213)603-0220 r LETTER OF UNDERSTANDING FOR SUBMISSION TO THE LYNWOOD CITY COUNCIL AS AN AMENDMENT TO THE COZL°REHENSIVE MEPDRANDUM OF UNDERSTANDING BY AND BETWEEN THE CITY AND THE LYNWOOD FIREFIGHTERS ASSOCIATION The City and Association have met and conferred in good faith on issues arising from the Supreme Court decision in the case of Garcia v. San Antonio Metropolitan Transit System which extended the Fair Labor Standards Act to local government. The City and Lynwood Firefighters Association herein acknowledge mutual under- standfngs as well as agreed upon measures effecting compliance with requirements of the Fair Labor Standards Act with a minimum of disruption to current practices.. I ~_ II. Exempt Status The City and Association discussed the exempt status of Captain and Admin- istrative Captain ranks. It is understood and agreed that, although eligible for exemption, Captain will be treated as if non-exempt from the Fair Labor Standards Act. The Administrative Captain is exempt. It is further under- stood and agreed that the Administrative Captain will henceforward be covered by the Lynwood Employee Management Group with ao loss in salary or accrued benefits to the incumbent. i Work Period It is understood and agreed that a 27 day work period is applicable to the. uniformed shift personnel in the fire ,service. The work period is elected under the 7R exemption. April 14, 1985 is specified as the beginning date of the first 27 day work ,period for purposes of computing overtime under the Fair Labor Standards Act. IZI. Excluded Leave It is ~derstood that time not worked is excluded .when determining hours subject to compensation at time and 1/2 the regular rate under the provision of the Fair Labor Standards Act. Time not worked includes', but is not limited to, paid leave time as exemplified by vacation, holiday, assigned shift off, sick Leave, bereavement leave and the like. Ly 11W VVLL ciretign[e rS assoc. Page 2 IV. MOU Article IX Overtime It is understood that the Fair Labor Standards Act prohibits the City's previous practice of compensatory time off and that. overtime as defined is the act requires compensation at time and 1/2 the regular rate for overtime hours. It is understood and agreed that no CTO has accrued since April 15, 1985 or shall be. It is further understood-and. agreed that the rate of overtime compensation under the. Fair Labor Standards Act supplants. the emergency rate specified in Article IR Overtime: of the Comprehensive. Memorandum of Understanding. Retroactive compensation to Ap=i1 15, 1985 wi11,~ be paid for any excess between the amount yielded by the emergency rate which' has already been paid and the amount yielded by a computation of overtime pay under the Fair Labor Standards Act. The regular rate of pay in effect at the time worked shall be used to determine any overtime pay required under the Fair Labor Standards Act. Article ffi Overtime of thy: Comprehensive Memoran- dum of Understanding is hereby amended accordiaglq. V. Salary It is understood and agreed that. effective the beginning of the first work period following the approval of this agreement by the Lym/rood City Council the City's salary schedule for ranks of Ffrefighter, Engineer and Captain s'nall be adjusted to a one and three-quarters percent (1 and 3/4%) reduction in pap. VI. Assigned Shift It is understood gad agreed that the. City shall accord shift employees in the fire service one (1) shift annually with pay as an assigned shift off begiming with calendar year 1986. This shift shall be scheduled bq-the Fire Chief at his convenience and discretion.. Advance notice to the emplogee. will be given to the extent possible. The emn~oyee must be available. up to and including. the conclusiaa of the first hour of this assigned shift in case it is necessary to call that employee to.work the shift because of any unex- pected reductioa.in staffing. VII. It is understood and agreed that, if the City should become excluded from coverage under the Fair Labor Standards Act, the City and Association intend to rata-a to the situation prior to April. 15, 1985. Employee Relations Officer of the City of Lynwood/A M~nicip~.l Corporation By Dated this ~ day of 1985 Lynwood Firefighters Association By Dated this ~ day of _, 19F