Sparks City Council Meeting 7/8/2013 2:00:00 PM

    Monday, July 8, 2013 2:00 PM
    City Council Chambers, Legislative Building, 745 Fourth St, Sparks, NV

General Business: 6.12

Title: Consideration, discussion and possible approval of a bargaining agreement between the City of Sparks and the IAFF Local 1265.
Petitioner/Presenter: Shaun D. Carey, City manager/Stephen Driscoll, Assistant City Manager
Recommendation: Approval of the bargaining agreement between the City of Sparks and the IAFF, Local 1265, for the contract period of July 1, 2012 through June 30, 2015.
Financial Impact: See Attached
Business Impact (Per NRS 237):
    
A Business Impact Statement is not required because this is not a rule.
Agenda Item Brief: The City of Sparks and the IAFF Local 1265 have reached a tentative agreement on contract changes for the July 1, 2012to June 30, 2015 contract period. This agenda item is requesting consideration and approval of this agreement.


Background: The City of Sparks, Nevada, enters into labor agreements with its various bargaining units. The City of Sparks (City) and IAFF, Local 1265, entered into a multi-year agreement covering July 1, 2010 through June 30, 2012. The parties began meeting early 2012, and continued to meet on a regular basis to discuss the terms and conditions of the agreement. The bargaining agreement proposed today is the result of those meetings, and will cover the period July 1, 2012 through June 30, 2015. The City and the Unit believe the attached agreement fairly represents a good faith effort to reach agreement on labor issues related to this multi-year agreement involving wage rates and benefits. Both negotiating teams are positively recommending ratification/approval of the proposed agreement by their respective authorizing bodies.

Analysis: Following is a Summary of Tentative Agreement reached between the parties. This summary is intended to outline the significant benefit changes. Also attached to this report are both a strike out and final version of the proposed agreement. ARTICLE 7. PAY RATES Effective the first full pay period following July 1, 2013, return of the previous base salary concessions of 6.5%. This includes the 2.1% COLA of July 2010; the 2.1% COLA of January 2011; and the 2.3% concession of July 2010. No portion of this increase is retrocative, prospective only. ARTICLE 14. CLOTHING ALLOWANCE Replaces the last sentence of Section A. Effective the first full pay period following July 1, 2013, return of the $20.00 per week clothing allowance. ARTICLE 15. GROUP HEALTH AND LIFE INSURANCE The City will increase the employees’ salary and wage schedule in one-half percentage (½%) increments up to a maximum of three and one-half percent (3½%) in exchange for permanent health cost reductions, which promote personal and plan accountability or reduction in spending in the overall Group Health Plan implemented no later than January 1, 2014. IAFF Local 1265 bargaining unit members will receive their prorated share of the savings which will be converted to salary including salary-driven benefits. Pay increase will be based on City Council approval of Group Health Plan Committee Plan change recommendations. The dollars savings from the Group Health Plan to be converted to salary and wages amounts based on projections developed by the Group Health Plan Committee’s consultant. ARTICLE 23. EMPLOYEE LONGEVITY PAY Effective upon ratification and approval, the calculation period will be moved from November 30th to November 16th and the payment shall move from the first Wednesday in December to no later than Wednesday immediately preceding Thanksgiving. Any personnel whose longevity date falls within the October 31 to November 30 time frame will be paid at their November 30th rate. ARTICLE 34. DURATION OF AGREEMENT The Agreement will be in effect from July 1, 2012 through June 30, 2015. 1. There shall be an automatic reopener on the written request by the City if a fiscal emergency exists as defined below: A fiscal emergency may only be claimed if the following circumstances exist: a. The unreserved ending fund balance in the City's General Fund has been budgeted for less than 4% of the actual expenditures from the General Fund for the previous fiscal year pursuant to NAC 354.650(1); or b. The actual ending fund balance of the City's General Fund falls below 4% of actual expenditures from the General Fund for the previous fiscal year audited amounts; or c. The combined ad valorem and consolidated tax revenue of the City's General Fund declines by 5% from the previous fiscal year audited amounts. 2. Upon notification, by the City to the Union, that a fiscal emergency exists, the parties shall meet within 10 working days to commence negotiations. The City shall include, with its notification, all relevant financial data and other information which supports the existence of the fiscal emergency. 3. The Union will be allowed, in a timely manner, to review any and all of the City’s financial documents to ensure that a fiscal emergency does exits. The unions’ review of data shall not cause a delay in the time frames of this article without mutual written agreement of the parties. 4. If the parties are unable to reach agreement within 10 working days from the first bargaining session, then either party may submit the dispute to expedited fact finding. Once the fact finder’s recommendation is rendered, the parties shall commence negotiations within 5 working days. If the parties do not reach agreement within 10 working days, then either party may submit the dispute to expedited arbitration. The decision of the binding arbitrator shall be binding on both parties. The selection of a fact finder or arbitrator shall be as set forth in NRS 288.200. 5. The City shall not use the fiscal emergency process as an alternative to the normal collective bargaining process. ARTICLE 35. SPECIAL DUTIES DIFFERENTIAL PAY The parties agree to return to the table to negotiate a Special Pay Incentive for Fire Prevention Arson Investigation Certification Pay based on the Fire Chief’s approval as a result of discussions between the Fire Chief; the Labor-Management Committee; and/or the Association to determine training and certification and job duties. Ratification: This Tentative Agreement is subject to ratification by the International Association of Firefighters Local No. 1265 (IAFF) and final approval by the Sparks City Council. The City’s and IAFF's negotiation teams and IAFF bargaining unit leadership will affirmatively recommend ratification and/or approval of this Tentative Agreement to their respective bodies. If not ratified by IAFF and/or approved by the City Council, the Tentative Agreement is void and may not be introduced or referred to in any fact-finding or arbitration. Current Language: Anything not amended, deleted, or added by this Tentative Agreement retains current language (per Fiscal Year 2012-2013) except for correction of typographical errors and deletion of obsolete language as approved by the parties. Cancellation of Arbitration: Upon signing this Tentative Agreement, the parties will contact the arbitrator to cancel the pending arbitration and equally split any cancellation fees subject to rescheduling if the Union fails to ratify or the city fails to approve this Agreement.

Alternatives: 1. The Council may choose to approve the proposed bargaining agreement as outlined by staff. 2. The Council may choose not to approve the proposed bargaining agreement as outlined by staff. 3. The Council may choose not to approve the proposed bargaining agreement as outlined by staff and direct staff toward another alternative.

Recommended Motion: I move to approve the bargaining agreement between the City of Sparks and the IAFF Local 1265 for the contract period of July 1, 2012 through June 30, 2015.

Attached Files:
     IAFF Reorganized Document 2013-2015 Final pending signatures.pdf
     NRS 288 Fiscal Impact - IAFF.pdf
     IAFF Reorganized Document 2013-2015 Final Strikeout Version.pdf
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