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Home My WebLink About10/7/2015 - STAFF REPORTS - 5.C.City Council Staff Report DATE: October 7, 2015 NEW BUSINESS SUBJECT: APPROVE SIDE LETTERS OF AGREEMENT WITH THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION AND THE FIRE SAFETY ASSOCIATION MODIFYING THE FIRE SUPPRESSION SHIFT SCHEDULE ON A TRIAL BASIS FROM: David H. Ready, City Manager BY: Palm Springs Fire Department uF EXANTA _TEM This action would approve Side Letters of Agreement with the Palm Springs Fire Management Association (PSFMA) and the Palm Springs Fire Safety Association (PSFSA) modifying the current fire suppression work schedule from a "Kelly' schedule to a "48/96" schedule for a 384 day trial period. The change to a 48/96 schedule for all 56 hour fire suppression personnel would commence on October 11, 2015 and last until October 29, 2016 and be in compliance with the Fair Labor Standards Act (FLSA). The 48/96 schedule and the Kelly schedule have the same number of work hours in a year. The only difference is the schedule. It is anticipated that the 48/96 shift schedule will not have any additional fiscal impact other than implementation cost. During the trial period, the Fire Chief will closely monitor and evaluate the revised schedule and any impacts, both positive and negative, in order to make a recommendation to the City Council as to its viability going forward. RECOMMENDATION: 1) Approve Side Letters of Agreement with the Palm Springs Fire Management Association and the Fire Safety Association modifying the fire suppression shift schedule to a "48/96" schedule for a 384 day trial period to be in compliance with Fair Labor Standards Act. 2) Authorize the City Manager to execute all necessary documents. Item No. � City Council Staff Report October 07, 2015 -- Page 2 Fire Suppression 48196 Shift Schedule Trial Period STAFF ANALYSIS: At the request of both the PSFMA and the PSFSA the City met and conferred over modifying the fire suppression shift schedule. During the meet and confer process it was agreed to modify the fire suppression shift schedule from the current "Kelly" schedule to a "48/96" schedule for a one year trial period. The trial period would commence on October 11, 2015 and end on October 29, 2016 in compliance with the Fair Labor Standards Act. The 48/96 schedule and the Kelly schedule have the same number of work hours in a year. The only difference is the schedule. A comparison of the two schedules is as follows: 48196 Schedule XX0000 Repeat Kelly Schedule XOXOX000 Repeat X = 24 Hours on Duty O = 24 Hours off Duty Because the 48196 schedule is new to the Fire Department the impacts need to be evaluated for a period of time by the Department and the City. The trial period will allow everyone to analyze the impacts and make recommendations whether to keep the schedule or revert back to the Kelly schedule. The Department will monitor and report any changes in productivity, fatigue, injuries, or sick leave usage. Fire departments across California, that have adopted the 48/96 schedule, have reported positive results such as reduced commute time, increased family time, and increased moral. A few of the California fire departments that have adopted the 48/96 schedule include: Sacramento City Sacramento Metro Fire Orange County Fire Authority Rocklin Idyllwild Stockton Fort Irwin Selma Upland La Verne Chino Valley Fire Protection District Santa Barbara City San Bernardino San Mateo San Mateo County Fresno El Segundo FD Livermore -Pleasanton Colton Loma Linda Borrego Springs Hemet Mountain View FD Salinas Berkeley Sierra Madre South Pasadena Pechanga Contra Costa San Gabriel Woodside Lakespur Salinas Fallbrook South Placer Montclair Visalia Rio Vista Big Bear Lake Santa Fe Springs Newport Beach San Jose Cathedral City Menlo Park Montecito North Tahoe San Ramon South San Francisco Tahoe Douglas 02 City Council Staff Report October 07, 2015 -- Page 3 Fire Suppression 48/96 Shift Schedule Trial Period Truckee Murrieta Vacaville Union City Hermosa Beach Modesto Atascadero Torrance Shasta Lake Taft FD Tulare Folsom Elk Grove Kern County Benicia Half Moon Bay Barstow Glendale North County Fire Selma Auburn City Authority Fremont Millbrae Redondo Beach Foster City Downey Northstar Gardena Vallejo Marin County Manhattan Beach Richmond In coordination with the 48/96 schedule trial period, it has been agreed to implement a 75 mile residency requirement (from the City limits) for all new employees hired, and the residency requirement will stay in place regardless if the 48/96 schedule continues. This mile limit will ensures that fire suppression employees live within a reasonable distance from the City for emergency callback. A vote was taken by the fire association members to adopt the 48/96 schedule trial period and was supported by 80% of the members being affected and staff recommends adoption of the 48/96 trail period. FISCAL IMPACT: There is minimal cost for administrative and payroll changes to accommodate the 48/96 schedule which is currently covered in the current FY 15/16 budget. Other potential costs, such as overtime and use of leave, will be evaluated during the trial period evaluation. J. vin Nalder David H. Ready, Es�Py Fire hief City Manager Attachments: 1. PSFMA Side Letter Agreement 2. PSFSA Side Letter Agreement 03 SIDE LETTER OF AGREEMENT BETWEEN CITY OF PALM SPRINGS AND PALM SPRINGS FIRE MANAGEMENT ASSOCIATION This Side Letter of Agreement (Agreement) between the City of Palm Springs (City) and the Palm Springs Fire Management Association (Association) (collectively "Parties") is entered into with respect to the following: WHEREAS, the parties' Memorandum of Understanding (MOU) contains a provision which allows the Association to request to reopen negotiations on the subject of work schedules; and WHEREAS, the Association exercised that right in March 2015, and presented the City with a proposal expressing an interest in working a 48/96 schedule on a trial basis; and WHEREAS, the parties met and conferred, and reached an agreement on a 48196 work schedule; and WHEREAS, the Parties agree that their MOU shall be amended as follows: 7. OVERTIME Fire Management employees, including the Fire Suppression Captains, Fire Prevention Captains, Battalion Chiefs and the Deputy Chief shall be compensated for overtime worked at a rate of fifty percent above the employee's regular hourly rate of pay for work performed in excess of two hundred and four (204) hours per twenty seven (27) day work period (in accordance with Section 7(k) of the Fair Labor Standards Act) or in excess of forty (40) hours a week for those assigned positions. In addition to the foregoing, when an employee is required to work outside the City per the City's agreement to provide mutual aid in the City's California Fire Assistance Agreement with the Governor's Office of Emergency Services, the employee will paid at the rate of time and one half for the total hours assigned on such mutual aid. Effective October 11, 2015, the FLSA work period will change to the 24-day work period during the trial period of the 48/96 work period which is addressed below. Per the 24-day work period, overtime shall be compensated at time and one half for the work performed in excess of one hundred and eighty two (182) hours in the work period. 20. WORK SCHEDULES 20.1 Fire Management Unit positions assigned to the classification of Fire Prevention Captain and Deputy Chief shall be allowed to work either a 4110 schedule or a 9/80 schedule, with the understanding that such schedule is at the discretion of the Fire Chief. The City reserves the right to schedule hours of work. City and Association agree to meet and confer on the impacts of any significant work schedule changes made to the work schedules of members of Fire Management Unit, other than the 4/10 or 9/80 schedule described above. 1E 20.2 Effective October 11, 2015 at 8:00 a.m., the parties will commence a 384 day trial period for fire suppression personnel to work a "48/96" work schedule. The "48/96" work schedule shall consist of two 24-hour shifts (for a total of 48 consecutive hours) of scheduled work followed by four consecutive days (for a total of 96 consecutive hours) off -duty. The parties agree that a 24- day work period in accordance with Section 7(k) of the Fair Labor Standards Act will apply during this 384 day trial period. The 384 day trial period will sunset at 7:59 a.m. on October 29, 2016, unless, prior to that date and time, the parties affirmatively agree in writing to continue the '48/96" work schedule. If the parties do not agree to continue the "48/96" work schedule prior to the end of the 384 day trial period, the "48/96" work schedule will revert to the "Kelly schedule' in effect prior to the trial period. The return to the "Kelly schedule' will also result in a return to the 27 day work period authorized by section 7(k) of the Fair Labor Standards Act. 39 RESIDENCY REQUIREMENT Unit members hired on or after 8:00 a.m. on October 11, 2015 must live within 75 miles of the City limits. FOR THE CITY OF PALM SPRINGS Perry Madison, Director of Human Resources Date Peter Brown, Labor Attorney Date David Ready, City Manager Date FOR THE PALM SPRINGS FIRE MANAGEMENT ASSOCIATION Jason Loya, Association President Date Mike Powell, Association Labor Representative Date 05 SIDE LETTER OF AGREEMENT BETWEEN CITY OF PALM SPRINGS AND PALM SPRINGS FIRE SAFETY ASSOCIATION This Side Letter of Agreement (Agreement) between the City of Palm Springs (City) and the Palm Springs Fire Safety Association (PSFSA) (collectively "Parties") is entered into with respect to the following WHEREAS, the Parties' current Memorandum of Understanding (MOU) contains a provision which allows the PSFSA to request to reopen negotiations on the subject of work schedules; and WHEREAS, the PSFSA exercised that right in March 2015, and presented the City with a proposal expressing an interest in working a 48/96 schedule on a trial basis, and WHEREAS, the Parties met and conferred, and reached an agreement on a 48/96 work schedule; and WHEREAS, the Parties agree that their MOU shall be amended as follows: 7. OVERTIME 7.1 Personnel Rule 5.10.4, Fire Safety Unit Overtime Rate, shall continue to read: "Fire Safety Unit shift members shall be compensated for overtime worked at a rate of fifty percent (50%) above the members regular hourly rate of pay for the work performed in excess of two hundred four (204) hours per twenty-seven (27) day work period." This work period is in accordance with Section 7(k) of the Fair Labor Standards Act (FLSA). Effective October 11, 2015, the FLSA work period will change to the 24-day work period during the trial period of the 48/96 work period which is addressed below. Per the 24-day work period, overtime shall be compensated at time and one half for the work performed in excess of one hundred and eighty two (182) hours in the work period. 7.2 "48/96"WORKSCHEDULE Effective October 11, 2015 at 8:00 a.m., the parties will commence a 384 day trial period for fire suppression personnel to work a "48/96" work schedule. The "48/96" work schedule shall consist of two 24-hour shifts (for a total of 48 consecutive hours) of scheduled work followed by four consecutive days (for a total of 96 consecutive hours) off -duty. The parties agree that a 24- day work period in accordance with Section 7(k) of the Fair Labor Standards Act will apply during this 384 day trial period. The 384 day trial period will sunset at 7:59 a.m. on October 29, 2016, unless, prior to that date and time, the parties affirmatively agree in writing to continue the "48/96" work schedule. If the parties do not agree to continue the "48/96" work schedule prior to the end of the 384 day trial period, the `48196" work schedule will revert to the "Kelly schedule" in effect prior to the trial period. The return to the "Kelly schedule" will also result in a return to the 27 day work period authorized by section 7(k) of the Fair Labor Standards Act. Current Articles 7.2 — 7.6 will be renumbered to 7.3 — 7.7 to accommodate the new 7.2 above 06 41 RESIDENCY REQUIREMENT Unit members hired on or after 8:00 a.m. on October 11, 2015 must live within 75 miles of the City limits. FOR THE CITY OF PALM SPRINGS Perry Madison, Director of Human Resources Date Peter Brown, Labor Attorney Date David Ready, City Manager Date FOR THE PALM SPRINGS FIRE SAFETY ASSOCIATION Mark Diaz, Association President Date Mike Powell, Labor Representative Date 07