CFPD Approves First MOU for Fledgling Union

On Thursday night at the CFPD Board of Directors meeting the first Memorandum of Understanding between the Copperopolis Fire Protection District and the newly formed Copperopolis Professional Firefighters Association was voted on and unanimously accepted. The term of the MOU is from January 1, 2011 to June 30, 2012.

The MOU, crafted by Copperopolis Professional Fire Association President Joe Butler , Vice President Jason Robataille, who recently resigned from his position as Captain Paramedic at CFPD, and the Union Representative Richard Reed, contains 23 pages of  information from employee rights to retirement.

Most notably was the presence of bonuses to certain employees. The recently adopted MOU allows for each Paramedic to receive a Paramedic Bonus of $300 per month until July 2011 when each Paramedic will begin to receive a bonus of $500.00 per month. The MOU also allows for the natural progression of ‘Step Promotions’ (which allows for merit salary adjustments equal to the position held) for the remaining firefighters, but that provision is a mute point due to the fact that the District recently imposed a freeze on step promotions. During contract negotiations the CPF Association conceded to step freezes for the life of the MOU. Upon learning of the concession the Board of Directors exercised the option to revisit that subject in April 2011.

The MOU also requested that the Department “shall select a twenty four day work period for all shift employees.” Though the MOU was drafted and approved by the Fire Association, this work period left many firefighters angry with the way the payroll payment schedule occurs. According to Larry Crabtree, a senior consultant specializing in Fire Department Safety & Labor Management, the Fair Labor Standards Act “requires overtime to be calculated at the end of the twenty four day work period” causing one check to be straight time and the next check to carry all the overtime for the entire twenty four day period (overtime is inherent based on a three day on and three day off work schedule).

When asked, multiple firefighters said they had not seen the MOU, nor had they received a copy of it prior to it being presented to the Board for adoption. Firefighters stated that in a meeting, then Captain Paramedic Robataille, presented them with an overview of the contents of the MOU and voted to approve it based on his presentation.  This may bring into question the validity of the document.

Following the adoption of the MOU, part-time paramedic Kelly Zook requested that a letter he had submitted to only two of the five Board members (Chairman Maness and Vice Chairman Marks) be placed on the agenda for action at the following meeting.  The letter states that “in light of Captain Robataille’s resignation” he can and will offer his skills and services to the District if by February 2, 2011, he receives employment as a full time employee, approval for  6 vacation periods, a substantial raise, and a waiver of the customary probation period.  He also listed his many attributes and qualifications to complete the vacancy created by Robataille. When asked by Chairman Maness what would happen on February 2, 2011…”Are you giving us (the Board) an ultimatum?” Zook stated that he had conferred with his family and, if need be, would take some kind of action.  Zook said he would either walk away from his per diem duties or his position completely.  Maness acknowledged Zook’s statement and moved on.

After the meeting Director Maness was asked how he felt the Board would deal with Paramedic Kelly Zook's letter, he stated, "The Board does not entertain ultimatums."

The Next CFPD Board meeting is scheduled for February 10, 2011 6:30.

By, Charity Maness