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2011-10-11_Supplemental Agenda Packet--Dossier de l'ordre du jour supplémentaire �'�/j �� '...� 4 �7 «�:. '.1�;'..Y � � � c;,�• � ���, u. City of Saint John Common Council Meeting Tuesday, October 11`",2011 Location: Common Council Chamber Supplemental to Agenda 3.4 Committee of the Whole Report: Hiring Freeze 7.1 I.O.D.E. Week October 16`" to 22"d,2011 City of Saint John Seance du conseil communal Le Mardi 11 Octobre,2011 Lieu : Salle du conseil communal Ordre du jour supplementaire 3.4 Comite plenier—Un gel de 1'embauche 7.1 Semaine du «I.O.D.E »-du 16 octobre au 22 octobre 2011 RLPOR �' T' O C0111n�Ii� ?�' C � U � CIL M&C 2011 � e. �e, October 11, 2011 �, His Worship Ivan Court and Members of Saint John Common Council The Clty of Saint John Your Worship and Members of Common Council: SUBJECT: HIRING FREEZE BACKGROUND Common Council requested a report and recommendatioi�s on implementing a hiring freeze. The resolution requested the information be provided by Octoberl l, 2011. RESO�,VED that tlae issue of a hiring fi�eeze fo�- municipal empCoyees until after the 2012 budget is�nalized, be r�eferred to the City Manager for a r�eport and recommendation by October llth, 2011. ANALYSIS The purpose of a hiring freeze is to provide the Ennployer with an opportunity to align the staffing requirements with the funds available in the budget. This is usually the first cost cutting rneasure implennented and sends a strong message to all stakeholders that the stafus quo is about to undergo a radical change. This change is driven by a financial situation that dictates a realignment of priorities. Prior to irnplementation it is essential to consider the following: 1. ContractualObligations 2. Anticipated Vacancies 3. Current Vacancies 4. Revised Establishment 5. Casual Employees 1. Contractual Obligations A collective agreement is a legal contract that binds the parties to obligations and imposes restrictions. Each employee group is governed by unique provisions detailed in their respective collective agreement. Therefore, it is best to consider each group separately. Outside Workers Article 6:04 of this collective agreeme�it obligates the Employer to inaintain a zniniinurn of 293 permanent positions. The current establishment approved by Council contains 293 outside worker positions and these must be filled. Given this, a hiring freeze would have no impact on the filling of these positions. However, the 293 will serve as an effective maximum. Article 6:04 Establishment Minimum 293 During the term of this Collective Agreement, the number of Local 18 positions shall not be reduced below a minimum of two hundred and ninety-three (293) permanent full-tixne positions. It is understood that where there is a lack of work in a Department, the Employer may transfer or abolish and create a position in the sarne Department or another Department as long as the number of positions is not reduced below 293. Any such transfers shall be offered by order of seniority and ability to employees in the affected Department. In this Article, "Department" shall be defined as Municipal Operations & Engineering, Building& Inspection Seivices, Corporate Services, and Leisure Services. Inside Workers The Loca] 486 Collective Agreeinent does not place restrictions on the Employ�er's right to reduce positions that are vacant. However, there is an obligation to post and fill vacant positions in the Establishment. Given this, it is critical that positions which are not to be filled are deleted from the current Establishment. Only Common Council c;an amend the Establishment. Article 11:01 Job Postings When a vacancy occurs, a new position is created or promotions are being considered either within the bargaining unit or outside, the Employer shall notify the Union in writing and post notice of the position in the Employer's offices, locker rooms, shops and on all bulletin boards. Such notice shall contain the following information: Nature of position, required knowledge, education, ability, skills and salary group. Firefi�hters The Local 771 Collective Agreexnent does not place z•estrictions on the Employer's right to reduce�ositions that are vacant. Howeve�-, there is an obligation to post and fill vacant positions in the Establishment. Given this, it is critical that positions which are not to be filled are deleted froin the current Establishnlent. Only Coinmon Council can amend the Establishment. Article 10:04 Vacancies in Permanent Establishment When a vacancy occurs within the permanent Establishment of the Saint John Fire Department, the Employer shall post the job opening accompanied by the job description for a period of ten (10) days. In filling these vacant positions, appointrnent shall be made of the Holiday Relief applicant having the required ability and qualifications who is senior in service. The new rate of pay for the successful applicant will ta.ke effect within fourteen(14) calen�ar days of the vacancy occurring. ��:�4-C��c�: The City and Local 771 are currently in contract negations. The parties are bound by legislative provisions and any staffing actions inust comply with these requirements. 2. Anticipated Vacancies An effective hiring freeze is a cautionary measure that ensures only CRITICAL positions are filled sk�ould they become vacant. Today we have about seventy five eznployees who are eligible to retire without a penalty. Given this, anticipated vacancies could be idelirified and only those CRITICAL to service delivery would be filled if they become vacant. The best scenario would be to fill the position with a current employee and delete the resultant vacancy. This could be achieved with an internal job posting or an ernployee transfer. In the end, resources are aligned with the critical services. Should the position not be filled with an internal candidate, the decision to recruit externally would then be considered by the City Manager. 3. Current Vacancies Current vacancies arise from staff turnover and normal reassignments etc. There are currently 17 such vacant positions. 4. Revised Establishment In order to eliminate the requirement to fill non-critical positions, these positions must be deleted from the current Establishment. Should it be determined that any of these positions are to be staffed, the establishment could be altered to include any position as an addition. 5. Casual Employees The City has a nuinber of casual employees most of whom are covering maternity leaves, extended sick leaves and providing services in community centers. It is anticipated that the union locals will object to using casual employees to perform the work of deleted positions. PROCESS Prior to deleting positions and implementing hiring restrictzons, it would be best to consult with the locals to discuss the rationale and the implementation of the plan. The City Manager would seek Council approval to fill positions deerned critical to service delivery, other than vacancies which must be filled due to contractual or legislative provisions. Common Council will be required to amend the Establishrr►ent from time to tirne as required. FINANCIAL IMPLICATIONS �xpenditure constraints are driving this initiative and if positions are deleted from the �stablishment the associated funds should be removed from the Departrnental budgets and placed '�P ,�n a separate account. This would ensure that the anticipated savings are obtained. a� : � � �MPACT ON STAKEHOLDERS � � The impact on stakeholders will be real; citizens will see reduced services, employees will see increased work demands, unions and management will be required to deal with employee concerns, management will be challenged to balance expectations of employees and citizens, and Common Council will be pressured by all goups with cornpeting interests. This decision is made out of necessity and a full recognition that the City must live within its ineans. Decisions about transfer payments, tax base levels and pension reform will determine the full extent and duration of any staffing reductions. A revised Establishment will be determined with the 201 Z budget. RECOMMENDATION It is recommended that Common Council support the initiatives and action plans detailed in this report. Respectively submitted, , � 1.�. John McTntyr HRP Manager, Hu an Resources L � CF�'I� V `+ J P trick Woods, CGA Manager �-, I ��� � The city of Saint John Mayor Ivan Court Mayor's Office Bureau du maire PROCLAMATION WHEREAS: IODE is Canada's premiere women's charitable organization dedicated to enhancing the quality of life for individuals through education support, community service and citizenship programs; and WHEREAS: 4,000 members of IODE Canada are dedicated to a better Canada volunteering their time and talents to help others, contributing almost $2,636,811. dollars and 975,114 volunteer hours per year: and WHEREAS: IODE Canada members support our children, feed our hungry, comfort our lonely, beautify our green spaces and fundraise for charitable causes; and WHEREAS: IODE Canada volunteers are women of all ages and backgrounds; and WHEREAS: the collective result of the work done by IODE volunteers is that Saint John is a most desirable place to live; and WHEREAS: organizations in Saint John that rely on IODE volunteers include such fundamental organizations as Born to Read, Hestia House, Romero House, Food Banks, Daycare Centers, Schools and the Horizon Health Network or any other volunteer-involving organizations that are most relevant to your community; and NOW, THEFORE: I, Mayor Ivan Court, �--J- ��� of Saint John, do hereby proclaim Octoberl6th to the 22nd, 2011 as IODE Awareness Week, and urge my fellow citizens to recognize the crucial role played by IODE members across Canada and in our community. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John �. ,� lr - _ SAINT JOHN P.O.Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, , --1� � i —