RES-10007 Memorandum of Understanding Orange City Fire FightersI
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RESOLUTION NO. 10007
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF ORANGE APPROVING THE
MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF ORANGE AND THE ORANGE CITY
FIRE FIGHTERS, INC. LOCAL 2384 OF THE
INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS, AFL-CIO CONCERNING WAGES, HOURS,
AND OTHER CONDITIONS OF EMPLOYMENT FOR
THE PERIOD OF JULY 1, 2005 THROUGH AND
INCLUDING FEBRUARY 29, 2008 AND REPEALING
RESOLUTION NO. 9387 AND AMENDMENTS
THERETO FOR SAID EMPLOYEES
WHEREAS, the City of Orange (hereafter CITY) and the Orange City Fire Fighters, Inc.
Local 2384 (hereafter UNION) have met and conferred in accordance with the requirements of the
Meyers-Milias-Brown Act; and
WHEREAS, the CITY and the UNION have reached agreement on wages, hours and other
conditions of employment for the period of July I, 2005 through and including February 29,2008
and have repealed Resolution 9387 thereto for said employees as more particularly set forth in the
Memorandum of Understanding attached hereto; and
WHEREAS, on August 9, 2005 the City Council of the City of Orange adopted
Resolution No. 9997 a Resolution of the City Council of the City of Orange Establishing a Letter
of Understanding Between the City of Orange and the Orange City Fire Fighters, Local 2384,
International Association of Fire Fighters, AFL-CIO effective July 1, 2005 through February 29,
2008; and
WHEREAS, the City and the Union agreed to incorporate the provisions contained in the
Letter of Understanding noted above into a new Memorandum of Understanding once both parties
had an opportunity to review and concur on any and all language changes included in the new
Memorandum of Understanding
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that
the attached Memorandum of Understanding (MOU) is approved and incorporated by reference as
Exhibit A, as fully set forth herein.
ADOPTED this 8th day of November, 2005.
ATTEST:
fAlL
Mary E. ~, City 6:;, Uw'orange
I, MARY E. MURPHY, City Clerk of the City of Orange, California, do hereby certify that
the foregoing Resolution was duly and regularly adopted by the City Council of the City of
Orange at a regular meeting thereof held on the 8th day of November, 2005 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: Smith, Ambriz, Murphy, Cavecche, Dumitru
COUNCILMEMBERS: None
COUNCILMEMBERS: None
COUNCILMEMBERS: None
Mary E.
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Exhibit" A"
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY of ORANGE AND THE
ORANGE CITY FIRE FIGHTERS, LOCAL 2384
INTERNATIONAL ASSOCIATION OF FIRE
FIGHTERS,
AFL-CIO
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JULY 1, 2005 THROUGH FEBRUARY 29, 2008
Article No.Title of Article Pal!e No.
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XVII Discipline & Discharge; Rules & Regulations 25
XVIII Probationary Period (New Employees) 26
XIX Payroll Deductions 26
XX Union Representation 27
XXI Grievance - Arbitration Procedure 27
XXII Scope & Application 30
XXIII Term of Memorandum of Understanding 31
XXN Ratification and Execution 31
Appendix A Vacation Benefits - Schedule I 33
Appendix A Vacation Benefits - Schedule 2 34
Appendix A Vacation Benefits - Schedule 3 35
Appendix A Vacation Benefits - Schedule 4 36
Exhibit B Salary Ranges 37
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Article I
RECOGNITION OF UNION
SECTION 1.1. Pursuant to an Exclusive Recognition Election conducted and certified by the
California State Conciliation Service on May 15, 1977 and the Employer-Employee
Relations Policy of the City of Orange, the City of Orange (hereinafter called the "City"),
recognizes the Orange City Fire Fighters, Inc. Local 2384 of the International Association of
Fire Fighters, AFL-CIO (hereinafter called the "Union") as the exclusive representative of
employees in the following unit:
1) Included: All employees of the Fire Department.
2) Excluded: Fire Chief, Administrative Secretary, Clerical
Employees, Emergency Medical Services Manager, and Fire
Battalion Chief.
SECTION 1.2. Any modification or interpretation of the rights of the parties concerning
recognition set forth above shall only be established in accordance with State law.
Article II
NON-DISCRIMINATION
SECTION 2.1. The parties mutually recognize and agree to protect the rights of all
employees herein to join and/or participate in protected Union activities or to refrain from
joining or participating in protected activities in accordance with State law.
SECTION 2.2. The City and the Union agree that they shall not discriminate against any
employee because of race, color, sex, age, national origin, political or religious opinions or
affiliations, or physical condition as defined by State and Federal law. The City and the
Union shall reopen any provision of this Agreement for the purpose of complying with any
final order of a Federal or State agency or court of competent jurisdiction requiring a
modification or change in any provision or provisions of this Agreement in compliance with
State or Federal anti-discrimination laws.
Article III
SALARIES
SECTION 3.1. BASIC COMPENSATION PLAN. A schedule of job classifications
together with salary rate ranges is set forth in Exhibit "B" and attached hereto. Said salary
rates shall be effective as indicated. All employees within the bargaining unit shall be
classified in a classification in accordance with the terms of Exhibit "B."
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SECTION 3.2. BEGINNING RATES. A new employee of the City of Orange shall
be paid the rate shown in Step "A" in the range allocated to the class of employment for
which he/she has been hired, except that on the request of the Fire Chief under whom the
employee will serve, and with authorization of the Personnel Director, such employee may
be placed in Step "B," "C," "D," or "E," depending upon the employee's qualifications.
Personnel in classifications that have an assigned rate will be placed at the assigned rate.
SECTION 3.3. SERVICE. The word service, as used in this Agreement, shall be defined to
mean continuous, full-time service in his/her present classification, service in a higher
classification, or service in a classification allocated to the same salary range and having
generally similar duties and requirements.
A. A lapse of service by any employee for a period of time longer than thirty (30)
calendar days by reason of resignation or discharge, shall serve to eliminate the
accumulated length of service time of such employees for the purpose of this
Agreement. Such employees re-entering the service of the City, shall be
considered as a new employee, except that he/she may be re-employed within one
1) calendar year and placed in the same salary step in the appropriate
compensation range as he/she was at the time of the termination of employment.
SECTION 3.4. ADVANCEMENT WITHIN SCHEDULE. The following regulations shall
govern salary advancements within ranges:
A. Merit Advancement. Effective January 1, 2001, employees shall be considered
for advancement from Step "A" to Step "B," or from Step "B" to Step "C", or
from Step "C" to Step "D", or from Step "D" to Step "E", upon completion of
the minimum length of service as specified in Section 3) below. A merit
increase shall become effective the first pay period following the completion of
the length of service required for such advancement. Advancement through the
salary steps shall be granted when an employee demonstrates ability and
proficiency in the performance of his or her duties. Such merit advancement
shall require the following:
1) The Fire Chief shall file with the Personnel Director a Personnel Action
Form and a completed Performance Evaluation Form recommending the
granting or denial of the merit increase and supporting such
recommendation with specific reasons therefore. Any disapproval of the
request shall be returned to the Fire Chief with a statement of the reasons
for disapproval of the request.
2) The recommendation of the Fire Chief and the approval of the Personnel
Director shall be forwarded to the Payroll Division of the Finance
Department for change of payroll status.
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3) Advancement through the pay range Steps "A" to "B" and "D" to
E" shall occur in yearly increments. Advancement through pay range
Steps "B" to "C" and "C" to "D" shall occur in six (6) month increments.
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B. Special Merit Advancement. When an employee demonstrates exceptional
ability and proficiency in the performance of his/her duties, the Fire Chief may
recommend to the Personnel Director that said employee be advanced to a
higher pay step without regard to the minimum length of service provisions
contained in this Agreement. The Personnel Director may, on the basis of a Fire
Chief's recommendation, approve and effect such advancement.
C. Length of Service Required When Advancement is Denied. When an employee
has not been approved for advancement to the higher salary step, he/she may be
reconsidered for such advancement at any subsequent time. This
reconsideration shall follow the same steps and shall be subject to the same
action as provided in the above paragraph of this section.
SECTION 3.5. WORKING OUT OF CLASS.
A. Employees in the Fire Department temporarily upgraded to the classification of
Battalion Chief, Fire Captain, or Fire Engineer shall receive a five percent (5%)
pay differential for all hours worked in the higher job classification, if they are
assigned to work in the higher job classification for a period of one-half (12) of
one (I) complete work shift or longer.
B. In no event shall the employee be paid at a step of the class in which the
employee receives less than a five percent (5%) increase in pay.
SECTION 3.6. PROMOTION.
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A. Salarv. When an employee is promoted to a position in a higher classification,
he/she may be assigned to Step "A" in the appropriate range for the higher
classification; provided, however, that if such employee is already being paid at a
rate equal to or higher than Step "A", he/she may be placed in that appropriate
salary range as will grant him/her an increase of at least one (1) salary step. At
the discretion of the Fire Chief and the Personnel Director except for those
positions that are paid at a flat rate, an employee may be granted a two or three
salary step increase upon promotion.
B. ProbationarY Period. An employee who is promoted to a class shall serve a
probationary period during which he/she shall have an opportunity to
demonstrate suitability for the job. For safety members, the probationary period
shall be twenty-six (26) pay periods from the promotion or date of hire for lateral
appointments. For good cause, with the approval of the Personnel Director and
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concurrence of the Union and the employee, the Fire Chief may extend
such probationary period up to an additional six months. The employee shall attain
permanent status in the class upon successful completion of the probationary
period. An employee who does not satisfy the standards of the class during the
probationary period, shall be notified, in writing. Such notice shall include the
reasons for such action. If permanent status to the class is not achieved, such
employee shall be demoted to the appropriate step in his former classification.
C. Rate of Pav. If an employee's rate of pay is greater than the rate of pay in the
classification to which he/she is being promoted, said employee shall remain at
their higher rate of pay until their new classification either matches or passes that
employee's rate of pay. For example, if a Fire FighterlParamedic is promoted to
Fire Engineer, he/she shall continue to be paid at the Fire FighterlParamedic rate,
until such time that the top step of pay for Fire Engineer exceeds the top step rate
of a Fire FighterlParamedic.
D. Probationary Period for Temporary Emplovees. Employees who are temporarily
promoted for a period of twenty-six (26) straight pay periods shall be deemed to
be permanently promoted and to have fulfilled their probation for that promotion.
SECTION 3.7. DEMOTION. If, pursuant to the provisions of this Memorandum of
Understanding, an employee is demoted to a position in a lower classification, the new
salary rate shall be fixed in the appropriate salary range for the lower classification, in
accordance with the following provisions:
A. Salary rates shall be reduced by at least one (I) step, and
B. The new salary rate must be within the salary range for the classification to which
demoted.
SECTION 3.8. PARAMEDICS.
A. Fire Captains, Fire Engineers or Firefighters assigned as Paramedics shall receive
in addition to their base salary, an additional fourteen (14%) per month to be
computed based on the "E" step of the Firefighter classification. Moreover, any
Fire Captains, Fire Engineers or Firefighters assigned as Paramedics shall
receive, in addition to their base salary, an additional $50 per month upon the
first re-certification; an additional $50 per month upon each subsequent re-
certification up to a maximum of four re-certifications.
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B. The City agrees to provide a compensation plan for employees Paramedic
training which will provide the student Paramedic a five percent (5%) bonus, in
addition to their base salary, upon successful completion of the College final
examination prior to the start of the field internship.
SECTION 3.9. ASSIGNMENT PAY.
A. Fire Administrative Captain, Fire Prevention Captain and Fire Training Captain
shall receive ten percent (10%) above the Fire Captain's pay.
B. The Fire Safety Specialist assigned to perform the Plans Examiner function or the
Hazardous Materials Specialist function will receive ten percent (10%) above
their base pay.
SECTION 3.10. BILINGUAL BONUS. Effective September 1, 1990, the Fire Chief may
place employees covered under this agreement in a Bilingual Assignment. Employees on
Bilingual Assignment shall receive an additional seventy dollars ($70.00) per month, per
employee, in addition to their regular salary for the duration of the assignment. The number
of Bilingual Assignments shall be limited to those determined to be necessary by the Fire
Chief.
Employees shall be required to demonstrate bilingual competency to be eligible for Bilingual
Assignments, and must demonstrate continued proficiency annually, thereafter. The
Personnel Department shall be responsible for developing and conducting bilingual skill
competency tests. Bilingual Assignments shall be limited to those languages for which there
is a demonstrated need for Fire Department personnel as determined by the City.
SECTION 3.11. EMT RESCUE TRANSPORT BONUS. Effective July 1, 2005, fire
fighters assigned to rescue/transport shall receive $150.00 per month during the period of
such assignment. Effective July 1, 2006, this bonus shall increase to $200.00 per month.
Fire fighters may be assigned at the discretion of the Fire Chief or his designee. EMT-P's
are not eligible for this bonus.
SECTION 3.12. CRIME SCENE INVESTIGATOR BONUS. Effective March 1, 1998,
Fire/Arson Investigators assigned to perform duties as Crime Scene Investigators shall
receive $100.00 per month in addition to their base salary during the period of such
assignment. Fire/Arson Investigators may be assigned at the discretion of the Fire Chief or
his designee.
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Article IV
WORK WEEK - WORK SCHEDULE
SECTION 4.1. SUPPRESSION PERSONNEL. Fire suppression personnel will work an
average work week of 55.9 hours.
SECTION 4.2. ALL OTHER PERSONNEL. The regular work week for all other personnel
shall continue to consist of 40 hours, five (5) consecutive eight (8) hour days, or four (4) ten
10) hour days, or a 9/80 work schedule.
SECTION 4.3. For fire suppression personnel, the current three (3) platoon work schedule
consisting oftwenty-four (24) hour shifts commencing at 0700 shall continue in effect.
SECTION 4.4. The work cycle for sworn Fire Department suppression personnel will be
nine (9) days within a 27-day work period.
Article V
OVERTIME CALL BACK PAY; SHIFT EXCHANGE
SECTION 5.1. COMPENSATORY OVERTIME. Compensatory time shall be paid as
follows:
A. For fire suppression employees having an average work week of 55.9 hours,
compensatory time shall accumulate at the premium rate of one and one-half
I \1,) hours of compensatory time for each one (I) hour of overtime actually
worked in excess of the employee's regularly scheduled working hours for a work
period.
B. For employees having an average work week of forty (40) hours, compensatory
time shall be accumulated at the premium rate of one and one-half (1 \1,) hours of
compensatory time for each one (I) hour of overtime actually worked during the
employee's regular work week.
C. Only time actually worked shall count in the computation of overtime at the
premium rate (time and one-half), except for call back in accordance with this
Article.
D. Compensatory time for overtime will be accumulated in one-quarter (y.) hour per
day increments. Where an employee works less than one-quarter (Y.) hour per
day of overtime, the employee shall not receive compensatory time for overtime
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of less than one-quarter (V.) hour per day work. In order to be entitled to
compensatory time, such compensatory time must be authorized by the Fire Chief
and approved by the Personnel Director. Accumulated compensatory time not
taken off in the calendar year in which it was earned may be carried over to the
next year in accordance with Section 5.3C.
E. Effective September 30, 1993, Suppression Personnel shall have the opportunity
to accrue "Comp Time" for time worked in the following manner: If the
employee works a 24-hour overtime shift, he/she may elect to receive up to a
maximum of24 hours ofcomp time and 12 hours cash for FLSA premium pay.
SECTION 5.2. PAYMENT UPON TERMINATION. Employees shall be entitled to receive
payment for all accumulated compensatory time upon their termination.
SECTION 5.3. USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED.
A. Accumulated compensatory time off may be taken by an employee upon
reasonable notice and prior approval ofthe Fire Chief.
B. In approving compensatory time off, Management will, as far as practicable,
attempt to accommodate employee convenience to the degree possible in light of
the operational requirements of the Fire Department.
C. Effective January 1, 2001:
1. For all employees hired after January 1, 2001, an employee's accrual of non-
FLSA Compensatory Time Off shall be capped at 180 hours per calendar
year. Any compensatory time accrued over 180 hours will be automatically
paid in the following pay period.
2. For employees hired prior to January 1, 2001, an employee's accrual of non-
FLSA, non-holiday Compensatory Time Off shall be capped at 220 hours per
calendar year. Any compensatory time accrued over 220 hours will be
automatically paid in the following pay period.
SECTION 5.4. In any instance involving use of a fraction of a day's compensatory time, the
minimum charge to the employee's compensatory time account shall be one-quarter (V.)
hour.
SECTION 5.5. OVERTIME (PAID OVERTIME). Compensatory time shall be paid at the
regular rate of payor equal time off, when authorized by the Fire Chief and approved by the
Personnel Director. Overtime shall be paid in accordance with the existing requirements of
the Fair Labor Standards Act ("FLSA"). All "premium" overtime hours worked by covered
non-exempt) employees (either regular 40-hour work week or 24-hour day/56-hour
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suppression" work week) shall be compensated at one and one-half (1 Y2) the employee's
regular rate of pay. Half-time overtime (premium pay) shall be calculated on a 27-day FLSA
cycle and will be received during the pay period following the end of the 27-day cycle in
which it is worked. Regular scheduled hours worked, minus leave time taken, plus overtime
worked, determines actual hours worked. Employees are entitled to premium pay (halftime)
on actual hours worked in excess of204 hours during the 27-day FLSA cycle.
SECTION 5.6. Nothing herein is intended to limit or restrict the authority of the City to
require any employee to perform overtime work pursuant to the current "draft box" rotational
procedure. Such procedure may be changed pursuant to agreement between the Union and
the City. Except in emergency situations, all overtime coverage (sick leave, vacation, etc.)
will be on a rank-for-rank basis for the ranks of Firefighter, Engineer and Captain.
SECTION 5.7. From time to time, the Fire Department Administration may wish to send
on-duty personnel to Officer's Workshops or special classes. On these occasions, the Fire
Department and the Union agree to permit acting positions on a voluntary basis, not to
exceed one (1) shift in duration for anyone platoon for anyone class or workshop except by
mutual consent.
A. In those instances involving vacancies in the positions of Engineer or Captain,
and there are no volunteers appearing on the over-time signup sheets, "acting
positions" may be utilized to fill the vacated position(s).
B. "Acting positions" are to be chosen on a voluntary basis from active eligibility
lists.
C. Utilization of "acting" personnel will occur in lieu of "mandatory overtime call
back" to fill vacant positions.
SECTION 5.8. CALL BACK PAY. When a fire suppression employee is required to report
back to work after completing a normal work shift, and having left City premises and/or
work locations, the fire suppression employee shall receive a minimum of 2.8 hours of
compensatory time as call back pay. Forty (40) hour personnel will receive two (2) hours
minimum as compensatory time for call back pay. Call back compensatory time shall be
paid at the premium rate of time and one-half or equal time off, when authorized by the Fire
Chief and by the Personnel Director.
A. During time of disaster, when so proclaimed by the Mayor of the City, overtime
for all fire personnel shall be computed as though the fire personnel worked a
forty (40) hour week.
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SECTION 5.9. SHIFT EXCHANGE.
A. Employees shall have the right to exchange shifts when the change does not
interfere with the operation of the Fire Department, with the permission of the
Shift Commander upon 24-hour notice, except in the case of emergency. No
obligation shall accrue to the City as a result of the operation of this provision.
B. It shall be the responsibility of the individual who has agreed to work to report
for duty or, if unable to report for duty, make arrangements for his replacement.
In the event he is unable to find a replacement, the City may hire an overtime
replacement and charge the vacation or compensatory time of the individual who
was unable to report for duty.
Article VI
HEALTH INSURANCE
SECTION 6.1. GROUP HEALTH INSURANCE. Effective July 1, 1994, the City shall
contract with the Public Employees' Retirement System (PERS) to make available those
health insurance benefits provided under the Public Employees' Medical and Hospital Care
Act (pEMHCA). The PERS Health Benefits Plan shall replace any other health benefits
program maintained by the City or Union for eligible employees, eligible retirees, and their
eligible surviving annuitants. Employees may participate in only one of the health plans
offered by PERS.
A. The City shall contribute toward the payment of premiums under the PERS
Health Benefits Plan to each eligible retiree annuitant of PERS to the extent
required by law a contribution of $48.40 per month. Effective January 1,2006
this contribution shall be increased to $64.60. Effective January 1, 2007, this
contribution shall be increased to $80.80. Effective January 1, 2008, this
contribution shall be increased to $97.00.
B. Flexible Benefits Plan. For all active full time eligible employees, the following
amounts per month to provide funds for optional dental plans, vision plans,
health plans, or miscellaneous pay as established by the Internal Revenue
Service, Section 125 Flexible Benefits Plan (this will not eliminate Section 6.2 as
written below):
Single Single 2-Party 2-Party Family Family
Date Covera e Waiver Covera e Waiver Covera e Waiver
7/1/2005 $345 $173 $670 $335 $875 $438
3/1/2006 $362 $181 $703 $352 $919 $460
3/1/2007 $380 $190 $738 $369 $965 $483
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C. An employee cannot be enrolled in the PERS Health Benefits Plan if a spouse is
enrolled with the City or enrolled in an agency with PERS Health, unless the
employee (or the spouse) is enrolled without being covered as a family member.
Additionally, an employee may choose to not be enrolled in the PERS Health
Benefits Plan.
D. If an employee chooses not to be enrolled in a health plan, the employee must
provide proof, as determined by the Personnel Director, that comparable medical
insurance is in full force and effect. Based upon the determination that insurance
is in full force and effect, eligible employees shall receive the amount stipulated
in Section 6.1 B above noted as "Single Waiver," "2-Party Waiver," or "Family
Waiver," based upon the level of health insurance coverage the employee would
be eligible to receive. If the eligible employee chooses to waive insurance
coverage in exchange for the amount stipulated under "2-Party Waiver," or
Family Waiver" above, the employee shall provide proof of dependent(s) to the
Personnel Services Department. The Personnel Director shall determine the type
and frequency of such proof of dependent coverage. In the event that the
employee loses eligibility (with documentation), the employee may enroll in the
PERS Health Benefits Plan pursuant to the PERS Health Benefits Plan rules and
regulations.
SECTION 6.2. UNION GROUP BENEFIT PLAN. Effective July I, 2005, the City shall
contribute to the Union $36.00 per month per regular full time employee toward any group
benefit plan(s) selected by the Union. Included in the union group benefit plan are the
following: Life and Long Term disability insurance. Such plan(s) shall be open to all
bargaining unit employees and the Union shall hold the City harmless, defend and indemnify
the City for any claims regarding the administration or payment of claims under any Union
sponsored plan.
Article VII
EDUCATIONAL ASSISTANCE, PROFESSIONAL DEVELOPMENT AND
INCENTIVE PROGRAMS
SECTION 7.1. TUITION AND TEXTBOOK REIMBURSEMENT. The City will
reimburse employees for the cost of tuition and textbooks required for approved community
college and college courses. An approved course is one designed to directly improve the
knowledge of the employee relative to his/her specific job and must be approved by the Fire
Chief and the Personnel Director prior to registration. Reimbursement will be based upon
the final grade received according to the following schedule:
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GRADE
A
B
C
D orF
REIMBURSEMENT
100%
75%
50%
0-
A. Effective July 1, 1998, educational reimbursement payments to an employee shall
not exceed $1,000 in one (1) fiscal year and he/she must still be employed by the
City when the course is completed.
SECTION 7.2. PROFESSIONAL DEVELOPMENT.
A. The City agrees to allow reimbursement to employees of up to $400 of the $1,000
allotted for activities that aid in their professional development. Reimbursable
activities include the following:
1. Attendance at job-related professional conferences, seminars and
training classes.
SECTION 7.3. EDUCATIONAL INCENTIVE PROGRAM. The City agrees to establish the
following educational incentive program payable on a monthly basis for safety employees in
the bargaining unit.
Effective at
Start of
Education Level... ... ........ ...... ....... ... ... .............. ... ... ... .Contract
AA Degree .. ...... ... ........ ... ...... ............. ....................... .$1 00
60 Units* . ....... ... ... ........... ............... ....... ..... ......... ...... .$1 00
90 Units** ... ..... ......... ... ... ...... ...... ....... ........ ............... .$140
BA Degree........ .... ..... ..... .... ... ... ... ... ...... ...... ..... ....... ... .$180
MA Degree. ... ... ........... ... .... ............ ...... ........... ... .... ... .$240
Effective on
Julv L 2006
120
120
170
216
288
Compensation for 60 units shall apply if units are equivalent to an AA degree or would
qualify the employee for junior status at a four-year college.
Compensation for 90 units shall apply if units are equivalent to an AA degree plus 30
upper division college units or would qualify the employee for senior status at a four-year
college leading to a Bachelor's Degree.
The Personnel Department will determine whether units are equivalent. Employees, except
those with master's degrees, must maintain eligibility by participating in continuing, job
related, educational courses, equivalent to three college units every two years.
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Article VIII
UNIFORMS
SECTION 8.1. The City of Orange shall purchase uniforms for all regular uniformed
members of the Fire Department. Total expenditures for the Fire Department shall not
exceed $400 per calendar year per uniformed member. All uniforms thus purchased shall
remain the property of the City of Orange.
SECTION 8.2. All protective clothing or protective devices required of employees in the
performance of their duties shall be furnished without cost to the employees by the
Employer.
Article IX
HOLIDAYS
SECTION 9.1. Fire Department employees shall receive the following paid holidays in
accordance with this Article:
I) January 1st (New Year's Day)
2) The third Monday in February (President's Day)
3) The last Monday in May (Memorial Day)
4) July 4th (Independence Day)
5) The first Monday in September (Labor Day)
6) November 11th (Veteran's Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) December 25th (Christmas Day)
10) One Floating Holiday
SECTION 9.2.
A. Fire suppression employees who work an average work week of 55.9 hours, shall
receive holiday pay in lieu of holiday time off or the equivalent in vacation time
pursuant to policies established by the Fire Department and the Union.
B. One working day equals twelve (12) hours for suppression personnel.
C. Fire employees who have a regular forty (40) hour work week shall receive such
legal holidays off with pay.
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SECTION 9.3. For those employees whose regular work week is forty hours, in the event
any of the above holidays fall on a Sunday, the following Monday will be taken in lieu of the
holiday. When any of the above holidays fall on a Saturday, except one-half day before
Christmas, the preceding Friday will be deemed a holiday.
SECTION 9.4. Should an employee whose regular work week is forty (40) hours be
required to work on a holiday, the employee shall receive straight time pay for all hours
worked on the holiday or the equivalent time off as compensatory time. Work on a holiday
must be approved by the Fire Chief. Employees shall receive no other compensation for
working a holiday.
SECTION 9.5. Should one of the holidays listed above fall during the employee's vacation
period, the employee shall receive holiday pay and no charge shall be made against the
employee's accumulated vacation.
SECTION 9.6. The floating holiday shall be taken at the convenience of the City with the
approval of the Fire Chief or his duly authorized agent.
I) For purposes of this benefit, employees will have credited one (I)
floating holiday as ofJanuary I.
2) This floating holiday shall be taken as time off from work no later
than the end of December 31 st of the same year.
3) The floating holiday is not accumulative and shall be forfeited
should it not be taken during the calendar year it was eamed.
4) Employees under this section who terminate their employment
with the City prior to using the floating holiday shall receive cash
reimbursement for said holiday.
Article X
VACATION
SECTION 10.1. Fire Department employees shall be entitled to vacations as follows: (See
Appendix "A" Vacation Benefits Schedules 1 - 4)
SCHEDULE 1
A. For employees who work an average 55.9-hour work week.
SCHEDULE 2
B. For Fire Captains who work an average 55.9-hour work week.
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SCHEDULE 3
C. For employees who work a regular forty (40) hour work week.
SCHEDULE 4
D. For Fire Captains who work a regular forty (40) hour work week.
SECTION 10.2. Vacation shall be taken at the convenience of the City with the approval of
the Fire Chief.
A. Where possible, such vacation should be taken annually and not accumulated
from year to year.
B. Vacation days not in excess of the equivalent number of days earned in the
immediately preceding twenty-four (24) month period may be accumulated with
the permission ofthe Fire Chief and the Personnel Director.
C. Employees shall not accumulate vacation in excess of the equivalent number of
days earned in the immediately preceding twenty-four (24) month period, such
excess not taken by the employee, shall be automatically paid in the following
pay period.
SECTION 10.3. An employee may convert up to fifty percent (50%) of his current annual
vacation accrual into pay in lieu of time off with pay. Such conversion may be so
accomplished once in each calendar year.
SECTION 10.4. Employees who terminate their employment with the City shall be paid for
accrued vacation, if any, and the prorated portion of their fmal accrual. Prorated vacation
shall be on the basis of one-twelfth (1/12) of the employee's annual vacation pay for each
full month of service.
Article XI
OTHER LEAVES OF ABSENCE
SECTION 11.1. LEAVE WITHOUT PAY. A regular employee, not under suspension, may
make application for leave without pay as described herein. The following Leave Without
Pay procedure shall apply:
A. After all available leave benefits, including vacation, compensatory time, and
other leave benefits have been completely used, a permanent employee, not under
suspension, may make written application to the department head for leave
without pay. No such leave will be considered absent a written application from
the employee requesting leave.
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B. If the department head and the Personnel Director agree that such leave is
merited and in the interest of the City, leave may be granted for a period not to
exceed six (6) months following the date of expiration of all other allowable
leave benefits.
C. No employment or fringe benefits such as sick leave, vacation, health insurance,
retirement, or any other benefits shall accrue to any employee on leave of
absence without pay except as denoted under the FCML section below. During
such leave in excess of five working days, no seniority shall be accumulated.
D. Subject to and consistent with the conditions of the group health, life or disability
plan, coverage may be continued during a leave, provided direct pavrnent of the
total premium bv the employee is made through and as prescribed by the Payroll
Division of the City. The City will pay up to six months of the Flexible Benefit
Plan contribution for employees who are on long term disability leave.
E. At the end of such leave, if the employee desires additional leave, written
application must be made through the department head to the Personnel Director
at least ten (10) days before the end of the six (6) month period, stating the
reasons why the additional leave is required and why it would be in the best
interests of the City to grant such leave of absence. If such additional leave is
merited and would still preserve the best interests of the City, he may approve
such extension of the leave of absence for a period up to but not to exceed an
additional six months.
F. If the employee does not return to work prior to or at the end of such leave of
absence or extension of leave of absence, the City shall consider that the
employee has terminated his employment with the City.
G. An employee on leave of absence must give the City at least seven days' written
notice of his intent to return to work prior to returning to work.
H. Any employee who engages in outside employment during said leave of absence
without prior notification and approval of the Personnel Director and department
head may be subject to termination.
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I. Any employee who falsifies the reason for the request for said leave of absence
may be terminated for falsifying a request for leave of absence or extension
thereof.
J. Such leave shall be granted on the same basis for pregnancy, childbirth, adoption,
and other medically related conditions, except that such an employee shall retain
his/her seniority rights.
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K. Forms setting forth the benefits available or such other pertinent information
shall be maintained for distribution in the Personnel Services Department.
SECTION 11.2. PERSONAL NECESSITY LEAVE. Employees may be allowed up to one
1) working day per month without pay for personal business with approval of the Fire
Chief. Employees shall accrue no employment benefits for any personal necessity leave in
excess of one (1) day per month.
SECTION 11.3. JURY DUTY. When required to serve on a jury while on duty, all
employees shall have time off for a period of actual service required on the jury. Employees
shall receive their regular pay while serving on jury duty during their regular working hours,
provided all jury fees paid to the individual employee, less automobile expenses allowed, are
turned over to the City. If an off-duty employee is called as a witness on behalf of the City,
he/she shall receive overtime pay. Any witness fees that accrue to the employee for hislber
witness services for the City shall be turned over to the City.
SECTION 11.4. MILITARY LEAVE OF ABSENCE. If an employee is required to take
military training two weeks each year, he shall be entitled to military leave of absence under
the provisions of State law, found in Section 395-395-02 of the Military and Veterans Code.
SECTION 11.5. SICK LEAVE. Sick leave with pay shall be allowed, credited, and
accumulated in accordance with the following:
A. For employees who work an average of 55.9 hours, twelve (12) hours of sick
leave will accrue for each month of continuous service after December 1973.
B. For employees who work a regular forty (40) hour week, eight (8) hours of sick
leave will be accrued for each month of continuous service after January 1, 1953.
C. For employees who work an average 55.9 hours work week, sick leave will be
charged at the rate of one (1) shift, twenty-four (24) hours for each work shift an
employee is absent.
D. For employees working a regular forty (40) hour week, sick leave will be charged
at the rate of one (1) day for each working day an employee is absent.
SECTION 11.6. SICK LEAVE USAGE. Any employee eligible for sick leave with pay
shall be granted such leave for the following reasons:
A. Personal illness or physical incapacity resulting from causes beyond the
employee's control, including pregnancy, child-birth and other medically related
conditions.
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B. Medical and dental office appointments during working hours, when authorized
by the Fire Chief.
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C. Bereavement Leave. The death or critical illness where death appears to be
imminent of a member of the employee's immediate family. "Immediate family"
is used in this Agreement as limited to any relation by blood, marriage, or
adoption, who is a member of the employee's household, under the same roof,
and any parent, substitute parent, parent-in-law, spouse, child, grandparent,
brother, or sister of the employee, regardless of residence. Days of absence due
to bereavement leave shall not exceed three (3) working days for forty (40) hour
personnel or two (2) twenty-four (24) hour shifts for 55.9 hour personnel, and
shall not be deducted from the employee's accumulated sick leave. An employee
on bereavement leave shall inform his/her immediate supervisor of that fact, and
the reasons therefore, as soon as possible. Failure to do so within a reasonable
period of time may be cause for denial of bereavement leave with pay for the
period of absence. The City may require proof of the relationship as a condition
to Payment of bereavement leave with pay.
D. Family Leave. Employees working a regular forty (40) hour week may charge 48
hours per calendar year to sick leave for reasons of family illness. Employees
who work an average 55.9 hour week may charge 72 hours per calendar year to
sick leave for reasons of family illness.
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E. Sick leave may be applied only to absence caused by illness or injury (as set forth
in Section 11.7) of an employee and may not extend to absence caused by illness
or injury of a member of the employee's family, except as set forth in (C) and (D)
above. In any instance involving use of a fraction of a day's sick leave, the
minimum charged to the employee's sick leave account shall be one-quarter (Y-.)
hour, while additional actual absence of over one-quarter (Y-.) hour shall be
charged to the nearest one-half (Yz) hour. The Fire Chief shall be responsible for
control of abuse of sick leave privileges if such absence exceeds four (4) working
days for 40 hour work week personnel or two (2) twenty-four (24) hour shifts for
suppression personnel. An employee may be required, as a condition to receiving
sick leave pay, to furnish a certificate of illness issued by a licensed physician or
nurse, or other satisfactory evidence of illness, in writing, on a form supplied for
this purpose. The Fire Chief may establish a reasonable sick leave usage,
monitoring and control program, to develop acceptable standards for attendance
and usage, and to take appropriate action when necessary.
F. The Union shall cooperate with the Fire Chief in reducing and curbing sick leave
usage.
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G. Retirement. Upon retiring from City service and entering the Public Employees'
Retirement System, an employee shall receive no pay for the first sixty (60) days
of accrued sick leave; shall receive twenty-five percent (25%) pay for the next
thirty (30) days of accrued sick leave after the first sixty (60) days, and he/she
shall receive fifty percent (50%) of the accrued sick leave for all accrued sick
leave after said thirty (30) day period.
H. Upon the death of an employee while employed by the City, one hundred (100%)
percent of all accrued sick leave benefits shall be paid to the beneficiary of the
deceased employee. Payment will be made when proper authorization is received
from the estate of the decedent employee.
SECTION 11.7. INDUSTRIAL ILLNESS OR INJURy. An employee who is temporarily or
permanently disabled, as a result of injury or illness arising out of and in the course of his
duties pursuant to the Workers' Compensation Laws of the State of California shall be
granted lndustrial Leave pursuant to the following:
A. A Leave of Absence without loss of salary, in lieu of temporary disability
payments, (which would be payable under the Workers' Compensation Laws) for
the period of such disability, but not exceeding one year, or until such earlier date
as such employee is retired on permanent disability pension, in accordance with
Labor Code 4850 or as otherwise may be amended by the State Legislature.
B. A Leave of Absence, beyond one year, as approved in writing by the Fire Chief
and Personnel Director, until, (1) such employee is retired on permanent
disability pension; (2) such employee returns to work; or (3) it is determined that
such employee's disability will preclude hirnlher from returning to work to
perform hislher regular work duties. Such leave will be granted for not more
than six (6) month intervals. Such employee may utilize accumulated sick leave
benefits, either during such leave or upon termination of such leave if he/she has
not returned to work, during which time such employee may utilize accumulative
sick leave benefits.
C. Total consecutive time for industrial leave for anyone industrial injury or illness
shall not extend beyond twenty-four (24) consecutive months, unless such leave
is extended in writing by the Fire Chief and the Personnel Director.
D. Each employee who receives a work related permanent disability retirement
pursuant to the Public Employees' Retirement System shall be paid all
accumulated unused sick leave benefits, and is entitled to have such date of
retirement delayed by a crediting of his accumulated sick leave in accordance
with State Law.
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Article XII
RETIREMENT
SECTION 12.1. The City shall continue its present participation in the California Public
Employees' Retirement System. This participation shall include, but not be limited to:
A. One (1) year Final Compensation (Government Code Section 20024.2).
B. An increase in the 1959 Survivor's level of benefits to the third level
Government Code Section 21382.4). This benefit shall become effective on or
before July I, 1991.
C. The employees' base pay, as set forth in Exhibit B does not include that portion of
the employees' Public Employees' Retirement System contribution paid by the
City.
D. The City will pay 100% of the employees' total PERS member contribution for
non-safety employees.
E. The City's report to the Public Employees' Retirement System will show this
amount as the employees' contribution, and will include it as part of the
employee's compensation.
F. The employee will be provided with a biweekly pay stub showing the amount of
contribution as deferred.
G. As authorized by the Internal Revenue Service and from the California Franchise
Tax Board, that portion of the employees' Public Employees' Retirement System
contribution paid for by the City will be treated as deferred income.
SECTION 12.2. Effective January I, 1990, the City amended its contract with the Public
Employees' Retirement System (PERS) to grant to Safety Members of PERS (i.e.,
Firefighters and Fire Safety Specialists who meet the requirements) the 2% at age 50
retirement formula, as set forth in Section 21252.01 of the California Government Code.
Effective on July I, 1990, the City shall pick up 100% of the Safety's Employees' total
contribution to PERS.
SECTION 12.3. Effective July I, 1994, the City will discontinue the practice of allowing
employees to pay their own PERS during the last year of employment, while receiving a
commensurate increase in salary. The City will return to the former practice wherein the
City paid the employee's share of PERS. This practice will be consistent with current
language as agreed to in the MOD Resolution 7264, Article XII, Section 12.1 and 12.2.
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SECTION 12.4. MISCELLANEOUS PERS FORMULA. Effective June 29, 2003, the City
shall provide the PERS 2.7% at age 55 Retirement Program for miscellaneous employees
covered by this Resolution. Effective June 27, 2004, and for the term of this Agreement,
miscellaneous employees shall contribute 2.64% of PERS-reportable salary, on a pre-tax
basis, toward the City's PERS Employer Contribution Rate to offset some of the costs of the
enhanced PERS 2.7% at age 55 Retirement Program. The City shall pay all remaining costs
toward the retirement program for miscellaneous employees covered herein.
SECTION 12.5. SAFETY PERS FORMULA. The City shall grant the safety members of
PERS effective May 20, 2001 (i.e., firefighters and fire safety specialists who meet the
requirements) the 3% at age 50 Retirement Formula as set forth in Section 21362.2 of the
California Government Code. For the term of this Agreement, employees shall pay 3.1% of
PERS-reportable salary, on a pre-tax basis, toward the City's PERS Employer Contribution
Rate to offset some of the costs of the enhanced PERS 3% at age 50 Retirement Program.
The City shall pay all remaining costs toward the retirement program for safety employees
covered herein.
Article XIII
TRAVEL EXPENSE ALLOWED
SECTION 13.1. AUTOMOBILE ALLOWANCE. Expense claims for the use of private
automobile must be submitted to Accounts Payable for reimbursement with department head
signature. Such use, if approved, will be reimbursed according to IRS regulations.
SECTION 13 .2. OUT OF CITY TRAVEL. If the estimated expense of contemplated travel
out of the City is too great to expect the employee to finance the trip and be reimbursed upon
his/her return, the City Manager may authorize advance payment of the estimated amount of
the travel expense to the employee.
SECTION 13.3. Tourist class airplane passage will be considered standard for out-of-town
travel.
SECTION 13.4. Use of personal cars for out-of-town trips, within the State, may be
approved by the City Manager when use of commercial transportation is not available or
practical. If an employee prefers to use his/her personal car, he/she may be reimbursed the
amount of the cost of the commercial transportation. A flat rate according to IRS regulations
may be approved for use of personal cars when City cars are not available.
SECTION 13.5. Air, rail, or public transportation used, expense for local transportation
such as taxicabs and bus fare, will be allowed whenever such transportation is necessary for
conduct of City business. In addition, the following expenses and charges will be allowed,
whenever necessary, for the conduct of City business:
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A. Expense will be allowed for adequate lodging. Hotel accommodations shall be
appropriate to the purpose of the trip
B. Telephone and telegraph charges will be allowed for official calls and telegrams
C. Expenses for meals will be reimbursed at actual cost.
Article XIV
SAFETY STANDARDS
SECTION 14.1. The City shall abide by all applicable federal and state statutes, and local
ordinances relating to health and safety.
SECTION 14.2. The City shall maintain its current minimum marming standards with City
Fire Department personnel.
SECTION 14.3. HEALTH FITNESS STANDARDS. In an effort to improve and maintain
the physical and mental well being of all fire safety personnel, and to reduce the frequency
and intensity of work related injuries and illness, the Union and the City agree to the
following Health Fitness Standards:
A. WeightIBodv Fat: Employees shall maintain their weightlbody fat within
established standards based upon their age, height and bone structure, as
established by recognized medical authority.
B. Smoking; As a condition of employment, new employees shall refrain from
smoking on duty.
1) Existing employees will be encouraged to become non-smokers;
be provided with information and/or training to assist such effort
and, the City may provide medical assistance as required.
2) Designated smoking/non-smoking regulations and areas will be
established in all Fire Department buildings.
C. Physical Fitness: The City shall allow and encourage employees to participate to
recognized physical fitness programs while on duty before 0830 and after 1700
which shall not conflict with the Department's ability to provided services or
previously scheduled activities. The physical fitness programs presently
recognized are:
1) "Good Health Through Physical Fitness", L.A. Fire Department
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2) Structured aerobic programs
3) Individual progressive conditioning programs that improve
strength, stamina and flexibility, and are non-sporting events in
nature (i.e., basketball, volleyball), may be approved.
D. Evaluations: Employees shall be evaluated quarterly by their supervisor or the
Department Medical Officer in the areas of:
1) Weightlbody fat
2) Resting heart rate
3) Blood pressure
4) Exercise heart rate (Karch level) as described in the Good Health
Through Physical Fitness manual.
The above will be recorded and forwarded to the Department Medical Officer
for file and evaluation. Personnel unable to maintain their weightlbody fat will
be placed on a weight control program administered by the Department
Medical Officer, which consists of:
1) Three (3) month weight reduction of at least two (2) pounds per
month
2) Monthly progress reports until they reach their maximum allowed
weightlbody fat
3) Monitored for three (3) months to ensure weight is maintained
Personnel not maintaining their proper weightlbody fat or progress
towards their allowed weight may be placed on a progressive
program that includes:
a) Mandatory physical fitness program
b) Counseling
E. Responsibilities.
I) The City shall continue to provide physical exams for all
Department safety employees as previously established.
2) The department shall designate a "Medical Officer" to coordinate,
maintain records and establish compliance
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3) The department shall provide the following at each station:
a) Exercise mats, 3' x 6' outdoor carpet
b) Bench step for exercise and evaluation
c) Skip rope
d) Weight scale
F. The employer and Union agree that no employee shall report to work under the
influence of narcotics, drugs, controlled substances, alcohol or any other
substance, which may impair the employee's ability to perform a safe and
efficient manner.
Article XV
NO STRIKE - NO LOCKOUT
SECTION 15.1. UNION PROHIBITED CONDUCT. The Union, its officers, agents,
representatives and/or members agree that during the term of this agreement, they will not
cause or condone any strike, walkout, slowdown, or any other concerted job action by
withholding or refusing to perform services. A violation of this section by any employee
shall constitute just cause for discharge pursuant to Article XVII.
SECTION 15.2. CITY PROHIBITED CONDUCT. The City agrees that it shall not lockout
its employees during the term of this Agreement. The term "lockout" is hereby defined so as
not to include the discharge, suspension, termination, layoff, failure to recall or failure to
return to work of the employees of the City in the exercise of its rights as set forth in any of
the provisions of this Agreement or applicable ordinance or law.
SECTION 15.3. UNION RESPONSIBILITY. In the event that the Union, its officers,
agents, representatives, or members engage in any of the conduct prohibited in Section 15.1
above, the Union shall immediately instruct any persons engaging in such conduct that their
conduct is in violation of this Memorandum of Understanding, and request that all such
persons immediately cease engaging in conduct prohibited in Section 15.1 above, and return
to work.
If the Union acts in good faith to meet its responsibilities as set forth above, the Union, its
officers, agents, representatives and its members shall not be liable for damages for
prohibited conduct engaged in by employees who are covered by this Agreement in violation
of Section 15.1.
SECTION 15.4. The City shall have the right to bring suit for damages and/or equitable
relief in the Courts for breach of this Article.
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Article XVI
CITY RIGHTS
SECTION 16.1. The City reserves, retains, and is vested with, solely and exclusively, all
rights of Management which have not been abridged by specific provision(s) of this
Memorandum of Understanding or by law to manage the City, as such rights existed prior to
the execution of this Memorandum of Understanding. The sole and exclusive rights of
Management, as they are not abridged by this Agreement or by law, shall include the
following rights:
A. To manage the City generally and to determine the issues of policy.
B. To determine the necessity and organization of any service or activity provided
by law as conducted by the City.
C. To determine the nature, merit, and technology of services to be provided to the
public.
D. Methods of financing.
E. Types of equipment or technology to be used.
F. To determine and/or change the location of facilities, through which the City
operations are to be conducted.
G. To determine types of operations, processes and materials to be used in carrying
out City functions, and to determine the use of City vehicles during non-working
hours.
H. To assign work to and schedule employees in accordance with the terms of this
Agreement.
1. To relieve employees from duties for lack of work or similar non-disciplinary
reasons subj ect to negotiations as required by law.
J. To discharge, or otherwise discipline the employees for just cause, subject to
procedural due process pursuant and provisions of Article XVII.
K. To determine new job classifications as a result of a new operation subject to
negotiations as required by law.
L. To hire, transfer, promote and demote employees for non-disciplinary reasons in
accordance with this Memorandum of Understanding.
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M. To determine standards for selection, and training and promotion of employees
pursuant to current City policy to negotiate as required by law.
N. To continue current Fire Department policy with respect to the establishment of
performance standards.
O. To promulgate reasonable rules and regulations to maintain order and safety in
the City which are not in contravention with this Agreement.
P. To take any and all necessary action to carry the mission of the Agency in
emergencies as set forth in Article XXII, Section 22.4 Emergency Waiver
Provision.
Q. To continue those mutual response pact(s) outside the corporate limits of the City
that are currently in effect and to subcontract and enter into agreements with
other cities for the purpose of providing a multi-purpose training facility and
communications centers. The City agrees to negotiate with the Union regarding
the impact of any joint training agreement or any new mutual response pacts
and/or modifications to current pacts.
SECTION 16.2. Whenever the exercise of Management's rights shall impact on employees
of the bargaining unit, the City agrees to meet and confer with the Union regarding the
impact of the exercise of such rights. If the City discontinues and individuals use of a City
vehicle, the City will negotiate an equivalent benefit.
Article XVII
DISCIPLINE AND DISCHARGE: RULES AND REGULATIONS
SECTION 17.1. The City shall have the right to discipline (up to and including suspension
of employees) and discharge regular employees for "just cause."
SECTION 17.2. Probationary employees shall not be disciplined up to and including
discharge for reasons that are arbitrary, and/or capricious, and/or invidiously discriminatory.
SECTION 17.3. The Union and the employee shall receive a copy of any discipline or
discharge of any affected employee.
SECTION 17.4. The City shall have the right to issue reasonable employee rules and
regulations not in conflict with the express terms of this Memorandum of Understanding,
provided that such rules and regulations are,
A. Discussed with the Union prior to adoption
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B. Submitted to the Union prior to adoption
C. Posted in conspicuous places so that employees are advised and have notice of
such rules and/or regulations prior to their implementation
Article XVIII
PROBATIONARY PERIOD (NEW EMPLOYEES)
SECTION 18.1. The probationary period for new employees shall be for a period of one (I)
year (26 pay periods from date of hire) in order to demonstrate suitability for the job.
SECTION 18.2. For good cause, with the approval of the Personnel Director and
concurrence of the Union and the employee, the Fire Chief may extend such probationary
period.
SECTION 18.3. The Union and the employee involved shall receive a copy of any
discipline or discharge, or any extension of a probationary period. Such change in employee
status shall set forth the basis for such action.
Article XIX
PAYROLL DEDUCTIONS
SECTION 19.1. The City shall continue its present policy of payroll deductions on a bi-
weekly basis of Union dues and assessments, and insurance payments, in the amount
certified to be current by the Treasurer of the Union as authorized in writing by individual
employees. The total amount of deduction shall be remitted by the City to the Treasurer of
the Union within ten (10) calendar days.
SECTION 19.2. The Union agrees to hold the City harmless and indemnify the City against
any claims, causes of actions, lawsuits arising out of the deductions or transmittal of such
funds to the Union caused by the Union's negligence. The Union shall notify the City within
ten (10) calendar days of any discrepancy( s) concerning Union dues or other payroll
deductions pursuant to this Article. If the Union does not notify the City of any discrepancy
within ten (10) calendar days, the City shall be relieved of any asserted discrepancy.
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Article XX
UNION REPRESENTATION
SECTION 20.1. Employees shall have the right to representation by a Union representative
with respect to all matters within the scope of employee-employer relations, including
procedural due process, in accordance with State law.
SECTION 20.2. The Union shall notify in writing the Personnel Director's office and the
Fire Chief, or his designee, or the names of its authorized Union Representatives.
SECTION 20.3. Union representation, including the investigation and processing of
grievances during working hours, shall be conducted by the Union President and/or his
designee( s).
SECTION 20.4. In accordance with current practice, the on-duty Shift Commander shall be
given sufficient notice by the Union Representative(s) of such on-duty representation during
normal working hours.
SECTION 20.5. Union Representation, including the processing and investigating of
grievances, shall not unreasonably interfere with employees in the performance of their
duties.
SECTION 20.6. Upon notice to the City, and approval of the Fire Chief, or his designee,
Union officials or other designees shall be granted leave from work to attend to Union
business. The Fire Chief, or his designee, is authorized to grant up to a total of eleven (II)
shifts off with pay per year for the Union board in its entirety (not eleven (II) shifts per
board member) for such Union business, exclusive of time spent for collective bargaining
and grievance processing.
Article XXI
GRIEVANCE - ARBITRATION PROCEDURE
SECTION 21.1. GRlEV ANCE DEFINED. A grievance shall be defined and limited to a
dispute or controversy between an employee, group of employees, and/or the Union and the
City regarding the application or interpretation of this Memorandum of Understanding, City
Personnel policies, and/or departmental rules, regulations or practices.
SECTION 21.2. PROCEDURAL DUE PROCESS. Concerning pre-disciplinary matters, the
grievance procedure shall not act as a substitute for procedural due process rights for
individual employees.
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SECTION 21.3. APPLICATION OF PROCEDURE. All grievances shall be adjusted in
accordance with the procedure set forth in this Article and shall constitute the exclusive
means and procedure for the settlement and disposition of all grievances. An employee may
process his/her own grievance provided that any of the grievance is not inconsistent with the
terms of this Memorandum of Understanding, and the Union has been given an opportunity
to be present at all grievance proceedings, including adjustment of the grievance.
SECTION 21.4. TIMELY FILING AND PROCESSING OF GRIEVANCES. Any
grievance not filed within the time limit set forth herein shall be barred and waived. Any
grievance not timely processed through the next step of the grievance procedure shall be
considered resolved in accordance with the proper answer of the City. Any issue or dispute
concerning the procedures of this grievance procedure, including the timeliness of the filing
or processing of a grievance shall be subj ect to determination by the Arbitrator pursuant to
Step III of this grievance procedure. The arbitrator shall decide any issue or claim as to
timeliness or whether a filed grievance meets the test of arbitrating, as set forth in this
Agreement. The arbitrator shall proceed to decide such issue before hearing the case upon
its merits; and if possible, shall issue a "bench decision" at the completion of the
presentation of evidence concerning this issue.
SECTION 21.5. STEPS OF GRIEVANCE PROCEDURE. Informal discussion: A grievable
matter shall first be discussed on an informal basis with the immediate supervisor (if he has
the power to adjust the matter) prior to filing a formal grievance.
A. Step 1. A grievance must be filed, in writing, with the Fire Chief or his designee
within twenty (20) calendar days after the grievant knew, or in the exercise of
reasonable diligence should have known, of the event giving rise to the
grievance. Within ten (10) calendar days of receipt of the grievance, a
Department designee shall meet with the grievant and his representative and
submit a written response thereto.
B. Step II. If grievant is not satisfied with the decision of the Fire Chief or his
designee, or if he has not received a written decision within the time specified,
the grievant may file a written appeal with the City Manager or his designee
within ten (10) calendar days of the answer or such time when the answer was
due.
Within five (5) calendar days or receipt of written appeal, the City Manager, or
his designee(s), shall meet with the grievant and his representative, and shall
submit a written response thereto within ten (10) calendar days of receipt of the
written appeal.
C. Step III. Either party to the dispute may request that the dispute be submitted to
Arbitration in accordance with procedure contained herein. Such request shall be
submitted in writing within ten (10) calendar days (excluding Saturdays, Sundays
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and holidays) after completion of Step II, with a copy served by mail upon the
other party.
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SECTION 21.6. ARBITRATION PROCEDURE.
A. The City and the Union shall promptly meet to attempt to mutually select an
Arbitrator. If such selection cannot be accomplished, either the City or the Union
may notify the California Conciliation Service to submit nine (9) names of
neutrals that are qualified to serve as an Arbitrator. The Union and the City shall
meet within five (5) working days upon receipt of the list of Arbitrators to
mutually select the Arbitrator to hear the dispute or to alternately strike-off names
until only one person remains. That person shall then serve as the Arbitrator. In
the event that either the Union or the City desires to strike an entire list submitted
by the California Conciliation Service, such party may do so (not more than two
occasions). In that case, the parties shall mutually and promptly request a new
list from the California Conciliation Service.
B. The Arbitrator shall not have the authority to add to, modify, or subtract from this
Agreement or to take testimony from one party outside the presence of the other.
The Arbitrator's authority is thus limited to deciding whether there has been a
violation of this Agreement pursuant to a grievance as defined in Section 21.1,
and the determination of an appropriate remedy for any such violation. The
Arbitrator shall only have authority to issue recommendations or an advisory
award concerning the interpretation or application of Article XIV, SAFETY
STANDARDS", and such award shall not be binding upon the parties.
Furthermore the arbitrator shall not have the authority or power to render a
binding decision that requires the City to expend additional funds, to hire
additional personnel, to buy additional equipment or supplies, or to pay wages or
benefits not specifically provided for in this Agreement or to take any action
which would be in violation of Federal or State Laws.
C. The decision of the Arbitrator shall be final and binding upon the City, the
Union, the grievant, and all employees covered by this Agreement in the
following cases:
I
I) All discipline and discharge cases of employees. In discipline
demotion or suspension or discharge) case, the Arbitrator's
remedy may include reinstatement only, and/or back pay in full or
in part.
2) Disputes regarding the interpretation or application of specific
provisions of this Agreement.
29
D. Unless extended by mutual agreement of the parties, the Arbitrator shall render
his decision and award within one (I) month after the close of the hearing and the
receipt of briefs, if any.
E. The compensation and expenses of the Arbitrator shall be borne equally by the
parties. All other expenses, including that of a court reporter, shall be borne by
the party that requests such service; unless the parties agree that such service(s) is
necessary for the arbitration proceeding.
Article XXII
SCOPE AND APPLICATION
SECTION 22.1. SOLE AND ENTIRE AGREEMENT.
A. It is the intent of the parties hereto that this Memorandum of Understanding shall
supersede all prior memorandums of understanding or contrary City contracts and
when approved by the City Council shall govern the entire relationship between
the parties.
B. City Resolution No. 4440 that sets forth a settlement between the City and the
Union of Case No. 237 979 shall remain in effect and be incorporated herein by
reference.
SECTION 22.2. This Agreement is subject to amendment only be subsequent written
agreement between, and executed by, the parties hereto.
SECTION 22.3. SEPARABILITY PROVISION. If any provision of this Agreement, or the
application of such provision, should be rendered or declared invalid by any court action or
by reason of nay existing or subsequently-enacted legislation, the remaining parts or portions
of the Agreement shall remain in full force and effect.
SECTION 22.4. EMERGENCY WAIVER PROVISION. In the event of circumstances
beyond the control of the City as a result of a declared emergency, national disaster, or
similar circumstances, provisions of this Memorandum of Understanding, and/or the
Personnel Rules or Regulations of the City and/or departmental rules and policies, which
shall be suspended for the duration of such emergency. After the emergency is declared
over, the City shall immediately meet and confer with the Union regarding the impact on
employees of the suspension of these provisions in the Memorandum of Understanding
and/or City and/or departmental rules and policies.
30
I
I
Article XXIII
TERM OF MEMORANDUM OF UNDERSTANDING
SECTION 23.1. TERM OF AGREEMENT. The term of this Memorandum of Understanding shall
commence on July 1, 2005 and shall continue in effect until February 29,2008.
SECTION 23.2. REOUEST TO MEET AND CONFER. Upon written notice and request of either
party to modifY the terms of this Memorandum of Understanding prior to February 29,
2008, the parties shall meet and confer in good faith for the purpose of reaching a new agreement.
Article XXIV
RATIFICATION AND EXECUTION
The City and the Union acknowledge that this Memorandum of Understanding shall not be in full
force and effect until ratified by the Union and adopted by the City Council of the City of Orange.
Subject to the foregoing, this Memorandum of Understanding in hereby executed by the authorized
representatives of the City and the Union and entered into this 8th day of November, 2005.
CITY OF RANGE
i-"
c__
Steven V.
Personnel!
By/ld^-QJ lJ~
1MicfuielD. Harary,
Per~nnel Services Manager !
BY: G~ ec..lc~
Frank Eickhoff, Battalion Chief
BY'~d~par~ROth, Senior Personnel Analyst
ORANGE CITY FIRE FIGHTERS INC.,
LOCAL 2384 OF THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS,
AFL-CIO
BY: -Ll,-~e.J <:
Chuck Tuggle, President
lL-<J~
J
BY: ' .' N'-,-,-
John 7
t/\
BY: r:vl...,...,-
Robert Stet: 0, Secr
BY: ! /
L {' y-[C~
Daniel Peterka, Treasurer
31
I
I
APPENDIX "A"
VACATION BENEFITS - SCHEDULE 1
FIRE EMPLOYEES WORKING AN AVERAGE 55.9 HOUR WORK WEEK
EXCEPT FIRE CAPTAINS)
ACCRUAL RATE 12.56 HOURS = 1 DAY
Years of Hours per Days per Shifts
Service Year Year Per Year
01-04 138 11 5.75
05-14 188 15 7.83
15-24 251 20 10.46
25-30 314 25 13.08
32
VACATION BENEFITS - SCHEDULE 2
FIRE CAPTAINS WORKING AN AVERAGE 55.9 HOUR WORK WEEK
Except, however, that 24-hour shift Fire Captains who work fire suppression shall accrue
vacation on the following basis:
ACCRUAL RATE 12.56 HOURS = 1 DAY
Years of
Service
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Hours per
Year
138.0
141.3
157.0
172.7
188.0
194.3
200.6
206.9
213.2
219.5
225.8
232.1
238.4
244.7
251.0
257.3
263.6
269.9
276.2
282.5
288.8
295.1
301.4
307.7
314.0
320.3
326.6
332.9
339.2
345.5
Days per
Year
11.00
11.25
12.50
13.75
15.00
15.50
16.00
16.50
17.00
17.50
18.00
18.50
19.00
19.50
20.00
20.50
21.00
21.50
22.00
22.50
23.00
23.50
24.00
24.50
25.00
25.50
26.00
26.50
27.00
27.50
Shifts
Per Year
5.75
5.88
6.54
7.20
7.83
8.10
8.36
8.62
8.88
9.15
9.41
9.67
9.93
10.20
10.46
10.72
10.98
11.25
11.51
11.77
12.03
12.30
12.56
12.82
13.08
13.35
13.61
13.87
14.13
14.40
Except, however, if the fire suppression hours should drop below 55.9 hours per week,
vacation accrual shall be subject to meet and confer, as to all Fire Department personnel
employed on a 24-hour basis.
33
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I
VACATION BENEFITS - SCHEDULE 3
FIRE EMPLOYEES WORKING AN AVERAGE 40 HOUR WORK WEEK
EXCEPT FIRE CAPTAINS)
Those employees who work a regular work week of 40 hours shall accrue vacation on the
following basis:
Years of Approx. Workdays Hours per Workdays
Service per Month Month Per Year
01-04 0.917 07.333 11.0
05-14 1.250 10.000 15.0
15-24 1.667 13.334 20.0
25 & above 2.083 16.667 25.0
34
VACATION BENEFITS - SCHEDULE 4
FIRE CAPTAINS WORKING AN AVERAGE 40 HOUR WORK WEEK
Except, however, that Fire Captains who work a regular work week of 40 hours shall accrue
vacation on the following basis:
Years of
Service
01
02
03
04
05
06
07
08
09
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
Approx. Workdays
per Month
0.917
0.938
1.042
1.146
1.250
1.292
1.333
1.375
1.417
1.458
1.500
1.542
1.583
1.625
1.667
1.708
1.750
1.792
1.833
1.875
1.917
1.958
2.000
2.042
2.083
2.125
2.167
2.208
2.250
2.295
Hours per
Month
07.333
07.500
08.334
09.167
10.000
10.334
10.667
11. 000
11.334
11.667
12.000
12.334
12.667
13.000
13.334
13.667
14.000
14.334
14.667
15.000
15.334
15.667
16.000
16.334
16.667
17.000
17.334
17.667
18.000
18.334
Workdays
Per Year
11.00
11.25
12.50
13.75
15.00
15.50
16.00
16.50
17.00
17.50
18.00
18.50
19.00
19.50
20.00
20.50
21.00
21.50
22.00
22.50
23.00
23.50
24.00
24.50
25.00
25.50
26.00
26.50
27.00
27.50
35
EXHIBIT "B"
I
ORANGE CITY FIRE FIGHTERS UNION
MONTHLY SALARY RANGES
Effective June 26, 2005
Five Percent (5.0%) Across the Board Salary Increase)
New Step A Step B Step C Step D StepE
Classification Title Range After 1 After 6 After 6 After 1
year months months year
Fire Captain 555 6760 6760 6760 6760 6760
Fire Engineer 524 4764 5002 5252 5515 5790
Fire Fighter 498 4198 4408 4628 4859 5102
Fire Safety Specialist 505 4342 4559 4787 5026 5278
Fire Inspector/Investigator 543 6367 6367 6367 6367 6367
Hazardous Materials Spec. 514 4537 4764 5002 5258 5515
Effective February 19, 2006
Five Percent (5.0%) Across the Board Salary Increase)
New Step A Step B Step C Step D StepE
Classification Title Range After 1 After 6 After 6 After 1
year months months year
Fire Captain 565 7106 7106 7106 7106 7106
Fire Engineer 534 5008 5258 5521 5797 6087
Fire Fighter 508 4408 4628 4859 5102 5357
Fire Safety Specialist 515 4559 4787 5026 5278 5541
Fire Inspector/Investigator 553 6693 6693 6693 6693 6693
Hazardous Materials Spec. 524 4764 5002 5252 5515 5790
I
36
Effective February 18, 2007
Minimum Three Percent (3.0%) Across the Board Salary Increase. Additional Salary
Increases May Be Granted Based on Labor Market Salary Survey - see language below).
New Step A Step B Step C Step D Step E
Classification Title Range After 1 After 6 After 6 After 1
year months months year
Fire Captain 571 7322 7322 7322 7322 7322
Fire Engineer 540 5160 5418 5689 5973 6272
Fire Fighter 514 4537 4764 5002 5258 5515
Fire Safety Specialist 521 4693 4928 5174 5433 5704
Fire Inspector/Investigator 559 6896 6896 6896 6896 6896
Hazardous Materials Spec. 530 4909 5154 5412 5682 5967
The Union and the City will conduct a salary survey by or before February 28, 2007 of all Fire
Departments throughout the County to determine the maximum (top step) base salary for each
classification covered by this MOU. The median calculation will exclude Orange Fire Department
salaries. The contractual March 2007 salary data from the survey agencies will be utilized for any
necessary adjustments. In the event any classification is below the median of the surveyed agencies, the
City shall increase the entire salary range of that classification in 0.5% increments at a minimum of 3.0%
to a maximum of 6.0% to bring the salary level to the survey median. The effective date for any
applicable salary increases will be February 18,2007. The salary table above reflects a 3.0% minimum
salary increase for each classification. This salary table will be amended should the salary range
increases exceed 3.0% for any classification above. This provision shall not apply thereafter.
37