RES-9387 MOU Fire Fighters AssociationRESOLUTION NO. 9387
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 MARCH 1,
2001 THROUGH AND INCLUDING FEBRUARY 29,
2004 AND REPEALING RESOLUTION NO. 8990
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 requiirements 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 March I, 2001 through
and including February 29, 2004 and have repealed Resolution 8990 thereto for said employees
as more particularly set forth in the Memorandum of Understanding attached
hereto; and WHEREAS, on November 28, 2000, the City Council of the City
of Orange adopted Resolution No. 9358, 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 March 1,2001 through February
29,2004; and W'lIEREAS, 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 (MOD)
is approved and incorporated by reference as Exhibit "A", as fully
set forth herein.ADOPTED this 13th day
of March, 2001.City
ATTEST:
1-tA~.a~J~~~Cassandra J. Cath , City Clerk of the City of
Orange I 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 13th day
of March, 2001 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:COUNCILMEMBERS: SLATER, ALVAREZ, MAYOR MURPHY,
COONTZ COUNCILMEMBERS:
NONE COUNCILMEMBERS:
NONE COUNCILMEMBERS:
NONE IJ~iirt
0r~Cassandra J. Cathca , City Clerk of the City of
Orange
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
MARCH 1, 2001 THROUGH FEBRUARY 29, 2004
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE CITY FIRE FIGHTERS, LOCAL 2384
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-
CIO
TABLE OF CONTENTS
Article No. Title of Article Pae;eNo.
I Recognition of Union 1
11 Non-
Discrimination III Salaries
2 IV Work Week - Work Schedule 6
V Overtime Call Back Pay; Shift Exchange 6
VI Health Insurance 9
VII Educational Reimbursement, Professional Development & 11
Incentive Programs
VIII Uniforms 12
IX Holidays 12
X Vacation 14
XI Other Leaves of Absence 15
XII Retirement 19
XIII Travel Expense Allowed 21
XIV Safety Standards 22
XV No Strike - No Lockout 24 XVI
City Rights 25 XVII
Discipline & Discharge; Rules & Regulations 26
Article No.Title of Article Pal!:e No.
XVIII Probationary Period (New Employees) 27
XIX
Payroll Deductions 27 XX
Union Representation 28 XXI
Grievance - Arbitration Procedure 28 XXII Scope &
Application 31 XXIII Term
of Memorandum of Understanding 32 XXIV Ratification
and Execution 32 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 ExhibitB Salary Ranges 37 ii
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:I) Included: All employees of the Fire
Department.2) Excluded: Fire
Chief,Employees,
Emergency Battalion
Chief.Administrative Secretary,
Clerical Medical Services Manager, and
Fire 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
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."
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 mearl continuous, full-time service inhis/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 ofemployment.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
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 ofthe 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.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.B.
Special Merit Advancement. When an employee demonstrates exceptional ability
and proficiency in the performance of hislher 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 Chiefs
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 ofthis 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 (Y2) of one (
1) 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.3
SECTION 3.6. PROMOTION.
A. Salary. 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 himlher 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 fOf 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 concurrence of the Union and the employee, the Fire Chief rnay 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 Pay. 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 FighterIParamedic is promoted
to Fire Engineer, he/she shall continue to be paid at the Fire FighterIParamedic
rate,until such time that the top step of pay for Fire Engineer exceeds the top step
fate of a Fire
FighterIParamedic.D. Probationary Period for Temporary Employees. 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 fate 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 (1)
step,
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.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 employe,e, 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 armually, 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 March 1, 1998, fire
fighters assigned to rescue/transport shall receive $100.00 per month during the period of
such assignment. Fire fighters may be assigned at the discretion of the Fire Chief or his
designel:. EMT.P's are not eligible for this bonus.
5
SECTION 3.12. CRIME SCENE INVESTIGATOR BONUS. Effective March I, 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
assignmfmt. Fire/Arson Investigators may be assigned at the discretion of the Fire Chief or
his designee.
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 personnd
shall continue to consist of 40 hours, five (5) consecutive eight (8) hour days, or four (
4) lien (10) hour days, or a 9/80 work schedule.SECTION
4.3. For fire suppression personnel, the current three (3) platoon work schedule consisting
of twenty-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-half1 Y:z) 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
pay 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 Y:z) hours of compensatory time for each one (1)
hour of overtime actually worked during the employee's
regular
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-half (Y:z) hour
per day increments. Where an employee works less than one-half (Y:z) hour
per day of overtime, the employee shall not receive compensatory time for
overtime of less than one-half (Yz) 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 accordancewith
Section 5.3C.E. Effective September 30, 1993, Suppression Personnel shall
have the opportunity to accrue "Comp Time" for time worked in the following
marmer: 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
of the 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 I, 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 360 hours per calendar year. Any compensatory time accrued over
360 hours will be automatically paid in
the following pay period.3. Effective January 1, 2002, the cap shall be reduced to
220 hours per calendar year for employees hired prior to January 1,
2001.
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-half (1/
2)
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 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 lmd 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 Departrlent and
the Union agree to permit acting positions on a voluntary basis, not to exceed one (I)
shift in
duration for anyone platoon for anyone class or workshop except by mutual Gonsent.
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,
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.
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 I, 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 armuitants. Employees may participate in only one of the health
plans offered by
PERS.
A. Except as provided in Section B Flexible Benefits Plan, the City shall contribute
toward the payment of premiums under the PERS Health Benefits Plan on behalf
of each eligible active employee, and to the extent required by law, each eligible
retiree armuitant ofPERS, an equal contribution of$16.00 per month.
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):
9
Single
Two-
Party
Family 259.
00 502.
00 665.
00 The City's payment towards the Flexible Benefit Plan is exclusive of the $
16 payment in Section
2A.C. An employee carmot 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 emolled in the PERS
Health Benefits Plan. 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 $121.00 per month toward the Flexible Benefits Plan in lieu of
the amount stipulated in Section6.1 B. 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 PI.AN. Effective February 27,1999, the
City shall contribute to the Union $113.80 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, Dental, Vision, 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 tohis/her specific job and must be approved by the
Fire Chief arld the Personnel Director prior to registration. Reimbursement will be based
upon the final grade received according to the following
schedule:
GRADE REIMBURSEMENT
100%
75%
50%
0-A
B
C
DorF
A.
Effective July I, 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.
AA. Degree .................................................................$100
60 Units* ....................................................................$100
AA Degree plus 30 "college level units"U ...............$140
90 Units*** ...............................................................$140
BA Degree .................................................................$180
MA.
Degree................................................................ .$
240
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.At least one-half of the 30 "college level" units are to be job related or required
for a Bachelor'
s
Degree.u*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
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
performlmce of their duties shall be furnished without cost to the employees by the
Employ(:r.
Article IX
HOLIDAYS
SECTION 9.1. Fire Department employees shall receive the following paid holidays in
accordance with this Article:
1) January 1 (New Year's Day)
2) The third Monday in February (President's Day)
3) The last Monday in May (Memorial Day)
4) July 4 (Independence Day)
5) The first Monday in September (Labor Day)
6) November 11 (Veteran's Day)
7) Fourth Thursday in November (Thanksgiving Day)
8) Fourth Friday in November (Day after Thanksgiving)
9) December 25 (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.
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
12
the holiday. When any ofthe 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 (1)
floating holiday as of January 1.
2) This floating holiday shall be taken as time off from work no later
than the end of December 31" 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 earned.
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.
SCHEDULE 3
C. For employees who work a regular forty (40) hour work week.
13
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 armually 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 of the 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 armual vacation accrual into pay in lieu of time off with pay. Such conversion may
be so accompllished once in each
calendar year.SECTION 10.4. Employees who terminate their employment with the City shall
be paid for accmed vacation, if any, and the prorated portion of their final accrual.
Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's armual 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
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 payment of the total
premium by 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.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 seniorityrights.15
K. FOIIDS 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 (I) 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 (I) 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 his/her
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 (I) 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.B. Medical and dental office appointments during working
hours, when authorized by
the
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, brother, or sister
of the employee, regardless of residence. Days of absence due to bereavement
leave shall not exceed five (5) working days for forty (40) hour personnel or three (
3)twenty-four (24) hour shifts for 55.9 hour personnel, and shall 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 sick leave with pay for the period of absence. The
City may require proof of the relationship as a condition to Payment of sick leave
with pay for
bereavement leave.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.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 ofa 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-
half (1/2)hour, while additional actual absence of over one-half (1/2)
hour shall be charged to the nearest full 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.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 (
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 perm:mently 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 Industrial 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 provided by the State Legislature.
B. A Leave of Absence, beyond one year, as approved by Fire Department 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 himlher 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 by the Fire Department 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 are entitled to have such date
of retirement delayed by a crediting of their accumulated sick leave in
accordance with State
Law.
Article XII
RETIREMENT
SECTION 12.1. The City shall continue its present participation in the California Public Employ(:
es' 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 1, 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 contribution for non-safety
employees.
E. The City's report to the Public Employee's 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 Employee's 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
Employ<:es' 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.
Effectiv'l on July 1, 1990, the City shall pick up 100'Yo of the Safety's Employees' total
contribution to PERS.
SECTION
12.3. Effective July 1, 1994, the City will discontinue the practice of allowing employe,
es 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 MOU Resolution 7264, Article XII, Section 12.1 and 12.2.19
SECTION 12.4. Effective December 7, 1997, non-sworn employees covered by
this Resolution were required to pay 4% of their salary, pre-taxes, through payroll
deduction, to fund the enhanced PERS 2% at age 55 retirement formula. Effective July 2, 2000,
the City agreed to pick up the employee's 4% cost to fund the enhanced PERS 2% @
55 retirement benefit ~Dr civilian employees. However, if at any time in the future, the City is
required to contribute as the Employer to the PERS system for miscellaneous employees, the
City will conduct an actuarial evaluation to determine what portion of that Employer
contribution rate is due to the cost for the 2% @ 55 benefit. If any portion of the
future Employer contribultion rate for miscellaneous employees is based on the cost for the 2% @
55 benefit,all covered employees agree to pay that portion of the Employer rate, through
pre-tax payroll deduction, to cover the cost of the 2% @ 55 benefit at that time, from a minimum
of 0.5%not to exceed 4.
0% of salary.SECTION 12.5. The City shall amend its contract with PERS to 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, the City shall
bear all costs associatf:d with this amendment up to seven percent (7%) of bargaining unit
cost. In the event that the contract amn:Imrt exceeds 7% of bargaining unit cost, the amount
in excess of 7% shall be shared equally between the City and the
bargaining unit
members.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 signatur,e. 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 practicall. 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
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:
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.
WeightIBody Fat: Employees shall maintain their weight/bodyfat 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-srnokers;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
21
which shall not conflict with the Department's ability to provided services or
previously scheduled activities. The physical fitness programs presently
recognized are:
I) "Good Health Through Physical Fitness", L.A. Fire Department
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) Weight/body
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 weight/body fat will be
placed on a weight control program administered by the Department Medical Officer,
which consists
of:I) Three (3) month weight reduction of at least two (2) pounds
per
month 2) Monthly progress reports until they reach their maximum
allowed weight/body
fat 3) Monitored for three (3) months to ensure weight is
maintained Personnel not maintaining their properweight/body 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 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
marmer.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 1:0 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 RESPONSIBILITX, In the event that the Union, its officers,agents,
representatives, or members engage in any of the conduct prohibited in Section l5.1 above,
the Union shall immediately instruct any persons engaging in such conduct that their condUC11
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 23
prohibit,ed 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.
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
Memor<mdum of Understanding or by law to manage the City, as such rights existed prior to
the exeGution 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.
IF. 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.
L To relieve employees from duties for lack of work or similar non-
disciplinary reasons subject 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.
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 Managemellt'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 ""
II
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.
25
SECTION 17.4. The City shall have the right to issue reasonable ernployee 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
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 (1)
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
26
deductions pursuant to this Article. If the Union does not notify the City of any
discrep:mcy within ten (10) calendar days, the City shall be relieved of any asserted
discrep:mcy.
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 gnevances, 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
ten (10)shifts off with pay per year for such Union business for
all employees.
Article
XXI GRIEVANCE - ARBITRATION PROCEDURE
SECTION 21.1. GRIEVANCE 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
Persomlel policies, and/or departmental rules, regulations or practices.
27
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.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 pre:sent 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 subject 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 I. 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
gnevance.Within ten (10) calendar days ofreceipt 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 and
holidays) after completion of Step II, with a copy served by mail upon the other
party.SECTION
21.6. ARBITRATION PROCEDURE.A.
The City and the Union shall promptly meet to attempt to mutually select an Arbitrator.
If such selection carmot 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 XN, 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:1)
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.29
2) Disputes regarding the interpretation or application of specific
provisions of this Agreement.
D. Unless extended by mutual agreement of the parties, the Arbitrator shall render
his decision and award within one (1) 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 apphcation of such provision, should be rendered or declared invalid by any court action
or by n:ason 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
30
employees of the suspension of these provlSlons in the Memorandum of
Understanding and/or City and/or departmental rules and policies.
Article XXIII
TERM OF MEMORANDUM OF UNDERSTANDING
SECTION 23.1. TERM OF AGREEMENT. The term of this Memorandum of
Understanding shall commence on March 1,2001 and shall continue in effect until February
29,200,t
SECTION 23.2. REQUEST TO MEET AND CONFER. Upon written notice and request
of either party to modify the terms of this Memorandum of Understanding prior to February
29,2004, the parties shall meet and confer in good faith for the purpose of reaching a new
agreemtmt.
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
13th day of March, 2001.
ORANGE CITY FIRE FIGHTERS INC.,
LOCAL 2384 OF THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS,
AFL-CIO.
j ;;:).tU1/~
BY:
BY:
BY:
BY:31
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 2010.
46 25-30 314 25
13.
08
VACATION BENEFITS - SCHEDULE 2 Fl[
RE 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
Hours per
Year
Days per
Year
Shifts
Per Year
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
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
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
5.75
5.88
6.54
7.20
7.83
8.10
8.36
8.62
8.88
9.15
9.4l
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
33
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.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. VVorkdays Hours per Workdays Service
per Month Month Per Year 01-
04 0.917 07.333 11.0
05-141.250 10.000 15.
0 15-24 1.667 13.334
20.0 25 & above 2.083 16.667
25.
0
VACATION BENEFITS - SCHEDULE 4 F1RE
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.
1461.
2501.
292 1.
3331.
3751.
417 1.
458 1.
500 1.
5421.
583 1.
625 1.
667 1.
7081.
7501.
7921.
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.
33409.
167 10.
000 10.
33410.
667 11.
000 11.
334 11.
667 12.
000 12.
33412.
667 13.
000 13.
334 13.
667 14.
000 14.
33414.
667 15.
000 15.
33415.
667 16.
000 16.
334 16.
667 17.
000 17.
33417.
667 18.
000 18.
334Workdays
Per
Year 11.
00 11.
2512.
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.
5022.
00 22.
50 23.
00 23.
50 24.
00 24.
50 25.
00 25.
50 26.
00 26.
5027.
00 27.
5035
EXHIBIT"B"
ORANGE CITY FIRE FIGHTERS UNION MONTHLY
SALARY RANGES EFFECTIVE
FEBRUARY 25, 2001 NOTE: See Page 38 for Salary Update.Three
Percent (3.0%) 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 523 5762 5762 5762 5762 5762 Fire
Engineer 493 4094 4299 4514 4739 4976 Fire
Fighter 469 3644 3827 4018 4219 4430 Fire
Safety Specialist 472 3695 3880 4074 4278 4492 Fire
Inspector/Investigator511 5433 5433 5433 5433 5433 Hazardous
Materials Spec. 492 4074 4278 4492 4716 4952 In
addition, by March 1, 2001 one representative from the City and the Union shall jointly survey
the total pensionable compensation (c.g., PERS reportable compensation) for all professional
fire departments within Orange County by reviewing the effective collective bargaining
agreements, salary schedules, etc. and shall adjust the base salary for employees covered
by this Agreement, on a rank basis by that percentage necessary to place each rank at the
figure equal to the third highest in total pensionable compensation from the survey. For example"
if the department with the third highest pensionable compensation for the rank of Fire Captain ,
equals the amount "X," the base salary for Orange City Fire Captains will be increased by
that percentage necessary to equal the amount "X." The ranks of Fire Engineer, Fire Fighter,Fire
Saftlty Specialist, Fire Inspector/Investigator, and Hazardous Materials Specialist will also be
surveyed, separately, as outlined above. In no event, however, shall any employee receive less
than 3% base increase effective 2/25/2001. This provision shall not apply thereafter.EFFECTIVE
FEBRUARY 24, 2002 Three
Percent (3.0%) Salary Increase)New
Step A Step B StepC Step D Step E Classifkation Title
Range After 1 After 6 After 6 After 1 year months
months year Fire Captain
529 5937 5937 5937 5937 5937 Fire Engineer
499 4219 4430 4651 4884 5128 Fire Fighter
475 3751 3939 4135 4342 4559 Fire Sa~
ety Specialist 478 3807 3998 4198 4408 4628 Fire Inspector/
Investigator 517 5597 5597 5597 5597 5597 Hazardous Materials
Spec. 498 4198 4408 4628 4859 5102 36
EFFECTIVE FEBRUARY 23, 2003
Three P,ercent (3.0%) Salary Increase)
New Step A Step B StepC Step D Step E
Classificlltion Title Range After 1 After 6 After 6 After 1
year months months year
Fire Capt:ain 535 6117 6117 6117 6117 6117
Fire Engim,er 505 4342 4559 4787 5026 5278
Fire Fighter 481 3861 4054 4256 4470 4693
Fire Safety Specialist 484 3919 4115 4321 4537 4764
Fire Inspt:ctor/Investigator 523 5762 5762 5762 5762 5762
Hazardous Materials Spec. 504 4321 4537 4764 5002 5252
37
EXHIBIT "B"
ORANGE CITY FIRE FIGHTERS UNION
MONTHLY SALARY RANGES
EFFECTIVE
FEBRUARY 25, 2001 Three
Percent (3.0%) Salary Increase)New
Step A Step B Step C Step 0 Step E Classiification
Title Range After 1 After 6 After 6 After 1 year
months months year Fire
Captain 533 6057 6057 6057 6057 6057 Fire
Engineer 502 4278 4492 4716 4952 5199 Fire
Filghter 476 3770 3958 4156 4364 4582 Fire
Safety Specialist 483 3899 4094 4299 4514 4739 Fire
Inspector/Investigator 521 5704 5704 5704 5704 5704 Hazardous
Materials Spec. 503 4299 4514 4739 4976 5225 EFFE:
CTIVE FEBRUARY 24, 2002 Thre,
e Percent (3.0%) Salary Increase)New
Step A Step B Step C Step 0 Step E Classification
Title Range After 1 After 6 After 6 After 1 year
months months year Fire
Captain 539 6241 6241 6241 6241 6241 Fire
Engineer 508 4408 4628 4859 5102 5357 Fire
Fighter 482 3880 4074 4278 4492 4716 Fire
Safety Specialist 489 4018 4219 4430 4651 4884 Fire
Inspector/Investigator 527 5878 5878 5878 5878 5878 Hazardous
Materials Spec. 509 4430 4651 4884 5128 5384 EFFECTIVE
FEBRUARY 23, 2003 Three
Percent (3.0%) Salary Increase)New
Step A Step B Step C Step 0 Step E Clas!;
ification Title Range After 1 After 6 After 6 After 1 year
months months year Fire Captain
545 6431 6431 6431 6431 6431 Fire Engineer
514 4537 4764 5002 5258 5515 Fire Fighter
488 3998 4198 4408 4628 4859 Fire Safety
Specialist 495 4135 4342 4559 4787 5026 Fire Inspector/
Investigator 533 6057 6057 6057 6057 6057 Hazardous Materials
Spec. 515 4559 4787 5026 5278 5541 38