RES-8990 MOU Orange City Firefighters effective 03_01_98 through 02_28_01RESOLUTION NO. 8990
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, 1998 THROUGH AND
INCLUDING FEBRUARY 28, 2001 AND REPEALING RESOLUTION NO.
8695 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 March 1,
1998 to and including February 28, 2001 and have repealed Resolution 8695
thereto for said employees as more particularly set forth in the
Memorandum of
Understanding attached hereto.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 "An, as fully set forth
herein and furthermore that staff is authorized to adjust the Fiscal Year 1997/98, 1998/99,
1999/2000, and 2000/2001 budgets to reflect the changes approved
in this resolution.Adopted this ~ day
of
August ,1998.ATTEST:City
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
25th day of August, 1998 by the following vote:
AYES: COUNCIL MEMBERS: MURPHY,
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
SLATER, COONTZ, SPURGEON, ALVAREZ
CdAAu,'ch ~dt<4~
City Clerk of the City of Orange
2
MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF ORANGE AND THE
ORANGE CITY FIRE FIGHTERS, INC.
MARCH 1, 1998 - FEBRUARY 28, 2001
EXHIBIT A
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
ORANGE CITY FIRE FIGHTERS, INC.
INDEX
Article No. Title of Article Paae Nc
Recognition of Union 1
II Non-Discrimination
1 III Salaries
2 IV Work Week - Work Schedule 6
V Overtime Call back Pay; Shift Exchange 7
VI Health Insurance 10
VII Educational Reimbursement, Professional Development & 12
Incentive Program
VIII Uniforms 13
IX Holidays 14
X Vacation 15
XI Other Leaves of Absence 16
XII Retirement 21
XIII Travel Expense Allowed 22
XIV Safety Standards 23
XV No Strike - No Lockout 25 XVI
City Rights 26 XVII
Discipline & Discharge; Rules & Regulations 27 XVIIII
Probationary Period (New Employees) 28 XIX
Payroll Deductions 28
Artic:le No, Title of Article Paae No.
XX Union Representation 29
XXI Grievance - Arbitration Procedure 30 XXIII
Scope & Application 33 XXIII
Term of Memorandum of Understanding 33 XXIV
Ratification and Execution 34 App'
endixA Vacation Benefits - Schedule 1 35 Appendix A
Vacation Benefits - Schedule 2 36 Appendix A Vacation
Benefits - Schedule 3 37 Appendix A Vacation Benefits -
Schedule 4 38 Exhibit B Salary Ranges 39
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 1) Included: All employees of the
Fire Department 2) Excluded: Fire Chief, Administrative
Secretary, Clerical Employees, 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
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 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", "0" 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 thanthirty30) 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. Service Advancements. After the salary of an employee
has been first established and fixed under this plan, such employee
shall be advanced from Step "A" to Step "B". effective the first pay period
following the date of completion of the length of service required
for
8. Merit Advancements. An employee shall be considered for advancement
from Step "8" to Step "C", or Step "C" to Step "0", or from Step "0" to "E",
upon completion of the minimum length of service as specified in the
exhibit attached hereto. A merit increase shall become effective the first
pay period following the completion of the length of service required for
such advancement. Advancement to either Step "0" or Step "E" 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 recommending the granting or
denial of the merit increase and supporting such
recommendation with specific reasons therefor. 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 Finance
Director for change of payroll status. .
C. Special Merit Advancement. In such cases as may occur wherein an
employee shall demonstrate 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
Chiefs recommendation, approve and effect such an advancement.
D. Lenath of Service Reauired 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.
3
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 (%) 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.SECTION 3.6
PROMOTION.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. Probationarv 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 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
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
Fighter/Paramedic is promoted to Fire Engineer, he/she shall continue to
be paid at the Fire Fighter/Paramedic rate, until such time that the top
step of pay for Fire Engineer exceeds the top step rate of a Fire
Fighter/Paramedic.
D. Probationarv Period for Temporarv 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 (1) 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 recertification;
an additional $50 per month upon each subsequent recertification up to
a maximum of four
recertifications.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, employees
covered under this agreement may be placed in a Bilingual Assignment by the Fire
Chief. Employees on Bilingual Assignment shall receive and 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 Ithose 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 designee. EMT-P's are not eligible for this
bonus.SECTION 3.12 CRIME SCENE INVESTIGATOR BONUS. Effective March
1,19B8, 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 disGretion 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.
6
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 of twenty-four (24) hour shifts commencing at 0700
shall continue in
effect.SECTION4.4. The work cycle for sworn Fire Department suppression
personnel will be nine (9) days within a 27 day work
period.
ARTCILEV 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 (1 % ) hours of compensatory time for each one (1)
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 %) hours of compensatory time for each one (
1) 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-half (%) hour per day increments. Where an
employee works less than one-half (%)hour per day of overtime,
the employee shall not receive compensatory time for overtime of less than one-half (%)
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 up to a maximum of eighty (80) hours
or one hundred eleven and eight tenths 111.
8) hours for suppression personnel. Any accumulated compensatory hours
over the maximum carry-over amount carried over to a succeeding calendar year
must
it shall be automatically paid on the first Pay Period of the next calendar
year.
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 of 24 hours of comp 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.SECTION5.4. 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 exis.ting 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 (1-112) 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.Re~
lular scheduled hours worked, minus leave time taken, plus overtime worked,detl~rmines
actual hours worked. Employees are entitled to premium pay (half time)on i3ctual hours worked
in excess of 204 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
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
any one 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
eligibilitylists.G,-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.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
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. 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 annuitant of PERS, 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 plants, 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 $204
Two Party $388
Family $493
Furthermore, if PERS California Firefighters Health Plan premiums increase during
the term of this MOU, the City shall increase the Flexible Benefits contribution
amount by the difference between the new premium rate and the old premium rate
up to the following amounts:
Single $259
Two Party $502
Family $665
10
Examples of how the City's Flexible Benefit contribution would escalate if an
increase occurs are shown below:
Single Premium Example
SAMPLE A
Current
City Flexible Plan Contrib.
Plus City Health Contrib.
Less Insurance Premium
Difference to Employee
204
16
175 45
With $
25 Increase in Premium City
Flexible Plan Contrib.Plus
City Health Contrib.Less
Insurance Premium Difference
to Employee 229
16
200
45 In
the
above sample, the increase of $25 in the insurance premium was absorbed by the
City. The City increased its Flexible Benefit contribution from $204 to $229,a $:25
increase.Current City
Flexible
Plan Contrib.Plus City
Health Contrib.Les.s
Insurance Premium Difference to
Employee SAMPLE B
204 16
175
45
With $
120
Increase in Premium City Flexible
Plan Contrib. $259 Plus City
Health Contrib. 16 Less Insurance
Premium - 295 Difference to Employee $
20 In this sample, $
55 of the increase in the insurance premium was absorbed by the City, which resulted
in an increase in the City's Flexible Benefit contribution from 204 to $259,
the maximum allowable under this MOU. The remaining portion of the increase, $65,
was absorbed by the employee.The City's
payment towards the Flexible Benefit Plan is exclusive of the $16 payment in Section
2A.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. 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 Section
6.1 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.11
SECTION 6.2 UNION GROUP BENEFIT PLAN. Effective March 1, 1998, the City
shall contribute to the Union $103.80 per month per regular full time employee
toward any group benefit plan(s) selected by the Union. Effective February 27,
19B9, 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 REIMBURSEMENT. 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
cornmunity college and college courses. An approved course is one designed to
dimctly 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:
GRADE
A
B
C
D or F
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 which 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".. ......... $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.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 CI 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.ARTICLE
VIII
UNIFORMS SECTION 8.1. Effective July 1, 1998, 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 $365 per calendar year per
uniformed member. This amount is to be increased to $400 per calendar year per
uniformed member effective February 27, 2000. 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:
1) January 1
2) The third Monday in February
3) The last Monday in May
4) July 4
5) The first Monday in September
6) November 11
7) Thanksgiving Day
8) Day after Thanksgiving
9) 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 the holiday. When any of the above holidays fall on a Saturday,
eXCE!pt one-half day before Christmas, the preceding Friday will be deemed
aholiday.
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 al holiday must be approved by the Fire Chief. Employees shall receive no other
compensation for working a holiday.
14
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.
1) 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 31st 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 Schedule 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.SCHEDULE
4 D.
For Fire Captains who work a regular forty (40) hour work week.15
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 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.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
final accrual.Prorated vacation shall be on the basis of one-twelfth (1/12) of
the employee's annui31 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. If the Fire Chief 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 leave benefits. No employment benefits shall accrue to
any employee on leave of
absence
B. At the end of such leave, if the employee desires additional leave, written
application must be made to the Personnel Director stating the reasons
why the additional leave is required and why it should be in the best
interest of the City to grant same. If in the Personnel Director's opinion
such additional leave is merited, and would still preserve the best interest
of the City, he may approve same for a period not to exceed an additional
six (6) months. At the end of that time, employment shall be terminated.
C. An employee on leave of absence must give the City notice of his/her
intention to return to work twenty-four (24) hours prior to the
next scheduled shift if the employee is to return to work at the expiration
of such leave of absence. If the employee desires to return to work prior
to the expiration of such leave of absence, such employee must give
three 3) shifts notice (suppression) or five (5) working days for forty (40)
hour
personnel,D. Any employee who engages in outside employment during said leave
of absence without prior approval of the Fire Chief shall be subject
to termination. Any employee who falsifies the reason for request for
said leave of absence may be terminated for falsifying a request for leave
of
absence.SECTION 11.2 PERSONNEL 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 his/her witness services for
the City shalll 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
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.B. Medical and dental office appointments during working
hours, when authorized by the
Fire Chief.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 therefor, 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
D. Family Leave. An employee is allowed up to one (1) shift of family leave
per calendar year for family illness and shall be charged against the
employee's accumulated sick leave as follows:
8 hours for 40 hour personnel; and12 hours for suppression personnel.
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-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 or 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 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
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 Worker's 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 him/her from
returning to work to perform his/her 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 Employment 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 Employee's 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 Survivors 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 1, 1990, the City amended its contract with
the Public Employees Retirement System (PERS) to grant to Safety Members of
PERS Le., 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 1, 1990, the City shall pick up 100% of
the Safety's Employees' total contribution to
PERS.
Section 12.3 Effective July 1, 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 MOU Resolution 7264, Article
XII, Section 12.1 and 12.2.
Section 12.4. Effective December 7, 1997, non-sworn employees covered by
this Resolution are required to pay 4% of their salary, pre-taxes,
through payroll deduction, to fund the enhanced PERS 2% at age 55 retirement formula. If
the City does pick-up any or all of this 4% employee contribution during the
term of this contract for any other bargaining group, the City agrees to pick
up the same amount for the non-sworn employees
covered by
this agreement.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 taxi cabs 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,
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 manning 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. Weight/Body Fat: Employees shall maintain their weight/body 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:0'
1) "Good Health Through Physical Fitness", LA 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 E!valuation. 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:1) 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
proper weight/body fat or progress towards their allowed
weight may be placed on a progressive program that
includes:a) Mandatory physical fitness
program b)
Counseling c) Progressive disciplinary action, for just cause
in accordance with the terms and conditions of
the Memorandum of
Understanding
E. Responsibilities.
1) 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 manner.
Article XV
NO STRIKE - NO LOCKOUT SECTION
15.1 UNION PROHIBITED CONDUCT. The Union, its officers, agents,reprE!
sentatives 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.25
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
AgrE~ement 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
provllsion(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.I. 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 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
SECTION 17.2 Probationary employees shall not be disciplined up to and including
discharge for reasons which 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 dllscharge 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
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 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 relived of any asserted discrepancy.
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 Repl"
esentatives.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 repn~sentation 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 ten (10) shifts off with pay per year for such Union
business
for
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 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.
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
proc;eedings, 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 grievance.
30
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 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 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 form 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:
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.
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.
32
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 which 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.SECTION22.4 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 andl 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.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, 1998 and shall continue in effect
until February 28,
2001.
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 28, 2001, 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
Undl~rstanding in hereby executed by the authorized representatives of the City and
the Union and entered into this day of , 1998.
CIW OF ORANGE
BY:
34
ORANGE CITY FIRE FIGHTERS INC.,
LOCAL 2384 OF THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS,
AFL-
CIO:By:,
2~~~
APPENDIX A
VACATION BENEFITS
SCHEDULE 1
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 15-24251
20 10.46 25-30
314
VACATION BENEFITS
SCHEDULE 2
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
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
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
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.
VACATION BENEFITS
SCHEDULE 3
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 B, above 2.083 16.
667
VACATION BENEFITS
SCHEDULE 4
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
38
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
EXHIBIT B
FIRE UNION MONTHLY SALARY RANGES
THREE PERCENT (3%) SALARY INCREASE EFFECTIVE 03/01/98
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
after 6 mos. after 6 mos. after 6 mos. after 1 year
Fire Captain 505 5278 5278 5278 5278 5278
Fire Engineer 475 3751 3939 4135 4342 4559
Fire Fighter 451 3335 3502 3677 3861 4054
Fire Safety Specialist 454 3385 3555 3732 3919 4115
Fire Inspectorllnvest. 493 4094 4299 4514 4739 4976
Haz. Mat. Specialist 474 3732 3919 4115 4321 4537
39
THREE PERCENT (3%) SALARY INCREASE EFFECTIVE 02/28/99
CI.J~SSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
after 6 mos. after 6 mos. after 6 mos. after 1 year
Fire! Captain 511 5433 5433 5433 5433 5433
Fire! Engineer 481 3861 4054 4256 4470 4693
Fire Fighter 457 3436 3608 3789 3978 4177
Fire! Safety Specialist 460 3488 3663 3846 4038 4240
Fire! Inspector/lnvest. 499 4219 4430 4651 4884 5128
Haz. Mat. Specialist 480 3846 4038 4240 4452 4675
THREE PERCENT (3%) SALARY INCREASE EFFECTIVE 02127/00
CLASSIFICATION RANGE STEP A STEP B STEP C STEP D STEP E
after 6 mas after 6 mas after 6 mos after 1 year
Fire! Captain 517 5597 5597 5597 5597 5597
Fire! Engineer 487 3978 4177 4386 4605 4835
Fim Fighter 463 3537 3714 3899 4094 4299
Fim Safety Specialist 466 3590 3770 3958 4156 4364
Fim Inspector/I nvest. 505 4342 4559 4787 5026 5278
Ha:z. Mat. Specialist 486 3958 4156 4364 4582 4811
In a.ddition. by March 1.2000. the parties shall jointly survey the total compensation (i.e. PERS reportable compensation) for
all fire departments within Orange County, and adjust the base salary on a rank for rank basis by that percentage necessary to
place each rank at the figure equal to the third highest in total compensation from the survey. For example, if the department
with the third highest compensated rank of fire fighter equals the amount X, the base salary for Orange City fire fighters
will be increased by that percentage necessary to equal the amount X. In no event, however, shall any employee receive
less than a 3% base increase effective March 1,2000.
40
LETTER OF UNDERSTANDING
BETWEEN
THE CITY OF ORANGE
AND
THE ORANGE CITY FIRE FIGHTERS, LOCAL 2348,
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-
CIO EFFECTIVE MARCH 1, 1998 THROUGH July 1,
1999 This Letter of Understanding ( the "LOU" ) is entered into by and
between the City of Orange (the "City") and the Orange City Fire Fighters, Local
2348,International Association of Fire Fighters, AFL-CIO, (
the "Union").In January, 1998, the City and Union met and engaged in the Meet
and Confer process to establish our next contract. These discussions resulted in this
LOU between the City and the Union, who have agreed to
the following:TEMPORARY VACATING"
OF POSITIONS a. The Union agrees to extend the "temporary vacating" of four (4)
positions for the duration of this letter of understanding. These
positions are:Three Fire Inspectors (formerly filled by Ford, MacDonald
and Hill )One Deputy Fire Marshal (formerly filled
bySmith)u.s.e. OF THE FOUR PERSONNEL I Fillln9
of Vacancies a. The Union agrees to use the four safety personnel listed above to
help staff Orange Fire Station #8. If Orange Fire Station #8 isn'
t permanently operational by July 1, 1999 all four positions that are temporary
vacant will be filled effective July 1, 1999 unless the Union
RATIFICATION AND EXECUTION
The City and the Union acknowledge that this Letter 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 Letter of Understanding is herebyexeclltedbytheauthorizedrepresentativeoftheCityandtheUnionandenteredinto
this 1 st day of March, 1998.
City of O[ange Orange City Fire Fighters,
Local 2384, International
Association of Fire Fighters,
AFL~
By: :;;~~~
Jt~
By:
By: