RES-8677 MOU Orange City Fire Fighters, Inc. Local 2384 effective 03-01-1996 to 02-28-1998RESOLUTION 8677
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 TERMS AND CONDITIONS
OF EMPLOYMENT EFFECTIVE MARCH 1, 1996 THROUGH AND
INCLUDING FEBRUARY 28, 1998 AND REPEALING RESOLUTION NO. 7624
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, 1996 to and
including February 28,1998 and have repealed Resolution 7624 and amendments thereto for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 "A", as fully
set forthherein.Adopted this.ll day
of
Auaust
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
ngn~t , 1996 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
COUNCILMEMBERS: MURPHY, BARRERA, COONTS, SPURGEON, SLATER
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
COUNCILMEMBERS: NONE
2
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
ORANGE CITY FIRE FIGHTERS, INC.
INDEX
Article No. Title of Article Paae No.
Recognition of Union 1
II Non-Discrimination
1 III Salaries
1 IV Work Week - Work Schedule 5
V Overtime Call back Pay; Shift Exchange 5
VI Insurance Program 8
VII Educational Reimbursement & Incentive Program 11
VIII Uniforms 12
IX Holidays 12
X Vacation 13
XI Other Leaves of Absence 14
XII Retirement 18
XIII Travel Expense Allowed 19
XIV Safety Standards 20
XV No Strike - No Lockout 22 XVI
City Rights 23 XVII
Discipline & Discharge; Rules & Regulations 25 XVIII
Probationary Period (New Employees) 25 XIX
Payroll Deductions 26 ii
xx Union Representation 26
XXI Grievance - Arbitration Procedure 27 XXII
Scope & Application 29 XXIII
Term of Memorandum of Understanding 30 XXIV
Ratification and Execution 30 Appendix
Vacation Benefits - Schedule 1 32 Appendix Vacation
Benefits - Schedule 2 33 Appendix Vacation Benefits -
Schedule 3 34 Appendix Vacation Benefits - Schedule
4 35 Exhibit A Salary Ranges 36
3
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:Included: All employees of the Fire
Department Excluded: Fire Chief, 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 Federal
anti-discrimination
laws.
Article III SALARIES SECTION 3.1 BASIC COMPENSATION PLAN. A schedule
of job classifications together with salary rate ranges is set forth in Appendix A 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
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", "D" or "E", depending upon the employee's
qualifications. Personnel in classifications that have an assigned rate will be placed at
the assigned rate.
SECTION 3.3 SERVICE. The word service, as used in this Agreement, shall be
defined to mean continuous, full-time service in his/her present classification, service
in a higher classification, or service in a classification allocated to the same salary
range and having generally similar duties and requirements. A 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. 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 such advancement.B. Merit Advancements. An employee shall
be considered for advancement from Step "B" to Step "C", or Step "C" to Step "D", or
from Step "D"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 date of completion of the length of service
required for such advancement. Advancement to either Step "D" 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 statement recommending the granting or denial of the merit increase
and supporting such recommendation with
specific reasons therefor.2) The recommendation of the Fire Chief and the
approval of the Personnel Director shall be forwarded to the Finance Director for
change
status. Any disapproval of the request shall be returned to the Fire Chief with a
statement of the reasons for disapproval of the request.
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.
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 completion of the fireman's training or date of hire
for lateral appointments. For good cause, with the approval of
the
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 classification.
C. 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 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.
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
Certification Examination prior to the start of the clinical class work.
4
SECTION 3.9 ASSIGNMENT PAY. Fire Administrative Captain, Fire Prevention
Captain and Fire Training Captain shall receive seven and one-half percent (7.
5%)above the Fire Captain's
pay.SECTION 3.10 BILINGUAL BONUS. Effective August 1, 1990, Firefighters,
Fire Engineers and Fire Captains covered under this agreement who are in a
field assignment 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 those languages for which there is a demonstrated need for Fire Department
personnel as determined by the
City.Article
IV WORK WEEK - WORK SCHEDULE
SECTION 4.1 SUPPRESSION PERSONNEL. Fire suppression personnel will
work an average work week of 55.9 hours.
SECTION 4.2 ALL OTHER PERSONNEL. The regular work week for all other
personnel shall continue to consist of 40 hours, five (5) consecutive eight (8) hour days.
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 COMPENSATORY
OVERTIME SECTION 5.1 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 be used during the calendar
year or it shall be automatically paid on the first Pay
Period of the new 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
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
1) hour.
OVERTIME (PAID OVERTIME)
SECTION 5.5 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 (1-1/2) 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 (half time) on
actual 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 rank-
for-rank basis for the ranks of Firefighter,Engineer and Captain.SECTION 5.7.
From time to time, the Fire Department Administration may wish to send on-
duty personnel to Officer's Workshops or special classes. On these occasions,the Fire
Department and the Union agree to permit acting positions on a voluntary basis, not to exceed
one (1) shift in duration
for anyone platoon for anyone class or workshop except by mutual consent.
A. In those instances involving vacancies in the positions of Engineer or
Captain, and there are no volunteers appearing on the over-time
signup sheets,acting positions" may be utilized to fill the vacated position(s).
B. "Acting
positions" are to be chosen on a voluntary basis from active eligibility
lists.C. Utilization of "acting" personnel
will
CALL BACK PAY
SECTION 5.8
A. 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.B. 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.SHIFT
EXCHANGE SECTION 5.
9 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 INSURANCE
PROGRAM 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
Examples of how the City's Flexible Benefit contribution would escalate if an increase
occurs are shown below:
Single Premium Example
SAMPLE A
Current With $25 Increase in Premium
City Flexible Plan Contrib.
Plus City Health Contrib.
Less Insurance Premium
Difference to Employee
204
16
175 45
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.9
SAMPLE B
Current With $120 Increase in Premium
City Flexible Plan Contrib.
Plus City Health Contrib.
Less Insurance Premium
Difference to Employee
204
16
175 45
City
Flexible Plan Contrib.Plus
City Health Contrib.Less
Insurance Premium Difference
to Employee 259
16
295
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.SECTION 6.
2 UNION GROUP BENEFIT PLAN. The City shall contribute to the Union $93.
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
AND INCENTIVE PROGRAM 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 10
directly improve the knowledge of the employee relative to his/her specific job and must
be approved by the Fire Chief and the Personnel Director prior to registration.
Reimbursement will be based upon the final grade received according to the following
schedule:
GRADE
A
B
C
D or F
REIMBURSEMENT
100%
75%
50%
0-
Educational reimbursement payments to an employee shall not exceed $400 in one (1)
fiscal year and he/she must still be employed by the City when the course is completed.
SECTION 7.2 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 a
four year college leading to a Bachelor's
Degree.The Personnel Department will determine whether units are equivalent.
Employees,except those with master's degrees, must maintain eligibility by participating
in continuing, job related, educational courses, equivalent to three college units every
two
years.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 $300 per calendar year per uniformed member. This amount is to be
increased to $325 per calendar year per uniformed member effective December 22,
1996. 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 have the following legal holidays
10) in accordance with this Article:
1) January 1
2) The third Monday in February
3) The last Monday in May
4) July4
5) The first Monday in September
6) November 11
7) Thanksgiving Day
8) Day after Thanksgiving
9) Christmas Day
10) 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) hour 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, except one-half day before Christmas, fall on
a Sunday, the following Monday will be taken in lieu of the holiday. When any of
the above holidays fall on a Saturday, except one-half day before Christmas,
the preceding Friday will be deemed a holiday. If the day before Christmas falls on a
Saturday or Sunday, forty (40) hour personnel shall receive an additional four (4) hours
of
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. For purposes of this
benefit, employees will have credited one (1) floating holiday per year. This floating
holiday shall be taken as time off from work no later than the end of the calendar year.
Said employees then earn one (1) floating holiday effective each, January 1 during the
calendar year in which the floating holiday was earned. The floating holiday is not
accumulative and shall be forfeited should it not be taken during the calendar year it
was earned. For purposes of this benefit, said employee's anniversary year runs
January 1 through December 31. 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 "B", Vacation Benefits
A. For employees who work an average 55.9 hour work week.
SCHEDULE 1
B. For Fire Captains who work an average 55.9 hour work week.
SCHEDULE 2
C. For employees who work a regular forty (40) hour work week.
SCHEDULE 3
D. For Fire Captains who work a regular forty (40) hour work week.
13
SECTION 10.2 Vacation shall be taken at the convenience of the City with the
approval of the Fire Chief. Where possible, such vacation should be taken annually
and not accumulated from year to year. 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.Employees shall not accumulate vacation in excess of the equivalent number of
days earned in the immediately preceding twenty-four (24) month period, 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
prior to one (1) year of full-time employment shall not accrue any vacation
benefits either in cash reimbursement or time off prior
to their termination.SECTION 10.5. Employees who terminate their employment with
the City after one (1) year of full-time employment shall receive the pro-
rata portion of their
vacation pay
in cash reimbursement.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. 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 without pay.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.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
give three (3) shifts notice (suppression) or five (5) working days for forty (40) hour
personnel.
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 shall be turned over
to the
City.SECTION11.4 MILITARY LEAVE OF ABSENCE. If an employee is required
to take military training two weeks each year, he shall be entitled to military leave
of absence under the provisions of State law, found in Section 395-395-02
of the Military
and Veterans Code.SECTION 11.5 SICK LEAVE. Sick leave with pay shall be
allowed, credited, and accumulated in accordance
with the following:A. For employees who work an average of 55.9 hours, twelve (
12) hours of sick leave will accrue for each month of continuous service
after December, 1973.B. For employees who work a regular forty (40) hour week,
eight (8) hours of sick leave will be accrued for each month of continuous
service after
January 1, 1953.C. For employees who work an average 55.9 hours work
week, sick leave will be charged at the rate of one (1) shift, twenty-four (24)
hours for each work shift
an employee is absent.D. For employees working a regular forty (40) hour week,
sick leave will be charged at the rate of one (1) day, eight (8) hour for
each working day
an
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 forth (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
pay for bereavement leave.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; and 12
hours for suppression personnel.E. Sick leave may be applied only to absence caused by
illness or injury as set forth in Section 15.8) 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)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 (1) hour,while additional actual absence of over one (1) 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
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 the decedent
employee.SECTION 11.7 INDUSTRIAL ILLNESS OR INJURY. An employee who
is temporarily or permanently disabled, as a result of injury or illness arising out of and
in the course of his duties pursuant to the 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
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 A does not include that
portion of the employees' Public employees' Retirement System contribution paid
by the City. The City will pay 100% of the employees' total contribution.
D. 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.
E. The employee will be provided with a biweekly pay stub showing the
amount of contribution as deferred.
F. 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 15, 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
18
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.
Article XIII
TRAVEL EXPENSE ALLOWED
SECTION 13.1 AUTOMOBILE ALLOWANCE. Expense claims for the use of
private automobile must be submitted through the Fire Chief to the City Manager via the
Finance Director. Such use, if approved, will be reimbursed at the rate of thirty (30)
cents per mile.
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 of thirty (30) cents per mile 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, 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
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. WeighUBody Fat: Employees shall maintain their weighUbody fat within
established standards based upon their age, height and bone structure, as
established by recognized medical authority.
B. Smoking: As a condition of employment, new employees shall refrain
from smoking on duty.
1) Existing employees will be encouraged to become non-smokers;
be provided with information and/or training to assist such effort and, the City
may provide medical assistance as
required.2) Designated smoking/non-smoking regulations and areas
will be established in all Fire
Department buildings.C. Physical Fitness: The City shall allow and encourage
employees to participate to recognized physical fitness programs while on duty before
0830 and after 1700 which shall not conflict with the Department's ability
to provided services or previously scheduled activities. The physical
fitness programs presently
recognized are:1) "Good Health Through Physical Fitness", 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 (Le., 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)
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
weighUbody 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
weighUbody fat
3) Monitored for three (3) months to ensure weight is maintained
Personnel not maintaining their proper weighUbody 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:
Exercise mats, 3' x 6' outdoor carpet Bench
step for exercise and evaluation Skip rope
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.21
Article XV
NO STRIKE - NO LOCKOUT SECTION
15.1 UNION PROHIBITED CONDUCT. The Union, its officers, agents,representatives
and/or members agree that during the term of this agreement, they will not
cause or condone any strike, walkout, slowdown, or any other concerted job action by
withholding or refusing to perform services. A violation of this section by any employee
shall constitute just cause for discharge pursuant to Article XVII.SECTION
15.2 CITY PROHIBITED CONDUCT. The City agrees that it shall not lockout
its employees during the term of this Agreement. The term "lockout" is hereby defined
so as not to include the discharge, suspension, termination, layoff, failure to recall
or failure to return to work of the employees of the City in the exercise of its rights as
set forth in any of the provisions of this Agreement or applicable ordinance or law.SECTION
15.3 UNION RESPONSIBILITY. In the event that the Union, its officers,
agents, representatives, or members engage in any of the conduct prohibited in
Section 15.1 above, the Union shall immediately instruct any persons engaging in such
conduct that their conduct is in violation of this Memorandum of Understanding,and
request that all such persons immediately cease engaging in conduct prohibited in Section
15.1 above, and return to work.If
the Union acts in good faith to meet its responsibilities as set forth above, the Union,its
officers, agents, representatives and its members shall not be liable for damages for prohibited
conduct engaged in by employees who are covered by this Agreement in violation
of Section 15.1.SECTION
15.4. The City shall have the right to bring suit for damages and/or equitable
relief in the Courts for breach of this Article.Article
XVI CITY
RIGHTS SECTION
16.1 The City reserves, retains, and is vested with, solely and exclusively,
all rights of Management which have not been abridged by specific provision(
s) of this Memorandum of Understanding or by law to manage the City, as such
rights existed prior to the execution of this Memorandum of Understanding. The sole
and exclusive rights of Management, as they are not abridged by this Agreement or
by law, shall include the following rights:A.
To manage the City generally and to determine the issues of policy.22
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, Section22.4 Emergency
Waiver
Provision.
a. To continue those mutual response pact(s) outside the corporate limits
of the City that are currently in effect and to subcontract and enter into agreements
with other cities for the purpose of providing a multi-purpose training facility
and communications centers. The City agrees to negotiate with the Union
regarding the impact of any joint training agreement or any new mutual response
pacts and/or modifications to current
pacts.SECTION 16.2. Whenever the exercise of Management's rights shall impact
on employees of the bargaining unit, the City agrees to meet and confer with the
Union regarding the impact of the exercise of such rights. If the City discontinues
and individuals use of a City vehicle, the City will negotiate an equivalent
benefit.Article
XVII DISCIPLINE AND DISCHARGE: RULES AND
REGULATIONS SECTION 17.1 The City shall have the right to discipline (up to and
including suspension of employees) and discharge regular employees for "just
cause".SECTION 17.2 Probationary employees shall not be disciplined up to
and including discharge for reasons 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 discharge of any affected
employee.SECTION 17.4 The City shall have the right to issue reasonable employee
rules and regulations not in conflict with the express terms of this Memorandum
of Understanding, provided that such rules and regulations
are,A. Discussed with the Union prior to
adoption,B. Submitted to the Union prior to adoption,
and 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 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(
SECTION 20.4. In accordance with current practice, the on-duty
Shift Commander shall be given sufficient notice by the Union Representative(s) of such
on-duty representation during normal working
hours.SECTION 20.5. Union Representation, including the processing and
investigating of grievances, shall not unreasonably interfere with employees in the performance
of their
duties.SECTION 20.6. Upon notice to the City, and approval of the Fire Chief, or
his designee, Union officials or other designees shall be granted leave from work to
attend to Union business. The Fire Chief, or his designee, is authorized to grant up to a
total of 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 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 proceedings,
including adjustment of the
grievance.SECTION21.4 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.
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.
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.
28
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
and confer with the Union regarding the impact on employees of the suspension of
these provisions in the Memorandum of Understanding and/or City and/or departmental
rules and
policies.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, 1996 and shall continue in effect
until February 28,
1998.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, 1998, the parties shall meet and confer in good faith for the purpose
of reaching a new
agreement.Article
XXIV RATIFICATION AND
EXECUTION The City and the Union acknowledge that this Memorandum of
Understanding shall not be in full force and effect until ratified by the Union and adopted by the
City Council of the City of Orange. Subject to the foregoing, this Memorandum
of
Understanding in hereby executed by the authorized representatives of the City and the
Union and entered into this 13th day of )\nan"t , 1996.
CITY OF ORANGE ORANGE CITY FIRE FIGHTERS INC.,
LOCAL 2384 OF THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS,
AFL-
CIO:BY:
BY:BY:
BY:BY:
BY:BY:
BY:
VACATION BENEFITS
SCHEDULE 1
ACCRUAL RATE 12.56 HOURS = 1 DAY
Years of
Service
Hours per
Year
Shifts
Per Year
01-
04
05-
14
15-
24
25-
30
138 188
251
314
Days
per
Year
11
15 20
25 31
5.75
7.83
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 Hours per Days per Shifts
Service Year Year Per Year
1 138.0 11.00 5.75
2 141.3 11.25 5.88
3 157.0 12.50 6.54
4 172.7 13.75 7.20
5 188.0 15.00 7.83
6 194.3 15.50 8.10
7 200.6 16.00 8.36
8 206.9 16.50 8.62
9 213.2 17.00 8.88
10 219.5 17.50 9.15
11 225.8 18.00 9.41
12 232.1 18.50 9.67
13 238.4 19.00 9.93
14 244.7 19.50 10.20
15 251.0 20.00 10.46
16 257.3 20.50 10.72
17 263.6 21.00 10.98
18 269.9 21.50 11.25
19 276.2 22.00 11.51
20 282.5 22.50 11.77
21 288.8 23.00 12.03
22 295.1 23.50 12.30
23 301.4 24.00 12.56
24 307.7 24.50 12.82
25 314.0 25.00 13.08
26 320.3 25.50 13.35
27 326.6 26.00 13.61
28
332.9 26.50 13.87 29
339.2 27.00 14.13 30
345.5 27.50 14.40Except,
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.
32
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 & 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
34
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 "A"
Effective December 24. 1995 fRetroactivel f2% Increasel
BEGIN- AFTER AFTER AFTER AFTER
NING 6 MOS. 6 MOS. 6 MOS. 1 YEAR
CLASS TITLE RANGE STEPA STEP B STEPC STEP D STEP E
FIRE CAPTAIN 488 3998 4198 4408 4628 4859
FIRE ENGINEER 458 3453 3626 3807 3998 4198
FIRE FIGHTER 434 3070 3224 3385 3555 3732
FIRE SAFETY SPEC. 437 3117 3273 3436 3608 3789
FIRE INSP/INVEST. 476 3770 3958 4156 4364 4582
HAZ. MAT. SPEC. 457 3436 3608 3789 3978 4177
Effective December 22.1996 f3% Increasel
BEGIN- AFTER AFTER AFTER AFTER
NING 6 MOS. 6 MOS. 6 MOS. 1 YEAR
CLASS TITLE RANGE STEPA STEP B STEPC STEP D STEP E
FIRE CAPTAIN 494 4115 4321 4537 4764 5002
FIRE ENGINEER 464 3555 3732 3919 4115 4321
FIRE FIGHTER 440 3164 3322 3488 3663 3846
FIRE SAFETY SPEC. 443 3208 3368 3537 3714 3899
FIRE INSP/INVEST. 482 3880 4074 4278 4492 4716
HAZ. MAT. SPEC. 463 3537 3714 3899 4094 4299
35
Effective Auaust 31.1997 (2.5% Increase)
BEGIN- AFTER AFTER AFTER AFTER
NING 6 MOS. 6 MOS. 6 MOS. 1 YEAR
CLASS TITLE RANGE STEPA STEP B STEPC STEP 0 STEP E
FIRE CAPTAIN 499 4219 4430 4651 4884 5128
FIRE ENGINEER 469 3644 3827 4018 4219 4430
FIRE FIGHTER 445 3240 3402 3572 3751 3939
FIRE SAFETY SPEC. 448 3289 3453 3626 3807 3998
FIRE INSP/INVEST. 487 3978 4177 4386 4605 4835
HAZ. MAT. SPEC. 468 3626 3807 3998 4198 4408
36