RES-8695 MOU Orange City Fire Fighters, Inc. effective 03-01-1996 to 02-28-1998RESOLUTION 8695
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ORANGE REPEALING RESOLUTION NO. 8677, AND 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
1,1996 THROUGH AND INCLUDING FEBRUARY 28,
1998 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1996 to and including February 28, 1998 and have repealed Resolution 8677
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 forth herein.Adopted this2..4..1;.tday
of
Seotember ,
1996.I ATTEST:City Clerk of the
ity of Orange I hereby certify that the foregoing Resolution was duly
and regularly adopted by the City Council of the City of Orange at a regular meeting thereof
held on the 24th day of SePtemb~1996 by
AYES: COUNCIL MEMBERS: MURPHY, BARRERA, COONTZ, SPURGEON, SLATER
NOES: COUNCIL MEMBERS: NONE
ABSENT: COUNCIL MEMBERS: NONE
ABSTAIN: COUNCIL MEMBERS: NONE
2
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF ORANGE
AND
ORANGE CITY FIRE FIGHTERS, INC.
INDEX
Article No. Title of Article Pace 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 6 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
Article No. Title of Article Paae No.
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
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: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
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 Appendix A.
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 "e" to Step "0",
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
2) The recommendation of the Fire Chief and the approval of the
Personnel Director shall be forwarded to the Finance Director for change of
payroll 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. Lenoth of Service Reouired 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 (Y:z) 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 himlher an increase of at least
one 1) salary step. At the discretion of the Fire Chief and the Personnel
Director except for those positions that are paid at a flat rate, an employee may
be granted a two or three salary step increase upon
promotion.B. ProQationarv 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 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
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/
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.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.
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. 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 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.SECTION4.4. 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 that calendar year or 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
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.
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, "
B. "Acting positions" are to be chosen on a voluntary basis from active
eligibility lists.
C. Utilization of "acting" personnel will occur in lieu of "mandatory
overtime call back" to fill vacant positions.
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
9
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.
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. Effective September 1,1990,
the City shall contribute to the Union ninety three dollars and eighty cents ($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.
10
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
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.
11
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
12
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 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.SECTION9.4 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.
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
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 hislher 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.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.SECTION 11.4 MILITARY LEAVE OF ABSENCE. If an employee
is required to take military training two weeks each year, he shall be entitled to military
leave of absence under the provisions of State law, found in Section 395-
395-02 of the
Military and Veterans Code.SECTION 11.5 SICK LEAVE. Sick leave with pay
shall be allowed, credited,and accumulated in
accordance
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 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 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
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 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 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
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 Section21382.4). 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.
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 (i.e., Firefighters and Fire Safety Specialists who meet the requirements) the
2% at age 50 retirement formula, as set forth in Section 21252.01 of the California
Government Code. Effective on July 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.
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 hislher return, the City Manager may authorize
advance payment of the estimated amount of the travel expense to the employee.
19
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 hislher 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 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. WeighUBody Fat: Employees shall
maintain their weighUbody fat within established standards based upon their age,
height and bone structure,as established
by
B. Smoking: As a condition of employment, new employees shall
refrain from smoking on duty.
1) Existing employees will be encouraged to become non-
smokers;be provided with information and/or training to assist such effort and, the
City may provide medical assistance as
required.2) Designated smoking/non-smoking regulations and areas
will be established in all Fire
Department buildings.C. Physical Fitness: The City shall allow and encourage
employees to participate to recognized physical fitness programs while on duty
before 0830 and after 1700 which shall not conflict with the Department's
ability to provided services or previously scheduled activities. The
physical fitness programs presently
recognized are:1) "Good Health Through Physical Fitness", L.A.
Fire Department 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) WeighUbody fat 2)
Resting heart rate
3) Blood pressure 4) Exercise heart rate (Karch level) as described in
the Good Health Through
Physical Fitness manual.The above will be recorded and forwarded to
the Department Medical Officer for file and evaluation. Personnel unable
to maintain their 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
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.
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 22
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.
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.
23
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 continup current Fire Department policy with respect to
the establishment of perior 11 Idnce
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.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
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.
25
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(s).SECTION 20.4. In accordance with current practice, the
on-duty Shift Commander shall be given sufficient notice by the Union Representative(
s) of such on-duty representation
during normal working hours.SECTION 20.5. Union Representation,
including the processing and investigating of grievances, shall not unreasonably interfere
with employees in the
performance of their duties.SECTION 20.6. Upon notice to the City, and approval of the
Fire Chief, or his designee, Union officials or other designees shall be granted
leave
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.
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.
27
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.
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.
29
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 Cityand/
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 day of ,
1996.
CITY OF ORANGE
BY:
BY:
BY:
BY:
31
ORANGE CITY FIRE FIGHTERS INC.,
LOCAL 2384 OF THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS,
AFL-
CIO:
BY:
BY:
BY:
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:
Years of
Service
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
ACCRUAL RATE 12.56 HOURS = 1 DAY
Hours per
Year
138.0
141.3
157.0
172.7
188.0
194.3
200.6
206.9
213.2
219.5
225.8
232.1
238.4
244.7
251.0
257.3
263.6
269.9
276.2
282.5
288.8
295.1
301.4
307.7
314.0
320.3
326.6
332.9
339.2
345.5
Days per
Year
11.00
11.25
12.50
13.75
15.00
15.50
16.00
16.50
17.00
17.50
18.00
18.50
19.00
19.50
20.00
20.50
21.00
21.50
22.00
22.50
23.00
23.50
24.00
24.50
25.00
25.50
26.00
26.50
27.00
27.50
Shifts
Per Year
5.75
5.88
6.54
7.20
7.83
8.10
8.36
8.62
8.88
9.15
9.41
9.67
9.93
10.20
10.46
10.72
10.98
11.25
11.51
11.77
12.03
12.30
12.56
12.82
13.08
13.35
13.61
13.87
14.13
14.40
Except, however, if the fire suppression hours should drop below 55.9 hours
per week, vacation accrual shall be subject to meet and confer, as to all Fire
Department personnel employed on a 24-hour
basis.
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
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
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:
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
35
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 IRetroactive) 12% Increase)
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 4859 4859 4859 4859 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 4582 4582 4582 4582 4582
HAZ. MAT. SPEC. 457 3436 3608 3789 3978 4177
Effective December 22.1996 13% Increase)
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 5002 5002 5002 5002 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 4716 4716 4716 4716 4716
HAZ. MAT. SPEC. 463 3537 3714 3899 4094 4299
36
Effective Auaust 31. 1997 12.5% Increase)
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 499 5128 5128 5128 5128 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 4835 4835 4835 4835 4835
HAZ. MAT. SPEC. 468 3626 3807 3998 4198 4408
37
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, 1996 THROUGH FEBRUARY 28,
1998 This Letter of Understanding ( the "LOU" ) is entered into by andbetweentheCityofOrange (the "City") and the Orange City Fire Fighters, Local2348,International Association of Fire Fighters, AFL-CIO, (
the "Union").In January, 1996, the City and Union rnet and discussed issues related
to fiscal problems that the City and Fire Department encountered at the end ofits1995-1996 fiscal year. The discussion resulted in this LOU between the City andtheUnion, who have agreed
to the following:TEMPORARY
VACATING" OF POSITIONS a. The Union agrees to extend the '~emporary 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 by Smith)USE BRUSH SQUAD -
7 PERSONNEL a. The Union agrees to use the six personnel fromBrushSquad-7 3 - Engineers, 3 - Fire Fighters) to help staff the Fire Department's.
transportation program. If tbe transportation program ends at the end of the two yearstudyperiod, Brush Squad - 7 will return to its normal use with its original staffing of
3 - Engineers. 3 - Fire Fighters) unless the Union agrees to a different resolve.
Filling of Vacancies
All temporary vacant positions will be filled and Brush squad 7 will be returned
to normal use effective February 28, 1998, ( unless the Union agrees to extend for a
specific period of time" temporary vacating of positions", or other use of Brush squad 7
personnel ).
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 hereby
executed by the authorized representative of the City and the Union and entered into
this 1 st day of March, 1996.
City of Orange
By. Quo v.
Orange City Fire Fighters,
Local 2384, International
Association of Fire Fighters.
AFL- CIO
By:?~a~/~
By: U&d ce- X~
By:
By:
By:
By:
By:
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, 1996 THROUGH FEBRUARY 28,
1998 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, 1996, the City and Union rnet and discussed issues related
to fiscal problems that the City and Fire Department encountered at the end of
its 1995-1996 fiscal year. The discussion 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 by Smith)USE BRUSH SQUAD -
7 PERSONNEL a. The Union agrees to use the six personnel from Brush
Squad -7 3 - Engineers, 3 - Fire Fighters) to help staff the Fire Department's. transportation
program. If lhe transportation program ends at the end of the two year study
period, Brush Squad - 7 will return to its normal use with its original staffing of 3 -
Engineers, 3 - Fire Fighters) unless the Union agrees to a different resolve.
Fillina of Vacancies
All temporary vacant positions will be filled and Brush squad 7 will be returned
to normal use effective February 28, 1998, ( unless the Union agrees to extend for a
specific period of time" temporary vacating of positions", or other use of Brush squad 7
personnel ).
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 hereby
executed by the authorized representative of the City and the Union and entered into
this 1st day of March, 1996.
City of Orange
v~
Orange City Fire Fighters,
Local 2384, International
Association of Fire Fighters,
AFL- CIO
BY:?;;~&U~
By:~a-~
By:
By:
By:By:
By:
By: