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RES-9387 MOU Fire Fighters AssociationRESOLUTION NO. 9387 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ORANGE APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE CITY FIRE FIGHTERS, INC. LOCAL 2384 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO CONCERNING WAGES, HOURS, AND OTHER CONDITIONS OF EMPLOYMENT FOR THE PERIOD OF MARCH 1, 2001 THROUGH AND INCLUDING FEBRUARY 29, 2004 AND REPEALING RESOLUTION NO. 8990 AND AMENDMENTS THERETO FOR SAID EMPLOYEES WHEREAS, the City of Orange (hereafter "CITY") and the Orange City Fire Fighters.. Inc. Local 2384 (hereafter "UNION") have met and conferred in accordance with the requiirements of the Meyers-Milias-Brown Act; and WHEREAS, the CITY and the UNION have reached agreement on wages, hours and other conditions of employment for the period of March I, 2001 through and including February 29, 2004 and have repealed Resolution 8990 thereto for said employees as more particularly set forth in the Memorandum of Understanding attached hereto; and WHEREAS, on November 28, 2000, the City Council of the City of Orange adopted Resolution No. 9358, a Resolution of the City Council of the City of Orange Establishing a Letter of Understanding Between the City of Orange and the Orange City Fire Fighters, Local 2384, International Association of Fire Fighters, AFL- CIO effective March 1,2001 through February 29,2004; and W'lIEREAS, the City and the Union agreed to incorporate the provisions contained in the Letter of Understanding noted above into a new Memorandum of Understanding once both parties had an opportunity to review and concur on any and all language changes included! in the new Memorandum of Understanding;NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Orange that the attached Memorandum of Understanding (MOD) is approved and incorporated by reference as Exhibit "A", as fully set forth herein.ADOPTED this 13th day of March, 2001.City ATTEST: 1-tA~.a~J~~~Cassandra J. Cath , City Clerk of the City of Orange I hereby certify that the foregoing Resolution was duly and regularly adopted by the City Council of the City of Orange at a regular meeting thereof held on the 13th day of March, 2001 by the following vote: AYES: NOES: ABSENT: ABSTAIN:COUNCILMEMBERS: SLATER, ALVAREZ, MAYOR MURPHY, COONTZ COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE COUNCILMEMBERS: NONE IJ~iirt 0r~Cassandra J. Cathca , City Clerk of the City of Orange Exhibit" A"MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY of ORANGE AND THE ORANGE CITY FIRE FIGHTERS, LOCAL 2384 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS,AFL- CIO MARCH 1, 2001 THROUGH FEBRUARY 29, 2004 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF ORANGE AND THE ORANGE CITY FIRE FIGHTERS, LOCAL 2384 INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL- CIO TABLE OF CONTENTS Article No. Title of Article Pae;eNo. I Recognition of Union 1 11 Non- Discrimination III Salaries 2 IV Work Week - Work Schedule 6 V Overtime Call Back Pay; Shift Exchange 6 VI Health Insurance 9 VII Educational Reimbursement, Professional Development & 11 Incentive Programs VIII Uniforms 12 IX Holidays 12 X Vacation 14 XI Other Leaves of Absence 15 XII Retirement 19 XIII Travel Expense Allowed 21 XIV Safety Standards 22 XV No Strike - No Lockout 24 XVI City Rights 25 XVII Discipline & Discharge; Rules & Regulations 26 Article No.Title of Article Pal!:e No. XVIII Probationary Period (New Employees) 27 XIX Payroll Deductions 27 XX Union Representation 28 XXI Grievance - Arbitration Procedure 28 XXII Scope & Application 31 XXIII Term of Memorandum of Understanding 32 XXIV Ratification and Execution 32 Appendix A Vacation Benefits - Schedule I 33 Appendix A Vacation Benefits - Schedule 2 34 Appendix A Vacation Benefits - Schedule 3 35 Appendix A Vacation Benefits - Schedule 4 36 ExhibitB Salary Ranges 37 ii Article I RECOGNITION OF UNION SECTION 1.1. Pursuant to an Exclusive Recognition Election conducted and certified by the California State Conciliation Service on May 15, 1977 and the Employer-Employee Relations Policy of the City of Orange, the City of Orange (hereinafter called the "City"), recognizes the Orange City Fire Fighters, Inc. Local 2384 of the International Association of Fire Fighters, AFL-CIO (hereinafter called the "Union") as the exclusive representative of employees in the following unit:I) Included: All employees of the Fire Department.2) Excluded: Fire Chief,Employees, Emergency Battalion Chief.Administrative Secretary, Clerical Medical Services Manager, and Fire SECTION 1.2. Any modification or interpretation of the rights of the parties concerning recognition set forth above shall only be established in accordance with State law.Article II NON-DISCRIMINATION SECTION 2.1. The parties mutually recognize and agree to protect the rights of all employees herein to join and/or participate in protected Union activities or to refrain from joining or participating in protected activities in accordance with State law.SECTION 2.2. The City and the Union agree that they shall not discriminate against any employee because of race, color, sex, age, national origin, political or religious opinions or affiliations, or physical condition as defined by State and Federal law. The City and the Union shall reopen any provision of this Agreement for the purpose of complying with any final order of a Federal or State agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this Agreement in compliance with State or Federal anti- discrimination Article III SALARIES SECTION 3.1. BASIC COMPENSATION PLAN. A schedule of job classifications together with salary rate ranges is set forth in Exhibit "B" and attached hereto. Said salary rates shall be effective as indicated. All employees within the bargaining unit shall be classified in a classification in accordance with the terms of Exhibit "B." SECTION 3.2. BEGINNING RATES. A new employee of the City of Orange shall be paid the rate shown in Step "A" in the range allocated to the class of employment for which he/she has been hired, except that on the request of the Fire Chief under whom the employee will serve, and with authorization of the Personnel Director, such employee may be placed in Step "B", "C", "D," or "E", depending upon the employee's qualifications. Personnel in classifications that have an assigned rate will be placed at the assigned rate. SECTION 3.3. SERVICE. The word service, as used in this Agreement, shall be defined to mearl continuous, full-time service inhis/her present classification, service in a higher classification, or service in a classification allocated to the same salary range and having generally similar duties and requirements.A. A lapse of service by any employee for a period of time longer than thirty ( 30)calendar days by reason of resignation or discharge, shall serve to eliminate the accumulated length of service time of such employees for the purpose of this Agreement. Such employees re-entering the service of the City, shall be considered as a new employee, except that he/she may be re-employed within one (1) calendar year and placed in the same salary step in the appropriate compensation range as he/she was at the time of the termination ofemployment.SECTION 3.4. ADVANCEMENT WITHIN SCHEDULE. The following regulations shall govern salary advancements within ranges:A. Merit Advancement. Effective January 1, 2001, employees shall be considered for advancement from Step "A" to Step "B," or from Step "B" to Step "C", or from Step "C" to Step "D", or from Step "D" to Step "E", upon completion of the minimum length of service as specified in Section 3) below. A merit increase shall become effective the first pay period following the completion of the length of service required for such advancement. Advancement through the salary steps shall be granted when an employee demonstrates ability and proficiency in the performance of his or her duties. Such merit advancement shall require 1) The Fire Chief shall file with the Personnel Director a Personnel Action Form and a completed Performance Evaluation Form recommending the granting or denial of the merit increase and supporting such recommendation with specific reasons therefore. Any disapproval of the request shall be returned to the Fire Chief with a statement ofthe reasons for disapproval of the request.2) The recommendation of the Fire Chief and the approval of the Personnel Director shall be forwarded to the Payroll Division of the Finance Department for change of payroll status.3) Advancement through the pay range Steps "A" to "B" and "D" to "E"shall occur in yearly increments. Advancement through pay range Steps B" to "c" and "c" to "D" shall occur in six (6) month increments.B. Special Merit Advancement. When an employee demonstrates exceptional ability and proficiency in the performance of hislher duties, the Fire Chief may recommend to the Personnel Director that said employee be advanced to a higher pay step without regard to the minimum length of service provisions contained in this Agreement. The Personnel Director may, on the basis of a Fire Chiefs recommendation, approve and effect such advancement.C. Length of Service Required When Advancement is Denied. When an employee has not been approved for advancement to the higher salary step, he/she may be reconsidered for such advancement at any subsequent time. This reconsideration shall follow the same steps and shall be subject to the same action as provided in the above paragraph ofthis section.SECTION 3.5. WORKING OUT OF CLASS.A. Employees in the Fire Department temporarily upgraded to the classification of Battalion Chief, Fire Captain, or Fire Engineer shall receive a five percent (5%)pay differential for all hours worked in the higher job classification, if they are assigned to work in the higher job classification for a period of one-half (Y2) of one ( 1) complete work shift or longer.B. In no event shall the employee be paid at a step of the class in 'which the employee receives less than a five percent (5%) increase in pay.3 SECTION 3.6. PROMOTION. A. Salary. When an employee is promoted to a position in a higher classification, he/she may be assigned to Step "A" in the appropriate range for the higher classification; provided, however, that if such employee is already being paid at a rate equal to or higher than Step "A", he/she may be placed in that appropriate salary range as will grant himlher an increase of at least one (1) salary step. At the discretion of the Fire Chief and the Personnel Director except for those positions that are paid at a flat rate, an employee may be granted a two or three salary step increase upon promotion. B. Probationary Period. An employee who is promoted to a class shall serve a probationary period during which he/she shall have an opportunity to demonstrate suitability fOf the job. For safety members, the probationary period shall be twenty-six (26) pay periods from the promotion or date of hire for lateral appointments. For good cause, with the approval of the Personnel Director and concurrence of the Union and the employee, the Fire Chief rnay extend such probationary period up to an additional six months. The employee shall attain permanent status in the class upon successful completion of the probationary period. An employee who does not satisfy the standards of the class during the probationary period, shall be notified, in writing. Such notice shall include the reasons for such action. If permanent status to the class is not achieved, such employee shall be demoted to the appropriate step in his former classification.C. Rate of Pay. If an employee's rate of pay is greater than the rate of pay in the classification to which he/she is being promoted, said employee shall remain at their higher rate of pay until their new classification either matches or passes that employee's rate of pay. For example, if a Fire FighterIParamedic is promoted to Fire Engineer, he/she shall continue to be paid at the Fire FighterIParamedic rate,until such time that the top step of pay for Fire Engineer exceeds the top step fate of a Fire FighterIParamedic.D. Probationary Period for Temporary Employees. Employees who are temporarily promoted for a period of twenty-six (26) straight pay periods shall be deemed to be permanently promoted and to have fulfilled their probation for that promotion.SECTION 3.7. DEMOTION. If, pursuant to the provisions of this Memorandum of Understanding, an employee is demoted to a position in a lower classification, the new salary fate shall be fixed in the appropriate salary range for the lower classification, in accordance with the following provisions:A. Salary rates shall be reduced by at least one (1) step, B. The new salary rate must be within the salary range for the classification to which demoted. SECTION 3.8. PARAMEDICS. A. Fire Captains, Fire Engineers or Firefighters assigned as Paramedics shall receive in addition to their base salary, an additional fourteen (14%) per month to be computed based on the "E" step of the Firefighter classification. Moreover, any Fire Captains, Fire Engineers or Firefighters assigned as Paramedics shall receive, in addition to their base salary, an additional $50 per month upon the first re-certification; an additional $50 per month upon each subsequent re- certification up to a maximum of four re- certifications.B. The City agrees to provide a compensation plan for employees Paramedic training which will provide the student Paramedic a five percent (5%) bonus, in addition to their base salary, upon successful completion of the College final examination prior to the start of the field internship.SECTION 3.9. ASSIGNMENT PAY.A. Fire Administrative Captain, Fire Prevention Captain and Fire Training Captain shall receive ten percent (10%) above the Fire Captain's pay.B. The Fire Safety Specialist assigned to perform the Plans Examiner function or the Hazardous Materials Specialist function will receive ten percent (10%) above their base pay.SECTION 3.10. BILINGUAL BONUS. Effective September 1, 1990, the Fire Chief may place employees covered under this agreement in a Bilingual Assignment. Employees on Bilingual Assignment shall receive an additional seventy dollars ($70.00) per month, per employe,e, in addition to their regular salary for the duration of the assignment. The number of Bilingual Assignments shall be limited to those determined to be necessary by the Fire Chief. Employees shall be required to demonstrate bilingual competency to be eligible for Bilingual Assignments, and must demonstrate continued proficiency armually, thereafter. The Personnel Department shall be responsible for developing and conducting bilingual skill competency tests. Bilingual Assignments shall be limited to those languages for which there is a demonstrated need for Fire Department personnel as determined by the City. SECTION 3.11. EMT RESCUE TRANSPORT BONUS. Effective March 1, 1998, fire fighters assigned to rescue/transport shall receive $100.00 per month during the period of such assignment. Fire fighters may be assigned at the discretion of the Fire Chief or his designel:. EMT.P's are not eligible for this bonus. 5 SECTION 3.12. CRIME SCENE INVESTIGATOR BONUS. Effective March I, 1998, Fire/Arson Investigators assigned to perform duties as Crime Scene Investigators shall receive $100.00 per month in addition to their base salary during the period of such assignmfmt. Fire/Arson Investigators may be assigned at the discretion of the Fire Chief or his designee. Article IV WORK WEEK - WORK SCHEDULE SECTION 4.1. SUPPRESSION PERSONNEL. Fire suppression personnel will work an average work week of 55.9 hours.SECTION 4.2. ALL OTHER PERSONNEL. The regular work week for all other personnd shall continue to consist of 40 hours, five (5) consecutive eight (8) hour days, or four ( 4) lien (10) hour days, or a 9/80 work schedule.SECTION 4.3. For fire suppression personnel, the current three (3) platoon work schedule consisting of twenty-four (24) hour shifts commencing at 0700 shall continue in effect. SECTION 4.4. The work cycle for sworn Fire Department suppression personnel will be nine (9) days within a 27-day work period.Article V OVERTIME CALL BACK PAY; SHIFT EXCHANGE SECTION 5.1. COMPENSATORY OVERTIME. Compensatory time shall be paid as follows:A. For fire suppression employees having an average work week of 55.9 hours,compensatory time shall accumulate at the premium rate of one and one-half1 Y:z) hours of compensatory time for each one (I) hour of overtime actually worked in excess of the employee's regularly scheduled working hours for a pay period.B. For employees having an average work week of forty (40) hours, compensatory time shall be accumulated at the premium rate of one and one-half (1 Y:z) hours of compensatory time for each one (1) hour of overtime actually worked during the employee's regular C. Only time actually worked shall count in the computation of overtime at the premium rate (time and one-half), except for call back in accordance with this Article.D. Compensatory time for overtime will be accumulated in one-half (Y:z) hour per day increments. Where an employee works less than one-half (Y:z) hour per day of overtime, the employee shall not receive compensatory time for overtime of less than one-half (Yz) hour per day work. In order to be entitled to compensatory time, such compensatory time must be authorized by the Fire Chief and approved by the Personnel Director. Accumulated compensatory time not taken off in the calendar year in which it was earned may be carried over to the next year in accordancewith Section 5.3C.E. Effective September 30, 1993, Suppression Personnel shall have the opportunity to accrue "Comp Time" for time worked in the following marmer: If the employee works a 24-hour overtime shift, he/she may elect to receive up to a maximum of24 hours ofcomp time and 12 hours cash for FLSA premium pay.SECTION 5.2. PAYMENT UPON TERMINATION. Employees shall be entitled to receive payment for all accumulated compensatory time upon their termination.SECTION 5.3. USAGE OF COMPENSATORY TIME PREVIOUSLY EARNED.A. Accumulated compensatory time off may be taken by an employee upon reasonable notice and prior approval of the Fire Chief.B. In approving compensatory time off, Management will, as far as practicable,attempt to accommodate employee convenience to the degree possible in light of the operational requirements of the Fire Department.C. Effective January I, 2001:1. For all employees hired after January 1, 2001, an employee's accrual of non-FLSA Compensatory Time Off shall be capped at 180 hours per calendar year. Any compensatory time accrued over 180 hours will be automatically paid in the following pay period.2. For employees hired prior to January 1,2001, an employee's accrual of non-FLSA, non-holiday Compensatory Time Off shall be capped at 360 hours per calendar year. Any compensatory time accrued over 360 hours will be automatically paid in the following pay period.3. Effective January 1, 2002, the cap shall be reduced to 220 hours per calendar year for employees hired prior to January 1, 2001. accrued over 220 hours will be automatically paid in the following pay period. SECTION 5.4. In any instance involving use of a fraction of a day's compensatory time, the minimum charge to the employee's compensatory time account shall be one-half (1/ 2) hour.SECTION 5.5. OVERTIME (PAID OVERTIME). Compensatory time shall be paid at the regular rate of payor equal time off, when authorized by the Fire Chief and approved by the Personnel Director. Overtime shall be paid in accordance with the existing requirements of the Fair Labor Standards Act ("FLSA"). All "premium" overtime hours worked by covered (non-exempt) employees (either regular 40-hour work week or 24-hour day/56-hour suppression" work week) shall be compensated at one and one- half (1 Y2) the employee's regular rate of pay. Half-time overtime (premium pay) shall be calculated on a 27-day FLSA cycle and will be received during the pay period following the end of the 27-day cycle in which it is worked. Regular scheduled hours worked, minus leave time taken, plus overtime worked, determines actual hours worked. Employees are entitled to premium pay halftime) on actual hours worked in excess of204 hours during the 27-day FLSA cycle.SECTION 5.6. Nothing herein is intended to limit or restrict the authority of the City to require any employee to perform overtime work pursuant to the current "draft box"rotational procedure. Such procedure may be changed pursuant to agreement between the Union lmd the City. Except in emergency situations, all overtime coverage (sick leave,vacation, etc.) will be on a rank-for-rank basis for the ranks of Firefighter, Engineer and Captain.SECTION 5.7. From time to time, the Fire Department Administration may wish to send on-duty personnel to Officer's Workshops or special classes. On these occasions, the Fire Departrlent and the Union agree to permit acting positions on a voluntary basis, not to exceed one (I) shift in duration for anyone platoon for anyone class or workshop except by mutual Gonsent. A. In those instances involving vacancies in the positions of Engineer or Captain,and there are no volunteers appearing on the over- time signup sheets, "acting positions" may be utilized to fill the vacated position(s). B. " Acting positions" are to be chosen on a voluntary basis from active eligibility lists. C. Utilization of "acting" personnel will occur in lieu of "mandatory overtime call back" to fill vacant positions.SECTION 5.8. CALL BACK PAY. When a fire suppression employee is required to report back to work after completing a normal work shift, and having left City premises and/or work locations, of compensatory time as call back pay. Forty (40) hour personnel will receive two 2) hours minimum as compensatory time for call back pay. Call back compensatory time shall be paid at the premium rate of time and one-half or equal time off, when authorized by the Fire Chief and by the Personnel Director. A. During time of disaster, when so proclaimed by the Mayor of the City, overtime for all fire personnel shall be computed as though the fire personnel worked a forty (40) hour week. SECTION 5.9. SHIFT EXCHANGE. A. Employees shall have the right to exchange shifts when the change does not interfere with the operation of the Fire Department, with the permission of the Shift Commander upon 24-hour notice, except in the case of emergency. No obligation shall accrue to the City as a result of the operation of this provision.B. It shall be the responsibility of the individual who has agreed to work to report for duty or, if unable to report for duty, make arrangements for his replacement.In the event he is unable to find a replacement, the City may hire an overtime replacement and charge the vacation or compensatory time of the individual who was unable to report for duty.Article VI HEALTH INSURANCE SECTION 6.1. GROUP HEALTH INSURANCE. Effective July I, 1994, the City shall contract with the Public Employees' Retirement System (PERS) to make available those health insurance benefits provided under the Public Employees' Medical and Hospital Care Act (PEMHCA). The PERS Health Benefits Plan shall replace any other health benefits program maintained by the City or Union for eligible employees, eligible retirees, and their eligible surviving armuitants. Employees may participate in only one of the health plans offered by PERS. A. Except as provided in Section B Flexible Benefits Plan, the City shall contribute toward the payment of premiums under the PERS Health Benefits Plan on behalf of each eligible active employee, and to the extent required by law, each eligible retiree armuitant ofPERS, an equal contribution of$16.00 per month. B. Flexible Benefits Plan. For all active full time eligible employees, the following amounts per month to provide funds for optional dental plans, vision plans, health plans, or miscellaneous pay as established by the Internal Revenue Service, Section 125 Flexible Benefits Plan (this will not eliminate Section 6.2 as written below): 9 Single Two- Party Family 259. 00 502. 00 665. 00 The City's payment towards the Flexible Benefit Plan is exclusive of the $ 16 payment in Section 2A.C. An employee carmot be enrolled in the PERS Health Benefits Plan if a spouse is enrolled with the City or enrolled in an agency with PERS health, unless the employee (or the spouse) is enrolled without being covered as a family member.Additionally, an employee may choose to not be emolled in the PERS Health Benefits Plan. If an employee chooses not to be enrolled in a health plan, the employee must provide proof, as determined by the Personnel Director, that comparable medical insurance is in full force and effect. Based upon the determination that insurance is in full force and effect, eligible employees shall receive $121.00 per month toward the Flexible Benefits Plan in lieu of the amount stipulated in Section6.1 B. In the event that the employee loses eligibility (with documentation), the employee may enroll in the PERS Health Benefits Plan pursuant to the PERS Health Benefits Plan rules and regulations.SECTION 6.2. UNION GROUP BENEFIT PI.AN. Effective February 27,1999, the City shall contribute to the Union $113.80 per month per regular full time employee toward any group benefit plan(s) selected by the Union. Included in the union group benefit plan are the following; Life, Dental, Vision, and Long Term disability insurance. Such plan(s) shall be open to all bargaining unit employees and the Union shall hold the City harmless, defend and indemnify the City for any claims regarding the administration or payment of claims under any Union sponsored plan.Article VII EDUCATIONAL ASSISTANCE, PROFESSIONAL DEVELOPMENT AND INCENTIVE PROGRAMS SECTION 7.1. TUITION AND TEXTBOOK REIMBURSEMENT. The City will reimburse employees for the cost of tuition and textbooks required for approved community college and college courses. An approved course is one designed to directly improve the knowledge of the employee relative tohis/her specific job and must be approved by the Fire Chief arld the Personnel Director prior to registration. Reimbursement will be based upon the final grade received according to the following schedule: GRADE REIMBURSEMENT 100% 75% 50% 0-A B C DorF A. Effective July I, 1998, educational reimbursement payments to an employee shall not exceed $1,000 in one (1) fiscal year and he/she must still be employed by the City when the course is completed.SECTION 7.2. PROFESSIONAL DEVELOPMENT.A. The City agrees to allow reimbursement to employees of up to $400 of the 1, 000 allotted for activities that aid in their professional development.Reimbursable activities include the following:1. Attendance at job-related professional conferences, seminars and training classes. SECTION 7.3. EDUCATIONAL INCENTIVE PROGRAM. The City agrees to establish the following educational incentive program payable on a monthly basis for safety employees in the bargaining unit. AA. Degree .................................................................$100 60 Units* ....................................................................$100 AA Degree plus 30 "college level units"U ...............$140 90 Units*** ...............................................................$140 BA Degree .................................................................$180 MA. Degree................................................................ .$ 240 Compensation for 60 units shall apply if units are equivalent to an AA degree or would qualify the employee for junior status at a four-year college.At least one-half of the 30 "college level" units are to be job related or required for a Bachelor' s Degree.u*Compensation for 90 units shall apply if units are equivalent to an AA degree plus 30 upper division college units or would qualify the employee for senior status at a four-year college leading to a Bachelor' s Degree.The Personnel Department will determine whether units are equivalent. Employees, except those with master's degrees, must maintain eligibility by participating in continuing, job related, educational courses, equivalent to three college units every two Article VIII UNIFORMS SECTION 8.1. The City of Orange shall purchase uniforms for all regular uniformed members of the Fire Department. Total expenditures for the Fire Department shall not exceed $400 per calendar year per uniformed member. All uniforms thus purchased shall remain the property of the City of Orange. SECTION 8.2. All protective clothing or protective devices required of employees in the performlmce of their duties shall be furnished without cost to the employees by the Employ(:r. Article IX HOLIDAYS SECTION 9.1. Fire Department employees shall receive the following paid holidays in accordance with this Article: 1) January 1 (New Year's Day) 2) The third Monday in February (President's Day) 3) The last Monday in May (Memorial Day) 4) July 4 (Independence Day) 5) The first Monday in September (Labor Day) 6) November 11 (Veteran's Day) 7) Fourth Thursday in November (Thanksgiving Day) 8) Fourth Friday in November (Day after Thanksgiving) 9) December 25 (Christmas Day) 10) One Floating Holiday SECTION 9.2. A. Fire suppression employees who work an average work week of 55.9 hours, shall receive holiday pay in lieu of holiday time off or the equivalent in vacation time pursuant to policies established by the Fire Department and the Union. B. One working day equals twelve (12) hours for suppression personnel. C. Fire employees who have a regular forty (40) hour work week shall receive such legal holidays off with pay. SECTION 9.3. For those employees whose regular work week is forty hours, in the event any of the above holidays fall on a Sunday, the following Monday will be taken in lieu of 12 the holiday. When any ofthe above holidays fall on a Saturday, except one-half day before Christmas, the preceding Friday will be deemed a holiday. SECTION 9.4. Should an employee whose regular work week is forty (40) hours be required to work on a holiday, the employee shall receive straight time pay for all hours worked on the holiday or the equivalent time off as compensatory time. Work on a holiday must be approved by the Fire Chief. Employees shall receive no other compensation for working a holiday. SECTION 9.5. Should one of the holidays listed above fall during the employee's vacation period, the employee shall receive holiday pay and no charge shall be made against the employee's accumulated vacation. SECTION 9.6. The floating holiday shall be taken at the convenience of the City with the approval of the Fire Chief or his duly authorized agent. I) For purposes of this benefit, employees will have credited one (1) floating holiday as of January 1. 2) This floating holiday shall be taken as time off from work no later than the end of December 31" of the same year. 3) The floating holiday is not accumulative and shall be forfeited should it not be taken during the calendar year it was earned. 4) Employees under this section who terminate their employment with the City prior to using the floating holiday shall receive cash reimbursement for said holiday. Article X VACATION SECTION 10.1. Fire Department employees shall be entitled to vacations as follows: (See Appendix "A" Vacation Benefits Schedules 1 - 4)SCHEDULE 1 A. For employees who work an average 55.9-hour work week.SCHEDULE 2 B. For Fire Captains who work an average 55.9-hour work week. SCHEDULE 3 C. For employees who work a regular forty (40) hour work week. 13 SCHEDULE 4 D. For Fire Captains who work a regular forty (40) hour work week. SECTION 10.2. Vacation shall be taken at the convenience of the City with the approval of the Fire Chief. A. Where possible, such vacation should be taken armually and not accumulated from year to year. B. Vacation days not in excess of the equivalent number of days earned in the immediately preceding twenty-four (24) month period may be accumulated with the permission of the Fire Chief and the Personnel Director.C. Employees shall not accumulate vacation in excess of the equivalent number of days earned in the immediately preceding twenty-four (24) month period, such excess not taken by the employee, shall be automatically paid in the following pay period.SECTION 10.3. An employee may convert up to fifty percent (50%) of his current armual vacation accrual into pay in lieu of time off with pay. Such conversion may be so accompllished once in each calendar year.SECTION 10.4. Employees who terminate their employment with the City shall be paid for accmed vacation, if any, and the prorated portion of their final accrual. Prorated vacation shall be on the basis of one-twelfth (1/12) of the employee's armual vacation pay for each full month of service.Article XI OTHER LEAVES OF ABSENCE SECTION 11.1. LEAVE WITHOUT PAY. A regular employee, not under suspension,may make application for leave without pay as described herein. The following Leave Without Pay procedure shall apply:A. After all available leave benefits, including vacation, compensatory time, and other leave benefits have been completely used, a permanent employee, not under suspension, may make written application to the department head for leave without pay. No such leave will be considered absent a written application from the employee B. If the department head and the Personnel Director agree that such leave is merited and in the interest of the City, leave may be granted for a period not to exceed six (6) months following the date of expiration of all other allowable leave benefits. C. No employment or fringe benefits such as sick leave, vacation, health insurance,retirement, or any other benefits shall accrue to any employee on leave of absence without pay except as denoted under the FCML section below. During such leave in excess of five working days, no seniority shall be accumulated.D. Subject to and consistent with the conditions of the group health, life or disability plan, coverage may be continued during a leave, provided direct payment of the total premium by the employee is made through and as prescribed by the Payroll Division of the City. The City will pay up to six months of the Flexible Benefit Plan contribution for employees who are on long term disability leave.E. At the end of such leave, if the employee desires additional leave, written application must be made through the department head to the Personnel Director at least ten (10) days before the end of the six (6) month period, stating the reasons why the additional leave is required and why it would be in the best interests of the City to grant such leave of absence. If such additional leave is merited and would still preserve the best interests of the City, he may approve such extension of the leave of absence for a period up to but not to exceed an additional six months.F. If the employee does not return to work prior to or at the end of such leave of absence or extension of leave of absence, the City shall consider that the employee has terminated his employment with the City.G. An employee on leave of absence must give the City at least seven days' written notice of his intent to return to work prior to returning to work.H. Any employee who engages in outside employment during said leave of absence without prior notification and approval of the Personnel Director and department head may be subject to termination.I. Any employee who falsifies the reason for the request for said leave of absence may be terminated for falsifying a request for leave of absence or extension thereof.J. Such leave shall be granted on the same basis for pregnancy, childbirth,adoption, and other medically related conditions, except that such an employee shall retain his/her seniorityrights.15 K. FOIIDS setting forth the benefits available or such other pertinent information shall be maintained for distribution in the Personnel Services Department. SECTION 11.2. PERSONAL NECESSITY LEAVE. Employees may be allowed up to one (I) working day per month without pay for personal business with approval of the Fire Chief. Employees shall accrue no employment benefits for any personal necessity leave in excess of one (I) day per month. SECTION 11.3. JURY DUTY. When required to serve on a jury while on duty, all employees shall have time off for a period of actual service required on the jury. Employees shall receive their regular pay while serving on jury duty during their regular working hours,provided all jury fees paid to the individual employee, less automobile expenses allowed, are turned over to the City. If an off-duty employee is called as a witness on behalf of the City, he/she shall receive overtime pay. Any witness fees that accrue to the employee for his/her witness services for the City shall be turned over to the City. SECTION 11.4. MILITARY LEAVE OF ABSENCE. If an employee is required to take military training two weeks each year, he shall be entitled to military leave of absence under the provisions of State law, found in Section 395-395-02 of the Military and Veterans Code.SECTION 11.5. SICK LEAVE. Sick leave with pay shall be allowed, credited, and accumulated in accordance with the following:A. For employees who work an average of 55.9 hours, twelve (12) hours of sick leave will accrue for each month of continuous service after December 1973.B. For employees who work a regular forty (40) hour week, eight (8) hours of sick leave will be accrued for each month of continuous service after January 1, 1953.C. For employees who work an average 55.9 hours work week, sick leave will be charged at the rate of one (1) shift, twenty-four (24) hours for each work shift an employee is absent.D. For employees working a regular forty (40) hour week, sick leave will be charged at the rate of one (I) day for each working day an employee is absent.SECTION 11.6. SICK LEAVE USAGE. Any employee eligible for sick leave with pay shall be granted such leave for the following reasons:A. Personal illness or physical incapacity resulting from causes beyond the employee's control, including pregnancy, child-birth and other medically related conditions.B. Medical and dental office appointments during working hours, when authorized by the C. Bereavement Leave. The death or critical illness where death appears to be imminent of a member of the employee's immediate family. "Immediate family"is used in this Agreement as limited to any relation by blood, marriage, or adoption, who is a member of the employee's household, under the same roof,and any parent, substitute parent, parent-in-law, spouse, child, brother, or sister of the employee, regardless of residence. Days of absence due to bereavement leave shall not exceed five (5) working days for forty (40) hour personnel or three ( 3)twenty-four (24) hour shifts for 55.9 hour personnel, and shall be deducted from the employee's accumulated sick leave. An employee on bereavement leave shall inform his/her immediate supervisor of that fact, and the reasons therefore, as soon as possible. Failure to do so within a reasonable period of time may be cause for denial of sick leave with pay for the period of absence. The City may require proof of the relationship as a condition to Payment of sick leave with pay for bereavement leave.D. Family Leave. Employees working a regular forty (40) hour week may charge 48 hours per calendar year to sick leave for reasons of family illness. Employees who work an average 55.9 hour week may charge 72 hours per calendar year to sick leave for reasons of family illness.E. Sick leave may be applied only to absence caused by illness or injury (as set forth in Section 11.7) of an employee and may not extend to absence caused by illness or injury ofa member of the employee's family, except as set forth in (C) and (D)above. In any instance involving use of a fraction of a day's sick leave, the minimum charged to the employee's sick leave account shall be one- half (1/2)hour, while additional actual absence of over one-half (1/2) hour shall be charged to the nearest full hour. The Fire Chief shall be responsible for control of abuse of sick leave privileges if such absence exceeds four (4) working days for 40 hour work week personnel or two (2) twenty-four ( 24) hour shifts for suppression personnel. An employee may be required, as a condition to receiving sick leave pay, to furnish a certificate of illness issued by a licensed physician or nurse, or other satisfactory evidence of illness, in writing, on a form supplied for this purpose. The Fire Chief may establish a reasonable sick leave usage, monitoring and control program, to develop acceptable standards for attendance and usage,and to take appropriate action when necessary.F. The Union shall cooperate with the Fire Chief in reducing and curbing sick leave usage.G. Retirement. Upon retiring from City service and entering the Public Employees'Retirement System, an employee shall receive no pay for the first sixty (60) days of accrued sick leave; shall receive twenty-five percent (25%) pay for the next thirty (30) days of accrued sick leave after the first sixty ( shall receive fifty percent (50%) of the accrued sick leave for all accrued sick leave after said thirty (30) day period. H. Upon the death of an employee while employed by the City, one hundred 100%) percent of all accrued sick leave benefits shall be paid to the beneficiary of the deceased employee. Payment will be made when proper authorization is received from the estate of the decedent employee. SECTION 11.7. INDUSTRIAL ILLNESS OR INJURY. An employee who is temporarily or perm:mently disabled, as a result of injury or illness arising out of and in the course of his duties pursuant to the Workers' Compensation Laws of the State of California shall be granted Industrial Leave pursuant to the following: A. A Leave of Absence without loss of salary, in lieu of temporary disability payments, (which would be payable under the Workers' Compensation Laws) for the period of such disability, but not exceeding one year, or until such earlier date as such employee is retired on permanent disability pension, in accordance with Labor Code 4850 or as otherwise provided by the State Legislature. B. A Leave of Absence, beyond one year, as approved by Fire Department and Personnel Director, until, (1) such employee is retired on permanent disability pension; (2) such employee returns to work; or (3) it is determined that such employee's disability will preclude himlher from returning to work to perform hislher regular work duties. Such leave will be granted for not more than six (6) month intervals. Such employee may utilize accumulated sick leave benefits, either during such leave or upon termination of such leave if he/she has not returned to work, during which time such employee may utilize accumulative sick leave benefits. C. Total consecutive time for industrial leave for anyone industrial injury or illness shall not extend beyond twenty-four (24) consecutive months, unless such leave is extended by the Fire Department and the Personnel Director.D. Each employee who receives a work related permanent disability retirement pursuant to the Public Employees' Retirement System shall be paid all accumulated unused sick leave benefits, and are entitled to have such date of retirement delayed by a crediting of their accumulated sick leave in accordance with State Law. Article XII RETIREMENT SECTION 12.1. The City shall continue its present participation in the California Public Employ(: es' Retirement System. This participation shall include, but not be limited to:A. One (1) year Final Compensation (Government Code Section 20024.2).B. An increase in the 1959 Survivor's level of benefits to the third level Government Code Section 21382.4). This benefit shall become effective on or before July 1, 1991.C. The employees' base pay, as set forth in Exhibit B does not include that portion of the employees' Public Employees' Retirement System contribution paid by the City. D. The City will pay 100% of the employees' total contribution for non-safety employees. E. The City's report to the Public Employee's Retirement System will show this amount as the employees' contribution, and will include it as part of the employee's compensation. F. The employee will be provided with a biweekly pay stub showing the amount of contribution as deferred. G. As authorized by the Internal Revenue Service and from the California Franchise Tax Board, that portion of the employees' Public Employee's Retirement System contribution paid for by the City will be treated as deferred income. SECTION 12.2. Effective January I, 1990, the City amended its contract with the Public Employ<:es' Retirement System (PERS) to grant to Safety Members of PERS (i.e., Firefighters and Fire Safety Specialists who meet the requirements) the 2% at age 50 retirement formula, as set forth in Section 21252.01 of the California Government Code. Effectiv'l on July 1, 1990, the City shall pick up 100'Yo of the Safety's Employees' total contribution to PERS. SECTION 12.3. Effective July 1, 1994, the City will discontinue the practice of allowing employe, es to pay their own PERS during the last year of employment, while receiving a commensurate increase in salary. The City will return to the former practice wherein the City paid the employee's share of PERS. This practice will be consistent with current language as agreed to in the MOU Resolution 7264, Article XII, Section 12.1 and 12.2.19 SECTION 12.4. Effective December 7, 1997, non-sworn employees covered by this Resolution were required to pay 4% of their salary, pre-taxes, through payroll deduction, to fund the enhanced PERS 2% at age 55 retirement formula. Effective July 2, 2000, the City agreed to pick up the employee's 4% cost to fund the enhanced PERS 2% @ 55 retirement benefit ~Dr civilian employees. However, if at any time in the future, the City is required to contribute as the Employer to the PERS system for miscellaneous employees, the City will conduct an actuarial evaluation to determine what portion of that Employer contribution rate is due to the cost for the 2% @ 55 benefit. If any portion of the future Employer contribultion rate for miscellaneous employees is based on the cost for the 2% @ 55 benefit,all covered employees agree to pay that portion of the Employer rate, through pre-tax payroll deduction, to cover the cost of the 2% @ 55 benefit at that time, from a minimum of 0.5%not to exceed 4. 0% of salary.SECTION 12.5. The City shall amend its contract with PERS to grant the safety members of PERS effective May 20, 2001 (i.e., firefighters and fire safety specialists who meet the requirements) the 3% at age 50 Retirement Formula as set forth in Section 21362. 2 of the California Government Code. For the term of this Agreement, the City shall bear all costs associatf:d with this amendment up to seven percent (7%) of bargaining unit cost. In the event that the contract amn:Imrt exceeds 7% of bargaining unit cost, the amount in excess of 7% shall be shared equally between the City and the bargaining unit members.Article XIII TRAVEL EXPENSE ALLOWED SECTION 13.1. AUTOMOBILE ALLOWANCE. Expense claims for the use of private automobile must be submitted to Accounts Payable for reimbursement with department head signatur,e. Such use, if approved, will be reimbursed according to IRS regulations.SECTION 13.2. OUT OF CITY TRAVEL. If the estimated expense of contemplated travel out of the City is too great to expect the employee to finance the trip and be reimbursed upon his/her return, the City Manager may authorize advance payment of the estimated amount of the travel expense to the employee.SECTION 13.3. Tourist class airplane passage will be considered standard for out-of-town travel.SECTION 13.4. Use of personal cars for out-of- town trips, within the State, may be approved by the City Manager when use of commercial transportation is not available or practicall. If an employee prefers to use his/her personal car, he/she may be reimbursed the amount of the cost of the commercial transportation. A flat rate according to IRS regulations may be approved for use of personal cars SECTION 13.5. Air, rail, or public transportation used, expense for local transportation such as taxicabs and bus fare, will be allowed whenever such transportation is necessary for conduct of City business. In addition, the following expenses and charges will be allowed, whenever necessary, for the conduct of City business: A. Expense will be allowed for adequate lodging. Hotel accommodations shall be appropriate to the purpose of the trip B. Telephone and telegraph charges will be allowed for official calls and telegrams C. Expenses for meals will be reimbursed at actual cost.Article XIV SAFETY STANDARDS SECTION 14.1. The City shall abide by all applicable federal and state statutes, and local ordinances relating to health and safety.SECTION 14.2. The City shall maintain its current minimum marming standards with City Fire Department personnel.SECTION 14.3. HEALTH FITNESS STANDARDS. In an effort to improve and maintain the physical and mental well being of all fire safety personnel, and to reduce the frequency and intensity of work related injuries and illness, the Union and the City agree to the following Health Fitness Standards:A. WeightIBody Fat: Employees shall maintain their weight/bodyfat within established standards based upon their age, height and bone structure, as established by recognized medical authority.B. Smoking: As a condition of employment, new employees shall refrain from smoking on duty.1) Existing employees will be encouraged to become non-srnokers;be provided with information and/or training to assist such effort and, the City may provide medical assistance as required.2) Designated smoking/non-smoking regulations and areas will be established in all Fire Department buildings. C. Physical Fitness: The City shall allow and encourage employees to participate to recognized physical fitness programs while on duty before 0830 and after 1700 21 which shall not conflict with the Department's ability to provided services or previously scheduled activities. The physical fitness programs presently recognized are: I) "Good Health Through Physical Fitness", L.A. Fire Department 2) Structured aerobic programs 3) Individual progressive conditioning programs that Improve strength, stamina and flexibility, and are non- sporting events in nature (i.e., basketball, volleyball), may be approved.D. Evaluations: Employees shall be evaluated quarterly by their supervisor or the Department Medical Officer in the areas of:1) Weight/body fat 2) Resting heart rate 3) Blood pressure 4) Exercise heart rate (Karch level) as described in the Good Health Through Physical Fitness manual.The above will be recorded and forwarded to the Department Medical Officer for file and evaluation. Personnel unable to maintain their weight/body fat will be placed on a weight control program administered by the Department Medical Officer, which consists of:I) Three (3) month weight reduction of at least two (2) pounds per month 2) Monthly progress reports until they reach their maximum allowed weight/body fat 3) Monitored for three (3) months to ensure weight is maintained Personnel not maintaining their properweight/body fat or progress towards their allowed weight may be placed on a progressive program that includes:a) Mandatory physical fitness program b) Counseling E. Responsibilities. I) The City shall continue to provide physical exams for all Department safety employees as previously established. 2) The department shall designate a "Medical Officer" to coordinate,maintain records and establish compliance 3) The department shall provide the following at each station:a) Exercise mats, 3' x 6' outdoor carpet b) Bench step for exercise and evaluation c) Skip rope d) Weight scale F. The employer and Union agree that no employee shall report to work under the influence of narcotics, drugs, controlled substances, alcohol or any other substance, which may impair the employee's ability to perform a safe and efficient marmer.Article XV NO STRIKE-NO LOCKOUT SECTION 15.1. UNION PROHIBITED CONDUCT. The Union, its officers, agents, representatives and/or members agree that during the term of this agreement, they will not cause or condone any strike, walkout, slowdown, or any other concerted job action by withholding or refusing to perform services. A violation of this section by any employee shall constitute just cause for discharge pursuant to Article XVII. SECTION 15.2. CITY PROHIBITED CONDUCT. The City agrees that it shall not lockout its employees during the term of this Agreement. The term "lockout" is hereby defined so as not to include the discharge, suspension, termination, layoff, failure to recall or failure 1:0 return to work of the employees of the City in the exercise of its rights as set forth in any of the provisions of this Agreement or applicable ordinance or law. SECTION 15.3. UNION RESPONSIBILITX, In the event that the Union, its officers,agents, representatives, or members engage in any of the conduct prohibited in Section l5.1 above, the Union shall immediately instruct any persons engaging in such conduct that their condUC11 is in violation of this Memorandum of Understanding, and request that all such persons immediately cease engaging in conduct prohibited in Section 15.1 above, and return to work.If the Union acts in good faith to meet its responsibilities as set forth above, the Union, its officers, agents, representatives and its members shall not be liable for damages for 23 prohibit,ed conduct engaged in by employees who are covered by this Agreement in violation of Section 15.1. SECTION 15.4. The City shall have the right to bring suit for damages and/or equitable relief in the Courts for breach of this Article. Article XVI CITY RIGHTS SECTION 16.1. The City reserves, retains, and is vested with, solely and exclusively, all rights of Management which have not been abridged by specific provision(s) of this Memor<mdum of Understanding or by law to manage the City, as such rights existed prior to the exeGution of this Memorandum of Understanding. The sole and exclusive rights of Management, as they are not abridged by this Agreement or by law, shall include the following rights: A. To manage the City generally and to determine the issues of policy. B. To determine the necessity and organization of any service or activity provided by law as conducted by the City. C. To determine the nature, merit, and technology of services to be provided to the public. D. Methods of financing. E. Types of equipment or technology to be used. IF. To determine and/or change the location of facilities, through which the City operations are to be conducted. G. To determine types of operations, processes and materials to be used in carrying out City functions, and to determine the use of City vehicles during non- working hours. H. To assign work to and schedule employees in accordance with the terms of this Agreement. L To relieve employees from duties for lack of work or similar non- disciplinary reasons subject to negotiations as required by law.J. To discharge, or otherwise discipline the employees for just cause, subject to procedural due process pursuant and provisions of Article XVII. K. To determine new job classifications as a result of a new operation subject to negotiations as required by law. L. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with this Memorandum of Understanding. M. To determine standards for selection, and training and promotion of employees pursuant to current City policy to negotiate as required by law. N. To continue current Fire Department policy with respect to the establishment of performance standards. O. To promulgate reasonable rules and regulations to maintain order and safety in the City which are not in contravention with this Agreement. P. To take any and all necessary action to carry the mission of the Agency in emergencies as set forth in Article XXII, Section 22.4 Emergency Waiver Provision. Q. To continue those mutual response pact(s) outside the corporate limits of the City that are currently in effect and to subcontract and enter into agreements with other cities for the purpose of providing a multi-purpose training facility and communications centers. The City agrees to negotiate with the Union regarding the impact of any joint training agreement or any new mutual response pacts and/or modifications to current pacts.SECTION 16.2. Whenever the exercise of Managemellt's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with the Union regarding the impact of the exercise of such rights. If the City discontinues and individuals use of a City vehicle" the City will negotiate an equivalent benefit.Article "" II DISCIPLINE AND DISCHARGE: RULES AND REGULATIONS SECTION 17.1. The City shall have the right to discipline (up to and including suspension of employees) and discharge regular employees for "just cause." SECTION 17.2. Probationary employees shall not be disciplined up to and including discharge for reasons that are arbitrary, and/or capricious, and/or invidiously discriminatory. SECTION 17.3. The Union and the employee shall receive a copy of any discipline or discharge of any affected employee. 25 SECTION 17.4. The City shall have the right to issue reasonable ernployee rules and regulations not in conflict with the express terms of this Memorandum of Understanding, provided that such rules and regulations are, A. Discussed with the Union prior to adoption B. Submitted to the Union prior to adoption C. Posted in conspicuous places so that employees are advised and have notice of such rules and/or regulations prior to their implementation Article XVIII PROBATIONARY PERIOD (NEW EMPLOYEES) SECTION 18.1. The probationary period for new employees shall be for a period of one (1) year (26 pay periods from date of hire) in order to demonstrate suitability for the job. SECTION 18.2. For good cause, with the approval of the Personnel Director and concurrence of the Union and the employee, the Fire Chief may extend such probationary period. SECTION 18.3. The Union and the employee involved shall receive a copy of any discipline or discharge, or any extension of a probationary period. Such change in employee status shall set forth the basis for such action. Article XIX PAYROLL DEDUCTIONS SECTION 19.1. The City shall continue its present policy of payroll deductions on a bi- weekly basis of Union dues and assessments, and insurance payments, in the amount certified to be current by the Treasurer of the Union as authorized in writing by individual employees. The total amount of deduction shall be remitted by the City to the Treasurer of the Union within ten (10) calendar days. SECTION 19.2. The Union agrees to hold the City harmless and indemnify the City against any claims, causes of actions, lawsuits arising out of the deductions or transmittal of such funds to the Union caused by the Union's negligence. The Union shall notify the City within ten (10) calendar days of any discrepancy(s) concerning Union dues or other payroll 26 deductions pursuant to this Article. If the Union does not notify the City of any discrep:mcy within ten (10) calendar days, the City shall be relieved of any asserted discrep:mcy. Article XX UNION REPRESENTATION SECTION 20.1. Employees shall have the right to representation by a Union representative with respect to all matters within the scope of employee-employer relations, including procedural due process, in accordance with State law. SECTION 20.2. The Union shall notify in writing the Personnel Director's office and the Fire Chief, or his designee, or the names of its authorized Union Representatives. SECTION 20.3. Union representation, including the investigation and processing of grievances during working hours, shall be conducted by the Union President and/or his designee(s). SECTION 20.4. In accordance with current practice, the on-duty Shift Commander shall be given sufficient notice by the Union Representative(s) of such on-duty representation during normal working hours.SECTION 20.5. Union Representation, including the processing and investigating of gnevances, shall not unreasonably interfere with employees in the performance of their duties.SECTION 20.6. Upon notice to the City, and approval of the Fire Chief, or his designee,Union officials or other designees shall be granted leave from work to attend to Union business. The Fire Chief, or his designee, is authorized to grant up to a total of ten (10)shifts off with pay per year for such Union business for all employees. Article XXI GRIEVANCE - ARBITRATION PROCEDURE SECTION 21.1. GRIEVANCE DEFINED. A grievance shall be defined and limited to a dispute or controversy between an employee, group of employees, and/or the Union and the City regarding the application or interpretation of this Memorandum of Understanding, City Persomlel policies, and/or departmental rules, regulations or practices. 27 SECTION 21.2. PROCEDURAL DUE PROCESS. Concerning pre-disciplinary matters,the grievance procedure shall not act as a substitute for procedural due process rights for individual employees.SECTION 21.3. APPLICATION OF PROCEDURE. All grievances shall be adjusted in accordance with the procedure set forth in this Article and shall constitute the exclusive means and procedure for the settlement and disposition of all grievances. An employee may process his/her own grievance provided that any of the grievance is not inconsistent with the terms of this Memorandum of Understanding, and the Union has been given an opportunity to be pre:sent at all grievance proceedings, including adjustment of the grievance.SECTION 21.4. TIMELY FILING AND PROCESSING OF GRIEVANCES. Any grievance not filed within the time limit set forth herein shall be barred and waived. Any grievance not timely processed through the next step of the grievance procedure shall be considered resolved in accordance with the proper answer of the City. Any issue or dispute concerning the procedures of this grievance procedure, including the timeliness of the filing or processing of a grievance shall be subject to determination by the Arbitrator pursuant to Step III of this grievance procedure. The arbitrator shall decide any issue or claim as to timeliness or whether a filed grievance meets the test of arbitrating, as set forth in this Agreement. The arbitrator shall proceed to decide such issue before hearing the case upon its merits; and if possible, shall issue a "bench decision" at the completion of the presentation of evidence concerning this issue.SECTION 21.5. STEPS OF GRIEVANCE PROCEDURE. Informal discussion: A grievable matter shall first be discussed on an informal basis with the immediate supervisor if he has the power to adjust the matter) prior to filing a formal grievance.A. Step I. A grievance must be filed, in writing, with the Fire Chief or his designee within twenty (20) calendar days after the grievant knew, or in the exercise of reasonable diligence should have known, of the event giving rise to the gnevance.Within ten (10) calendar days ofreceipt of the grievance, a Department designee shall meet with the grievant and his representative and submit a written response thereto.B. Step II. If grievant is not satisfied with the decision of the Fire Chief or his designee, or if he has not received a written decision within the time specified,the grievant may file a written appeal with the City Manager or his designee within ten (10) calendar days of the answer or such time when the answer was due.Within five (5) calendar days or receipt of written appeal, the City Manager, or his designee(s), shall meet with the grievant and his representative, and shall submit a written response thereto within ten (10) calendar days of receipt of the written appeal. C. Step III. Either party to the dispute may request that the dispute be submitted to Arbitration in accordance with procedure contained herein. Such request shall be submitted in writing within ten (10) calendar days (excluding Saturdays, Sundays and holidays) after completion of Step II, with a copy served by mail upon the other party.SECTION 21.6. ARBITRATION PROCEDURE.A. The City and the Union shall promptly meet to attempt to mutually select an Arbitrator. If such selection carmot be accomplished, either the City or the Union may notify the California Conciliation Service to submit nine (9) names of neutrals that are qualified to serve as an Arbitrator. The Union and the City shall meet within five (5) working days upon receipt of the list of Arbitrators to mutually select the Arbitrator to hear the dispute or to alternately strike-off names until only one person remains. That person shall then serve as the Arbitrator. In the event that either the Union or the City desires to strike an entire list submitted by the California Conciliation Service, such party may do so (not more than two occasions). In that case, the parties shall mutually and promptly request a new list from the California Conciliation Service. B. The Arbitrator shall not have the authority to add to, modify, or subtract from this Agreement or to take testimony from one party outside the presence of the other. The Arbitrator's authority is thus limited to deciding whether there has been a violation of this Agreement pursuant to a grievance as defined in Section 21.1, and the determination of an appropriate remedy for any such violation. The Arbitrator shall only have authority to issue recommendations or an advisory award concerning the interpretation or application of Article XN, SAFETY STANDARDS", and such award shall not be binding upon the parties. Furthermore the arbitrator shall not have the authority or power to render a binding decision that requires the City to expend additional funds, to hire additional personnel, to buy additional equipment or supplies, or to pay wages or benefits not specifically provided for in this Agreement or to take any action which would be in violation of Federal or State Laws. C. The decision of the Arbitrator shall be final and binding upon the City, the Union, the grievant, and all employees covered by this Agreement in the following cases:1) All discipline and discharge cases of employees. In discipline demotion or suspension or discharge) case, the Arbitrator's remedy may include reinstatement only, and/or back pay in full or in part.29 2) Disputes regarding the interpretation or application of specific provisions of this Agreement. D. Unless extended by mutual agreement of the parties, the Arbitrator shall render his decision and award within one (1) month after the close of the hearing and the receipt of briefs, if any. E. The compensation and expenses of the Arbitrator shall be borne equally by the parties. All other expenses, including that of a court reporter, shall be borne by the party that requests such service, unless the parties agree that such service(s) is necessary for the arbitration proceeding. Article XXII SCOPE AND APPLICATION SECTION 22.1. SOLE AND ENTIRE AGREEMENT. A. It is the intent of the parties hereto that this Memorandum of Understanding shall supersede all prior memorandums of understanding or contrary City contracts and when approved by the City Council shall govern the entire relationship between the parties. B. City Resolution No. 4440 that sets forth a settlement between the City and the Union of Case No. 237 979 shall remain in effect and be incorporated herein by reference. SECTION 22.2. This Agreement is subject to amendment only be subsequent written agreement between, and executed by, the parties hereto. SECTION 22.3. SEPARABILITY PROVISION. If any provision of this Agreement, or the apphcation of such provision, should be rendered or declared invalid by any court action or by n:ason of nay existing or subsequently-enacted legislation, the remaining parts or portions of the Agreement shall remain in full force and effect. SECTION 22.4. EMERGENCY WAIVER PROVISION. In the event of circumstances beyond the control of the City as a result of a declared emergency, national disaster, or similar circumstances, provisions of this Memorandum of Understanding, and/or the Personnel Rules or Regulations of the City and/or departmental rules and policies, which shall be suspended for the duration of such emergency. After the emergency is declared over, the City shall immediately meet and confer with the Union regarding the impact on 30 employees of the suspension of these provlSlons in the Memorandum of Understanding and/or City and/or departmental rules and policies. Article XXIII TERM OF MEMORANDUM OF UNDERSTANDING SECTION 23.1. TERM OF AGREEMENT. The term of this Memorandum of Understanding shall commence on March 1,2001 and shall continue in effect until February 29,200,t SECTION 23.2. REQUEST TO MEET AND CONFER. Upon written notice and request of either party to modify the terms of this Memorandum of Understanding prior to February 29,2004, the parties shall meet and confer in good faith for the purpose of reaching a new agreemtmt. Article XXIV RATIFICATION AND EXECUTION The City and the Union acknowledge that this Memorandum of Understanding shall not be in full force and effect until ratified by the Union and adopted by the City Council of the City of Orange. Subject to the foregoing, this Memorandum of Understanding in hereby executed by the authorized representatives of the City and the Union and entered into this 13th day of March, 2001. ORANGE CITY FIRE FIGHTERS INC., LOCAL 2384 OF THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO. j ;;:).tU1/~ BY: BY: BY: BY:31 APPENDIX "A" VACATION BENEFITS - SCHEDULE 1 FIRE EMPLOYEES WORKING AN AVERAGE 55.9 HOUR WORK WEEK EXCEPT FIRE CAPTAINS)ACCRUAL RATE 12.56 HOURS = 1 DAY Years of Hours per Days per Shifts Service Year Year Per Year 01-04 138 11 5.75 05- 14 188 15 7.83 15-24 251 2010. 46 25-30 314 25 13. 08 VACATION BENEFITS - SCHEDULE 2 Fl[ RE CAPTAINS WORKING AN AVERAGE 55.9 HOUR WORK WEEK Except, however, that 24-hour shift Fire Captains who work fire suppression shall accrue vacation on the following basis: ACCRUAL RATE 12.56 HOURS = 1 DAY Years of Service Hours per Year Days per Year Shifts Per Year 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 11.00 11.25 12.50 13.75 15.00 15.50 16.00 16.50 17.00 17.50 18.00 18.50 19.00 19.50 20.00 20.50 21.00 21.50 22.00 22.50 23.00 23.50 24.00 24.50 25.00 25.50 26.00 26.50 27.00 27.50 138.0 141.3 157.0 172.7 188.0 194.3 200.6 206.9 213.2 219.5 225.8 232.1 238.4 244.7 251.0 257.3 263.6 269.9 276.2 282.5 288.8 295.1 301.4 307.7 314.0 320.3 326.6 332.9 339.2 345.5 5.75 5.88 6.54 7.20 7.83 8.10 8.36 8.62 8.88 9.15 9.4l 9.67 9.93 10.20 10.46 10.72 10.98 11.25 11.51 11.77 12.03 12.30 12.56 12.82 13.08 13.35 13.61 13.87 14.13 14.40 33 Except, however, if the fire suppression hours should drop below 55.9 hours per week, vacation accrual shall be subject to meet and confer, as to all Fire Department personnel employed on a 24-hour basis.VACATION BENEFITS - SCHEDULE 3 FIRE EMPLOYEES WORKING AN AVERAGE 40 HOUR WORK WEEK EXCEPT FIRE CAPTAINS)Those employees who work a regular work week of 40 hours shall accrue vacation on the following basis:Years of Approx. VVorkdays Hours per Workdays Service per Month Month Per Year 01- 04 0.917 07.333 11.0 05-141.250 10.000 15. 0 15-24 1.667 13.334 20.0 25 & above 2.083 16.667 25. 0 VACATION BENEFITS - SCHEDULE 4 F1RE CAPTAINS WORKING AN AVERAGE 40 HOUR WORK WEEK Except, however, that Fire Captains who work a regular work week of 40 hours shall accrue vacation on the following basis:Years of Service 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Approx. Workdays per Month 0. 917 0. 938 1. 042 1. 1461. 2501. 292 1. 3331. 3751. 417 1. 458 1. 500 1. 5421. 583 1. 625 1. 667 1. 7081. 7501. 7921. 833 1. 875 1. 917 1. 958 2. 000 2. 042 2. 083 2. 125 2. 167 2. 208 2. 250 2. 295 Hours per Month 07. 333 07. 500 08. 33409. 167 10. 000 10. 33410. 667 11. 000 11. 334 11. 667 12. 000 12. 33412. 667 13. 000 13. 334 13. 667 14. 000 14. 33414. 667 15. 000 15. 33415. 667 16. 000 16. 334 16. 667 17. 000 17. 33417. 667 18. 000 18. 334Workdays Per Year 11. 00 11. 2512. 50 13. 75 15. 00 15. 50 16. 00 16. 50 17. 00 17. 50 18. 00 18. 50 19. 00 19. 50 20. 00 20. 50 21. 00 21. 5022. 00 22. 50 23. 00 23. 50 24. 00 24. 50 25. 00 25. 50 26. 00 26. 5027. 00 27. 5035 EXHIBIT"B" ORANGE CITY FIRE FIGHTERS UNION MONTHLY SALARY RANGES EFFECTIVE FEBRUARY 25, 2001 NOTE: See Page 38 for Salary Update.Three Percent (3.0%) Salary Increase)New Step A Step B Step C Step D StepE Classification Title Range After 1 After 6 After 6 After 1 year months months year Fire Captain 523 5762 5762 5762 5762 5762 Fire Engineer 493 4094 4299 4514 4739 4976 Fire Fighter 469 3644 3827 4018 4219 4430 Fire Safety Specialist 472 3695 3880 4074 4278 4492 Fire Inspector/Investigator511 5433 5433 5433 5433 5433 Hazardous Materials Spec. 492 4074 4278 4492 4716 4952 In addition, by March 1, 2001 one representative from the City and the Union shall jointly survey the total pensionable compensation (c.g., PERS reportable compensation) for all professional fire departments within Orange County by reviewing the effective collective bargaining agreements, salary schedules, etc. and shall adjust the base salary for employees covered by this Agreement, on a rank basis by that percentage necessary to place each rank at the figure equal to the third highest in total pensionable compensation from the survey. For example" if the department with the third highest pensionable compensation for the rank of Fire Captain , equals the amount "X," the base salary for Orange City Fire Captains will be increased by that percentage necessary to equal the amount "X." The ranks of Fire Engineer, Fire Fighter,Fire Saftlty Specialist, Fire Inspector/Investigator, and Hazardous Materials Specialist will also be surveyed, separately, as outlined above. In no event, however, shall any employee receive less than 3% base increase effective 2/25/2001. This provision shall not apply thereafter.EFFECTIVE FEBRUARY 24, 2002 Three Percent (3.0%) Salary Increase)New Step A Step B StepC Step D Step E Classifkation Title Range After 1 After 6 After 6 After 1 year months months year Fire Captain 529 5937 5937 5937 5937 5937 Fire Engineer 499 4219 4430 4651 4884 5128 Fire Fighter 475 3751 3939 4135 4342 4559 Fire Sa~ ety Specialist 478 3807 3998 4198 4408 4628 Fire Inspector/ Investigator 517 5597 5597 5597 5597 5597 Hazardous Materials Spec. 498 4198 4408 4628 4859 5102 36 EFFECTIVE FEBRUARY 23, 2003 Three P,ercent (3.0%) Salary Increase) New Step A Step B StepC Step D Step E Classificlltion Title Range After 1 After 6 After 6 After 1 year months months year Fire Capt:ain 535 6117 6117 6117 6117 6117 Fire Engim,er 505 4342 4559 4787 5026 5278 Fire Fighter 481 3861 4054 4256 4470 4693 Fire Safety Specialist 484 3919 4115 4321 4537 4764 Fire Inspt:ctor/Investigator 523 5762 5762 5762 5762 5762 Hazardous Materials Spec. 504 4321 4537 4764 5002 5252 37 EXHIBIT "B" ORANGE CITY FIRE FIGHTERS UNION MONTHLY SALARY RANGES EFFECTIVE FEBRUARY 25, 2001 Three Percent (3.0%) Salary Increase)New Step A Step B Step C Step 0 Step E Classiification Title Range After 1 After 6 After 6 After 1 year months months year Fire Captain 533 6057 6057 6057 6057 6057 Fire Engineer 502 4278 4492 4716 4952 5199 Fire Filghter 476 3770 3958 4156 4364 4582 Fire Safety Specialist 483 3899 4094 4299 4514 4739 Fire Inspector/Investigator 521 5704 5704 5704 5704 5704 Hazardous Materials Spec. 503 4299 4514 4739 4976 5225 EFFE: CTIVE FEBRUARY 24, 2002 Thre, e Percent (3.0%) Salary Increase)New Step A Step B Step C Step 0 Step E Classification Title Range After 1 After 6 After 6 After 1 year months months year Fire Captain 539 6241 6241 6241 6241 6241 Fire Engineer 508 4408 4628 4859 5102 5357 Fire Fighter 482 3880 4074 4278 4492 4716 Fire Safety Specialist 489 4018 4219 4430 4651 4884 Fire Inspector/Investigator 527 5878 5878 5878 5878 5878 Hazardous Materials Spec. 509 4430 4651 4884 5128 5384 EFFECTIVE FEBRUARY 23, 2003 Three Percent (3.0%) Salary Increase)New Step A Step B Step C Step 0 Step E Clas!; ification Title Range After 1 After 6 After 6 After 1 year months months year Fire Captain 545 6431 6431 6431 6431 6431 Fire Engineer 514 4537 4764 5002 5258 5515 Fire Fighter 488 3998 4198 4408 4628 4859 Fire Safety Specialist 495 4135 4342 4559 4787 5026 Fire Inspector/ Investigator 533 6057 6057 6057 6057 6057 Hazardous Materials Spec. 515 4559 4787 5026 5278 5541 38