HomeMy WebLinkAbout1993-157
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RESOLUTION NO.
93-1'i7
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING AND IMPOSING WAGES, HOURS, INSURANCE
BENEFITS AND WORKING CONDITIONS FOR FIRE SAFETY EMPLOYEES WORKING
IN JOB CLASSIFICATION REPRESENTED BY FIRE FIGHTERS, LOCAL 891
WHEREAS, the Memorandum of Understanding ("MOU") between the
City and Fire Fighters Union, Local 891 expired on July 1, 1992;
and
WHEREAS, the City's representatives have met and conferred
wi th representatives of Fire Fi<;';lters Union,
Local 891 to
negotiate a successor MOU (GovernmE';,t Code ~3500 et seq), of the
state of California; and
WHEREAS,
the City's representatives and the Union's
representatives did not reach agreement on a successor MOU; and
WHEREAS, the City invoked the impasse resolution procedures
contained in Section 13 of City Re&olution No. 10584; and
WHEREAS, a resolution impasse hearing was conducted by the
16 Mayor and Common Council on April 1<1, 1993, and has been continued
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from time to time,
NOW, THEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The amendmencs to the 1991 and 1992 MOU as
they affect working conditions for fire safety employees working
in job classifications represented by Fire Fighters Union, Local
891 made in the last, best offer of the City representatives have
been reduced to writing and are contained in Exhibit A, which is
attached hereto and is incorpor0ted by reference into this
Resolution.
SECTION 2.
The Mayor of 1;f,e City of San Bernardino is
:.... [FIllESAFE. RES )
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"
RES 93-157
1 authorized and directed to implement the provisions of Exhibit" A"
2 for and on behalf of the City of San Bernardino, with the
3 exception that the discontinuation of the City's payment of three
4 percent (3%) of the employees' contribution share into the Public
5 Employee's Retirement System (PERS) (Section 4) is hereby deleted
6 from Exhibit "A".
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16 III
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19 III
20 III
21 III
22 III
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: ImI [FIllIlSAl'R. RES] -2-
RES 93-157
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO ESTABLISHING AND IMPOSING WAGES, HOURS, INSURANCE
2 BENEFITS AND WORKING CONDITIONS Fon FIRE SAFETY EMPLOYEES WORKING
IN JOB CLASSIFICATION REPRESENTED BY FIRE FIGHTERS, LOCAL 891
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I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a regular meeting thereof, held on the 24th
7 day of
May
, 1993, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
--
REILLY X
HERNANDEZ X
MAUDSLEY x
MINOR -~
POPE-LUDLAM x
MILLER ----2C_
~ ~
City lerk
The foregoing
resolution is her..ebY. approve~~~ ~~tt\)day
,1993. .' /7 . ~~/ /
.-/ _7' '1 ~ /
/.2r~,~~//'/ ~:--/ / ___..__.___.<;:-~"'/
:%::.L4/;;:' I <::..... ..>-~ -./;:'
. cwo ~. HolComb, (Mayor
City of San Bernardino
of
M;ey
Approved as to
form and lega1 content:
JAMES F. PENMAN,
City Attorney
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By:/f"'v, J./, ;"h""
/1
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IIllB: "'[FIRESAFE _RES)
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I RES 93-157
ATTACIK:NT 3
FIRE SAFETY EMPLOYEES NEGOTIATIONS
CITY OF SAN BERNARDINO
AND
FIRE FIGHTERS LOCAL 891
The following is a proposal by the negotiating team (Barbara Dillon, Will Wright, Dan
Dickerson, Barbara Pachon, Peggy Ducey). This proposal is subject to review and approval
by the Mayor and Common Council, and is dated 3/19/93.
1. VACATION
Add #1: to Article 10: "20 days or 10 shifls.ft
Add #2: "No vacation shall be granted if service is less than one year. In the event an
employee has been permitted to take vacation which exceeds the number of hours actually
accrued, a deduction shall be made from the hours actually accrued, a deduction shall be made
from the employee's final compensation for the number of hours in excess of the accrual."
Revise: "Resolution No. 6433, Section Eleven, shall remain in effect where applicable to
bargaining unit members, except as modified by this MOU. ft
2. SICK LEAVE
Add the following to Article II, following the first sentence in the current MOU:
"Definition of Sick Leave
Sick leave means the absence from duty of any employee because of illness or injury (except as
DOled below), exposure to contagious disease, or attendance upon a member of his/her immediate
family who is seriously ill and requires the care of, or attendance of, an employee. Immediate
family means: husband, wife, grandmother, grandfather, mother, father, sister, brother, son,
daughter, uncle, aunt, mother-in-law, father-in-law, step-parents, step-children.
An employee may not use accumulated sick leave in conjunction with an industrial injury."
"Sick Leave Guidelines
Not more than five (5) days or 2-1/2 shifts of sick leave within any calendar year may be
granted to employees for the care of, or attendance upon, members of their immediate family.
No employee's absence due to illness in excess of five (5) days or 2-1/2 shifts shall be approved,
except after the presentation of satisfactory evidence of illness; and, a certificate from a
practicing physician shall be required by the Chief for approval concerning such absence.
E'tH, BfT "A II
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RES 93-157
FIRE SAFETY EMPLOYEE NEGOTIATIONS
March 1993
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In order to receive compensation while absent on sick leave, employees shall notify their
immediate supervisor prior to the time set for beginning their daily duties, or as may be
specified by the Chief.
Sick leave shall not be considered as a right which employees may use at their discretion, but
sball be allowed only in case of necessity and actual personal illness, except as otherwise
provided herein. "
Revise sick leave accrual: "For semi-monthly payroll, sick leave will accrue at the rate of 8.0
hours per month or at a rate of 4.0 hours per pay period for employees scheduled to work forty
hours per week, or 1/2 shift per month or 6.0 hours per pay period for shift employees, with
DO limit as to the number of days/shifts that may accrue. "
Revise: "Resolution No. 6433 Section Eleven, shall remain in effect where applicable to
bargaining unit members, except as modified by this MOU."
3. FITNESS FOR DtITY
Add a new article to the MOU. stating that, "The Department shaII have the right to schedule
regular, full-time employees for a fitness-for-duty examination to verify their continued ability
to perform their jobs. The Department shall pay for fitness-for-duty exams, when the employees
have been notified of, and keep, the scheduled appointment. Employees will be paid for the
time spent for the examination." Attach as an exhibit a copy of Department Director Letter
#52, "Fitness-for-Duty-Physicals."
4. RETIREMENT PLAN
Revise last paragraph of Article 14 to read, "The City will pay four percent (4%) of the
members' contribution to PERS credited to the employee's account as a fringe benefit, effective
July 1, 1993.
5. LEA VB PROVISIONS
Delete the following language from Article 15: "Employees elected to the Union Board shaII
be granted time off to perform official Union functions, including attendance at conventions,
conferences, and seminars, without loss of pay up to a maximum of 288 hours tota! time per
caleodar year in the aggregate for such employees. This time is cumulative up to a maximum
of 576 hours. "
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RES 93-157
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6. HEALTH INSURANCE
Revise Article 16 to state: "Effective August 1, 1993, the City shall contribute payment for
each employee and one dependent, based on the cost of the Kaiser premium using August I,
1992, rates or August 1, 1993 rates, whichever are lower. In addition, the City will provide
payment of the Mission Dental High Option plan, for the employee and one dependent using
August 1, 1992 rates or August I, 1993 rates, whichever are lower. The City shall contribute
the following flat rates for the purchase of insurance benefits offered by the City, effective
August I, 1993: $177.46 or less for employees with no dependents, and $348.82 or less for
employees with one or more dependents. Any contribution not utilized by an employee shall
revert to the City. "
Add language on "Birthday Rule": "If both the employee and their legal spouse have health
coverage available, the plan of the parent whose birthday falls first in the calendar year is the
primary plan for their children. If the spouse's birthday falls first in the calendar year, the
spouse's plan will be the second- pay provider for dependent children.
In cases involving a dependent child whose parents are separated or divorced, plans covering
the child as a dependent will be covered in the following order: first, the plan of the parent with
custody of the child; then, if that parent has re-married, the plan of the step-parent with custody
of the child; and, finally, the planes) of the parent(s) without custody of the child.
If there is a court decree establishing medical, dental, or other health care expenses of the child,
then the plan which covers the child as a dependent of that parent will take precedence. "
7. PARAMEDIC ASSIGNMENT
Revise Article 19, as follows "In qualifying for paramedic status, paramedics must meet and
maintain the following standards:
A. Recertify after completion of probation.
B. Recertify on a bi-annual basis.
Paramedics failing to meet the above standards may be subject to termination from employment
as a paramedic.
Paramedics will use their own time for earning Continuing Education Units.
The City will pay initial recertification fees charged by the County. Paramedics will pay for a
repeat test, if they fail a previous test.
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Continuing education time will be met during on-duty hours, if possible, and that overtime shall
be paid for any off-duty required training to maintain a Paramedic Certification. No more than
8 boors overtime shall be paid for off-duty training per paramedic per fiscal year. Each such
overtime request requires the approval of the Fire Chief or designee."
Delete all language on paramedic bonus pay.
Add: "In situations involving Voluntary Demotions, the Civil Service Rules will be followed.
Currently, this is Rule 510. "
This revision will be effective as of the date approved by the Mayor and Common Council.
8. PROBATIONARY PERIOD
Revise Article 21 to add; "All newly promoted employees must also serve a one-year
probationary period."
9. WORK UNIFORMS
Add to Article 22, "guidelines for Fire Safety Employees include obtaining approval from the
R:it1::l1ion Chief, obtaining a "chit" from the Storekeeper, and going to the vendor, for uniforms."
10. TUITION REIMBURSEMENT
Rerise Article 25, as follows:
E1i~l>i1ity
. Approval will be limited to courses given by accredited colleges and universities, city colleges
or adult education courses under the sponsorship of the Board of Education. No mail-order
courses will be approved. Workshops, seminars, conferences and similar activities not
identifiable as a formal course of instruction within the curriculum of a recognized educational
institution, do not fall within the purview of this program, but may be authorized and funded
by the Department upon approval of the City Administrator."
Reimbursement
.Effective July 1, 1993, the amount of reimbursement shall be 50% of the equivalent of the
tuition costs for up to three (3) units per quarter as charged by the California State University,
San Bernardino, or one and one-half times that amount, if on a semester system. The Director
of Pcrsonnel will recommend approval or disapproval based on the availability of budgeted funds
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RES 93-157
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for education tuition assistance. "
Procedures
"Employees will submit copies of their approved applications to the Personnel Department
according to City policies and procedures. Employees must include official verificatioo of their
final grades, with appropriate receipts for tuition costs. These will be returned to employees
upon request. Applications not submitted to the Personnel Department according to City policies
following completion of the course become void. "
II. EDUCATIONAULONGEVITY PAY
Delete Article 28 on EducationallLongevity Pay, effective as of July 1. 1993.
12. ON CALL. CALL-BACK. STAND-BY
Revise language, per Attachment A to this proposal.
13. PERSONNEL FILES
Revise Article 34, and add: "Should a member refuse to sign, that fact should be noted 00 the
document and signed or initialed by a witness who is a union representative, if the union
representative is present. "
14. INVESTIGATION RIGHTS
Revise Article 36 to read, "For the purpose of this Article, punitive action is defined as
dismissal, demotion, suspension, reduction in salary, written reprimand, or transfer for purposes
of punishment. "
IS. EMPLOYEE REPRESENTATIVFS
Revise Article 40, as follows: "The Union shall notify the City of names of each Job
Representative each January..
16_ GRIEVANCE
Revise Article 41, as follows:
Second paragraph under PURPOSE: Add, "This article supersedes the grievance procedure in
Resolution 10585."
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DEFINITION OF A GRIEVANCE: "A grievance is an alleged violated of this MOU . . . The
remedy selected by the employee shall be the exclusive remedy pursued, either through the
grievance procedure, or through appeals to the Civil Service Board. If the employee chooses
to appeal discip1inary action to the Civil Service Board, he/she shall be precluded from filing
a grievance. Additionally, allegations of discrimination and harassment shall be submitted to
the Affirmative Action Officer. "
CONSOLIDATION OF GRIEVANCE: Add, "The City also has the right to consolidate
responses to grievances. If the grievant is a group of three (3) or more employees, the group
shall appoint one (1) or two (2) employees, who signed the grievance, to speak for the collective
group throughout the grievance process. "
STEPS IN THE GRIEVANCE PROCEDURE: "... The grievance must be submitted to the
Informal Step within ten working days of the incident causing the grievance, or of the grievant's
knowledge of the incident's occurrence. The date and the subject of the incident should be
provided with the request for the informal meeting. Within ten working days of the presentation
of !be grievance, the supervisor shall provide an oral response to the employee. "
Slq) 2. Meet with Division Head: Add, Battalion Chief after Divisioo Head, i.e., Division
HeadlBattalion Chief.
Slq) 3. Meet with Fire Chief: Add, or Designee after Fire Chief, i.e., Fire Chief or Designee.
Slq) 4. Review by the Director of Personnel: "Within ten working days after receiving the
appeal, the Director of Personnel, or his/her designee, shall meet with the employee, and, if the
employee desires, the designated Union representative. The Director of Personnel or designee
shaD deliver his/her answer, in writing, to the employee within the ten working days after the
meeting. "
Slq) 5. Final St~:
"a. If the grievance is still not adjusted, the aggrieved party may file a written appeal
with the City Administrator or his/her designated representative within ten
working days from the date of delivery of said answer. State in writing the
desired result.
b. The City Administrator or his/her designated representative shall deliver his/her
answer, in writing, within the ten working days after receipt of the appeal.
c. The decision of the City Administrator or hislher designated representative is final
and binding on all parties, unless reversed by a court decision.
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d. All grievances shall be treated as confidential, and no publicity will be given the
final resolution of the grievance. .
17. LABOR MANAGEMENT COMMITTEE
Revise Article 43, to read: "The Union will meet with Fire Department management on a
mutually agreeable basis to discuss matters pertinent to the welfare of the Department and the
employees. The Union will designate four representatives employed by the City of San
Bernardino Fire Department to serve on the Committee. The City will designate up to four
representatives to serve on the Committee. Either the Union or the City may have additional
members present, when mutually agreed upon in advance of a scheduled meeting. Normally,
such meetings shall be during regular working hours. .
18. FLEXffiLE STAFFINGIVACATION & HOLIDAY SELL-BACK
Revise Article 44, to read: "Once per year, each person in the bargaining unit will be granted
the option of selling their vacation and holidays back to the City. Employees may sell back
prospective holiday and/or vacation time up to six shifts of holiday and ten shifts of vacation.
Holiday and/or vacation usage picks will be made no later than December 31st each year. The
Fire Department will provide this information to the Finance Department, by February 1st of
the following year. The Finance Department will process sell-back infonnation for a lump-sum
payment on the first pay-day in March each year.
lndividuals who do not use all of the available holidays within the calendar year will have the
balance of holiday hours remaining paid by the following March..
Delete the following language, effective March I. 1993: "In the employee's final year, the
employee may sell back prospective holiday and/or vacation time up to six shifts of holiday and
ten shifts of vacation. This final year sell-back shall be converted to salary and reported to the
Public Employees' Retirement System as such..
19. WELLNESS PROGRAMS
Add a new article to the MOU, stating that, "Each member of the bargaining unit is eligible to
participate in a City-sponsored program of quarterly cholesterol checks and dietary counseling,
effective July I, 1993..
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20. TERM
Rerise Article 47, as follows: "With the exception of specific dates for individual Articles, this
MOO shall be effective from July I, 1992 through June 30, 1994. If negotiations regarding a
Memorandum of Understanding are in progress on July I, 1994, this MOU shall remain in effect
until a successor Memorandum of Understanding is adopted by the City."
21. BILINGUAL PAY
Add a new article to the MOU, stating that, "Each fiscal year, starting July 1, 1993, up to six
(6) members of the unit who meet the City's certification and eligibility requirements shall be
compensated at the rate of $50/month for bilingual pay.
The Fire Chief or designee will retain the right to select the six (6) eligible employees and to
assign bilingual employees to different Fire Stations in areas of the City where use of employee
skills would be maximized. The City shall reserve the right to determine languages for which
testing will be conducted."
FIRL.NEOOTIATIONS:PIl0POSAL.3/93
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RES 93-157
Attachment A
Article 30 - On-caI1. C...I\-Back. Stand-by
. Any employee on 'on-call' status will receive a minimum of two hours pay at time and one-
half for all or any portion of a twenty-four hour day. If 'called back' any time within the
first two hours of 'on-call,' the time worked will be deducted from the two hours 'oo-call.'
If the 'call-back' occurs after two hours expire, 'call-back' time will be clocked from the
time the employee receives the call to report. Compensation for that time is in addition to
the 'on-call' status.
In the event an employee is placed on 'standby' for court subpoena, the employee will
receive two hours 'standby' pay at time and one-half. If the employee is called to court and
does not go beyond 1200 hours on that day, it will be considered part of the two hours
'standby.' If the employee has to appear after the noon recess, any additional time will be
added to the two hours 'standby' plus one-half hour travel time. In cases where the
subpoena is for 1330 hours, or another time, the 'standby' will start with time stated on the
subpoena. In those cases where the subpoena is for 1330 or later, the employee's time will
be computed at the amount of time between the time of subpoena and 1700, plus thirty
minutes travel time. In the event the employee is required to pay parking fees, the employee
will be reimbursed. If the employee is required to stay through noon recess, he will be paid
for the actual time spent. All 'standby,' 'on-call' and 'call-back' pay will be at the time and
one-half overtime rate..
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