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RESOLUTION NO.
90-106
1
RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
2 WAGES, HOURS, INSURANCE BENEFITS AND WORKING CONDITIONS FOR
FIRE SAFETY EMPLOYEES WORKING IN JOB CLASSIFICATIONS
3 REPRESENTED BY FIRE FIGHTERS, LOCAL 891.
4 WHEREAS, Resolution No. 88-475 establishing wages, hours,
5 insurance benefits and working conditions for fire safety
6 employees in job classifications, represented by fire fighter
7 Local 891, expired on November 30, 1989; and
8 WHEREAS, the City's representatives have met and
9 conferred with representatives of Fire Fighters Union, Local
10 891,
to negotiate a
Memorandum of
Understanding, in
11 accordance with the provisions of the Meyers-Milias-Brown Act
12 of the State of California; and
13 WHEREAS, the City's representatives and the Union's
14 representatives did not reach agreement on a Memorandum of
15 Unden;tanding; and
16 WHEREAS, the City's representatives invoked the impasse
17 resolution
procedures contained in Section 13 of City
18 Resolution No. 10584; and
19 WHEREAS, an impasse hearing was conducted by the Mayor
20 and Common Council on December 18, 1989, and, January 8,
21 1990; an.d
22 WHEREAS, following the hearing, the Council granted Fire
23 Safety employees additional benefits to those provided in
24 Resolution No. 88-475.
25 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
26 COUNCIL OF THE CITY OF SAN BERNA?DINO AS FOLLOWS:
27
28 Page 1 of 3
02/19/90
RESOLUTION OF THE
HOURS, INSURANCE
SAFETY EMPLOYEES
1 BY FIRE FIGHTERS,
2
3
SECTION 1.
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CITY OF SAN BERNARDINO ESTABLISHING WAGES,
BENEFITS AND WORKING CONDITIONS FOR FIRE
WORKING IN JOB CLASSIFICATIONS REPRESENTED
LOCAL 891
The wages, hours, insurance benefits and
working conditions for fire safety employees working in job
4
classifications represented by Fire Fighters Union, Local 891
5
have been reduced to writing and are contained in Exhibit A,
6
7
8
9
10
which is attached hereto and is incorporated by reference
into this Resolution.
SECTION 2.
Exhibit A contains the
provisions
of
Resolution No. 88-475
on January 8, 1990.
11
plus those benefits granted by Council
SECTION 3. The Mayor of the City of San Bernardino is
12
authorized and directed to implement the provisions of
13
Exhibit A for and on behalf of the City of San Bernardino.
14
15
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
16
Bernardino at
17
held on the ~
18
19
a
meeting hereof,
rr>Q..1)lnT
day
of
Aoril
, 1990, by
the following vote, to wit:
AYES:
Council Mp-mhP-IS F.strndd Re;llv Flores Maudslev.
20
21
22
23
24
25
NAYS:
ABSENT:
The foregoing
26 .3)1 I
27
day of
28 Page 2 of 3
02/19/90
Mi n01' Pone-Ludldm MilleI'
Nonp.
None
_.4b~~~ft:::
City Clerk
resolution is hereby approv~d this
Aoril
, 1990 ~
,
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RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING WAGES,
HOURS, INSURANCE BENEFITS AND WORKING CONDITIONS FOR FIRE
SAFETY EMPLOYEES WORKING IN JOB CLASSIFICATIONS REPRESENTED
1 BY FIRE FIGHTERS, LOCAL 891
2
3
4
5
6
7
8
Approved as to form
9 and legal content:
10 JAMES F. PENMAN
City Attorney
11
12
13
14
15
16
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By: ~ ;Z t~~
PD ~1 jyr 1/26/90
28 Page 3 of 3
02/19/90
Holcomb, Mayor
Bernardino
FIRE SAFETY
RESOLUTION
ARTICLE
1
2
3
4
5
6
7
8
9
10
11
12
13
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EXHIBIT A
TITLE
PAGE
Table of Contents
i
Definition of Terms
1
Recognition
4
Agency Personnel Rules
4
Nondiscrimination
5
Management Rights
5
Employees' Rights
7
Wages
8
Workweek
10
Overtime
11
Holidays
12
Vacation
12
sick Leave
13
Workers' Compensation Injury
12
Deferred Compensation
14
Retirement Plan
14
Leave provisions
15
Health Related Insurance
15
Trading Time
17
Payroll Deductions
18
Pay for Paramedic Assignment
19
Re-employment
20
Probationary Period
20
Work Uniforms
20
Seniority
21
Related Work Standards
21
Books and Tuition Allowance
i
21
..
).
26
Safety Committee
22
27
Payment of Unused sick Leave
22
28
Educational/Longevity Pay
23
29
Court Fines
23
30
On call,Call-back,Stand-by
24
31
Physical Fitness
25
32
Replacing/Repairing Personal
Property
25
33
Safety Equipment
25
34
Personnel Files
25
35
Political Activity
26
36
Investigation Rights
26
37
Financial Disclosure
31
38
Locker Search
32
39
Use of City Resources
32
40
Employee Representatives
33
41
Grievance Procedure
34
42
Polygraph Examination
40
43
Labor Management Committee
41
44
Severability
41
45
Notice of Intent to Reopen
42
46
Term
42
47
Prevailing Benefits
43
Index
44
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RESOLUTION
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Administration:
Appointinq
Authoritv:
city:
Classifications:
PD F-l MOU 12-11-89
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DEFINITION OF TERMS
Shall include any elected or appointed
official of the city and any employee of
the City whose job classification is
Management or Confidential employee.
Fire Chief, Deputy Chief or Assistant
Chief of the city of San Bernardino Fire
Department.
Shall mean the City of San Bernardino.
Fire Fighter, Fire Inspector, Engineer,
captain,
Assistant
Fire
Prevention
Engineer.
Additional titles
may be
established by the Mayor and Cornmon
council, but titles for local safety
members of the Fire Department shall be
placed in the classification having the
most nearly equal duties and responsi-
bilities.
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RESOLUTION
--FIRE SAFETY
Department:
Division:
Emplovee Public
Safetv Officer:
Emplovee
Orqanization:
Emplover:
Gender:
PD F-1 MOU 12-11-89
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San Bernardino city Fire Department.
Division shall refer to anyone of the
major Divisions of the Department.
The term "employee" shall include
all Safety personnel within the Fire
Department bargaining unit.
San Bernardino and Rialto Fire Fighters
Union, Local 891.
Shall
include
San
City
the
of
Bernardino, the Fire Department, or any
Management
Administrative
or
representative
or
Elected
Official
thereof.
The masculine gender also includes the
feminine.
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RESOLUTION
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Mandatorv and
permissive:
Member:
Shift:
Sinqular and
Plural
Tense:
PD F-1 MOU 12-11-89
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"Shall"
is
"May"
is
mandatory,
permissive.
Shall include Fire Safety Personnel as
defined
by section #20021
of
the
Government Code in the classifications
listed herein.
Means a twenty-four hour duty for the
Fire Department except for the positions
of
Fire Chief,
or
Chief,
Deputy
Assistant Chief, local safety members
working in the Fire Prevention Bureau,
and such members as may hereafter be
granted a forty hour average work week.
For pay purposes only, one twenty-four
hour shift is equivalent to twenty-four
hours.
The singular also includes the plural.
The present tense shall also include the
past and future.
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RESOLUTION
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Union:
San Bernardino and Rialto Fire Fighters'
Union, Local 891.
ARTICLE 1
Recoqnition
Formal recognition of the Union is acknowledged for purposes
of meeting and conferring on wages, hours and other terms and
conditions of employment and of general representation of its
members. The Union has been recognized formally as the
majority representative of Fire Fighters, Fire Prevention
Inspectors, Engineers and captains of the San Bernardino Fire
Department.
ARTICLE 2
Aqencv Personnel Rules
It is understood and agreed that there exists within the City
in written or unwritten form, certain personnel rules,
policies, practices and benefits; Resolution No. 10584,
Establishing Uniform and Orderly Methods of Communications
between the City and its Employees for the Purpose of Pro-
moting Improved Employer-Employee Relations, as amended, and
Resolution No. 10585, adopting Rules and Regulations relating
to employer-employee relations, as amended, which documents
will continue in effect, except for those provisions modified
by the Common Council in accordance with State Laws, orders,
regulations, official instructions or policies. In case of
PD F-1 MOU 12-11-89
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RESOLUTION
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proposed changes, by other than agreement, the Union shall be
consulted with prior
to these
changes.
In cases of
emergency, the Union and City will meet as soon as possible
after the change.
ARTICLE 3
Nondiscrimination
The provisions of this Resolution shall be applied equally by
the City and the Union, to all employees covered hereby
without favor or discrimination because of race, sex, age,
national
origin, political
or religious
opinions
or
affiliations.
ARTICLE 4
Manaqement Riqhts
This Resolution shall not be deemed to limit or curtail the
City in any way in the exercise of the rights, powers, and
authority which the City had prior to adopting this Resolu-
tion, except to the extent that the provisions of the
Resolution specifically curtails or limits such rights,
powers, and authority. Furthermore, the City retains all its
exclusive rights and authority under City Charter, Ordinance,
Resolutions, State and Federal Law, and expressly and
exclusively retains its management rights, which include but
are not limited to: the exclusive right to determine the
PD F-l MOU 12-11-89
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RESOLUTION
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mission of its constituent departments, commissions, and
boards; set standards of selection
for employment and
promotions; direct its employees; establish and enforce dress
and grooming standards; determine the methods and means to
relieve its employees from duty because of lack of work or
other lawful reasons subject to applicable civil Service
Rules and procedures; maintain the efficiency of governmental
operations; determine the methods, means, and numbers and
kinds of personnel by which government operations are to be
conducted;
determine
the content
and intent
of job
classifications; determine methods of financing; determine
style and/or types of City-issued wearing apparel, equipment
or technology to be used; determine and/or change the
facilities,
methods, technology,
means,
organizational
structure and size and composition of work force and allocate
and assign work by which the City operations are to be
conducted provided, however,
that no such measures as
threaten the safety of employees shall be adopted; determine
and change the number of work locations, relocations, and
types of operations, processes and materials to be used in
carrying out all City functions including, but not limited
to, the right to contract for or sub-contract any work or
operations of the City; assign work to and schedule employees
in accordance with requirements as determined by the City and
establish and change work schedules and assignments upon
reasonable notice; establish and modify productivity and
PD F-l MOU 12-11-89
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RESOLUTION
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performance
programs and standards; discharge, suspend,
.
demote, reprimand, withhold salary increases and benefits,
except such as are mandated by City Charter, or otherwise
discipline employees in accordance with the applicable law;
establish employee performance standards including, but not
limited to, quality and quantity standards; and carry out its
mission in emergencies, and exercise complete control and
discretion over its organization and the technology of
performing its work.
ARTICLE 5
Emplovees' Riqhts
Employees shall have all the rights which may be exercised in
accordance with State Law, the Charter, and applicable
ordinances, resolutions, rules and regulations including the
right to:
(a) Form, join and participate in the activities of
employee organizations of their own choosing for
the purpose of representation on all matters of
employer-employee relations.
(b) Refuse to join or participate in the activities of
employee organizations and the right to represent
themselves
individually
in
their
employment
relations with the city.
PD F-1 MOU 12-11-89
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RESOLUTION
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(c) Be free from interference, intimidation, restraint,
coercion, discrimination, or reprisal by other
employees, employee organizations, management or
supervisors, as a result of their exercise of
rights indicated in (a) and (b) above.
ARTICLE 6
Waqes
A. During the term of this Resolution, the monthly salaries
of Local Safety members of the San Bernardino Fire
Department included in classifications Firefighter, Fire
Inspector, Engineer, Assistant Fire Prevention Engineer,
captain, and additional classifications within as may be
established by the Mayor and Common Council shall be
fixed annually on August 1 of each year at the amount
equal to the arithmetic average of the monthly salaries,
paid or approved for payment to Local Safety members of
like or most
nearly comparable
positions of ten
California cities with populations of between 100,000
and 250,000 as shown in the latest Annual Report of
Financial Transactions of California cities published by
the State Controller.
B. The ten cities used for fixing the monthly salaries
shall be those ten cities remaining from an original and
complete list of all California cities in the 100,000 to
PD F-l MOU 12-11-89
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RESOLUTION
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250,000 population range based on the latest Annual
Report of Financial Transactions of California Cities,
published by the State controller after representatives
of the city and the appropriate recognized employee
organization have alternately struck the names of cities
from the list one at a time until the names of ten
cities remain. The representatives to strike the first
name from the list shall be determined by lot.
C. In the event one or more of the ten cities does not have
one or more of the comparable position classifications,
the monthly salary for the particular classification
shall be computed as the arithmetic average of the next
highest and next lowest comparable position classifica-
tion of that city.
D. The salaries paid in step "A" shall be the same as the
arithmetic average of the starting salaries of the
comparable positions in the ten cities and the salaries
paid in step "E" shall be the same as the arithmetic
average of the top salaries paid in comparable positions
in the ten cities. The salaries paid in step "B", "c"
and "D" shall be fixed at amounts which will cause the
Local Safety members in the San Bernardino Fire Depart-
ment to advance from the starting steps to the maximum
PD F-1 MOU 12-11-89
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RESOLUTION
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pay steps in approximately equal salary advances.
E. New employees shall be hired at the "A" step of the
established
base salary range except as otherwise
provided in this Resolution.
F.
Any Local
Safety
member of
the Fire Department
temporarily acting in a position in a higher rank during
period of absence of the incumbent or during a vacancy
in the position for more than ten consecutive working
days or five consecutive shifts, shall receive the same
salary for the higher rank to which he would be
entitled, were he promoted to that rank during the
period in which the employee is acting in the higher
rank. The Fire Chief shall certify as to the assignment
and the period of time worked in the higher rank to
validate entitlement to the higher salary.
ARTICLE 7
Workweek
The average work week for "shift" personnel shall be 56
hours. Shift calendars shall be provided to employees by the
city.
PD F-1 MOU 12-11-89
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RESOLUTION
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ARTICLE 8
Overtime
Overtime worked in excess of the above average work week
shall be paid at the applicable time and one-half overtime
rate under either the Fair Labor Standards Act or Charter
section 186.
(a) policv:
It is the policy of the City to discourage
overtime except when necessitated by
abnormal
or
unanticipated workload situations.
The city has the
right to require overtime to be worked as necessary.
Consistent with this policy, the Fire Chief, Deputy
Chief and Battalion Chiefs, will make every effort to
assign overtime evenly among the employees with similar
skills or assignments.
(b) Definition:
Overtime is defined as all hours worked in
excess of the regularly scheduled work week. All
overtime shall be reported in increments of fifteen
minutes and is non accumulative and nonpayable when
incurred in units of less than fifteen minutes. Holiday
leave, sick leave, vacation leave and court time shall
be considered as time worked for purposes of computing
overtime compensation.
PD F-l MOU 12-11-89
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RESOLUTION
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(cl Compensation:
Payment for overtime shall be made on
the first regular payday following the pay period in
which overtime is worked, unless overtime compensation
cannot be computed until some later date, in which case
overtime will be paid on the next regular payday after
such computation can be made.
ARTICLE 9
Holidavs
All members within the bargaining unit shall be entitled to
twelve holidays per year or six shifts per year.
ARTICLE 10
Vacation
All members within the bargaining unit shall be entitled to
annual paid vacation as follows:
Completed Years of
Days/Shifts of
Rate of Accrual
continuous Service
Paid Vacation
Per Month
1
10 days or 5
0.833 working days
shifts
10
15 days or 7 1/2
1.25 working days
shifts
20
20 days or 10
1.667 working days
PD F-l MOU 12-11-89
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RESOLUTION
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Members will be permitted to carryover all or a portion of
vacation credit into the next succeeding year with the
concurrence of the Fire Chief, provided that accrued vacation
credit does not exceed vacation credit for two years at any
time. Resolution No. 6433, section Eleven, shall remain in
effect where applicable to the bargaining unit members.
ARTICLE 11
sick Leave
All members will be authorized to use earned sick leave after
six months of continuous employment with the city.
sick
leave will accrue at the rate of one day per month or at a
rate of 3.7 hours per pay period for employees scheduled to
work forty hours per week, or 1/2 shift per month or 5.538
hours per pay period for shift employees, not to exceed
twelve days per year or six shifts per year, with no limit as
to the number of days/shifts that may accrue. For purposes
of usage, two sick days shall equal one shift. Resolution
No. 6433, section Five, shall remain in effect where applic-
cable to the bargaining unit members.
ARTICLE 12
Workers' Compensation Iniurv
Members will have a choice of Doctor and Hospital for work
PD F-l MOU 12-11-89
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RESOLUTION
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related injuries, in accordance with existing State Labor
Code.
ARTICLE 13
Deferred Compensation
The City shall continue to sponsor a deferred compensation
plan which shall be available to employees on a voluntary
basis.
ARTICLE 14
Retirement Plan
The City shall continue to participate in an employees'
retirement plan for Public Safety Officers, by contract with
the California Public Employees' Retirement System (PERS)
under the current "2% at age 50" formula.
The city will contract with PERS to additionally provide the
"highest 12 month" retirement formula.
The city shall amend its contract with PERS to add the 1959
Survivor Benefit to be effective following completion of the
amendment process in accordance with PERS rules.
The City will pay the following percentage of the members'
contribution to PERS credited to the employee's account as a
fringe benefit:
PD F-1 MOU 12-11-89
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RESOLUTION
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Effective
citv pavment
December 1, 1989
4%
January 1, 1990
6%
July 1, 1990
7%
ARTICLE 15
Leave provisions
The provisions of city Resolution No. 6433, as amended, as of
April 6, 1978, concerning sick leave, injury leave, vacation,
holiday leave, leave of absence without pay and other leave,
as they apply to Fire Safety personnel, shall remain in
effect.
Employees elected to the Union Board shall 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 total time per calendar year
in the aggregate for such employees. This time is cumulative
up to a maximum of 576 hours.
ARTICLE 16
Health/Related Insurance
A. Effective on the date listed below, the City shall
contribute the amounts listed for the purchase of
PO F-1 MOU 12-11-89
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RESOLUTION
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insurance benefits offered by the city.
Any con-
tribution not utilized by an employee shall revert to
the city.
Employees with
Employees with one
Effective Date
no dependents
or more dependents
December 1, 1989
$ 64 month
$119 month
January 1, 1990
$109 month
$144 month
$164 month
August 1, 1990
$224 month
B. Insurance benefits available for purchase by employees
include medical, dental, vision, life, long-term disability,
and accidental death and dismemberment insurance.
C. An employee must purchase medical insurance offered
through the city in order to utilize the contributions
described in section A.
D. In addition to the contribution described in section A,
the City shall contribute a maximum of $16.00 per month per
employee to be used exclusively for the purchase of medical
insurance benefits.
E. Employees may use any of the amounts described in
Section A to purchase any or all of the insurance benefits
described in section B.
PD F-l MOU 12-11-89
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RESOLUTION
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F. Cafeteria monies may be redesignated or a change of
plans may be made in accordance with the rules established by
the insurance plan selected by the employee.
G. The City shall provide each employee with $3,000 life
insurance.
H. An employee may not add another city employee as a
dependent, or be added to another employee's city health plan
as a dependent, in order to receive "double coverage".
ARTICLE 17
Tradinq Time
Subject to the authorization of the Fire Chief, Deputy Chief,
or Battalion Chief, members in the bargaining unit should be
allowed to trade time with other employees of equal ability
on the following basis:
1. Trading time shall be with persons of equal ability
and be agreeable with both parties and shall be
requested in a memo signed by both employees.
2. Since this is done for the convenience of the
employee, in no case shall a trade arrangement or
PD F-1 MOU 12-11-89
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RESOLUTION
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repayment
of trading
time
be considered in
computation of overtime or certification to a
higher rank.
ARTICLE 18
pavro11 Deductions
It is agreed that Union membership dues, insurance and
premiums for plans sponsored by the Union shall be deducted
by the City from the pay warrant of each employee covered
hereby who files with the City a written authorization
requesting that such deduction be made. Remittance of the
aggregate amount of all membership dues and insurance pre-
miums deducted from the pay warrants of employees covered
hereby shall be made to the Union within thirty days after
the conclusion of the month in which said membership dues and
insurance premiums were deducted.
The City shall not be liable to the Union, employees, or any
other persons by reason of the requirements of this Article
for the remittance of any sum other than that constituting
actual deductions made from employee wages earned. The Union
shall hold the City harmless for any and all claims, demands,
suits, orders, judgments or other forms of liability that may
arise out of or by reason of action taken by the City under
this Article.
PD F-I MOU 12-11-89
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RESOLUTION
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ARTICLE 19
Pav for Paramedic Assiqnment
Pay for paramedic duty shall be paid as listed below to
personnel certified as "active" by the Fire Chief:
Year
Amount
1-2
$200jmonth
$250jmonth
$300jmonth
0-1
2+
Only those individuals approved by the Fire Chief shall
receive additional compensation as noted above. No pay for
paramedic service will be received for extended period of
absence from paramedic duties due to injury, illness or re-
assignment to non-paramedic duties.
A Recertification Bonus is offered starting January 1, 1990,
as follows:
a. For paramedics recertifying after completion of
probation;
b. Paramedics use own time for earning Continuing
Education Units;
c. city reimburses paramedic for recertification fees
upon successful recertification;
d. If candidate fails, the repeat test(s) will be paid
PD F-l MOU 12-11-89
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RESOLUTION
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by the individual;
e. Paramedic receives $250 upon successful completion
of each three month period in the program during
the first year following recertification for a
maximum available bonus of $1000.00.
ARTICLE 20
Re-emolovrnent
A member who has terminated City employment, and who is
subsequently rehired in the same classification in a regular
position within a ninety day period, may receive restoration
of salary step. Seniority shall begin anew as of the rehire
date. All other authorized benefits shall accrue as on the
date of rehire.
ARTICLE 21
Probationarv Period
The probationary period for positions in this unit shall be
twelve months from the date of hire.
ARTICLE 22
Work Uniforms
The city will furnish, and replace as needed, four work
shirts and three pairs of work trousers to each member.
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ARTICLE 23
senioritv
Seniority is herein defined to be an employee's length of
service, with no break in service, within the Fire Department
and/or classification in which the employee is presently
assigned.
The Department may use seniority in vacation
scheduling, shift assignments and transfers within classi-
fications.
ARTICLE 24
Related Work Standards
During the term of this Resolution, the City and the Union
agree to meet and confer on related work standards as used in
job descriptions in an effort to establish reasonable
guidelines for employees in that unit.
ARTICLE 25
Books and Tuition Allowance
The city will continue, under its formalized procedures, to
pay tuition
costs for
members who complete
with
a
satisfactory grade of "B" or better prior-approved, job
related courses of instruction, which will increase their
value to the city. Reimbursement for books required for the
approved course or courses may be authorized, provided such
books are tendered to the City at the time reimbursement for
PD F-2 MOU 12-11-89
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RESOLUTION
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tuition is requested.
ARTICLE 26
Safetv Committee
The City Incident Review Board meets at least monthly to
review vehicular accidents/incidents which, after initial
assessment by the Risk Management Division, may have been
preventable.
The Union may select one of its members to participate as a
member of the Incident Review Board when the Board reviews an
accident/incident in which Fire personnel are involved. The
Chairman of the Review Board will inform the Union of the
date and time of Board meetings which will review such
incidents, at least forty-eight hours in advance.
ARTICLE 27
Payment of Unused sick Leave
After completion of five years of continuous full time
employment with the City, every member shall, upon retirement
or
death,
receive compensation
for fifty percent of
accumulated, unused sick leave, not to exceed payment for the
number of hours listed below:
PD F-2 MOU 12-11-89
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RESOLUTION
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Effective Date
40 hour/week emplovee
56 hour/week employee
12/1/89
1/1/90
480
720
560
840
ARTICLE 28
Educational/Lonqevity Pay
The city will pay $75.00 per month Educational/Longevity pay
above base rate to each member who has had a minimum of ten
years of continuous full time employment with the City and
has presented adequate proof that he has earned 20 semester
units or 30 quarter units of Fire Science courses, as defined
by the California State Department of Education Fire Science
Curriculum or other job related courses as defined by the
Fire Chief.
ARTICLE 29
Court Fines
The City shall pay for court fines imposed upon each member
as a result of his conviction of a traffic violation when
such member was directed to operate any faulty vehicle or
vehicular equipment which was the proximate cause of the
mechanical or other traffic violation, provided that such
violation did not result from improper or negligent operation
of the vehicle on the part of the member.
PD F-2 MOU 12-11-89
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RESOLUTION
-- FIRE SAFETY
ARTICLE 30
On call.Call-back.Stand-bv
Any employee in "on-call" status will receive four hours pay
for all or any portion of a twenty-four hour day. If "called
back" any time within the first four hours of "on-call", the
time worked will be deducted from the four hours "on call".
If the "call-back" occurs after four 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 three hours "standby"
pay.
If the employee is called to court and does not go
beyond 1200 hours on that day, it will be considered part of
the three hours "standby".
If the employee has to appear
after the noon recess, any additional time will be added to
the three 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
PD F-2 MOU 12-11-89
PAGE 24
RESOLUTION
-- FIRE SAFETY
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 regular straight rate.
ARTICLE 31
Phvsical Fitness
The city shall pay medical fees for the physical examination
of any fire safety member when such examination is required
and directed by the city.
ARTICLE 32
Replacinq/Repairinq Personal Propertv
The City shall continue to provide for the cost of replacing
or repairing personal property, of any employee, which is
lost or damaged in the performance of duty, as provided in
Administrative Directives.
ARTICLE 33
Safetv Equipment
All employees who are required by state law to have safety
equipment will be furnished the required safety equipment.
ARTICLE 34
Personnel Files
No member shall have any comment adverse to his interest
PD F-2 MOU 12-11-89
PAGE 25
RESOLUTION
-- FIRE SAFETY
entered in his personnel file, or any other file used for any
personnel purposes by his employer, without the member having
first read and signed the instrument containing the adverse
comment indicating he is aware of such comment, except that
such entry may be made if after reading such instrument the
member refuses to sign it. Should a member refuse to sign,
that fact should be noted on the document, and signed or
initialed by such member.
A member shall have thirty days within which to file a
written response to any adverse comment entered in his
personnel file. Such written response shall be attached to,
and shall accompany, the adverse comment.
ARTICLE 35
Political Activitv
Except as otherwise provided by law, or whenever on duty or
in uniform, no member shall be prohibited from engaging, or
be coerced or required to engage in political activity.
ARTICLE 36
Investiqation Riqhts
When any member is under investigation and subjected to
interrogation by the Fire Chief, or any other member of the
Fire Department, which could lead to punitive action, such
PD F-2 MOU 12-11-89
PAGE 26
RESOLUTION
-- FIRE SAFETY
interrogation shall
be
conducted
under the following
conditions. For the purpose of this Article, punitive action
is defined as any action which may lead to dismissal, demo-
tion, suspension, reduction in salary, written reprimand, or
transfer for purposes of punishment.
(a) The interrogation shall be conducted at a reason-
able hour, preferably at a time when the member is
on duty, or during the normal waking hours for the
member. If such interrogation does occur during
off-duty time of the member being interrogated, the
member shall be compensated for such off-duty time
in accordance with regular department procedures,
and
the member shall not
be released
from
employment
for
any
work missed unless
the
seriousness
of
the
investigation
requires
otherwise.
(b) The member under investigation shall be informed
prior to such interrogation of the rank, name and
command of
the
official in
charge
of the
interrogation, the interrogating official, and all
other
persons
to
be
present
during
the
interrogation. All questions directed to the member
under interrogation shall be asked by and through
no more than two interrogators at one time.
PD F-2 MOU 12-11-89
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RESOLUTION
-- FIRE SAFETY
(c) The member under investigation shall be informed of
the nature of the investigation prior to the
interrogation.
(d) The interrogating session shall be for a reasonable
period taking into consideration the gravity and
complexity of the issue being investigated. The
person under interrogation shall be allowed to
attend to his own personal physical necessities.
(e) The member under interrogation shall not be sub-
jected to offensive language or threatened with
punitive action, except that a member refusing to
respond to questions or submit to interrogations
shall be informed that failure to answer questions
directly related to the investigation or interro-
gation may result in punitive action. No promise
of reward shall be made as an inducement to answer
any question. The employer shall not cause the
member under interrogation to be subjected to
visits by the press or news media without his
express consent nor shall his home address or
photogragh be given to the press or news media
without his express consent.
PD F-2 MOU 12-11-89
PAGE 28
RESOLUTION
-- FIRE SAFETY
(f) The complete interrogation of a member may be
recorded. If a tape recording is made of the
interrogation, the member shall have access to the
tape if any further proceedings are contemplated or
prior to any further interrogation at a subsequent
time.
The member
shall be
entitled to
a
transcribed
copy of
any
notes made
by
a
stenographer or to any reports or complaints made
by investigators or other persons, except those
which are deemed by the investigating agency to be
confidential. No notes or reports which are deemed
to be confidential may be entered in the member's
personnel file.
The member being interrogated
shall have the right to bring his own recording
device and record any and all aspects of the
interrogation.
(g) If prior to or during the interrogation of a member
it is deemed that he may be charged with a criminal
offense, he shall be immediately informed of his
constitutional rights.
(h) Upon the filing of a formal written statement of
charges or whenever an interrogation focuses on
matters which are likely to result in punitive
PD F-2 MOU 12-11-89
PAGE 29
RESOLUTION
-- FIRE SAFETY
action against any member, that member, at his
request, shall have the right to be represented by
a representative of his choice who may be present
at all times during such interrogation. The
representative shall not be a person subject to the
same investigation.
This Article shall not apply to any interrogation
of a member in the normal course of duty, counsel-
ing, instruction, or informal verbal admonishment
by, or other routine or unplanned contact with a
supervisor or any other member, nor shall this
section apply to an investigation concerned solely
and directly with alleged criminal activities.
Lawful exercise of rights; insubordination; administrative
appeal:
(a) No member shall be subjected to punitive action, or
denied promotion, or be threatened with any such
treatment, because of the lawful exercise of the
rights granted under this Article, or the exercise
of any rights under any existing administrative
grievance procedure.
PD F-2 MOU 12-11-89
PAGE 30
..
RESOLUTION
-- FIRE SAFETY
Nothing in this Article shall preclude a head of
any agency from ordering a member to cooperate with
other agencies involved in criminal investigations.
If a member fails to comply with such an order, the
agency may officially charge him with insubordina-
tion.
(b) No punitive action, nor denial of promotion on
grounds other than merit, shall be undertaken by
any public agency without providing the member with
an opportunity for administrative appeal.
ARTICLE 37
Financial Disclosure
No member shall be required or requested for purposes of job
assignment or other personnel action to disclose any item of
his property, income, assets, source of income, debts, or
personal or domestic expenditures (including those of any
member of his family or household) unless such information is
obtained or required under a state law or proper legal
procedure, tends to indicate a conflict of interest with
respect to the performance of his official duties, or is
necessary for the employing agency to ascertain the desir-
ability of assigning the member to a specialized unit in
which there is a strong possibility that bribes or other
PD F-2 MOU 12-11-89
PAGE 31
RESOLUTION
-- FIRE SAFETY
improper inducements may be offered.
ARTICLE 38
Locker Search
No member shall have their locker, or other space for storage
that may be assigned to them, searched except in their pre-
sence, or with his/her consent, or unless a valid search
warrant has been obtained or where the member has been
notified that a search will be conducted. This section shall
apply only to lockers or other space for storage that are
owned or leased by the employing agency.
ARTICLE 39
Use of Citv Resources
The Union may be granted permission to use Department facil-
ities for the purpose of meeting with employees to conduct
its internal affairs provided space for such meetings can be
made available without interfering with City needs. Per-
mission to use facilities must be obtained by the Union from
the Chief or designated representative. The Union shall be
held fully responsible for any damages and for the security
of any facility that is used by the Union.
The Department will furnish adequate bulletin board space
where currently available.
Only areas designated by the
PD F-2 MOU 12-11-89
PAGE 32
RESOLUTION
-- FIRE SAFETY
appointing authority may be used for posting
notices.
Bulletin Boards may be used for the following notices:
A. Scheduled Union meetings, agenda and minutes.
B. Information on Union Elections and the results.
C. Information regarding Union special, recreational
and related bulletins.
D. Reports of official business of Union including
reports of committees or the Board of Directors.
E. Pay scales, job announcements, promotion lists,
etc.
F. Such other items as may be approved by the Depart-
ment management upon request of the Union.
Posted notices shall not be obscene, or defamatory, nor shall
they advocate election or defeat of candidates for public
office. All notices to be posted may be dated and signed by
an authorized representative of the Union and should have the
prior written approval of the Chief or his authorized repre-
sentative.
ARTICLE 40
Emplovee Representatives
When requested by a member of the unit, a job representative
may investigate any alleged grievance in the Department and
assist in its presentation.
The representatives shall be
allowed reasonable time therefore during
working hours
PO F-2 MOU 12-11-89
PAGE 33
,
.
RESOLUTION
-- FIRE SAFETY
without loss of time or pay, upon notification and approval
of their immediate supervisor with the concurrence of the
appropriate Division or Fire Chief. The privilege of a Job
Representative to leave their work during work hours without
loss of time or pay is subject to the understanding that the
time will be devoted to the proper handling of grievances and
will not be abused.
Such time shall be excluded in any
computation of overtime.
Job Representatives will perform
their regularly assigned work at all times, except when
necessary to leave their work to handle grievances as
provided herein. A Job Representative will not be granted
time-off, or compensation, for the purpose of handling
grievances outside this unit. The Union shall notify the
City of the names of each Job Representative. Anyone not on
the list will not be recognized.
A ratio of one Job
Representative for every sixty permanent employees in the
unit, but not less than four shall be recognized by the City.
ARTICLE 41
Grievance Procedure
PURPOSE:
The City of San Bernardino and the Union realize
the importance of a viable Grievance Procedure to aid in the
resolution of disputes among employees, supervisors, and
management. It is recognized that, to maintain high employee
morale and harmonious relations, an orderly method of pro-
PD F-2 MOU 12-11-89
PAGE 34
RESOLUTION
-- FIRE SAFETY
cessing a grievance is necessary.
This procedure is intended to establish a systematic means to
process a grievance and to obtain fair and proper answers and
decisions regarding employee complaints. The representatives
of employees and management at all levels will make contin-
uing efforts to secure prompt disposition of grievances.
Every effort should be made to resolve grievances in the
informal process.
The initiation of a grievance in good faith by an employee
shall not cast any adverse reflection on his standing with
his supervisor or his loyalty as a City employee, nor be a
reflection on the employee's supervisor or the department
involved unless it is determined that such department or
supervisor has grossly abused management discretion or the
employee has grossly abused the grievance process.
DEFINITION OF A GRIEVANCE:
A grievance is an alleged
violation of the terms of this Resolution. Appeals arising
out of civil Service examinations shall be submitted directly
to the civil Service Board. Allegations of discrimination
shall be submitted to the Affirmative Action Officer.
Once
one of the above processes has begun, it shall be the exclu-
sive one for the Union.
PD F-2 MOU 12-11-89
PAGE 35
RESOLUTION
-- FIRE SAFETY
REPRESENTATION:
The aggrieved employee shall have the right
to be represented.
This representation may commence at any
step in the Grievance Procedure.
Legal Counsel and/or
official representatives of the recognized employee organi-
zation only can represent the employee. No person hearing a
grievance need recognize more than one representative for any
employee at anyone time, unless he/she so desires. If the
employee's Legal Counsel is not from the formally recognized
employee organization, a representative of that formally
recognized organization may attend the grievance hearing to
insure that the solution reached does not violate the terms
of this Resolution.
CONSOLIDATION OF GRIEVANCES:
In
order to avoid
the
necessity of processing numerous similar grievances at one
time, a single "class" grievance may be filed.
TIME LIMITATIONS:
Are established to settle a grievance
quickly. Time limits may be modified by agreement of the
parties.
If at any stage of this Grievance Procedure the
grievant is dissatisfied with the decision rendered, it shall
be the grievant's responsibility to initiate the action which
submits the grievance to the next level of review. The
grievant may proceed to the next step if a reviewing official
does not respond within the time limits specified. A formal
PD F-2 MOU 12-11-89
PAGE 36
RESOLUTION
-- FIRE SAFETY
grievance may be entertained in or advanced to any step if
the parties jointly so agree.
STEPS IN THE GRIEVANCE PROCEDURE:
The procedures outlined
herein constitute the informal and formal steps necessary to
resolve an employee's grievance.
An attempt to settle a
grievance in the informal structure at the employee-super-
visor level is required. The grievance must be submitted to
the Informal Step within ten working days after the employee
is aware of the conditions precipitating the grievance.
1) Informal: Initially, the grieving employee shall, on a
personal face-to-face basis, discuss his/her complaint
with his/her immediate supervisor informally. Within 5
working days, the supervisor shall give the decision to
the employee orally.
2 ) Formal:
Step 1. written Grievance to Supervisor
If a mutually acceptable solution has not been reached
in the informal process, the employee shall submit the
grievance in writing to his/her immediate supervisor.
This must be accomplished within 10 working days of
PD F-2 MOU 12-11-89
PAGE 37
'.
RESOLUTION
-- FIRE SAFETY
being informed of the supervisor's informal decision.
within
5 working
days of receiving the
written
notification of the employee's grievance, the supervisor
may meet with the employee and thoroughly discuss the
grievance.
The employee may appear personally and may
be represented by a representative of his/her choice. In
any event, the supervisor shall give a written decision
to the employee within 5 working days after receipt of
the written grievance.
Step 2.
Meet with Division Head
If the grievance has not been satisfactorily resolved at
this level, it may be appealed within 5 working days to
the Division Head who may follow the steps outlined in
Step 1 above.
In any event, the Division Head shall
give a written decision to the employee within five
working days after receipt of the grievance. If the
grievance has not been satisfactorily resolved at this
level, it may be appealed within 5 working days to the
Chief.
Step 3.
Meet with Fire Chief
If the grievance has not been satisfactorily resolved at
this level, it may be appealed within 5 working days to
the Chief who may follow the steps outlined in Step 2
PO F-2 MOU 12-11-89
PAGE 38
RESOLUTION
-- FIRE SAFETY
above.
In any event, the Chief shall give a written
decision to the employee within 5 working days after
receipt of the grievance. If the grievance has not been
satisfactorily resolved
at this level, it may be
appealed within five working days to the Director of
Personnel.
Step 4.
Review bv the Director of Personnel
within 5 working days after receiving the appeal, the
Director of Personnel shall review the matter and give a
decision. If the grievance has not been satisfactorily
resolved by the Director of Personnel, the appeal may be
made within 5 working days to the next step.
Step 5.
Final Step
a. If
the grievance has
not been satisfactorily
resolved,
the employee may
appeal
to the
city
Administrator. Such appeal must be made within five
working days, in writing, accompanied by the report of
the Director of Personnel.
b. The city Administrator will be advised of the
general nature of the case and will set a time, date and
place for hearing the grievance within 30 calendar days.
The grievant and the Department will be notified of the
PD F-2 MOU 12-11-89
PAGE 39
RESOLUTION
-- FIRE SAFETY
date, time and place of the hearing.
c. Pre-hearing conferences will be held as necessary.
witnesses or documentary evidence will be provided by
each of the parties prior to the hearing.
d. The decision of the City Administrator will be in
writing and transmitted to the parties within 7 working
days after the
close of the hearing.
The
City
Administrator's decision is final and binding on all
parties, unless reversed by court decision.
e. All grievances shall be treated as confidential and
no publicity will be given the final resolution of the
grievance.
ARTICLE 42
polvqraoh Examination
No member shall be compelled to submit to a polygraph exam-
ination against his will. No disciplinary action or other
recrimination shall be taken against a member refusing to
submit to a polygraph examination, nor shall any comment be
entered anywhere in the investigator's notes or anywhere else
that the member refused to take a polygraph examination, nor
shall any testimony or evidence be admissible at a subsequent
PD F-2 MOU 12-11-89
PAGE 40
RESOLUTION
-- FIRE SAFETY
hearing, trial or proceeding, judicial or administrative, to
the effect that the member refused to take a polygraph
examination.
ARTICLE 43
Labor Manaqement Committee
The Union will designate four representatives who will meet
with representatives of the Fire Department management on a
mutually agreeable basis to discuss matters pertinent to the
welfare of the Department and the employees. The Union may
have additional representatives present when appropriate for
the discussion of scheduled matters. Normally such meetings
shall be during regular working hours.
ARTICLE 44
Severabilitv
If any provision of this Resolution is held by the proper
legislative or judicial authority to be unlawful, unenforce-
able, unconstitutional, or not in accordance with applicable
statutes or not applicable to Charter cities, all other
provisions of the Resolution shall remain in full force and
effect for the duration of this Resolution. If there is any
conflict between the provisions of this Resolution and the
provisions of federal, state or local government regulations,
the provisions of the federal, state or local government
PD F-2 MOU 12-11-89
PAGE 41
RESOLUTION
-- FIRE SAFETY
regulations shall be controlling. Upon the issuance of a
decision declaring any Article, section or portion of this
Resolution to be unlawful, unenforceable, unconstitutional or
not applicable to Charter cities, the parties agree to meet
and confer immediately concerning only those
Articles,
sections or portions.
ARTICLE 45
Notice of Intent to ReoDen
The parties agree that, if either party desires to propose
changes in the terms or conditions of this Resolution for the
period following expiration of this Resolution, the City and
Union will strive to meet 60 days prior to the expiration of
the Resolution and discuss their intent to negotiate.
Such
notice shall request a meeting to begin negotiations and
establish ground rules which shall include, at a minimum, the
date beyond which no further proposals may be submitted by
either party.
ARTICLE 46
Term
This Resolution shall be effective from December 1, 1989
through November 30, 1990.
If negotiations regarding a
Memorandum of Understanding are in progress on November 30,
1990,
this Resolution shall remain in effect until a
PD F-2 MOU 12-11-89
PAGE 42
.
RESOLUTION
-- FIRE SAFETY
successor Memorandum of Understanding or successor Resolution
is adopted by the city.
ARTICLE 47
prevailinq Benefits
All benefits, privileges, and working conditions authorized
for the members at the present time, which are not included
in this Resolution, shall remain in full force during the
term of this Resolution unless changed by mutual consent.
PD F-2 MOU 12-11-89
PAGE 43
RESOLUTION
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.
.
.
.
I N D E X
TITLE
Agency Personnel Rules
Books and Tuition Allowance
Court Fines
Deferred Compensation
Educational/longevity Pay
Employee Representatives
Employees' Rights
Financial Disclosure
Grievance Procedure
Health Related Insurance
Holidays
Investigation Rights
Labor Management Committee
Leave provisions (sick Leave
see Page 13)
Locker Search
Management Rights
Notice of Intent to Reopen
Nondiscrimination
On Call, Call-back, Standby
PD F-2 MOU 12-11-89
ARTICLE
PAGE
2
4
25
21
29
23
13
14
28
23
40
33
5
7
37
31
41
34
16
15
9
12
36
26
43
40
15
15
38
32
4
5
45
42
3
5
30
24
PAGE 44
RESOLUTION
-- FIRE SAFETY
Overtime
Pay for Paramedic Assignment
Payment of Unused sick Leave
Payroll Deduction
Personnel Files
Physical Fitness
Political Activity
Polygraph Examination
Probationary Period
Prevailing Benefits
Re-employment
Recognition
Related Work Standards
Replacing/Repairing Personal
Property
Retirement Plan
Safety Committee
Safety Equipment
Seniority
Severability
sick Leave
Term
Trading Time
Tuition Allowance (see
"Books")
PD F-2 MOU 12-11-89
. ,0 .
, ' ,
8
11
19
19
27
22
18
18
34
25
31
25
35
26
42
40
21
20
47
43
20
20
1
4
24
21
32
35
14
14
26
22
33
25
23
21
44
41
11
13
46
42
17
17
25
21
PAGE 45
. "
. ,
RESOLUTION
-- FIRE SAFETY
Use of City Resources 39 32
vacation 10 12
Wages 6 8
Work Uniforms 22 20
Work Week 7 10
Workers Compensation Injury 12 13
PD F-2 MOU 12-11-89
PAGE 46