HomeMy WebLinkAbout1984-282
,
20
21
22
23
24
25
26
27
28
1 RESOLUTION NO. 84.,.282
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UNDER-
STANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE FIRE FIGHTERS UNION, LOCAL
3 391 (FIRE SAFETY EMPLOYEES), COMMENCING AUGUST 1,1984, AND TERMINATING JUNE 30;
1987. .
4
5
6
WHEREAS, the City's negotiators have met and conferred with representa~
tives of the Fire Fighters Union, Local 891, in accordance with the provisions
of the Meyers-Milias-Brown Act of the State of California; and
7
8
9
WHEREAS, the City's representatives and the Union representatives have
reached a Memorandum of Understanding for the period commencing on the first
day of August, 1984, and terminating the last of June, 1987; and
WHEREAS, said /1emorandum of Understanding has been reduced to writing
and a copy thereof is attached hereto, marked Exhibit "A" and incorporated
herein by reference as though fully set forth at length,
10
11
12
13
NOW, THEREFORE, BE IT RESOLVED BY THE f1AYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
14
15
SECTION 1. The Memorandum of Understanding between the City of San
Bernardino and the Fire Fighters Union, Local 891, dated August 6,1984, for
the Bargaining Unit of Fire Safety Employees for the period commencing on the
first day of August, 1984, and ending the last day of June, 1987, a copy of
which is attached hereto and incorporated herein, is hereby approved.
SECTION 2. The Mayor of the City of San Bernardino is hereby authorized
and directed to execute the Memorandum of Understanding for and on behalf of
the City of San Bernardino.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the
16
17
18
19
Mayor and Common Counci 1 of the Ci ty of San Bernardi no at a reqular
meeti ng thereof, held on the 6th
following vote, to wit:
day of
Auqust
, 1984, by the
, .-,
AYES: Counci 1 Members Castanena, "\eill v, Hernandez,
''''arks, fluiel, Prazier, Str.~_ckler
NAYS: None
ABSENT: None
/~~~
The foregoing resolution is hereby approved this l?'~day of
August
, 1984.
Approved as to form:
>
.
Memorandum of Understanding
Fire~af~ty_~mployees
ARTICLE
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
31
32
TABLE OF CONTENTS
EYA/~/t- tfPtf-;l!'2
I PREAMBLE AND TERM OF MEMORANDUM OF UNDERSTANDING
II DEFINITION OF TERMS
III ARTICLES
TITLE
Recognition
Agency Personnel Rules
Nondiscrimination
Management Rights
Employee Rights
Wages
Work Week
Overtime
Holidays
Vacation
Sick Leave
Workers Compensation Injury
Deferred Compensation
Retirement Plan
Leave Provisions
Health Related Insurance
Trading Time
Payroll Deductions
Pa ramed i c Pay
Reemployment
Probationary Period
Work Uni forms
Seniority
Related Work Standards
Books and Tuition Allowance
Sa fety Committee
Payment of Unused Sick Leave
Educational/Longevity Pay
Court Fi nes
On Call, Call-Back, Standby
Physical Fitness
Replacing/Repairing Personal Property
PAGE
1
1
1
1
2
3
4
4
4
5
5
5
5
6
6
6
7
7
8
8
8
8
9
10
10
10
10
11
11
11
12
12
"
,
Memorandum of Understanding
Fire Safety Employees
TABLE OF CONTENTS
continued
ARTICLE TITLE PAGE
33 Safety Equipment 12
34 Personne 1 Fil es 12
35 Political Activity 13 I
36 Investigation Rights 13
37 Financial Disclosure 15 i
38 Locker Search 15
39 Use of City Resources 16
40 Employee Representatives 16
41 Grievance Procedure 17
42 Polygraph Examination 20
43 Labor Management Committee 20
44 Wa her Cl ause 20
45 Severabi 1 i ty 21
46 Notice of Intent to Reo pen 22
47 Contract Printing 22
48 Prevailing Benefits 22
IV SIGNATURE PAGE
l
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SAN BERNARDINO
AND
THE FIREFIGHTERS UNION, LOCAL 891
This Memorandum of Understandin9 on hours and working conditions is between
the designated representative of the Mayor and Common Council of the City
of San Bernardino (hereinafter known as the City) and representatives of
the Fire Fighters Union, Local 891 (hereinafter known as the Union), rep-.
resenting the unit of fire fighters of the City of San Bernardino.
The City representative and the Union recommend to the Mayor and Common
Council that the terms and conditions of this Memorandum shall commence on
the first day of August, 1984 and continue until the last day of June,
1987. To the extent that implementation of these recommendations requires
action by the City Council, this Memorandum will serve as a request to this
body. that they be so implemented.
It is the purpose of this Memorandum for the parties hereto to confirm and
maintain the spirit of cooperation which has existed between the City of
San Bernardino and the employees of the City. The Union and the City will
strive to promote a harmonious relationship between the parties to this
Memorandum that will result in benefits to the City and will provide con-
tinuous and uninterrupted employee services.
If the negotiations on any of these terms and conditions of this Memoran-
dum of Understanding are in progress on the last day of June 1987, the
terms and conditions of the Memorandum of Understanding existing shall re-
main 1n effect until the negotiations are completed.
I
I
Administration:
I
Appointing
Authority:
Union:
City:
Department:
Division:
Employee/Public
Safety Officer:
Employee
Organization:
Employer:
Gender:
Mandatory and
Permi ss ive:
Membe r :
Tense:
Shift:
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 em-
ployee.
Fire Chief, Deputy. Chief or Assistant Chief of the
City of San Bernardino Fire Department.
San Bernardino and Ria1to Fire Fighters Union, Local
891.
Shall mean the City of San Bernardino.
San Bernardino City Fire Department.
"Division" shall refer to anyone of the major Divi-
sions of the Department.
The term "employee" shall include all Safety person-
nel within the Fire Department bargaining unit.
San Bernardino and Ria1to Fire Fighters Union, Local
891.
Shall include the City of San Bernardino, the Fire
Department, or any Management or Administrative rep-
resentative or Elected official thereof.
The masculine gender also includes the feminine.
"Sha l1"i s mandatory, "May" is permissive.
Shall include Fire Safety Personnel as defined by
Section #20021 of the Government Code in the classi-
fication of: Fire Fighter, Fire Inspector, Engineer,
Captain, Assistant Fire Prevention Engineer, and any
additional classification within, as may be estab-
lished by the Mayor and Common Council.
The present tense shall also include the past and
future.
Means a twenty-four (24) hour duty for the Fire De-
II
Classifications:
partment except for the positions of Fire Chief, Dep-
uty Chief, or Assistant Chief, local safety members
working in the Fire Prevention Bureau, and such mem-
bers as may hereafter be granted a forty (40) hour
average work week. For pay purposes only, one twenty-
four (24) hour shift is equivalent to 17.14 hours.
Fire Fighter, Fire Inspector, Engineer, Captain.
Assistant Fire Prevention Engineer. Additional ti-
tles may be established by the Mayor and Common Coun-
cil, but titles for local safety members of the Fire
Department shall be placed in the classification hav-
ing the most nearly equal duties and responsibilities.
II
-
ARTICLE I
Recognition
Formal recognition of the Union is acknowledged for purpose 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
Agency 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 Communi-
cations Between the City and its Employees for the Purpose of Promoting Im-
proved 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 City Council in accordance with State Laws, orders, regula-
tions, official instructions or policies. In the cases of 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 pos-
sible after the change.
ART! CLE 3
Nondiscrimination
The provisions of this agreement 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 afffl iations.
ARTICLE 4
Management Ri ghts
This Memorandum of Understanding 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 entering into this understanding, except to the
extent that the provisions of the Memorandum of Understanding specifically
curtai 1 s or 1 imits such ri ghts. powers, and authority. Furthermore, the City
retains all its exclusive rights and authority under City Charter, Ordi-
nance, Resolutions, State and Federal Law, and expressly and exclusiveLY
retai ns its management ri ghts, whi ch i nc1 ude but are not limited to: The
exclusive right to determine the mission of its constituent departments,
-1-
ARTICLE 4
Management Rights (Con't)
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 person-
nel by which government operations are to be conducted; determine the con-
tent 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 the change and 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; to assign work to and schedule employees in accordance with require-
ments as determined by the City and to establish and change work schedules
and assignments upon reasonable notice; establish and modify productivity
and performance programs and standards; discharge, suspend, demote, repri-
mand, 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 to carry out its mission in
emergencies, and to exercise complete control and discretion over its or-
ganization and the technology of performing its work.
ARTICLE 5
Employees' Rights
Employees shall have all the rights which may be exercised in accordance
with State Law, the Charter, and applicable ordinances, resolutions, rules
and regulations.
(a) The right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose
of representation on all matters or employer-employee relations.
(b) The right to 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,
(c) The right to be free from interference, intimidation, restraint,
coercion, discrimination, or reprisal by other employees, em-
ployee organizations, management or supervisors, as a result
of their exercise of rights indicated in (a) and (b) above.
-2-
ARTICLE 6
i
I
I
/
"-
1
~
Wages
A. During the term of this Memorandum of Understanding, the monthly sal-
aries of local Safety members of the San Bernardino Fire Department in-
cluded in classifications Fire Fighters, 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 an-
nually on August 1 of each year at the amount equal to the arithmetic aver-
age of the monthly salaries, paid or approved for payment to local Safety
members of like or most nearly comparable positions of the fire departments
of ten cities of California with populations of between 100,000 and 250,000
as shown in the latest Annual Report of Financial Transactions of Califor-
nia 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 250,000 population range based on the latest Annual Re-
port 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 representa-
tives 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 par-
ticular classification shall be computed as the arithmetic average of the
next highest and next lowest comparable position classification of that City.
D. The salaries paid in Step "A" shall be the same as the arithmetic aver-
age 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 aver-
age bf 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 Department
to advance from the starting steps to the maximum pay steps in approximately
equal salary advances.
I
E. New employees shall be hi red at the "A" step of the establ i shed base
salary range except as otherwise provided in this agreement.
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 dur-
ing a vacancy in the position for more than ten (10) consecutive working
days or five (5) 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.
-3-
I
,
I
.,
ARTI CLE 7
Work" Week
The average work week for "shift" personnel shall be 56 hours.
ARTICLE 8
Overtime
Overtime worked in the excess of the above average work week shall be paid
at the rate of straight time. With the concurrence of the Fire Chief, the
Fire Fighters covered by this Memorandum may opt to receive compensatory
time, at the rate of one hour for each overtime hour worked.
(a) Policy: It is the pJlicy of the City to discourage overtime ex-
cept when necessitated by abnormal or unanticipated workload
situations. The City has the r1ght 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 (lb) minutes and 1s non accum-
ulative and nonpayable when incurred in units of less than fif-
teen (15) minutes.
Holiday leave, sick leave, vacation leave ana court time shall
be as time worked for purposes of computing overtime compensa-
tion.
lC) ~ompensat10n: Payment for overtime shall be made on the first
regular payday fol lowing the pay per10d 1n whiCh overtime 1S
worked, unless overtime compe'nsation cannot be computed until
some late date, in whiCh case overtime wiil be pa1d on the next
regular payday after such computation can be made.
ARTI CLE g
Holidays
All members within the bargaining unit shall be entitled to eleven (11) hol-
idays per year or five and one-half (5~) shifts per year.
-4-
ARTICLE 10 .
Vacation
All members within the bargaining unit shall be entitled to annual paid
vacation as follows:
Completed Years of Days/Shifts of Paid Rate of Accrua I
Continuous Service Vacation Per Month
'i 1 10 days or 5 shi fts 0.83~ working days
i
I 10 15 days or 7'>2 shi fts 1.25 working days
zo 20 days or 10 shi fts 1.667 working days
Members will be permitted to carryover all or a portion of vacation cre-
dit into the next succeedi ng year wi th the concurrence of the Fi re Cni ef,
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 (6) months
of continuous employment with the City. Sick leave wil I accrue at the rate
of one day per month or at approximately 3.7 hours per pay period, not to
exceed twelve (12) days per year or six (6) shifts per year, with no limit
as to the number of days/shifts that may accrue. For purposes of usage, two
(2) sick days shall equal one (1) shift. Resolution No. 6433, Section Five
shall remain in effect where applicable to the bargaining unit members.
AIHICLE 12
Workers Compensation Injury
Members will have a choice of Doctor and Hospital on work related injury,
in accordance with existing State Labor Code.
ARTICLE 13
Deferred Compensation
The City shall continue to sponsor a Ueferred Compensation Plan which shall
be available to employees on a voluntary basis.
-5-
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. under the current "2% at age 50" formula.
The City will contract with PERS to additionally provide the "highest 12
month" retirement formula. The process to implement the "highest 12 month"
retirement formula. will be started immediately upon the approval of this
MOU by all parties.
The City will pay 1% of the fire safety employees contribution to the State
Retirement System. credited to the employees account as a fringe benefit.
effective with the second pay period following the approval of this MOU by
all parties.
ARTICLE l!i
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 ab-
sence 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 2B8 hours total time
per calendar year in the aggregate for such employees. This time is cumu-
lative up to a maximum of 576 hours.
ARTICLE 16
Health Related Insurance
A. The City shall continue its present policy of providing Blue Cross/
Kaiser employee group insurance up until a conversion to the "80/135" cafe-
teria plan takes place. On or about 1-1-85 and in conjunction with open en-
rollment for health plans. the City will convert to a cafeteria plan for
health related benefits. Fire Safety members with no dependents will have
$80 per month to utilize. Fire Safety members with 1 or more dependents
will have $135 per month to utilize. (The purchase of l-dependent health.
dental or vision insurance is required for an employee with dependent(s) to
avail themselves of the $135 amount.)
B. These amounts may be "spent" cafeteria style on one of the City's health
plans. dental plan or vision plan or additional life insurance plan. as made
available through the City. City contribution not "spent" on these plans is
not usable in any other way and reverts to the City if not util-
ized. Should the Blue Cross Health Plan rate for a single enrollee
-6-
ARTICLE 16
Health Related Insurance (Con't)
increase by 15% or more after the 1984 open enrollment period, the City's
cafeteria contribution will increase 10%. The 10% cafeteria increase is
applicable each year the Blue Cross Health Plan rate for a single enrollee
increases by 15% or more. Increases of the Blue Cross Plan as above under
15% shall be cumulative towards the 15%.
C. The City shall provide life insurance coverage of $3,000 at no cost
to the employee.
D. The City shall consult with the Union in the selection of all Health
Plans and the Association shall receive a copy of the available health-
life insurance claims experience, upon its request, provided that privacy
information is not violated.
E. The City and the Firefighters Local 891 will work to agree on a Long
Term Disability and Accidental Death and Dismemberment insurance plan.
Same to be added to cafeteria plan via the 1984 open enrollment after all
appropriate parties agree.
An employee within the bargaining unit may not add another City employee as
a dependent, or be added as a dependent to another employee's City-sponsored
health plan, in order to receive "double coverage". An employee who does
not choose to be covered under one of the City-sponsored health insurance
plans may not utilize these funds for any other purpose.
ARTICLE 17
I
Trading Time
Subject to the authorization of the Fire Chief, Deputy Chief, or Battal-
ion Chief, a Captain, members in the 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 agree-
able 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 repayment of trading time be conside-
ered in computation of overtime or certification to a higher rank.
ARTICLE 18
I
l
Payroll Deduction
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 authori-
zation requesting that such deduction be made. Remittance of the aggregate
-7-
ARTICLf 18 .
Payroll Deduction (Con't)
amount of all membership dues and insurance premiums deducted from the pay
warrants of employees covered hereby shall be made to the Union within thirty
(30) 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, de-
mands, suits, orders, judgements or other forms of liability that may arise
out of or by reason of action taken by the City under this Article.
ARTICLE 19
Pay for Paramedic Assignment
Pay for paramedic duty shall be paid at a flat rate of approximately $200.00
per month - specifically $92.30 per pay period to personnel certified as
"active" by the Fire Chief. Only those individuals approved by the Fire
Chief shall receive additional compensation as noted above. No pay for para-
medic service will be received for extended period of absence from paramedic
duties due to injury, illness or re-assignment to non-paramedic duties.
ARTICLE 20
Re-employment
A member who has terminated City employment, and who is subsequently rehired
in the same classification in a regular position wtthin a ninety (90) day
period, may receive restoration of salary step. Seniority shall begin anew
as of the rehire date. All other authorized benefits shall accure as of the
date of rehire.
ARTI CLE 21
Probationary Period
The probationary period for positions in this unit shall be twelve (12) months ,
from the date of hire. ,
ARTICLE 22
Work Uniforms
The City will furnish, and replace as needed, four (4) work shirts and three
(3) pairs of work trousers to each member.
-8-
ARTICLE 23
Seniority.
Seniority is herein deflned 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 consider seniority
in vacation scheduling, shift assignments and transfers within classifica-
tions.
THE REMAINDER OF THIS PAGE HAS BEEN LEFT BLANK INTENTIONALLY
-9-
ARTI CLE 24
Related Work Standards
During the term of the MOU the City and the Fire Fighters Union agree
to meet and confer on related work standards as used in job descrip-
tions in an effort to establish reasonable guidelines for employees in
that Unit.
ARTICLE 25
I
Books and Tuition Allowance
The City will continue, under its formalized procedures, to pay tui-
tion costs for Fire 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 tui-
tion is requested.
ARTICLE 26
Safety Committee
The City Incident Review Board meets at least monthly, to review vehicular
accidents/incidents which, after initial assessment by the Risk Manage-
ment Division, may have been preventable.
The Fire Fighters Union may select one of its members to participate
as a member of the Incident Review Board when the Board reviews an ac-
cident/incident in which Fire personnel are involved. The Chairman of
the Review Board will inform the Fire Union, of the date and time of
Board meetings which will review such incidents, at least forty-eight
(48) hours in advance.
~
I
'!
ARTICLE 27
Payment of Unused Sick Leave
After completion of five (5) years of continuous full time employment
with the City, every member shall, upon retirement or death, receive
compensation for fifty percent (50%) of accumulated, unused sick leave,
not to exceed 480 hours. Such payment shall be made to the beneficiary
of any Fire Fighter who dies during employment with the City after five
years of continuous full time employment with the City.
.10-
ARTICLE 28
Educational/Longevity 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 (10) years of contin-
uous 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 Edu-
cation 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 re-
sult 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.
ARTICLE 30
On Call, Call-Back, Standby
Any employee in "on-call" status will receive four (4) hours pay for
all or any portion of a twenty-four (24) hour day. If "called-back"
any time within the first four (4) hours of "on-call", the time worked
will be deducted from the four '(4) hours "on-call". If the "call-back"
. occurs after four (4) 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 (3) hours "standby" pay. If the em-
ployee is called to court and does not go beyond 1200 hours in that
day, it will be consi dered part of the three (3) hours "standby". If
the employee has to appear after the noon recess, any additional time
will be added to the three (3) hours "standby" plus one-half (i) 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 sub-
poena and 1700, plus thirty (30) minutes travel time. In the event the
employee is required to pay parking fees, the employee will be reim-
bursed. 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 regular straight rate.
~ 11-
ARTICLE 31
Physical 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. .
A committee consisting of one member each from Fire Administration,
Union and Risk Management will meet to draw up a mutually agreeable
Physical Fitness Program, the first draft of which will be ready by
January 1,1985.
ARTI CLE 32
Replacing/Repairing Personal Property
The City shall continue to provide for the cost of replacing or re-
pairing personal property, of an employee, which is lost or damaged
in the performance of duty, as provided in Administrative Directives.
ARTICLE 33
Safety 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 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 shall be noted on the document, and signed or ini-
tialed by such member.
A member shall have thirty (30) 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 ad-
verse comment.
-12-
ARTICLE 35
Political Activity
Except as otherwise provided by law, or whenever on duty or in uni-
fOl1nl, no member shall be prohibited from engaging, or be coerced or
required to engage, in political activity.
ARTICLE 36
,
Investigation Rights
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 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,
demotion, suspension, reduction in salary, written reprimand; or trans-
fer for purposes of punishment.
(a) The interrogation shall be conducted at a reasonable
hour, preferably at a time when the member is on
duty, or during the normal waking hours for the mem-
ber. If such interrogation does occur during off-
duty time of the member being interrogated, the mem-
ber 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 interro-
gation, the interrogating official, and all other
persons to be present during the interrogation.
All questions directed to the member under inter-
rogation shall be asked by and through no more
. than two interrogators at one time.
(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 reason-
able 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.
-13-
.
AR1ICLE 36
Investigation Rights (Con't)
(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 an-
swering any question. The employer shall not
cause the member under interrogation to be sub-
jected to visits by the press or news media
without his express consent nor shall his home
address or photograph be given to the press or
news media without his express consent.
(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 con-
templated or prior to any further interrogation
at a subsequent time. The member shall be en-
titled 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 en-
tered in the member's personnel file. The mem-
ber 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 immedi-
ately 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 puni-
tive 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.
I
t
i
This Article shall not apply to any interro-
gation of a member in the normal course of
duty, counseling, instruction, or informal
verbal admonishment by, or other routine or
-14-
ARl'I CLE 36
Investigation Rights (Con't)
unplanned contact with, a supervisor or any other
member, nor shall this section apply to an inves-
tigation 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 admin-
istrative grievance procedure.
Nothing in this Article shall preclude a head of
any agency from ordering a member to cooperate
with other agencies involved in criminal inves-
tigations'. If a member fails to comply with
such an order, the agency may officially charge
him with insubordination.
(b) No punitive action, nor denial of promotion on
grounds other than merit, shall be undertaken
by any public agency without providing the mem-
ber with an opportunity for administrative appeal.
ARTICLE 37
Financial Disclosure
No member shall be required or requested for purposes of job assign-
ment or other personnel action to disclose any item of his property,
income, assets, source of income, debts, or personal or domestic ex-
penditures (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 desirability of assigning
the member to a specialized unit in which there is a strongpossibil-
ity that bribes or other 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 presence, or with
his/her consent, or unless a valid search warrant has been obtained
-15-
ARTICLE .38
Locker Search (Con't)
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 City Resources
The Union may be granted permission to use Department facilities for
the purpose of meeting with employees to conduct its internal affairs
provided space for such meetings can be made available without inter-
fering with City needs. Permission 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 cur-
rently available. Only areas designated by the 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
reoorts of committees or the Board of Directors.
E. MOU, pay scales, job announcements, promotion
lists, etc.
F. Such other items as may be approved by the De-
partment 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 repre-
sentative of the Union and should have the prior written approval of
the Chief or his authorized representative.
ARTICLE 40
Employee Representatives
When requested by a member of the unit, a job representative may in-
vestigate any alleged grievance in the Department, and assist in its
presentation. The representatives shall be allowed reasonable time
therefore, during working hours without loss of time or pay, upon
notification and approval of their immediate supervisor with the con-
currence of the appropriate Division or Fire Chief. The privilege
of a Job Representative to leave their work during work hours without
I
-16-
ARlICLE ,40
Employee Representatives (Con't)
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 Rep-
resentatives 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 Rep-
resentative. Anyone not on the list will not be recognized. A ratio
of one Job Representative for every sixty (60) permanent employees in
the unit, but not less than four (4) shall be recognized by the City.
ARTICLE 41
Grievance Procedure
PURPOSE: The City of San Bernardino and the Union realize the impor-
tance of a viable Grievance Procedure to aid in the resolution of
disputes among employees, supervisors, and management. It is recog-
nized that, to maintain high employee morale and harmonious relations,
an orderly method of processing 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 re-
garding employee complaints. The representatives of employees and
management at all levels will make continuing 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 Memorandum of Understanding. Appeals arising out of
Civil Service examination 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 exclusive for the Union.
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 organization only can represent the em-
ployee. No person hearing a grievance need recognize more than one
(1) representative for any employee at anyone time, unless he/she
-17-
AR.T! CLE. 41
Grievance Procedure (Con't)
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 the MOU.
CONSOLIDATION OF GRIEVANCES: In order to avoid the necessity of proc-
essing 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
state 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
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 em-
ployees' grievance. An attempt to settle a grievance in the informal
structure at the employee-supervisor level is required. The grievance
must be submitted to the Informal Step within ten (10) working days
after the employee is aware of the conditions precipitating the griev-
ance.
1) Informal: Initially, the grieving employee shall, on a personal
face-to-face basis, discuss his complaint with the immediate su-
pervisor informally. Within five (5) working days, the supervisor
shall give the decision to the employee orally.
2) Formal:
Step 1 - Written Grievance to Supervisor
(A) If a mutually acceptable solution has not been reached
in the informal process, the employee shall submit
their grievance in writing to the immediate supervisor.
This must be accomplished within ten (10) working days
of being informed of the supervisor's informal decis-
ion. Within five (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 per-
sonally, 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
five (5) working days after receipt of the written
procedure.
1
-18-
ARTICLE 41
Grievance Procedure (Con't)
Step 2 - Meet with Division Head
(B) If the grievance has not been satisfactorily resolved
at this level, it may be appealed within five (5)
working days to the Division Head who may follow the
steps outlined in Step 1 above. In any event, the
Division's Head shall give a written decision to the
employee within five (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 (5) working days to the Fire
Chief.
Step 3 - Meet with Fire Chief
(C) If the grievance has not been satisfactorily resolved
at this level, it may be appealed within five (5)
working days to the Chief who may follow the steps
outlined in Step 2 above. In any event, the Chief
shall give a written decision to the employee within
five (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 (5)
working days to the Personnel Director.
Step 4 - Review by the Personnel Director
(D) Within five (5) working days after receiving the
appeal, the Personnel Director shall review the
matter and give a decision. If the grievance has
not been satisfactorily resolved by the Personnel
Director, appeal may be made within five (5)
working days to the next step.
Step 5 - Final Step
(E) a. If the grievance has not been satisfactorily
resolved, the employee may appeal to the City Ad-
ministrator. Such appeal must be made within
five (5) working days, in writing, accompanied by
the report of the Personnel Director.
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
thirty (30) calendar days. The grievant and the
Department will be notified of the date, time and
place of the hearing.
-19-
ARTICLE 41
Grievance Procedure (Con't)
c. Pre-hearing conferences will be held as neces-
sary. 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
seven (7) working days after the close"of the hear-
ing. 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 until the final res-
olution of the grievance.
ARTICLE 42
Polygrarh Examination
No member shall be compelled to submit to a polygraph examination
against his will. No disciplinary action or other" recrimination shall
be taken against a member refusing to submit to a polygraph examina-
tion, 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 hearing, trial or proceeding, judicial or administrative,
to the effect that the member refused to take a polygraph examination.
ARTICLE 43
Labor-Management Committee
The Fire Fighters Union will designate four (4) representatives who
will meet with representatives of the Fire Depijrtment 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 sched-
uled matters. Normally such meetings shall be during regular working
hours.
ARTICLE 44
Waiver Clause
The City of San Bernardino and the Fire Safety Employees Union each
agree that there is no obligation to meet and confer with respect to
any subject specifically referred to in this memorandum of understand-
ing. If any administrative changes are undertaken affecting wages,
-20-
AR~ICLE.44
Waiver Clause (Con't)
hours and working conditions of the fire safety employees which are
contrary to the contents of this agreement it is understood that this
waiver will not be effective as to such changes. This waiver shall
be in full force and effect for the life of this memorandum of under-
standing unless the parties mutually agree otherwise.
Differences have heretofore existed between the parties as to their
respective rights and obligations in matters relating to wages, hours,
working conditions, and terms and conditions of employment, and all
such matters are hereby settled, and the parties have come to a mutual
understanding and agreement on all such matters. Except for the rights
and obligations created by this agreement, each party hereby acknowl-
edges full satisfaction of, and releases and discharges the other
fully and completely from all demands, contracts, claims, rights,
duties, obligations and liabilities it has asserted or could have as-
serted against the other, its past and present members, officers, em-
ployees, principals or agents, and agrees not to institute or prose-
cute any proceeding of any nature against the other for any cause
existing as of the date of this memorandum. This provision shall be
as complete defense in any action contrary to this agreement.
This provision does not waive any salary to which unit members would
be entitled under Section 186 of the City Charter as it is now or may
hereafter be interpreted. The parties intend that the fire safety
employees receive all salary mandated for safety personnel by the City
Charter in addition to any fringe benefits which are set forth in this
applicable Memorandum of Understanding. This provision specifically
exempts fire safety employees from receiving retroactive benefits as
a result of a court decision in a litigation now pending between the
City and Police Association.
I
1
ARTICLE 45
Severability
If any provision of this Memorandum of Understanding is held by the
proper legislative or judicial authority to be unlawful, unenforceable,
unconstitutional, or not in accordance with applicable statues or not
applicable to Charter Cities, all other provisions of the Memorandum
of Understanding shall remain in full force and effect for the dura-
tion of this Memorandum of Understanding. If there is any conflict
between the provisions of this Memorandum of Understanding and the
provisions of federal, state or local government regulations, the
provisions of the federal, state or local government regulations shall
be controlling. Upon the issuance of a decision declaring any Article,
section or portion of this Memorandum 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.
1
-21-
.
ARTICLE 46
Notice of Intent to Reopen
The parties agree that, if either party desires to propose changes in
the terms or conditions of this MOU for the period following expira-
tion of this MOU, the City and Union will strive to meet sixty (60)
days prior to the expiration of the MOU 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 47
Contract Printing
The Union and the City will split the costs of printing this MOU
provided it is printed by the City.
ARTICLE 48
Prevailing Benefits
All benefits, privileges, and working conditions authorized for the
members at the present time, which are not included in this Memorandum
of Understanding, shall remain in full force during the term of this
Memorandum of Understanding unless changed by mutual consent.
i
-22-
INDEX
TITLE ARTICLE PAGE
Agency Personnel Rules 2 1
Books and Tuition Allowance 25 10
Contract Printing 47 22
Court Fines 29 11
Deferred Compensation 13 5
Educational/longevity Pay 28 11
Employee Representatives 40 16
Employee Rights 5 2
Financial Disclosure 37 15
Grievance Procedure 41 17
Health Related Insurance 16 6
Holidays 9 4
Investigation Rights 36 13
Labor Management Committee 43 20
Leave Provisions (Sick. Leave 15 6
see Page 5)
Locker Search 38 15
Management Rights 4 1
Notice of Intent to Reopen 46 22
Nondiscrimination 3 1
On Call, Call-back, Standby 30 11
Overtime 8 4
Paramedic Pay 19 8
Payroll Deduction 18 7
Personnel Files 34 12
Physical Fitness 31 12
Political Activity 35 13
Polygraph Examination 42 20
Prevailing Benefits 48 22
Probationary Period 21 8
Re-employment 20 8
Recognition 1 1
Related Work Standards 24 10
Replacing/Repairing Personal 32 12
Property
Retirement Plan 14 6
Safety Committee 26 10
Safety Equipment 33 12
Sen i or ity 23 9
Severabil ity 45 21
Sick Leave Accrual/Usage 11 5
Sick Leave Payoff 27 10
Trading Time 17 7
Tuition Allowance (see "Books" ) 25 10
Use of City Resources 39 16
.
INDEX
TITLE ARTICLE PAGE
Vacation 10 5
Wages 6 .3
Waiver Clause 44 20
Work Uni forms 22 8
Work Week 7 4
Workers Compensation Injury 12 5
.
All the terms and conditions set forth in the Memorandum of
Understanding are hereby acknow edged and agreed to by each
party upon this ~~A day of , 1984, subject to
confirmation by e Mayor and C n Council of the City of
San Bernardino.
CITY
By:
Representative
APPROVED:
ATTEST:
~~&J'~
" C1ty Cler
';JOe 72/#
Executive Secretary, Local 891
~~~~Q.QtTI
pres1dent, 'ocal 891 ~