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HomeMy WebLinkAbout1984-283 o. . 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 " ." ~ I RESOLUTI ON NO. 84-283 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE FIRE MANAGEMENT EMPLOYEES, COMMENCING AUGUST 6, 1984, AND TERMINATING AUGUST 31,1987 2 3 WHEREAS, the City's negotiators have met and conferred with therepre- sentatives of the Fire Management Employees, in accordance with the provisions of the Meyers-Milias-Brown Act of the State of California and 4 5 6 WHEREAS, the City's representatives and the Union representatives have reached a Memorandum of Understanding for the period commencing on the sixth day of August, 1984, and terminating the last day of August, 1987, and WHEREAS, said Memorandum of Understanding has been reduced to writing and a copy thereof is attached hereto, marked Exhibit "A" and'incorporated 7 8 9 herein by reference as though fully set forth at length, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Memorandum of Understanding between the City of San Bernardino and the Fire Management Employees, dated August 6, 1984, for the Bargaining Unit of Fire Management Employees for the period commencing on the sixth day of August, 1984, and ending the last day of August, 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 Mayor and Common Council of the City of San Bernardino at a reqular meeting thereof, held on the 6th day of following vote, to wit: August , 1984, by the . ,- . , 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 . AYES: Council Members Castaneda. Reillv, Hernanrl..z. NAYS: ABSENT: Marks, Quiel, Frazier. strickler None None ~~~ .T , ty "erk August The foregoing resolution is hereby approved this ?6i day of i i Ii I I I I II i' Approved as to form: H !!~~~ " " I; c i ~ Ii (lty Attorn ;1 i I I i II I , i i i . 1984. ..... Memorandum of Understanding Fire Mana!eM8ntEmployees TABLE OF CONTENTS 1 PREAMBLE AND TERM OF MEMORANDUM OF UNDERSTANDING 11 DEFINITION OF TERMS 1I1 ARTICLES ARTICLE TITLE PAGE 1 Agency Personnel Rules 1 2 Recognition 1 3 Non-Discrimination 1 4 Management Rights 1 5 Employee Ri ghts 2 6 Wages 3 7 Overtime 3 8 Health Related Insurance 3 9 Physical Examinations 4 10 Workers Compensation 5 11 Deferred Compensation 5 12 Retirement Plan 5 13 Standard Work Day 5 14 Payment for Unused Sick Leave 5 15 Leave Provisions 6 16 Payroll Deductions 6 17 Assignment to Higher Position 6 18 Seniority 7 19 Shift Schedules/Exchange 7 20 Employee-Employer Relations Committee 7 21 Per sonne 1 Ffl es 8 22 Replacing/Repairing Personal Property 8 23 Use of City Resources 8 24 Employee Representatives 9 25 Grievance Procedures 9 26 Contract Printing 12 27 Prevailing Benefits 12 28 Waiver Clause 12 29 Severa bili ty 13 , 30 Intent to Reopen 13 IV SIGNATURE PAGE V INDEX MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION REPRESENTING THE CITY OF SAN BERNARDINO FIRE MANAGEMENT EMPLOYEES This Memorandum of Understanding constitutes a mutual recommendation be- tween the designated representative of the Mayor and Common Council of ' the C,ityof San Bernardino (hereinafter referred to as the City) and the 'representatives of the San Bernardino Publ ic Employees I Association (here- inafter referred to 'as the Association). representing the sworn fire man- agement officers of the City of San Bernardino. To the extent that implementation of the issues incorporated herein re- quires action by the M~yor and Common Council this Memorandum will serve as a request and recOlllllendation to such bOdy that it be so implemented. And too. it is recommended that the terms and conditions of this memo- randum shall conmence on the sixth day of August. 1984 and continue until the last day of August. 1987. 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 Association '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 continuous and uninterrupted employee services. I ," DEFINITION' OF TERMS Administration Shall include any elected or ,appointed official of the City and any em-. p10yee of the City whose job' classification is a Management or Confiden-, tia1 employee. . Appointing Authority The Fire Chief or'Deputy Chief or Assistant Chief of the San Bernardino Fire Department. Association The San Bernardino, Public Employees' Association (SBPEA). City Shall mean the City of San Bernardino~ Department The San Bernardino Fire Department. Employee The tenn "employee" shall inc1 ude all the Battalion Chiefs within the Fire Department Management bargaining unit. Employee Organization The San Bernardino Public Employees' Association. Employer Shall include the City of San Bernardino, the Fire Department, or any Management or Administrative representative or elected official thereof. Gender The masculine gender also includes the feminine. Mandatory and Permissive "Shall" is mandatory, "May" is permissive. Member "Member" shall mean Battalion Chiefs. Memorandum of Agreement/Memorandum of Understanding/MOU Shall mean the contractual Obligation between the City and the employees of the Unit. Shift One 24-hour working shift shall be the equivalent of two (2) eight (8) hour working days. Singular and Plural The singular also includes the plural. Tense The present tense shall also include the past and future. . . ARTICLE 1 Agency Personnel Rules It is understood and agreed that there exists within the City in written or unwritten fonn, certain personnel rules, policies, practices, and benefits generally contained in the "Civil Service Rules and Regulations for the Classified Service"; Resolution No. 10584, Establishing Unifonn and Orderly Methods of Communications between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended; and Resolution No. 10585, Adopting Rules and Regulations Relating to Employer-Employee Relations,as amended, which doclDllents will continue in effect, except for provisions modified by the City Council in accordance with State Laws, orders, regulations, official instructions or policies. In the case of proposed changes to the Resolutions, other than by agreement, the Union shall be consulted with prior to the consideration of these changes by the Mayor and Common Council, except in cases of emergency, in which cases the Union will be consulted with as soon as possible after the changes. ARTICLE 2 Recognition Fonnal recognition of the Association is acknowledged for purposes of meet- ing and conferring on hours, working conditions, and other tenns and con- ditions of employment and of general representation of its members. The Association has been recognized fonnally as the exclusive representative of the Battalion Chiefs of the San Bernardino Fire Department. ARTICLE 3 Nondiscrimination The provisions of this agreement shall be applied equally by the City and the Association to all employees covered hereby without favor or discrim- ination because of race, sex, age, national origin, political or religious opinions or affiliation. ARTICLE 4 Management Rights 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 this r~orandum of Understanding spec- ifically curtails or limits such rights, powers, and authority. Further- more the City retains all its exclusive rights and authority under City Charter, Ordinance, Resolution, State and Federal Law, and expressly and exclusively retains its management rights, which include but are not lim- ited to: The exclusive right to detennine the mission of its constituent -1- ARTICLE 4 Management Rights (Con't) departments, commissions, and boards; set standards of selection for em- ployment and promotions; direct its employees; establish and enforce dress and grooming standards; determine the methods and means to relieve its em- ployees from duty because of lack of work or other lawful reasons; .maintain the effi ci ency of governmental opl!rati ons; determi ne 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; de- termine 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; determine. the change and the number. of work locations; relocation, and types of operations; proc- esses and materials to be used in carrying out all City functions includ- ing, but not limited to, the right to contract for or subcontract any work or operations of the City; to assign work to and schedule employees in ac- cordancewith requirements as determined by the City and to establish and change work schedules and ass.ignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend,demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees in accordance with the applicable law; es-. tablish 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 organization and the technology.of performing its work. ARTICLE 5 Employee 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 of 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 Wages During the term of this Memorandum of Understanding, the monthly salaries of local Safety members of the San Bernardino Fire Department included in the classification of Battalion Chief shall be fixed annually on August 1 of each year in accordance with the City Charter, Article X, Section 186, Salaries. New employees shall be ,hired within the established base salafy/range. A fire management unit member who has terminated City employment and who is subsequently rehired into a regular fire management positiQn within a gO day period may receive restoration of salary level and appropriate benefits. ARTICLE 7 Overtime It is the policy of the City to discourage overtime except when necessi- tated 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 will make every effort to Jssign overtime evenly among the employees with similar skills or assignments. ' ARTICLE 8 Health Related Insurance A. The City shall pay a monthly contribution, not to exceed the premium cost of the Blue Cross rate for the employee alone ($57.24) and for the employee and one eligible dependent ($120.75) for group health insurance plan selected by the employee from one of the City's sponsored health plans' until the "80/135" Cafeteria plan is implemented (via 1984 open enrollment and effective approximately January, 1985). B. On or about January 1, 1985, and in conjunction with open enrollment for health plans, the City will convert to a Cafeteria plan for health related benefits. Fire Manage- ment members with no dependents will have $80 per month to utilize. Fire Management members with one or more depend- ents will have $135 per month to utilize. (The purchase of one-dependent health, dental or vision insurance is required for an employee with dependent(s) to avail themselves bf the $135 amount). C. These amounts may be "spent" cafeteria style on one of the City's health plans, dental plan or vision plan or add;- tional life insurance plan, as made available through the -3- ARTICLE 8 Health Related Insurance (Con't) 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 Bloe Cross Health Plan rate for a single enrollee increase by 15% or more after the 1984 open enroll- ment period. the City's cafeteria contribution will increase 10%. The 10% cafeteria inc~ease 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%. D. The City will work towards securing a Long Term Disability Plan and an Accidental Death and Dismemberment Plan. Same to be added to the Cafeteria plan via the 1984 open enrollment process. E. The City will continue life coverage of $10.000 at no cost to the employee. F. Members of the bargaining unit who retire will be allowed continued participation in the City's basic medical plan (Blue Cross) and life insurance program (Standard) provided they bear complete payment of the required premiums upon leaving the City service. G. An employee within the bargaining unf't may not add another City employee as a dependent. or be added as a dependent to another emp10yee(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 insur- ance plans may not utilize these funds for any other purpose. H. The City shall consult with the Association in the selection of all Health Plans. I. The SBPEA shall receive a copy of the'availab1e health~life insurance claims experience. upon its request. provided that privacy of information is not violated. ARTICLE 9 Physical Examinations The City encourages and will pay a portion of the cost of annual physical examination. Upon presentation of the bill. the City shall pay an amount not exceeding the fee charged by the City's contracting physician ($175.00) for an annual physical examination by a physician of the employee's choice. The City shall pay medical fees for the phySical examination of any fire officer when such examination is required and directed by the City. -4-- ARTICLE 10 Workers Compensation Employees will have a choice of Doctor and Hospital on work-related injury in accordance with existing State Labor Code. ARTiCLE 11 Deferred Compensation The City shall continue to sponsor a Deferred Compensation Pl~nwhich will be available to. employees on a voluntary basis. ARTICLE 12 ARTICLE 13 Standard Work Day The standard work day represents the tour of duty for which an employee is regularly scheduled for work during a twenty-four (24) hour period com- mencing from the start of the employee's assigned shift. ARTICLE 14 Payment for Unused Sick Leave The City shall continue its present policy of making payment to. employees within the unit for a portion of unused sick leave upon death or retirement or to the estate of any such employee who dies during employment. The. amount of such payment shall be equal to fifty percent (50%) of accumu- lated, unused sick leave, provided that in no event shall such payment ex- . ceed ninety (gO) working days or 720 hours of such leave. -5- ARTICLE 15 Leave Provisions The provisions of City Resolution No. 6433, as amended, concerning sick leave, injury leave; vacations, holiday leave, leave of absence without pay and other leave, as they apply to fire management employees, shall re- main in effect including five days or 2l shifts of annual administrative leave. ARTICLE 16 Payroll Deductions It is agreed that SBPEA membership dues, insurance, and premiums for plans sponsored by SBPEA shall be deducted by the city from the pay warrant of . each employee covered hereby who files with ~he City a written authoriza- tion requesting that such deduction be made., Remittance of the .aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to SBPEA 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 Association, 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 mad~ from em- ployee wages earned. The SBPEA shall hold the City harmless for any and all claims, demands, 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 17 Assignment to Higher Position Any employee temporarily acting in a position ina higher rank during pe~ riod of absence of the incumbent or during 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 en- titled, were he promoted to that rank during the periOd in which the em- ployee is acting in the higher rank. The Chief shall certify in each pay period as to the assignment and the period of time worked in the higher rank to validate entitlement to the higher salary. This article does not apply to a situation in which there is no vacant higher level position for which funds have been appropriated. Substantive addition of duties ofa higher level classification to an employee's budgeted position should be considered for a classification study. -6- ARTICLE 18 Seniority Seniority is herein defined to be an employee's length of service with the Fire Department. The Department may consider seniority in vacation scheduling, shift assignments and transfers within classification. - ARTI CLE 19 Shift SChedules/Exchange It is recognized that during the term of this agreement it may be necessary for Management to make changes in the number of hours. in a standard day or tour of duty. Except for emergencies or in case of special needs, where Management finds it necessary to make such changes, it shall notify SBPEA indicating the proposed change prior to its implementation. Where such change would significantly affect the working conditions of more than half of the employees in the Unit and where SBPEA requests to meet with the employer, the parties shall expeditiously undertake to consult as provided by section 3500 et. seq. of the California Government Code regarding the impact the change would have on the employees in the unit. Subject to authorization of the Fire Chief, or Deputy Chief or Assistant, Battalion Chiefs in the Unit should be allowed to exchange time with other Battalion Chiefs of equal abilities on the following basis: 1. Time exchanged shall be agreeable with both parties and shall be requested in a memo-signed by both Battalion Chiefs. 2. The time exchange requested shall be initiated with the immediate supervisor of the employee requesting the exchange. 3. Time exchanged may be on an hour for hour basis. 4. Since this is done- for the convenience of the employee. in no case shall a shift exchange or repayment of a shift exchange be con- sidered in computation of overtime. 5. The shift repayment shall be the responsibility of the employee in- itiating the trade. 6. Trading shall have no effect upon the certification to a higher rank. ART! CLE 20 Employee-Employer Relations Committee The Association will designate two (2) representatives who will meet with the Personnel Director and representatives of Fire Management on a mutually agree- able basis to discuss matters pertinent to the welfare of the City and the employees. The Association or the City may have additional representatives present when appropriate for the discussion of scheduled matters. Normally such meetings shall be during working hours. -7- ART! CLE 21 Personnel Files No employee shall have any comment adverse to his interest entered in his/her personnel files, or any other file used for any personnel purposes by his/her employer, without the employee having first read and signed the instrument containing the adverse comment, indicating he/she is aware of such comment, ex- cept that such entry may be made if after reading such instrument the em- ployee refuses to sign it. Should an employee refuse to sign, that fact shall be noted on the document, and signed or initialed by such employee. An employee shall have 30 days within which to file a written response to any adverse comment entered in their personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. ART! CLE 22 Replacing/Repairing Personal Property The City shall continue to provide for the cost of replacing or repairing personal property, of an employee, which is lost or damaged in the perfor- mance of duty, as provided in Administrative Directives. ART! CLE 23 Use of City Resources SBPEA 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 interferring with City needs. Permission to use facilities must be obtained by SBPEA from the Chief or designated representative. SBPEA shall be held fully responsible for any damages to and the security of any facility that is used by SBPEA. The Department will furnish adequate bulletin board space where currently available. Only areas designated by the appointing authority may be used for posting of notices. Bulletin boards may be used for the following noti ces : A. Scheduled SBPEA meetings, agenda and minutes. B. Information on SBPEA elections and the results. C. Information regarding SBPEA special, recreational and re1a.ted bulle- tins. D. Reports of official business of SBPEA including reports of committees or the Board of Directors. E. M.O.U., pay scales, job announcements, promotion lists, etc. F. Such other items as may be approved by the Department management upon request of the Association. -8- ARTICLE 23 - Use of City Resources (Con't) 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 SBPEA and should have the prior written approval of the Chief of his authorized representative. ARTICLE 24 Employee Representatives When requested by a member of the unit, a job representative may investigate any alleged grievance in the City and assist in its presentation. The re- presentative shall be allowed reasonable time therefore, during working hours without .loss of time or pay, upon notification and approval of the immediate supervisor with the concurrence of the department head. The privilege of Job Reps to leave their work during working hours without loss of time or pay is subject to the understanding that the time will be devote~ to the proper hand- ling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Rep will not be granted time-off, or compensation, for the purpose of handling grievances outside this unit. The SBPEA shall notify the City of the names of each Job Rep. ARTICLE 25 Grievance Procedure PURPOSE: The Ci ty of San Bernardi no and the SBPEA real i ze the importance of a viable Grievance Procedure to aid in the resolution of disputes among em- ployees, supervisors, and management. It is recognized that, to.maintain high employee morale and harmonious relations, an orderly method of process- ing 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 em- ployee 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 the employee's standing with his/her supervisor (s) or his/her loyalty as a City employee, nor be a reflection on the employee's supervisor or the department involved unless itis determined that such de- partment or supervisor has grossly abused management discretion or the em- ployee 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 examinations shall be submitted directly to the Civil Service Board. Alle- gations of discrimination shall be submitted to the Affirmative Action Officer. -g- '\" ) ARTICLE 25 - Grievance Procedure (Con't) REPRESENTATION: The aggrieved employee shall have the right to be represented by anyone of their OWn choice. This repi'es~ntation may conrnence at any step in the.Grievance Procedure. An employee may counsel with the employee or- ganization or anyone of his/her choice to determine their rights.. Legal Coun- sel and/or official representatives of the recognized employee organization only can assist or represent the employee. No person hearing a grievance need recognize more than one (1) representative for any employee at anyone time, unless they so desire. If the employees' Legal Counsel is not from the exclusive recognized employee organization, a representative of that exclusive recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of the M.O.U. 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 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 sub- mits 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 1 imi ts specified. A formal grievance may be entertained in or advanced to any step if the par- ties 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 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 con- ditions precipitating the grievance. 1. Informal. Initially, the grieving employee shall, on a personal face-to-face basis, discuss his complaint with his Deputy Chief. Within five (5) working days the Deputy Chief shall give his decision to the employee orally. . (The remainder of this page was left blank intentionallY.) -10- ARTICLE 25 - Grievance Procedure (Con't) 2. Fonna1. . Written G.rievance to Supervisor. If a mutually acceptable solution has not been reached in .the infonna1 process, the employee shall submit his grievance in writin9 to the DePuty. Chief. This must be accomplished within ten (10) working days of being infonned of the Deputy Chief's infonna1 decision. Within five (5) working days of receiving the written no- tification of the employee's grievance, the Deputy Chief may meet with the employee and thoroughly discuss the grievance. The emploYee may appear personally, and may.be represented by a representative of their choice. In any event, the Deputy . shall give a written decision to the employee within five (5) working days after receipt of the written. grievance. Step.2: Meet with Department Head: If the grievance has not been satisfactorily resolved at this level, it may be appealed . wi thin five (5) working days to the' Fi re Chief who may follow the steps outlined in Step labove. In any event the Fire Chief shall give a written decision to the employee with- in 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. (A) Step 1 : (6) (C) Step 3: Review by the Personnel Director. Within five (5) working days after receiving the,df:!cision, the Personnel' Director shall review the matter and give a decision. If the griev- ance has not been satisfactorily resolved by the Director, appeal may be made within five (5) working days to the next step. ' , (D) Step 4: Final Step. (a) If the grievance has not been satisfactorily resolved, . the employee may appeal to the final step before the' City Administrator. Such appeal must be made .within five (5) working days, in writing. (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. (c) Pre-hearing conferences will be held as necessary. Names of 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 working days after the close of the hearing; (7) -11- ARTICLE 25 - Grievance Procedure (Con't) The City Administrator's decision is final and binding on all parties. (e) All grievances shall be treated as confidential and no pUblicity will be given until the final resolution of the grievance. ARTICLE 26 Contract Printing The Union and the City agree to split the cost of printing the Memorandum of Understanding. ARTICLE 27 Prevailing Benefits All benefits, privileges and working conditions authorized for the employees at the present time, which are not included in this agreement, shall remain in full force during the term of this agreement unless changed by mutual consent. ARTI CLE 28 Waiver Clause The City of San Bernardino and the Fire Management Employees Association agree that there is no obligation to meet and confer with respect to any subject specifically referred to in this memorandum of understanding. If any admin- istrative changes are undertaken affecting wages, hours and working conditions of the fire management employees which are contrary to the contents of this agreement it is understood that this waiver will no.t be effective as to such changes. This waiver shall be in full force and effect for the Ufe of this memorandum of understanding unless the parties mutually agree otherwise. Differences have heretofore existed between the parties as to their. res- pective 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 agree- ment on all such matters. Except for the rights and obligations created by this agreement, each party hereby acknowledges full satisfaction of, and re- leases and discharges the other fully and completely from all demands, con~ tracts, claims, rights, duties, obligations and liabilities it has asserted or could have asserted against the other, its past and present members, of- ficers, employees, 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 de- fense 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 here- after be interpreted. . -12- ARTIClr 28 - Waiver Clause (Con't) The parties intended that the fire management 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 specificially exempts fire management employees from re- ceiving retroactive benefits as a result of a court decision in a liti- . gation now pending between the City and Police Association. ARTICLE 29 Severability If any provision of this Memorandum of Understanding is held by the proper legislative or judicial authority to .be unlawful, unenforceable, uncon- stitutional ,or not in accordance with applicable statues or not applicable to Charter Cities, all other provision of the Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. If there is any conflict between the provisions of this Memorandum of Understanding and the provisions of federal, state and lOcal government regulations, the provisions of the federal, state or local gov- ernment regula ti ons shall be contro 11 i ng. Upon the issuance of a deci s i on declaring any Article, sectior) or portion of this Memorandum to be linlawful, unenforceable, unconstitutional or not applicable to Cha~ter Cities, the parties agree to meet and confer immediately concerning only those. Articles, sections or portions. ARTI ClE 30 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 expiration of this MOU, the City and the Association will strive to meet sixty (60) days prior to the ex- piration of the MOU to 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 .sub- mitted by either party. . -13- - All the terms and conditions set forth in the Memorandum of Unde~nding are hereby acknowledged and agreed to by each party upon this ~~ day of ~~~, 1984, subject to confirmation by the Mayor an ommon Cou~City of San Bernardino , FIRE MANAGEMENT ASSOCIATION By: CY~c7f3JU~~ a~,/~ APPROVED : ATTEST: ~~~~ ,., C1 ty C er ~,",~,,"_..-.,.,..;... ~ ... "II ;'...~,,~ . ",. ;, ~.' .\:!i~~~'-L t.:',~1 ,,' ." , : :- -,~,:..~ ~\ '. "". ;:~ \t~"ll?~ j -j " ;, ;! -" I L;~\-f}' ' I",,; """ INDEX TITLE Agency Personnel Rules Assignment to Higher Position Contract Printing Deferred Compensation Employee Representatives Employee Rights Employee-Employer Relations Committee Grievance ProcedUres Health Related Insurance Leave Provisions Management Rights Non-Discrimination Payment for Unused Sick Leave Payroll Deductions Personnel Fil es Physical Examinations Prevailing Benefits Recognition Replacing/Repairing Personal Property Retirement Plan Seniority Severabil ity Shift Schedules/Exchange Standard Work Day Use of City Resources Wages Waiver Clause Workers Compensation . V ARTICLE 1 17 26 11 24 5 20 25 8 15 4 3 14 16 21 9 27 2 22 12 18 29 19 13 23 6 28 10 PAGE 1 6 12 5 9 2 7 9 3 6 1 1 5 6 8 4 12 1 8 5 7 13 7 5 8 3 12 5