HomeMy WebLinkAbout1983-387
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RESOLUTION NO. :83--387
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND
THE FIRE FIGHTERS UNION, LOCAL 891 (FIRE SAFETY EMPLOYEES),
COMMENCING OCTOBER I, 1983, AND TERMINATING JUNE 3D, 1984.
WHEREAS, the City's negotiators have met and conferred with
the representatives of the Fire Fighters Union, Local 891, in
accordance with the provisions of the Meyers-Milias-Brown Act of
the State of California; and
WHEREAS, the City's representatives and the Union
representatives have reached a Memorandum of Understanding for the
period commencing on the first d~y of October, 1983, and
terminating the last day of June, 1984; and
WHEREAS, said Memorandum bf Understanding has been reduced
to writing and a copy thereof is attached hereto, marked Exhibit
"A" and incorporated herein by reference cas 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 Fighters Union, Local 891, dated
NoVelnhe}.:' 21
, 1983, for the Bargaining Unit of
Fire Safety Employees for the period commencing on the first day
of October, 1983, and ending the last day of June, 1984, 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.
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1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
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Bernardino at a
November
meeting thereof, held on
4
the 21st
day of November
, 1983, by the following vote,
5 to wit:
6
AYES:
Council Members
Castaneda, Reillv, ~Iarks.
7
8
9
NAYS:
ABSENT:
10
Ouiel, Frazier, strickler
Counci 1 ~Ierr_ber Hernandez
None
...h/?l///~
/ City Clerk
, 1983.
The foregoing resolution is hereby
of
November
Approved as to form:
day
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Cl.ty torriey
2
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SAN BERNARDINO
AND
THE FIRE FIGHTERS UNION, LOCAL 891
This Memorandum of Understanding on wages, 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 representa-
tives of the Fire Fighters Union, Local 891 (hereinafter known as the
Union), representing the unit of fire fighters of the City of San Bernardino.
The City representative and the Union recommend to the Mayor and the Common
Council that the terms and conditions of this Memorandum shall commence on
the first day of October, 1983, and continue until the last day of June,
1984. 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 negotiations on any of these terms and conditions of this Memorandum of
Understanding are in progress on the last day of June, 1984, the terms and
conditions of the Memorandum of Understanding existing shall remain in ef-
fect until the negotiations are completed.
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INDEX
I ADOPTING RESOLUTION
II PREAMBLE AND TERM OF MEMORANDUM OF UNDERSTANDING
TITLE
ARTICLE
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27
15
30
26
43
5
38
44
29
11
37
46
17
39
4
3
51
28
10
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42
35
31
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45
47
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1
18
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32
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34
7
21
49
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Agency Personnel Rules
Assignment to Higher Position
Books and Tuition Allowance
Court Fines
Deferred Compensation
Dental Plan
Education/Longevity Pay
Employee Representatives
Employees' Rights
Financial Disclosure
Grievance Procedure
Health-Life Insurance
Holidays
Investigation Rights
Labor-Management Committee
Leave Provisions
Locker Search
Management Rights
Nondiscrimination
Notice of Intent to Reopen
On-Call, Call-Back, Standby
Overtime
Pay for Paramedic Assignment
Payment for Unused Sick Leave
Payroll Deduction
Personne 1 Fi 1 es
Physical Fitness
Political Activity
Polygraph Examination
Prevailing Benefits
Probationary Periods
Recognition
Re-employment
Re 1 ated Work
Replacing/Repairing Personnel Property
Retirement Plan
Safety Committee
Safety Equipment
Salary Rates and Step Advancements
Seniority
Severability
Trading Time
PAGE
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TITLE ARTICLE PAGE
Use of Bulletin Boards 41 13
Use of City Resources 40 13
Vacation 12 4
Wages 6 2
Waiver Clause 48 18
Workmen Compensation Injury 14 5
Work Uniforms 20 6
Work Week 9 9
DEFINITION OF TERMS
Administration:
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.
Appointing
Authority:
Union:
Fire Chief, Deputy Chief or Assistant Chief of
the San Bernardino Fire Department.
San Bernardino and Rialto Fire Fighters Union, Local B91
Shall mean the City of San Bernardino.
City:
Department:
San Bernardino City Fire Department.
Division:
"Division" shall refer to anyone of the major Di-
visions of the Department.
Employee/Public
Safety Officer:
The term "employee" shall include all Safety personnel
within the Fire Department bargaining unit.
Employee
Organization:
San Bernardino and Rialto Fire Fighters Union, Local 891
Employer:
Shall include the City of San Bernardino, the Fire
Department, or any Management or Administrative rep-
resentative or Elected official thereof.
Gender:
The masculine gender also includes the feminine.
Mandatory and
Permissive:
"Shall" is mandatory, "May" is permissive.
Tense:
Shall include Fire Safety Personnel as defined by
Section #20021 of the Government Code in the class-
ification of: Fire Fighter, Fire Inspector, Engineer,
Captain, Assistant Fire Prevention Engineer, and any
additional classification within, as may be established
by the Mayor and Common Council.
The present tense shall also include the past and
future.
Member:
Shift:
Means a twenty-four (24) hour duty for the Fire
Department except for the positions of Fire
Chief, Deputy Chief, or Assistant Chief,
local safety members working in the Fire Prevention
Bureau, and such members 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.
Classifications:
Fire Fighter, Fire Inspector, Engineer, Captain,
Assistant Fire Prevention Engineer. Additional
titles may be established by the Mayor and Common
Council, but titles for local safety members of
the Fire Department shall be placed in the class-
ification having the most nearly equal duties and
responsibilities.
ARTI CLE 1
Recognition
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.
ARTI CLE 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
possible after the change.
ARTICLE 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 affiliations.
ARTICLE 4
Management Rights
There are no provisions in the Memorandum of Understanding that shall be
deemed to limit or curtail the City in any way in the exercise of the
rights, powers, and authority which the City has prior to entering into this
understanding unless and only to the extent that the provisions of this Mem-
orandum of Understanding specifically curtails or limits such rights, powers
and authority.
ARTICLE 5
Employees' Rights
Employees shall have all the rights which may be exercised in accordance
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ARTICLE 5
Employees' Rights (Con't)
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 them-
selves 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.
ARTICLE 6
Wages
A. During the term of this Memorandum of Understanding, the
monthly salaries of Local Safety members of the San Bernardino
Fire Department included 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
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 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 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 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 em-
ployee organization have alternately struck the names of cities
from the list one at a time until the names of ten cities re-
main. 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
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ARTICLE 6
Wages (Con't)
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 arith-
metic average of the starting salaries of the comparable posi-
tions 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 City Fire
Department to advance from the starting steps to the maximum
pay steps in approximately equal salary advances.
ARTICLE 7
Salary Rates and Step Advancements
New employees shall be hired at the "A" step of the established base salary
range except as otherwise provided in this agreement.
ARTICLE 8
Assignment to Higher Position
Any Local Safety member of the Fire Department temporarily acting in a posi-
tion in a higher rank during periods 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 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 9
Work Week
The average work week for OIshi ft" personnel shall be 56 hours.
ARTICLE 10
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.
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ARTICLE 10
Overtime (Con't)
A. Policy: It is the policy of the City to discourage overtime
except when necessitated by abnormal or unanticipated work-
load situations. The City has the right to require overtime
to be worked as necessary. Consistent with this policy the
Chief Engineer, Assistant Chief Engineer and Battalion Chiefs,
will make every effort to assign overtime evenly among the em-
ployees 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 (15) minutes and is nonaccu-
mu1ative and nonpayab1e when incurred in units of less than fif-
teen (15) minutes.
Holiday leave, sick leave, vacation leave and court time shall
be as time worked for purposes of computing overtime compensation.
C. 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 late date, in which case overtime will be paid on the next
regular payday after such computation can be made.
ARTICLE 11
Holidays
All members within the bargaining unit shall be entitled to eleven (11) hol-
idays per year or five and one-half (5 1/2) shifts per year.
ARTICLE 12
Vacation
All members within the bargaining unit shall be entitled to annual paid vaca-
tion as follows:
Completed Years of
Continuous Service
Days/Shifts of Paid
Vacation
Rate of Accrual
Per Month
1
10
20
10 days or 5 shifts
15 days or 7 1/2 shifts
20 days or 10 shifts
0.833 working days
1.25 working days
1.667 working days
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.
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ARTI CLE 13
Sick Leave
All members will be authorized to use earned sick leave after six (6) months
of continuous employment with the City. Sick leave will 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.
ARTICLE 14
Workmen Compensation Injury
Members will have a choice of Doctor and Hospital on work related injury,
in accordance with existing State Labor Code.
ARTI CLE 15
Deferred Compensation
The City shall continue to sponsor a Deferred Compensation Plan which shall
be available to employees on a voluntary basis.
ARTICLE 16
Retirement Plan
The City shall continue to participate in an employees retirement plan for
Public Safety Officers, by contract with the California Public Employees Re-
tirement System, under the current 2% at age 50 formula.
ARTICLE 17
Leave Provisions
The provisions of City Resolution No. 6433, as amended, as of April 6, 1978,
concerning sick leave, injury leave, vacations, holiday leave, leave of ab-
sence without pay and other leave, as they apply to Fire Safety personnel,
shall remain in effect. Resolution No. 6433 is attached to this Memorandum
of Understanding for reference.
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.
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ARTICLE 18
Re-employment
A member who has terminated City employment, and who is subsequently rehired
in the same classification in a regular position within 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 accrue as of the
date of rehire.
ARTICLE 19
Probationary Periods
The probationary period for positions in this unit shall be twelve (12)
months from the date of hire.
ARTICLE 20
Work Uni forms
Upon approval of this Memorandum, the City will furnish, and replace as
needed, four (4) work shirts and three (3) pairs of work trousers to each
member.
ARTICLE 21
Seniority
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 consider seniority
in vacation scheduling, shift assignments and transfers within classification.
ARTI CLE 22
Related Work
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 description in an effort
to establish reasonable guidelines for employees in that Unit.
ARTICLE 23
800ks and Tuition Allowance
The City will continue, under its formalized procedures, to pay tuition 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
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ARTICLE 23
Books and Tuition Allowance (Con't)
or courses may be authorized, provided such books are tendered to the City
at the time reimbursement for tuition is requested.
ARTICLE 24
Safety Committee
The City Incident Review Board meets at least monthly, to review vehicular
accidents/incident which, after initial assessment by the Risk Management
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 accident/inci-
dent 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.
ARTI CLE 25
Payment of Unused Sick Leave
After the completion of five (5) years of continuous full time employment
with the City, every member shall, upon retirement or death, receive compen-
sation for fifty percent (50%) of accumulated, unused sick leave, not to ex-
ceed 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 contin-
uous full time employment with the City.
ARTICLE 26
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 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 de-
fined by the California State Department of Education Fire Science Curriculum
or other job related courses as defined by the Fire Chief.
ARTICLE 27
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 op-
erate 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.
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ARTI CL E 28
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 fi rst 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-
ca 11" status.
In the event an employee is placed on "standby" for court subpoena, the em-
ployee will receive three (3) hours "standby" pay. If the employee is called
to court and does not go beyond 1200 hours in that day, it will be considered
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 (1/2) 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 (30) minutes travel time. In the event the
employee is required to pay parking fees, the employee will be reimbursed.
If the employee is required to stay through noon recess, he will be paid for
the actual time spent. All "standby", "on-call" and "call-back" pay will be
at the regular straight rate.
ARTICLE 29
Health-Life Insurance
The City agrees to continue to make available "Major Medical Coverage" for
the employees in the bargaining unit but with the following clarification:
The City offers an employee the choice of one of two plans -- Blue Cross or
Kaiser. The City's self-insured Blue Cross Plan is the Basic Plan and the
Kaiser Plan is the Alternate Plan.
A. Basic Plan. The City agrees to pay up to $53.05 towards
monthly premium rate for either the Employee Only or up
to $111.42 for the Employee and One Eligible Dependent,
depending on the individual circumstance.
B. Alternate Plan. The City agrees to pay $53.05 per month
toward Employee Only or $111.42 per month toward Employee and
One Eligible Dependent, depending on the individual circum-
stance.
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.
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ARTICLE 29
Health-Life Insurance (Con't)
In addition to the group health insurance coverage, the City, upon approval
by the Mayor and Common Council, shall provide for each employee within the
bargaining unit, three thousand dollars ($3,000.00) life insurance coverage
at no cost to the employee.
The Insurance Committee, within 90 days of signing of this agreement, will
develop recommendations to the City Administrator for an improved medical
program. Prior to being submitted to the Mayor and Common Council, the meet
and confer process shall prevail.
ARTICLE 30
Dental Plan
The City agrees to continue to contribute three dollars and fifty cents
($3.50) per month toward an Employee Only participation in the City's spon-
sored dental plan.
ARTICLE 31
Physical Fitness
The City shall pay medical fees for the physical examination of any Fire
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 be formed to study and establish an appropriate
physical fitness program for Fire personnel.
ARTI CL E 32
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 perform-
ance of duty, as provided in STP No. 14, dated July 23, 1976.
ARTI CLE 33
Trading Time
Subject to the authorization of the Fire Chief, Assistant Chief,
Battalion Chief, or 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
agreeable with both parties and shall be requested in a memo
signed by both employees.
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ARTICLE 33
Trading Time (Con't)
2. Since this is done for the convenience of the employee, in
no case shall a trade arrangement or repayment of trading
time be considered in computation of overtime or certifica-
tion to a higher rank.
ARTICLE 34
Safety Equipment
All employees who are required by state law to have safety equipment, will
be furnished the required safety equipment.
ARTICLE 35
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 em-
ployer, without the member having first read and signed the instrument con-
taining the adverse comment indicating he is aware of such comment, except
that such entry may be made if after reading such instrument the member re-
fuses to sign it. Should a member refuse to sign, that fact shall be noted
on the document, and signed or initialed 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 adverse comment.
ARTICLE 36
Political Activity
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 en-
gage, in political activity.
ARTICLE 37
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 transfer for purposes of punishment.
-10-
ARTICLE 37
Investigation Rights (Con't)
(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 member. If such interroga-
tion 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 re-
quires 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.
(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 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 subjected to
offensive language or threatened with punitive action, ex-
cept that a member refusing to respond to questions or sub-
mit to interrogations shall be informed that failure to
answer questions directly related to the investigation or
interrogation may result in punitive action. No promise of
reward shall be made as an inducement to answering 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 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 mem-
ber shall have access to the tape if any further proceed-
ings 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
-11-
ARTICLE 37
Investigation Rights (Con't)
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 if a formal written statement of charges,
or whenever an interrogation focuses on matters which are
likely to result in punitive 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 repre-
sentative shall not be a person subject to the same investi-
gation.
This Article shall not apply to any interrogation of a mem-
ber in the normal course of duty, counseling, instruction,
or informal verbal admonishment by, or other routine or un-
planned 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, be-
cause of the lawful exercise of the rights granted under
this Article, or the exercise of any rights under any ex-
isting administrative grievance procedure.
Nothing in this Article shall preclude a head of any agency
from ordering a member to cooperate with other agencies in-
volved in criminal investigations. 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 member with an opportunity for administrative
appeal.
ARTICLE 38
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
-12-
.~ ~>
ARTICLE 38
Financial Disclosure (Con't)
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 of-
ficial 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 strong possibility that bribes or other improper inducements may be offered.
ARTICLE 39
Locker Search
No member shall have his locker, or other space for storage that may be as-
signed to him searched except in his presence, or with his consent, or unless
a valid search warrant has been obtained or where he 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 40
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 interfering with City
needs. Permission to use facilities must be obtained by the Union from the
Chief or designated representative. The Union shall be hold fully responsible
for any damages to and the security of any facility that is used by the Union.
ARTICLE 41
Use of Bulletin Boards
The Department will furnish adequate bulletin board space where currently
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 re-
lated bulletins.
D. Reports of official business of Union including reports 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 Department man-
agement upon request of the Union.
-13-
ARTICLE 41
Use of Bulletin Boards (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 the Union
and should have the prior written approval of the Chief or his authorized
representative.
ARTICLE 42
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
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 43
Employee 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.
He shall be allowed reasonable time therefore, during working hours without
loss of time or pay, upon notification and approval of his immediate super-
visor with the concurrence of his Division or Fire Chief. The privilege
of a Job Rep 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 Reps will perform their regu-
larly 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 Union shall notify the City of the names of each Job Rep. A ratio
of one Job Rep for every sixty (60) permanent employees in the unit, but not
less than four (4) shall be recognized by the City.
-14-
ARTICLE 44
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 em-
ployees, supervisors, and management. It is recognized that, to maintain
high employee morale and harmonious relations, an orderly method of process-
ing 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 em-
ployee complaints. The representatives of employees and management at all
levels will make continuing efforts to secure prompt disposition of griev-
ances. 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 super-
visor 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 or the laws, ordinances or rules. Ap-
peals arising out of Civil Service examination shall be submitted directly
to the Civil Service Board. Allegations of discrimination shall be submit-
ted to the Affirmative Action Officer.
REPRESENTATION: The aggrieved employee shall have the right to be repre-
sented. 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 employee. No person hearing a
grievance need recognize more than one (1) representative for any employee
at anyone time, unless he 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
insurance that the solution reached does not violate the terms of the MOU.
CONSOLIDATION OF GRIEVANCES: In order to avoid the necessity of processing
numerous similar grievances at one time, a single grievance may be filed.
TIME LIMITATIONS: Are established to settle a grievance quickly. Time lim-
its 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
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 employees' grievance.
An attempt to settle a grievance in the informal structure at the employee-
-15-
ARTICLE 44
Grievance Procedure (Con't)
supervisor level is required. The grievance must be submitted to the In-
formal Step within ten (10) working days after the employee is aware of the
conditions precipitating the grievance.
1) Informal: Initially, the grieving employee shall, on a per-
sonal face-to-face basis, discuss his complaint with his
immediate supervisor informally. Within five (5) working
days, the supervisor shall give his 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 his grievance in writing to his
immediate supervisor. This must be accomplished
within ten (10) working days of being informed
of the supervisor's informal decision. Within
five (5) working days of receiving the written
notification of the employee's grievance, the
supervisor may meet with the employee and thor-
oughly discuss the grievance. The employee may
appear personally, and he may be represented
by a representative of his choice. In any
event, the supervisor shall give a written deci-
sion to the employee within five (5) working
days after receipt of the written grievance.
Step 2. Meet with Division Head
(B) If the grievance has not been satisfactorily re-
solved 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 re-
solved at this level, it may be appealed within
five (5) working days to the Department Head.
Step 3. Meet with Department Head
(C) If the grievance has not been satisfactorily re-
solved at this level, it may be appealed within
five (5) working days to the Department Head who
may follow the steps outlined in Step 2 above.
In any event, the Department 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 Director of Labor Relations.
-16-
ARTICLE 44
Grievance Procedure (Con't)
Step 4. Review by the Director of Labor Relations
(D) Within five (5) working days after receiving the
appeal, the Director of Labor Relations shall re-
view the matter and give a decision. If the
grievance has not been satisfactorily resolved by
the 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 Mayor
and City Council. Such appeal must be made within
five (5) working days, in writing, accompanied by
the report of the Director of Labor Relations.
b. The Mayor and City Council 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 neces-
sary. Witnesses or documentary evidence will be
provided by each of the parties prior to the hear-
ing.
d. The decision of the Mayor and City Council
will be in writing and transmitted to the parties
within seven (7) working days after the close of
the hearing. The City Council 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
resolution of the grievance.
ARTICLE 45
Polygraph 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 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 admissable at a subsequent hearing, trial or proceeding, judicial
or administrative, to the effect that the member refused to take a polygraph
examination.
-17-
ARTICLE 46
Labor-Management Committee
The Fire Fighters Union will designate four (4) 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 47
Prevailing Benefits
All benefits, privileges, and working conditions authorized for the members
at the present time, which are not included in this Memorandum of Understand-
ing, shall remain in full force during the term of this Memorandum of Under-
standing unless changed by mutual consent.
ARTICLE 48
Waiver Clause
The City and the Union for the life of this Memorandum of Understanding, each
agrees that the other shall not be obligated to meet and confer with respect
to any subject or matter referred to, or covered in this Memorandum of Under-
standing.
ARTICLE 49
Severability
If any provision of this Memorandum of Understanding is held by the proper
legislative or judicial authority to be unlawful, unenforceable, unconstitu-
tional, or not in accordance with applicable statutes or not applicable to
Charter Cities, all other provisions of the Memorandum of Understanding shall
remain in full force and effect for the duration of this Memorandum of Under-
standing. 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 government regu-
lations 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 por-
tions.
ARTI CL E 50
Pay for Paramedic Assignment
It is agreed that Resolution No. 81-328, dated August 4,1981, shall be
amended to reflect the following:
-18-
ARTI CL E 50
Pay for Paramedic Assignment (Con't)
Pay for paramedic duty shall be paid at a flat rate per 28 day work week to
personnel certified as "active" by the Fire Chief as follows: Those
individuals approved by the Fire Chief shall receive additional compensation
predicated on service time as an active paramedic at the following rates:
SERVICE TIME
COMPENSATION
$60.00/28 day work cycle
$90.00/28 day work cycle
$150.00/28 day work cycle
First six (6) months
After 6 months through 24 months
Over 24 months
Pay for paramedic assignment as provided herein shall be retroactive to Janu-
ary 1,1983. 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.
ARTICLE 51
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 expiration of this
MOU, the City and Union will strive to meet sixty (60) days prior to the ex-
piration 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.
-19-
--i
All the terms and conditions set forth in the Memorandum of Understanding
are hereby acknowledged and agreed to by each party upon this 22nd day
of Nmrpmnpr ,1983.
CITY OF SAN BERNARDINO
FIRE FIREFIGHTERS UNION, LOCAL 891
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President, Local 891
ymond D. Sc weitzer
puty City Administrator
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Treasurer, Local 891- ~
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Approved as to form:
11/2-3/f?
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1 rector, ocal 891
r
To
Raymond D. Schweitzer
Deputy City Administrator
Memorandum of Understanding,
Firefighters Union Local 891
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BERNAR~I~O:"'~EMORANDUM '
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From
Ralph II. Prince
City Attorney
November 21, 1983
. ,
~T-Y OF SAN
Subject
,::'Date
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Approved
Date
700.17
I have reviewed the copy of the Memorandum of Understanding
between the City of San Bernardino and the Firefighters Union
Local 891 that you ~esented to me on November 16, 1983,
prior to the meeting of the Mayor and Common Council on
November 21, 1983, when it will be considered for approval.
This MOU differs from some previous ones in that subject
matters which were formerly covered in resolutions, STP's, or
Civil Service Rules are now included in the MOU. Apparently
the Union desires that these matters be in one document for
ease of reference and understanding and not in other
documents which are not readily accessible to members.
However, it should be remembered that the MOU covers only
members of the bargaining unit, not all employees, whereas
resolutions, STP's, and Civil Service Rules usually apply to
most employees. With differing rules of procedures for
grievances, disciplinary and reprimand procedures, and other
administrative procedures, there will be different and
varying procedures to be followed. Moreover, the City will
be unable to readily change the procedures or to bring about
uniformity in the procedures.
"
"
The MOU is not executed and signed by representatives of the
City and the Union which is a departure from the general
practice. Instead, the resolution calls for the Mayor to
execute the MOU and provides that it be retroactive to
October 1, 1983. Nevertheless, this procedure does not
appear to be contrary to the provisions of Section 3505.1 of
the Government Code which requires that representatives of a
public agency and an employee organization will prepare the
written MOU and present it to the governing body for its
consideration.
Article 2, Agency Personnel Rules, and Article 4, Management
Rights, page 1, appear to conflict in that Article 2 purports
to grant the right to the City to change personnel rules
after consultation with the Union, whereas Article 4 states
that the MOU does not limit the City "unless and only to the
extent that the provisions of this Memorandum of
Under~tanding specifically curtails or limits such rights,
powers and authority." Subsequent articles specifically
curtail or limit such rights.
(fry ON 'fHE~DV~
~
Memorandum to Raymond D. Schweitzer
Page Two
November 21, 1983
The introduction to the MOU in the last paragraph permits the
terms and conditions of the MOU to remain in effect if
negotiations are in progress on June 30, 1984, until "the
negotiations are completed." The phrase "or an impasse
reached" should be added to such paragraph. Otherwise,
negotiations could be extended over an appreciable amount
of time without any incentive to compromise on a proposed MOU.
Article 6, Wages, paragraph C, interprets Charter Section
186 to provide a method of determining a salary when a
comparable position does not exist in one or more of the ten
cities.
Article 7, Salary Rates and Step Advancements,
that all new employees be hired at the "A" step
impinge upon a management decision to hire at a
salary level.
Article 37, Investigation Rights, page 10, establishes a
cumbersome procedure which exceeds the legal requirements of
the Skelly warning. It is assumed that Article 37, subsection
(b), page 12, granting the right to administrative appeal
for denial of promotion on grounds other than merit relates
to a right to the grievance procedure only.
requires
which may
higher
In Article 43, Employee Representatives, page 14, line 7,
the word "understanding" should be changed to "requirement". ',\
In Article 44, Grievance Procedure, it is assumed that the
title of Director of Labor Relations refers to Labor
Relations Officer Joe Acosta.
Article 50, Pay for Paramedic Assignment, page 19, provides
for a retroactive pay increase for paramedics to January 1,
1983, without any actual factual recitation for such
retroactivity. As you know, the State Constitution, Article
XI, Section 10, subsection (a), prohibits a local government
body from granting extra compensation after service has been
rendered. It is assumed that the factual justification for
such retroactivity exists in that labor negotiations were
being conducted during such retroactive period when the
amount of the pay increase was in doubt in order that the
Constitution and 65 Ops. Cal. Atty. Gen. 66 would not be a
bar.
- .
.1
Memorandum to Raymond D. Schweitzer
Page Three
November 21, 1983
Article 51, Notice of Intent to Reopen, page 19, appears to
extend the period in which proposals may be presented by the
employee organization for negotiation beyond the last day of'
February, contrary to Section 6, paragraph E, of Resolution
No. 10584. It permits representatives to meet prior to the
end of May to negotiate ground rules concerning the date
beyond which no further proposals may be submitted.
.
It is requested that the signatory page at the end of the
MOU be changed to omit the title of City Attorney as a
signatory.
These comments are observations on the contents of the MOU
and should not be construed as statements of illegality.
~~~
RALPH H. PRINCE
City Attorney
RHP:sbw
cc Assistant City Attorney
Deputy City Attorney II
-",