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HomeMy WebLinkAbout28-Personnel - - - . CITY' OF SAN BERQRDINO - REQUESTODR COUNCIL ACTION From: Barbara Dillon Dept: Personnel Date: April 25. 1991 Sub~: Resolution implementing Memorandum of Understanding between the City of San Bernardino and the Fire Safety Employees working in job classifications represented by Fire Fighters Local B91 Synopsis of Previous Council action: On ~pril 17. 1991. the Mayor and Common Council approved the proposal for the Fire Safety employees during Executive session. Attached is the Resolution and Memorandum of Understanding. Recommended motion: Adopt resolution 0aU''?'!'.Jd J G,c. Jy./ )//J7? Signature Contact person: Barbara A. Dillon Phone: 1R4-'ilfil Supporting data attached: Yes Ward: n/F4 FUNDING REQUIREMENTS: Amount: Source: (Acct, No.) (Acct. DescriPtion) Finance: Council Notes: ~J;._n.,,.., Agenda Item No elF 111 L1 CITY OF SAN BEAQlADINO - AEQUESTO>>R COUNCIL ACTION STAFF REPORT Attached i. the Fire (MOU). The MOU will through July 1, 1992. include: safety Memorandum of Understanding be in effect from January 1, 1991 The Financial highlights of the MOU HEALTH INSURANCE o $90.89 additional effective August dependent or more. monthly 1991, for City contribution employees with 1 o Maintain employee employee any plus plus increases in premium for Kaiser one, and Mission Dental High Option, one. FLEXIBLE STAFFING/VACATION AND HOLIDAY SELL-BACK o Once per year, each person in the bargaining unit will be granted the option of selling his/her vacation and holidays back to the City. In the final year the employee may sell back prospective holiday and/or vacation time up to 6 shifts of holiday and 10 shifts of vacation. o The benefit of this proposal is to allow employees to earn more without additional cost to the city. This aids Fire Management in allocating staffing; and results in approximate savings of $40,000 per year - for vacations, and $43,000 per year for holidays. Several other changes were incorporated in the MOU; however, the fiscal impact was negligible. PD:STAFF.3 4/25/91 75.0264 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1II -1 o o 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING WAGES, HOURS, INSURANCE BENEFITS AND WORKING CONDITIONS FOR FIRE 3 SAFETY EMPLOYEES WORKING IN JOB CLASSIFICATIONS REPRESENTED BY FIRE FIGHTERS, LOCAL 891. 4 5 6 WHEREAS, Resolution No. 90-106 establishing wages, hours, insurance benefits and working conditions for Fire Safety employees in job classifications, represented by Fire Fighters 7 Local 891, expired on November 30, 1990; and WHEREAS, the City's representatives have met and conferred with representatives in Fire Fighters Union, Local 891, to negotiate a Memorandum of Understanding, in accordance with the provisions of California Government Code Section 3500-3510; and the Meyers-Mi1ias-Brown Act; and WHEREAS, the City's representatives and the Union's representati~es reached agreement on a Memorandum of Understanding a copy of which is attached hereto and incorporated herein, marked Exhibit "A", effective January 1, 1991 through July 1, 1992; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours and working conditions for Fire Safety employees, represented by Fire Fighters Local 891, bargaining unit of the City of San Bernardino. SECTION 2. The Mayor is hereby authorized and directed to execute said MOU on behalf of the City of San Bernardino. I HEREBY CERTIFY that the foregoing resolution was duly 27 adopted by the Mayor and Common Council of the City of . 28 DCR/dys/fire.res April 30, 1991 1 .IlL. Ilb. o o 1 RESOLUTION... ESTABLISHING WAGES . . . AND WORKING CONDITIONS FOR FIRE SAFETY EMPLOYEES . . . REPRESENTED BY FIRE FIGHTERS, 2 LOCAL 891. 3 4 San Bernardino at a meeting thereof, held on the , 1991, by the fOllowing vote, to wit: 5 6 day of AYES NAYS ABSTAIN Council Members: 7 ESTRADA 8 REILLY 9 FLORES 10 MAUDSLEY 11 MINOR 12 POPE-LUDLAM 13 MILLER 14 15 16 17 18 19 City Clerk The foregoing resolution is hereby approved this day of , 1991. W. R. Holcomb, Mayor 20 City of San Bernardino 21 Approved as to form and legal content: 22 23 24 25 26 27 28 JAMES F. PENMAN, City Attorney BY:,~ 1. oL {:, ~ DCR/dys/fire.res April 30, 1991 2 - 1 o o FIRE SAFE'l'Y MEMORANDUM OF UNDERSTANDING (MOU) TABLE OF CONTENTS ARTICLE TITLE PAGE Table of Contents i Definition of Terms 1 1 Recognition 3 3 2 Agency Personnel Rules 3 Nondiscrimination 4 4 5 6 7 8 9 Management Rights Employees' Rights . 4 6 6 9 9 Wages Workweek OVertime Holidays 10 10 10 11 Vacation Sick Leave 11 12 Workers' Compensation Injury 11 13 14 Deferred Compensation Retirement Plan 11 12 12 13 14 15 Leave Provisions 16 Health/Related Insurance 17 Trading Time 18 19 20 Payroll Deductions 15 Pay for Paramedic Assignment 16 Re-employment ,17 DCR/dys/fire.mou April 30, 1991 i o o ARTICLE TITLE PAGE 21 Probationary Period 17 Work Uniforms 17 22 23 Seniority 17 24 Related Work Standards 18 25 26 Tuition Reimbursement 18 Safety Committee 19 27 28 Payment of Unused Sick Leave 19 Educational/Longevity Pay 20 29 30 31 Court Fines 20 On Call, Call-back, Stand-by 20 Medical Exams 21 32 33 Replacing/Repairing Personal Property 22 Safety Equipment 22 34 Personnel Files 22 35 36 Political Activity 23 Investigation Rights 23 37 Financial Disclosure 4 27 38 Locker Search 27 39 Use of City Resources 28 40 41 Employee Representatives 29 Grievance Procedure 30 42 43 polygraph Examination 35 Labor Management Committee 35 44 Flexible Staffing/Vacation and Holiday Sell-Back 36 45 Severability 36 / / / / DCR/dys/fire.mou April 30, 1991 H - 0 0 4 ARTICLB TITLB PAGB 46 Notice of Intent to Reopen 37 47 Term 37 48 Prevailing Benefits 37 Index 39 4 DCR/dys/fire.mou April 30, 1991 Hi o FIRE SAFETY - MOU AdlainistratJ.on: AppoJ.ntJ.ng AuthorJ.ty: CJ.ty: Cl.assJ.fJ.catJ.on: Department: DJ.vJ.sJ.on: Empl.oyee Publ.J.c Safety OffJ.cer: DCR/dys/fire.mou April 30, 1991 - - o DEFINITION OF TERMS . Shal.l include any elected or appointed official of the City and any employee of the City whose job classification is Management or Confidential employee. Fire Chief, Deputy Chief or Assistant Chief of the City of San Bernardino Fire Department. The City of San Bernardino. Fire Fighter, Fire Investigator, Engineer, Captain. 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 classification having the most nearly equal duties and responsibilities. San Bernardino City Fire Department. Division shall refer to anyone of the major Divisions of the Department. . The term "employee" shall include all Safety personnel within the Fire Department bargaining unit. 1 - ~ o o FIRE SAFETY - MOU Elaployee Organ1.zation: 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 representative or Elected Official thereof. Mandatory and penaissive: "Shall" is mandatory, "May" is permissive. Shall include Fire Safety Personnel as Member: defined by Section #20021 of the Government Code in the classifications listed herein. MOU: Memorandum of Understanding Means a twenty-four hour ,duty for the Fire Shift: 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 hour average work week. For pay purposes only, one twenty-four hour shift is equivalent to twenty-four hours. Singular and Plural: The singular also includes the plural. DCRjdysjfire.mou 2 April 30, 1991 o o FIRE SAFETY - MOU The present tense shall also include the past and future. Tense: Union: San Bernardino and Rialto Fire Fighters' Union, Local 891. ARTICLE 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 Investigators, 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; Resol~tion No. 10584, Establishing Uniform 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 documents will continue in effect, except for those provisions modified by the Common Council in accordance with State Laws, orders, regulations, DCR/dys/fire.mou April 30, 1991 3 o o FIRE SAFETY - MOU official instructions or policies. In case 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 Nondiscrt.dnation The provisions of this Memorandum of Understanding (MOUl 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, or political or religious opinions or affiliations. . ARTICLE .& Management Rights This MOU shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers, and authority which the City had prior to adopting this MOU, except to the extent that the provisions of the MOU specifically curtails or limits such rights, powers, and authority. Furthermore, the City retains all its exclusive rights and authority under City Charter, Ordinance, Resolutions, State and Federal Law, and expressly and exclusively retains its management rights, which include but are not limited to: the exclusive right to determine the mission of its constituent departments, commissions, d boards; set standards of selection for employment and promotions; DCR/dys/fire.mou April 30, 1991 4 o o FIRE SAFETY - MOU 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 Rul~s and procedures; maintain the efficiency of governmental operations; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City-issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of work force and allocate and assign work by which the City operations are to be conducted provided, however, that no such measures as threaten the safety of employees shall be adopted; determine and change the number of work locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions ~ including, but not limited to, the right to contract for or sub- contract any work or operations of the City; assign work to and - schedule employees in accordance with requirements as determined by the City and establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, except such as are mandated by City Charter, or otherwise discipline employees in accordance with the applicable law; establish employee performance standards including, but not limited to, quality and quantity standards; qnd carry out its DCR/dys/fire.mou April 30, 1991 5 u ~.:...,.:;..., o o FIRE SAFETY - MOU mission in emergencies, and exercise complete control and discretion over its organization and the technology of performing its work. ARTICLE 5 Employees' R~ghts Employees shall have all the rights which may be exercised in accordance with state Law, the Charter, and applicable ordinances, resolutions, rules and regulat~ons including the right to: A. Form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer- employee relations. B. Refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the City. Be free from interference, intimidation, restraint, C. coercion, . discrimination, or reprisal by other employees, employee organizations, management or supervisors, as a result of their exercise of rights indicated in (a) and (b) above. ARTICLE 6 A. Wages During the term of this MOU, the monthly salaries of DCR/dys/fire.mou April 30, 1991 6 o o FIRE SAFETY - MOU ~ Local Safety members of the San Bernardino Fire Department included in classifications Firefighter, Fire Investigator, Engineer, Captain, and additional classifications within as may be established by the Mayor and Common Council shall be fixed annually on August 1 of each year at the amount equal to the arithmetic average of the monthly salaries, paid or approved for payment to Local Safety members of like or most nearly comparable positions of ten California cities with populations of between 100,000 and 250,000 as shown in the latest Annual Report of Financial Transactions of California Cities published by the State Controller. B. The ten cities used for fixing the monthly salaries shall be those ten cities remaining from an original and complete list of all California cities in the 100,000 to 250,000 population range based on the latest Annual Report of Financial Transactions of California Cities, published by the State Controller after representatives of the City and the appropriate recognized employee organization have alternately struck the names of cities from the list one at a time until the names of ten cities remain. The representatives to strike the first name from the list shall be determined by lot. ~ C. In the event one or more of the ten cities does not have one or more of the comparable position classifications, the monthly salary for the particular classification shall be computed as the arithmetic average of the next highest DCR/dys/fire.mou April 30, 1991 7 o o FIRE SAFETY - MOU and next lowest comparable position classification of that City. D. The salaries paid in Step "A" shall be the same as the . arithmetic average of the starting salaries of the comparable positions in the ten cities and the salaries paid in step "E" shall be the same as the arithmetic average of the top salaries paid in comparable positions in the ten cities. The salaries paid in step "B", "C"and "0" 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. E. New employees shall be hired at the, "A" step of the established base salary range except as otherwise provided in this MOU. F. Any Local Safety member of the Fire Department temporarily acting in a position in a higher rank a during period of absence of the incumbent or during a vacancy in the position for more than ten consecutive working days or five consecutive shifts, shall receive the same salary for the higher rank to which he would be entitled, were he promoted to that rank during the period in which the employee is acting in the higher rank. The Fire Chief shall certify as to the assignment and the period of time worked in the higher rank to validate entitlement to the . higher salary. DCR/dys/fire.mou April 30, 1991 8 o FIRE SAFETY - MOU o ARTICLE 7 Workweek The average work week for "shift" personnel shall be 56 hours. Shift calendars shall be provided to employees by the City. ARTICLE 8 ~ OVertime Overtime worked in excess of the above average work week shall be paid at the applicable time and one-half overtime rate under either the Fair Labor Standards Act or Charter Section 186. A. PolJ.cy: It is the pOlicy of the City to discourage overtime except when necessitated by abnormal or unanticipated workload situations. The City has the right to require overtime to be worked as necessary. Consistent with this pOlicy, the Fire Chief, Deputy Chief and Battalion Chiefs, will make every effort to assign overtime evenly among the employees with similar skills or assignments. B. DefJ.nition: Overtime is defined as all hours worked in excess of the regularly scheduled work week. All overtime shall be reported in increments of fifteen minutes and is non-accumulative and non-payable when incurred in units of less than fifteen minutes. HOliday leave, sick leave, vacation leave and court time shall be considered as time worked for purposes of computing overtime compensation. C. Compensation: Payment for overtime shall be made ~n DCR/dys/fire.mou April 30, 1991 9 ~ -'~~-- o o FIRE SAFETY - MOU the first regular payday following the pay period in which overtime is worked, unless overtime compensation cannot be computed until some later date, in which case overtime will be paid on the next regular payday after such computation can be made. ARTICLE 9 HOlidays All members within the bargaining unit shall be entitled to twelve hOlidays per year or six shifts per year. ~ ARTICLE 10 Vacation All members within the bargaining unit shall be entitled to annual paid vacation as follows: Completed Years of Days/Shifts of Rate of Accrual Continuous Service Paid Vacation Per Month 1 10 days or 5 0.833 working days shifts 10 15 days or 7 1/2 1.25 working days shifts 20 20 days or 1. 667 working days shifts Members will be permitted to carry over 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. / / / / DCR/dys/fire.mou April 30, 1991 10 If Ulil " ~ o o FIRE SAFETY - MOU Resolution No. 6433, Section Eleven, shall remain in effect where applicable to the bargaining unit members. ARTICLE 11 Sick Leave All members will be authorized to use earned sick leave after six months of continuous employment with the City. Sick leave will accrue at the rate of one day per month or at a rate of 3.7 hours per pay period for employees scheduled to work forty hours per week, or 1/2 shift per month or 5.538 hours per pay period for shift employees, not to exceed twelve days per year or six shifts per year, with no limit as to the number of days/shifts that may accrue. For purposes of usage, two sick days shall equal one shift. Resolution No 6483, Section Five, shall remain in effect where applicable to the bargaining unit members. ARTICLE 12 Workers' CoIIIpensation Injury Members will have a choice of Doctor and Hospital for work related injuries, in accordance with existing State Labor Code. ARTICLE 13 Deferred Compensation The City shall continue to sponsor a deferred compensation plan which shall be available to employees on a VOluntary basis. / / / / DCR/dys/fire.mou April 30, 1991 11 o o FIRE SAFETY - MOU ARTICLB 14 Retire.ent Plan The City shall continue to participate in an employees' retirement plan for Public Safety Officers, by contract with the California Public Employees' Retirement System (PERS) under the current "2% at age 50" formula. The City will contract with PERS to additionally provide the "highest 12 month" retirement formula and Mil i tary Service Credit. The City shall continue to contract with PERS to provide the 1959 Survivor Benefit, Third Level. The City will pay seven percent (7%) of the members' contribution to PERS credited to the employee's account as a fringe benefit. ARTICLB 15 Leave Provisions 4 The provisions of City Resolution No. 6433, as amended, as of April 6, 1978, concerning sick leave, injury leave, vacation, hOliday leave, leave of absence without pay and other leave, as they apply to Fire Safety personnel, shall remain in effect, except as they are modified by this MOU. 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 DCR/dys/fire.mou April 30, 1991 12 o o . FIRE SAFETY - MOU aggregate for such employees. This time is cumulative up to a maximum of 576 hours. ARTICLE 16 Health/Related Insurance A. Effective August 1, 1991, the City shall contribute full payment for each employee and one dependent, based on the cost of the Kaiser premium. In addition, the City will provide full payment of the Mission Dental High Option plan, for the employee and one dependent. The Ci ty' s contribution will increase to cover the increase in the Kaiser premium and the Mission Dental plan during the term of this MOU. The City shall contribute the following amounts for the purchase of insurance benefits offered by the City, effective August 1, 1991: $152.61 for employees with no dependents, and $314.89 for employees with one or more dependents. Any contribution not utilized by an employee shall revert to the City. B. Insurance benefits available for purchase by employees include medical, dental, vision, life, long-term disability, and accidental death and dismemberment insurance. C. An employee must purchase medical insurance offered through the City in order to utilize the contributions described in Section A. D. In addition to the contribution described in Section DCR/dys/fire.mou April 30, 1991 13 o o FIRE SAFETY - MOU A, the City shall contribute a maximum of $16.00 per month per employee to be used exclusively fo~ the purchase of medical insurance benefits. E. Employees may use any of the amounts described in Section A to purchase any or all of the insurance benefits described in Section B. F. Cafeteria monies may be redesignated or a change of plans may be made in accordance with the rules established G. by the insurance plan selected by the employee. The City shall provide each employee with $3,000 life insurance. H. An employee may not add another City employee as a dependent, or be added to another employee's City health plan as a dependent, in order to receive "double coverage". ARTICLB 17 Trad1.ng Time Subject to the authorization of the Fire Chief, Deputy Chief, or Battalion Chief, members in the bargaining unit should be allowed to trade time with other employees of equal ability on the following basis: A. 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. . B. In the event one part of a trade (either first part .r second part) is not fulfilled for any reason, the employee DCR/dys/fire.mou April 30, 1991 14 ~-'O>i~._' o o FIRE SAFETY - MOU not fulfilling his/her part shall owe the department for the amount of time missed. This shall be designated as an owed department payback at straight time. In the event the above does occur the employee who did not fulfill his/her part may turn down a payback one time but must accept the payback on ~ the second request. ARTICLE 18 Payroll Deductions It is agreed that Union membership dues, insurance and premiums for plans sponsored by the Union shall be deducted by the City from the pay warrant of each employee covered hereby who files with the City a written authorization requesting that such deduction be made. Remittance of the aggregate amount of all membership dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to the Union wi thin thirty days after the conclusion of the month in which said membership dues and insurance premiums were deducted. The City shall not be liable to the Union, employees, or any other persons by reason of the requirements of this Article for the remittance of any sum other than that constituting actual deductions made from employee wages earned. The Union shall hold the City harmless for any and all claims, demands, suits, orders, judgments or other forms of liability that may arise out of or by reason of action taken by the City under this Article. / / / / DCR/dys/fire.mou April 30, 1991 15 ~ o o FIRE SAFETY - MOU ARTICLE 19 Pay for Par_die AssignDlent Pay for paramedic duty shall be paid as listed below to personnel certified as "active" by the Fire Chief: Year Amount 2+ $200/month $250/month $300/month 0-1 1-2 Only those individuals approved by the ~Fire Chief shall receive additional compensation as noted above. No pay for paramedic service will be received for extended period of absence from paramedic duties due to injury, illness or reassignment to non-paramedic duties. A Recertification Bonus is offered starting January 1, 1990, as follows: A. For paramedics recertifying after completion of probation; B. Paramedics use own time for earning Continuing Education Units; C. City reimburses paramedic for recertLfication fees upon successful recertification; D. If candidate fails, the repeat testes) will be paid by the individual; E. Paramedic receives $250 upon successful completion of each three month period in the program during the first year / / / / DCR/dys/fire.mou April 30, 1991 16 o o FIRE SAFETY - MOU following recertification for a maximum available bonus of $1000.00. ARTICLE 20 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 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 21 Probationary Period The probationary period for positions in this unit shall be twelve months from the date of hire. ARTICLE 22 Work uniforms The City will furnish, and replace as needed, four work shirts and three pairs of work trousers to each member. ARTICLE 23 Seniority Seniority is herein defined to be an empLoyee's length of service, with no break in service, within the Fire Department DCR/dys/fire.mou April 30, 1991 17 o o FIRE SAFETY - MOU and/or classification to which the employee is presently assigned. The Department may use seniority in vacation scheduling, shift assignments and transfers within classifications. ARTICLE 24 Related WOrk Standards During the term of this MOU, the City and the Union agree to meet and confer on related work standards as used in job descriptions in an effort to establish reasonable guidelines for employees in that unit. ARTICLE 25 Tuition Re:Laburse.ent The City will continue, under its formalized procedures, to pay tuition costs for members who complete job $elated courses of instruction, with a grade consistent with the City's affirmative action policy, which will increase their value to the City. The amount of reimbursement shall be the equivalent of the tuition costs for six units per quarter as charged by the California State University, San Bernardino, or one and one-half times that amount if based on a semester system. 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 tuition is requested. / / / / DCR/dys/fire.mou April 30, 1991 18 o o FIRE SAFETY - MOU ARTICLB 26 Safety Cu ittee The City Incident Review Board meets at least monthly to review vehicular accidents/incidents which, after initial assessment by the Risk Management Division, may have been preventable. The Union may select one of its members to participate as a member of the Incident Review Board when the ,Board reviews an accident/incident in which Fire personnel are involved. The Chairman of the Review Board will inform the Union of the date and time of Board meetings which will review such incidents, at least forty-eight hours in advance. ARTICLB 27 pav-nt of Unused Sick Leave After completion of five years of continuous full time employment with the City, every member shall, upon retirement or death, receive compensation for accumulated, unused sick leave, as follows: A. . 50% of the first 1120 hours for 40 hour per week employees (560 hours) and 50% of the first 1680 hours for 56 hour per week employees (840 hours); 25% of all unused sick leave over the above amounts. B. / / / / / / / / / / / / I DCR/dys/fire.mou April 30, 1991 19 '"""=,";Co~-,,~ ,.c,,~~,","- o o FIRE SAFETY - MOU ARTICLB 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 years of continuous ful.l time employment with the City and has presented adequate proof that he has earned 20 semester units or 30 quarter units of Fire Science courses, as defined by the California State Department of Education Fire Science Curriculum or other job related courses as defined by the Fire Chief. ARTICLB 29 Court Fines The City shall pay for court fines imposed upon each member as a result of his conviction of a traffic violation when such member was directed to operate any faulty vehicle or vehicular equipment which was the proximate cause of the mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member. ARTICLB 30 On Cal.l., Cal.l.-back, Stand-by Any employee on "on-call" status will rli\ceive four hours pay for all or any portion of a twenty-four hour day. If "called back" any time within the first four hours of "on-call", the time worked will be deducted from the four hours "on-call". If the DCR/dys/fire.mou April 30, 1991 20 '~,_:.,,,..'-" o o FIRE SAFETY - MOU "call-back" occurs after four hours expire, "call-back" time will be clocked from the time the employee receives the call to report. Compensation for that time is in addition to the "on- call" status. ~ In the event an employee is placed on "standby" for court subpoena, the employee will receive three hours "standby" pay. If the employee is called to court and does not go beyond 1200 hours on that day, it will be considered part of the three hours "standby". If the employee has to appear after the noon recess, any additional time will be added to the three hours "standby" plus one-half hour travel time. In cases where the subpoena is for 1330 hours, or another time, the "standby" will start with time stated on the subpoena. In those cases where the subpoena is for 1330 or later, the employee's time will be computed at the amount of time between the time of subpoena an~ 1700, plus thirty minutes travel time. In the event the employee is required to pay parking fees, the employee will be reimbursed. I f 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 31 Medical b_ 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. If an employee opts to go to his/her own ~ DCR/dys/fire.mou April 30, 1991 21 o o FIRE SAFETY - MOU doctor, on his/her own time, the City will reimburse the employee up to the amount of the City rate for the exam. The City will not reimburse the employee for time spent at the doctor's office. ARTICLE 32 Replacing/Repairing Personal Property The City shall continue to provide for the cost of replacing or repairing personal property, of any employee~ which is lost or damaged in the performance of duty, as provided in Administrative Directives. ARTICLE 33 Safety Equi~nt 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 / / / / DCR/dys/fire.mou April 30, 1991 22 .',,=~.:;~-,-._,.. () () FIRE SAFETY - MOU should be noted on the document, and signed or initialed by such member. A member shall have thirty days within which to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. ARTICLB 35 Political Activity Except as otherwise provided by law, no member shall be prohibited from engaging, or be coerced or required to engage in ~ political activity. No member shall be allowed to engage in political activity when in uniform or on duty. ARTICLB 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, dem~tion, suspension, reduction in salary, written reprimand, or transfer for purposes of punishment. A. The interrogation shall be conducted at a reasonable hour, preferably at the time when the member is on duty, or DCR/dys/fire.mou April 30, 1991 23 -"""""~:;c.;.;:;;;:.-:~-----,,,;,;,_. () () FIRE SAFETY - MOU during the normal waking hours for the member. If such interrogation does occur during off-duty time of the member being interrogated, the member shall be compensated for such off-duty time in accordance with regular department procedures, and the member shall not be released form employment for any work missed unless the seriousness of the investigation requires otherwise. B. The member under investigation shall be informed prior to such interrogation of the rank, name and command of the official in charge of the interrogation, the interrogating . official, and all other persons to be present during the interrogation. All questions directed to the member under interrogation shall be asked by and through no more than two interrogators at one time. C. The member under investigation shall be informed of the nature of the investigation prior to the interrogation. D. The interrogating session shall be for a reasonable period taking into consideration the gravity and complexity of the issue being investigated. The person under interrogation shall be allowed to attend to his own personal physical necessities. E. The member under interrogation shall not be subjected to offensive language or threatened with punitive action, except that a member refusing to respond to questions or submit to interroga~ions shall be informed that failure _0 answer questions directly related to the investigation or DCR/dys/fire.mou April 30, 1991 24 n o FIRE SAFETY - MOU interrogation may result in punitive action. No promise of reward shall be made as an inducement to answer any question. The employer shall not cause the member under interrogation to be subjected to visits by the press or news media without his express consent nor shall his home address or photograph be given to the pres 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 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 persons, except those which are deemed by the investigating agency to be confidential. No notes or reports which are deemed to be confidential may be entered in the member's personnel file. The member being interrogated shall have the right to bring ~ G. his own recording device and record any and all aspects of the interrogation. If prior to or during the interrogation of a member it is deemed that he may be charged with a criminal offense, he shall be immediately informed of his constitutional rights. H. Upon the filing of a formal written statement of charges or whenever a interrogation focuses on matters which are likely to result in punitive action against any DCR/dys/fire.mou April 30, 1991 25 o o . FIRE SAFETY - MOU member, that member, at his/her request, shall have the right to be represented by a representative of his choice who may be present at all times during such interrogation. The representative shall not be a person subject to the same investigation. This Article shall not apply to any interrogation of a member in the normal course of duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned contact with a supervisor or any other member, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities. Lawful ezercise of rights: insubordination: adainistrative appeal: ( a) No member shall be subj ected to puni ti ve action, or denied pro~otion, or be threatened with any such treatment, because of the lawful exercise of the rights granted under this Article, or the exercise of any rights under any existing administrative grievance procedure. Nothing in this Article shall preclude a head of any agency from ordering a member eo cooperate with other agencies involved in criminal investigations. If a member fails to comply with such an order, the agency may officially charge him with insubordination. (b) No punitive action, nor denial of promotion on DCR/dys/fire.mou April 30, 1991 26 ,.,~- -: n o FIRE SAFETY - MOU grounds other than merit, shall be undertaken by any public agency without providing the member with an opportunity for administrative appea~ ARTICLE 37 Financial Disclosure No member shall be required or requested for purposes of job assignment or other personnel action to disclose any item of his property, income, assets, source of income, debts, or personal or domestic expenditures (including those of any member of his family or household) unless such information is obtained or required under a state law, City policy, 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 strong possibility that bribes or other improper inducements may be offered. ARTICLE 38 Locker Search No member shall have his/her locker, or other space for storage that may be assigned to them, searched, except in the employee's presence, or with his/her consent, or unless a valid search warrant has been obtained or where the member has been . notified that a search will be conducted. This section shall DCR/dys/fire.mou April 30, 1991 27 .=<"~~-- o () FIRE SAFETY - MOU apply only to lockers or other spaces 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 interfering 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 use by the Union. 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 related bulletins; (d) Reports of official business of Union including reports of committees or the Board of Directors; (e) Pay scales, job announcements, promotion lists, etc.; ( f) Such other items as may be approved by the Department management upon request of the Union. DCR/dys/fire.mou April 30, 1991 28 . 1 o o FIRE SAFETY - MOU 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 40 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. The representatives shall be allowed reasonable time therefor during working hours without loss of time or pay, upon notification and approval of their immediate supervisor with the concurrence of the appropriate Division or Fire Chief. The privilege of a Job Representative to leave their work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Representatives will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Representative will not be granted time- off, or compensation, for the purpose of handling grievances outside this unit. The Union shall notify the City of names of each Job Representative. Anyone not on the list will not _e recognized. A ratio of one Job Representative for every sixty DCR/dys/fire.mou April 30, 1991 29 o o FIRE'SAFETY - MOU permanent employees in the unit, but not less than four shall be recognized by the City. ARTICLB 41 Grievance Procedure PURPOSB: The City of San Bernardino and the Union realize the importance of a viable Grievance Procedure to aid in the resolution of disputes among employees, supervisors, and management. It is recognized that, to maintain high employee morale and harmonious relations, an orderly method of 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 regarding 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 employees shall not cast any adverse reflection on their standing with their supervisors or their loyalty as City employees, nor be a reflection on the employees' supervisors or the department involved, unless it is determined that such department or supervisors have grossly abused management discretion or the employees have grossly abused the grievance process. DBFINITION OF A GRIEVANCE: A grievance is an alleged violation of the terms of this MOU. Only the employee aggrieved DCR/dys/fire.mou April 30, 1991 30 V_C'=''''_.''' o o FIRE SAFETY - MOU by supervisory or management action may file a grievance. Appeals a~-s1ng out of Civil Service examinations shall be submitted directly to the Civil Service Board. Allegations of discrimination shall be submitted to the Affirmative Action Officer. Once one of the above processes has begun, it shall be the exclusive remedy 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 employee. No person hearing a grievance need recognize more than one representative for any employee at any one time, unless the person hearing the grievance 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 vio;J.ate the terms of this MOU. CONSOLIDATION OF GRIEVANCES: I nor d e r t 0 a v 0 i d the necessity of processing numerous similar grievances at one time, a single "class" grievance may be filed. TIME LIMITATIONS: Time limits are established to settle a grievance quickly. Time limits may be modified by agreement of the parties. If at any stage of this Grievance Procedure the grievant is dissatisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which DCR/dys/fire.mou April 30, 1991 31 o o~ FIRE SAFETY - MOU submits the grievance to the next level of review. The grievant may proceea-~o-tne next step 1f- a review10g 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 employee's 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 working days after the employee is aware of the conditions precipitating the grievance. 1) InforDIa1: Initially, the grieving employee shall, on a personal face-to-face basis, discuss his/her complaint with his/her immediate supervisor informally. Within ten working days, the supervisor shall give the decision to the employee orally. 2 ) Formal. : Step 1. Written Grievance to Supervisor ~ If a mutually acceptable solution has not been reached in the informal process, the employee shall submit the grievance in writing to his/her immediate supervisor. This must be accomplished within ten working days of being informed of the supervisor's informal decision. Within ten working days of receiving the written notification of the DCR/dys/fire.mou April 30, 1991 32 o o FIRE SAFETY - MOU employee's grievance, the supervisor may meet with the employee and thoroughly discuss --the ~grievance. The employee may appear personally and may be represented by a representative of his/her choice. In any event, the supervisor shall give a written decision to the employee within ten working days after receipt of the written grievance. St:ep 2. Meet: with Division Head If the grievance has not been satisfactorily resolved at the supervisor level, it may be appealed within ten working days to :he Division Head who may follow the steps outlined in Step 1 above. In any event, the Division Head shall give a written decision to the employee within ten working days after receipt of the grievance. If grievance has not been satisfactorily resolved at this level, it may be appealed within ten working days to the Chief St:ep 3. Meet: with Fire Chief Upon receipt of the grievance, the Chief may follow the steps outlined in Step 2, above. In any event, the Chief shall give a written decision to the employee within ten working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within ten working days to the I I i; I' ;! Director of Personnel. ~ Ii !! I " 11 !! 1:1 !'1 'I ;~ :i :-1 ,1 '-j St:ep 4. Review by t:he Direct:or of Personnel Within ten working days after receiving the appeal, DCR/dys/fire.mou April 30, 1991 33 o o FIRE SAFETY - MOU the Director of Personnel shall review the matter and give a decision. If the grievance has not been satisfactorily resolved by the Director of Personnel, the appeal may be made with ten working days to the City Administrator. step 5. Final step . a. If the grievance has not been satisfactorily resolved, the employee may appeal to the City Administrator. Such appeal must be made within ten working days, in writing, accompanied by the report of the Director of Personnel. b. The City Administrator will be advised of the general nature of the case and will set a time, date and place for hearing the grievance within thirty calendar days. The grievant and the Department will be notified of the date, time and place of the hearing. pre-hearing conferences will be held as c. necessary. Witnesses or documentary evidence will be d. provided by each of the parties prior to the hearing. The decision of the City Administrator will be in writing and transmitted to the parties within ten working days after the close of the hearing. The City Administrator's decision is final and binding on all parties, unless reversed by court decision. / / / / / / / / DCR/dys/fire.mou April 30, 1991 34 . ~"' o o FIRE SAFETY - MOU e. All grievances shall be treated as confidential -~ no publicity will-be-given the final resolution of the grievance. ARTICLE 42 Polygraph EzamJ.nation No member shall be compelled to submit to a polygraph examination against his/her will. No disciplinary action or ~ other recrimination shall be taken against a member refusing to submit to a polygraph examination, nor shall any comment be entered anywhere in the investigator's notes or anywhere else that the member refused to take a polygraph examination, nor shall any testimony or evidence be admissible at a subsequent hearing, trial or proceeding, judicial or administrative, to the effect that the member refused to take a polygraph examination. ARTICLE 43 Labor ManagMl8llt C---ittee The Union will designate four representatives who will meet with representatives of the Fire Department management on a mutually agreeable basis to discuss matters pertinent to the welfare of the Department and the employees. The Union may have additional representatives present when appropriate for the discussion of scheduled matters. Normally such meetings shall be during regular working hours. / / / / DCR/dys/fire.mou April 30, 1991 35 o o FIRE SAFETY - MOU ARTICLB 44 " ?1...J.ble Staff:l:ng/Vacat.ion and Hol.iday Sell-Back Once per year, each person in the barga.in.ing unit will be granted the option of selling his/her vacat.ion and holidays back to the City. In the employee's f.inal year the employee may sell back prospect.ive holiday and/or vacation t.ime up to six shifts of hol.iday and ten shifts of vacation. Th.is f.inal year sell-back shall be converted to salary and reported to the Public Employees' Retirement System as such. ARTICLB 45 Severab.il.ity ~ If any provis.ion of this MOU is held by the proper legislative or judicial authority to be unlawful, unenforceable, unconstitutional, or not in accordance with applicable statutes or not applicable to Charter Cities, all other provisions of the MOU shall remain in full force and effect for the duration of this MOU. I f there is any conflict between the provisions of this MOU 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 decis.ion declaring any Article, section or portion of this MOU to be unlawful, unenforceable, unconstitutional or not applicable to Charter Cities, the parties agree to meet and confer immediately concerning only those Art.icles, sections or portions. DCR/dys/fire.mou April 30, 1991 36 o o FIRE SAFETY - MOU 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 expiration of this MOU, the City and Union will strive to meet 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 Terlll This MOU shall be effective from January 1, 1991 through July 1, 1992. If negotiations regarding a Memorandum of Understanding are in progress on July 1, 199~2, this MOU shall remain in effect until a successor Memorandum of Understanding is adopted 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 MOU, shall remain in full force during the term of this MOU I I I. 1...., :1 jl unless changed by mutual consent. / / / / DCR/dys/fire.mou April 30, 1991 37 o FIRE SAFETY - MOU W.R. Holcomb, Mayor City of San Bernardino City's Designated Representative ATTEST: City Clerk Approved as to form and legal content: JAMES F. PENMAN, City Attorney IJ DCR/dys/fire.mou April 30, 1991 o Fire Fighters Union Local 891 38 o FIRE SAFETY - MOU TITLE Agency Personnel Rules Court Fines Deferred Compensation Education/longevity pay Employee Representatives Employees' Rights Financial Disclosure Flexible Staffing/Vacation and HOliday Sell Back Grievance Procedure Health Related Insurance Holidays Investigation Rights Labor Management Committee Leave Provisions (Sick Leave, see Pg. 11 ) Locker Search Management Rights Medical Exams Notice of Intent to Reopen Nondiscrimination On Call, Call-back, Standby Overtime DCR/dys/fire.mou April 30, 1991 INDEX ARTICLE 2 29 13 28 40 5 37 44 41 16 9 36 43 15 38 4 31 46 3 30 8 39 o ~ PAGE 3 21 12 20 30 6 28 38 31 13 10 24 37 13 29 4 22 ~ 39 4 21 9 "~--:.':m;;z::::c~~::::;c,,;--- o FIRE SAFETY - MOU TITLE Pay for Paramedic Assignment Payment of Unused Sick Leave Payroll Deduction Personnel Files Political Activity polygraph Examination probationary Period Prevailing Benefits Re-employment Recognition Related Work Standards Replacing/Repairing Personal Property Retirement Plan Safety Committee Safety Equipment Seniority Severability Sick Leave Term Trading Time Tuition Reimbursement Use of City Resources Vacation wages DCR/dys/fire.mou April 30, 1991 ARTICLE 19 27 18 34 35 42 21 48 20 1 24 32 14 26 33 23 45 11 47 17 25 38 10 6 40 o . . PAGE 16 20 16 23 24 37 18 40 18 3 19 23 12 19 23 18 38 11 39 15 19 29 10 7 [' . y o FIRE SAFETY - MOU TITLE Work Uniforms Workweek Workers Compensation Injury DCR/dys/fire.mou April 30, 1991 ARTICLE 22 7 12 41 o PAGE 18 9 12 ~