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HomeMy WebLinkAbout19-Personnel '", clfY OF SAN BERNARl,~NO - REQ\"cST FOR COUNCIL A~TION From: Gordon R. Johnson ~ "" to" \.~ n ':':'F F,E~Si:lbj88ti:.'''R~so~ution establishing wages, hours, .'~_ ~~,.. I!: t~s~r~~e benefi ts and worki ng . con~ it ion l~-- \).... .~ for Flre Safety employees worklng ln jot classifications represented by Fire Fighters, Local 891. Dept: Date: Synopsis of Previous Council action: ~ Impasse hearing held on December 5, 1988. Recommended motion: Adopt resolution. :)"'/ ? 'k / _ / i \ . ~~/., , Sig~re Contact person: Gordon R. Johnson Phone: 384-5161 Supporting data attached: Attached Ward: FUNDING REQUIREMENTS: Amount: Sou rce: Finance: Council Notes: 12/14/38 hR,l ~ ir A ell Y OF SAN BERNARL.~O - REQ~_ST FOR COUNCIL A\,lION STAFF REPORT The Fire Fighters' MOU expired on November 30, 1988. The Council held an impasse hearing on December 5, 1988, and directed staff to prepare a resolution incorporating all the language discussed and agreed upon at the bargaining table and containing the provision for the PERS Medical Program. The resolution in your packet also incorporates all relevant por- tions of the recently expired MOU. The resolution becomes effective December 1, 1988, through November 30, 1989. 12/8/88 GRJ : j r 75-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING :5 WAGES, HOURS, INSURANCE BENEFITS AND WORKING CONDITIONS FOR ISAFETY EMPLOYEES WORKING IN JOB CLASSIFICATIONS REPRESENTED 4 FIRE FIGHTERS, LOCAL 891. FIRE BY 5 6 and 7 and 8 9 with WHEREAS, the Memorandum of Understanding between the City Fire Fighters Union, Local 891 expired on November 30, 1988; WHEREAS, the City's representatives have met and conferred representatives of Fire Fighters Union, Local 891 to 10 negotiate a successor Memorandum of Understanding, in accordance 1] with the provisions of the Meyers-Milias Brown Act of the State ]2 of California; and 13 WHEREAS, the City's representatives and the Union's 14 representatives did not reach agreement on a successor Memorandum 15 of Understanding; and 16 WHEREAS, Fire Fighters Union, Local 891 invoked the impasse 17 resolution procedures contained in Section 13 of City Resolution 18 No. 16584; and 19 WHEREAS, A resolution impasse hearing was conducted by the 20 Mayor and Common Council on December 5, 1988. 21 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON 22 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 23 SECTION 1. The wages, hours, insurance benefits and 24 working conditions for fire safety employees working in job 25 classifications represented by Fire Fighters Union, Local 891 26 have been reduced to writing and are contained in Exhibit A, 27 which is attached hereto and is incorporated by reference into 28 this Resolution. 1 SECTION 2. The Mayor of the City of San Bernardino is 2 authorized and directed to implement the provisions of Exhibit A 31 for and on behalf of the City of San Bernardino. -1 I HEREBY CERTIFY that the foregoing resolution was duly ;) adopted by the Mayor and Common Council of the City of San 6 Bernardino at a meeting thereof, held on the day of , 1988, by the following 8 vote, to wit: 9 10 11 12 ]3 ]4 ]5 16 AYES: NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this ]7 day of , 1988. 18 19 20 21 EVLYN WILCOX, Mayor City of San Bernardino 22 Approved as to form and legal content: 23 JAMES F. PENMAN 24 City Attorney /\ ~: By: .>('-1j~~ (; ~..., -, 28 RESOLUTION ESTABLISHING WAGES, HOURS AND WORKING CONDITIONS FOR FIRE SAFETY EMPLOYEES WORKING IN JOB CLASSIFICATIONS REPRESENTED BY FIRE FIGHTERS LOCAL 891 I 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 employee. Appointing Authority: Union: City: Department: Fire Chief, Deputy Chief or Assistant Chief of the City of San Bernardino Fire Department. San Bernardino and Rialto Fire Fighters Union, Local 891. Shall mean the City of San Bernardino. San Bernardino City Fire Department. Division: Employee/Public Safety Officer: Employee Organization: Employer: Gender: Mandatorv and permissive: Member: 881207 sas A262.CJW (1) "Division" shall refer to anyone of the major Divisions of the Department. The term "employee" shall include all Safety personnel within the Fire Department bargaining unit. San Bernardino and Rialto Fire Fighters Union, Local 891. Shall include the City of San Bernardino, the Fire Department, or any Management or Administrative representative or Elected official thereof. The masculine gender also includes the feminine. "Shall" is mandatory, "May" is permissive. Shall include Fire Safety Personnel as defined by Section #20021 of the Government Code in the classification of: Fire Fighter, -ii- Tense: Shift: Classifications: 881207 sas A262.CJW (1) 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. 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 twenty-four (24) hours. 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 classification having the most nearly equal duties and respon- sibilities. -iii- II TABLE OF CONTENTS I DEFINITION OF TERMS PAGE i II TABLE OF CONTENTS iv ARTICLE TITLE 1 Recognition 1 2 Agency Personnel Rules 1 3 Nondiscrimination 2 4 Management Rights 2 5 Employees' Rights 4 6 Wages 5 7 Work-Week 7 8 Overtime 7 9 Holidays 9 10 Vacation 9 11 sick Leave 10 12 Workers Compensation Injury 11 13 Deferred Compensation 11 14 Retirement Plan 11 15 Leave Provisions 12 -iv- 881207 sas A262.CJ~ (1) 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Health Related Insurance Trading Time Payroll Deductions Pay For Paramedic Assignment Re-employment Probationary Period Work Uniforms Seniority Related Work Standards Books and Tuition Allowance Safety Committee Payment of Unused Sick Leave Educational/Longevity Pay Court Fines On Call, Call-Back, Standby Physical Fitness Replacing/Repairing Personal Property Safety Equipment Personnel Files Political Activity Investigation Rights Financial Disclosure Locker Search Use of City Resources Employee Representatives PAGE 13 14 15 16 16 17 17 17 18 18 19 19 20 20 21 22 22 23 23 24 24 28 29 29 31 -v- 881207 sas A262. CJIJ (1) PAGE 41 Grievance Procedures 32 42 Polygraph Examination 37 43 Labor Management Committee 38 44 Severability 38 45 Notice of Intent to Reopen 39 46 Term 40 47 Prevailing Benefits 40 III INDEX vii -vi- 881207 sas A262.CJW (1) I N D E X TITLE ARTICLE PAGE Agency Personnel Rules 2 Books and Tuition Allowance 25 Court Fines 29 Deferred Compensation 13 Educational/longevity Pay 28 Employee Representatives 40 Employees' Rights 5 Financial Disclosure 37 Grievance Procedure 41 Health Related Insurance 16 Holidays 9 Investigation Rights 36 Labor Management Committee 43 Leave Provisions (Sick Leave 15 see Page 5) Locker Search 38 Management Rights 4 Notice of Intent to Reopen 45 Nondiscrimination 3 On Call, Call-back, Standby 30 Overtime 8 1 18 20 11 20 31 4 28 32 13 9 24 38 12 29 2 39 2 21 7 -vii- 881207 sas A262.CJW (1) PAGE Pay For Paramedic Assignment 19 Payment of Unused Sick Leave 27 Payroll Deduction 18 Personnel Files 34 Physical Fitness 31 Political Activity 35 Polygraph Examination 42 Probationary Period 21 Re-employment 20 Recognition 1 Related Work Standards 24 Replacing/Repairing Personal 32 Property Retirement Plan 14 Safety Committee 26 Safety Equipment 33 Seniority 23 Sick Leave 11 Term 46 Trading Time 17 Tuition Allowance (see "Books") 25 Use of City Resources 39 Vacation 10 16 19 15 23 22 24 37 17 16 1 18 22 11 19 23 17 10 40 14 18 29 9 -viii- 881207 sas A262.CJW (1) Wages Work Uniforms Work Week Workers Compensation Injury 881207 sas A262.CJ\I (1) 6 22 7 12 PAGE 5 17 7 11 -ix- ARTICLE I Recognition Formal recognition of the Union is acknowledged for purpose of meeting and conferring on wages, hours and other terms and conditions of employment and of general representation of its members. The Union has been recognized formally as the majority representative of Fire Fighters, Fire Prevention Inspectors, Engineers and Captains of the San Bernardino Fire Department. ARTICLE 2 Aqency 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. 10684, 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 City Council in accordance with State Laws, orders, regulations, official instructions or policies. In the cases of -1- 881207 sas A262.CJW (1) proposed changes, by other than agreement, the Union shall be consulted with prior to these changes. In cases of emergency, the Union and city will meet as soon as possible after the change. ARTICLE 3 Nondiscrimination The provisions of this Resolution shall be applied equally by the City and the Union, to all employees covered hereby without favor or discrimination because of race, sex, age, national origin, political or religious opinions or affiliations. ARTICLE 4 Manaqement Riqhts This Resolution shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers, and authority which the City had prior to entering into this Resolution, except to the extent that the provisions of the Resolution specifically curtails or limits such rights, Powers, and authority. Furthermore,the City retains all its exclusive rights and authority under City Charter, Ordinance, Resolutions, state and Federal Law, and expressly and exclusively -2- 881207 sas A262.CJW (1) retains its management rights, which include but are not limited to: the exclusive right to determine the mission of its constituent departments, commissions, and boards; set standards of selection for employment and promotions; direct its employees; establish and enforce dress and grooming standards, determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons subject to applicable civil Service Rules and procedures; maintain the efficiency of governmental operations; determine the methods, means, and numbers and kinds of personnel by which government operations are to be conducted; determine the conte~~ and intent of job classifications; determine methods of financing; determine style and/or types of City-issued wearing apparel, equipme~t or technology to be used; determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of work force and allocate and assign work by which the City operations are to be conducted provided, however, that no such measures as threaten the safety of employees shall be adopted; determine the change and the number of work locations, relocations, and types of operations; processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or sub-contract any work or operations of the city; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits, -3- 881207 sas A262.CJW (1) except such as are mandated by city Charter; or otherwise discipline employees in accordance with the applicable law; establish employee performance standards including, but not limited to, quality and quantity standards, and to carry out its mission in emergencies, and to exercise complete control and discretion over its organization and the technology of performing its work. ARTICLE 5 Employees' Riqhts Employees shall have all the rights which may be exercised in accordance with state Law, the Charter, and applicable ordinances, resolutions, rules and regulations. (a) The right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters or employer- employee relations. (b) The right to refuse to join or participate in the activities of employee organizations and the right to represent themselves individually in their employment relations with the City. -4- 881207 sas A262.CJW (1) (c) The right to be free from interference, intimidation, restraint, coercion, discrimination, or reprisal by other employees, employee organizations, management or supervisors, as a result of their exercise of rights indicated in (a) and (b) above. ARTICLE 6 Wages A. During the term of this Resolution, 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 -5- 881207 sas A262.CJW (1) 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 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 "BII, "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 "All step of the established base salary range except as otherwise provided in this Resolution. -6- 881207 sas A262.CJW (1) F. Any Local Safety member of the Fire Department temporarily acting in a position in a higher rank during period of absence of the incumbent or during a vacancy in the position for more than ten (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 7 Work Week 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 the 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. -7- 881207 sas A262.CJW (1) (a) Policy: It is the policy of the City to discourage overtime except when necessitated by abnormal or unanticipated workload situations. The city has the right to require overtime to be worked as necessary. Consistent with this policy the Fire Chief, Deputy Chief and Battalion Chiefs, will make every effort to assign overtime evenly among the employees with similar skills or assignments. (b) Definition: Overtime is defined as all hours worked in excess of the regularly scheduled work week. All overtime shall be reported in increments of fifteen (15) minutes and is non accumulative and nonpayable when incurred in units of less than fifteen (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. -8- 881207 sas A262.CJW (1) ARTICLE 9 Holidays All members within the bargaining unit shall be entitled to twelve (12) holidays per year or six (6) shifts per year. ARTICLE 10 Vacation All members within the bargaining unit shall be entitled to annual paid vacation as follows: Completed Years of Continuous Service Days/Shifts of Paid Vacation Rate of Accrual Per Month 1 10 days or 5 shifts 0.833 working days 10 15 days or 7 1/2 shifts 1.25 working days 20 20 days or 10 shifts 1.667 working days -9- 881207 sas A262.CJW (1) Members will be permitted to carryover all or a portion of vacation credit into the next succeeding year with the concurrence of the Fire Chief, provided that accrued vacation credit does not exceed vacation credit for two years at any time. Resolution No. 6433, Section Eleven shall remain in effect where applicable to the bargaining unit members. ARTICLE 11 sick Leave All members will be authorized to use earned sick leave after six (6) 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 (40) hours per week, or 1/2 shift per month or 5.538 hours per pay period for shift employees, 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. -10- ARTICLE 12 Workers Compensation Injury Members will have a choice of Doctor and Hospital on work related injury, in accordance with existing state Labor Code. ARTICLE 13 Deferred Compensation The City shall continue to sponsor a deferred compensation plan which shall be available to employees on a voluntary basis. ARTICLE 14 Retirement Plan The City shall continue to participate in an employees retirement plan for Public Safety Officers, by contract with the California Public Employees Retirement System, under the current "2% at age 50" formula. -11- 881207 sas A262.CJW (1) The City will contract with PERS to additionally provide the "highest 12 month" retirement formula. The City will pay 4% of the fire safety employees contribution to the state Retirement System, credited to the employees account as a fringe benefit. ARTICLE 15 Leave Provisions The provisions of City Resolution No. 6433, as amended, as of April 6, 1978, concerning sick leave, injury leave, vacation, holiday leave, leave of absence without pay and other leave, as they apply to Fire Safety personnel, shall remain in effect. Employees elected to the Union Board shall be granted time off to perform official Union functions, including attendance at conventions, conferences, and seminars, without loss of pay up to a maximum of 288 hours total time per calendar year in the aggregate for such employees. This time is cumulative up to a maximum of 576 hours. -12- 881207 sas A262.CJIl (1) ARTICLE 16 Health Related Insurance A. Effective January 1, 1989, the City shall contribute to employees with no dependents $80.80 per month and $147.36 per month to employees with one or more dependents for the purchase of lnsurance benefits offered by the city. 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 A, the City shall contribute a maximum of $16.00 per month per employee to be used exclusively for the purchase of medical insurance benefits. E. Employees may use any of the amounts described in Section A to purchase any or all of the insurance benefits described in Section B. -13- 881207 sas A262.CJY (1) F. Cafeteria monies may be redesignated or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee. G. The City shall provide each employee with $5,000 life insurance. H. An employee may not add another City employee as a dependent, or be added to another employee's City health plan as a dependent, in order to receive "double coverage". ARTICLE 17 Tradinq Time Subject to the authorization of the Fire Chief, Deputy Chief, or Battalion Chief, members in the bargaining unit should be allowed to trade time with other employees of equal ability on the following basis: 1. Trading time shall be with persons of equal ability and be agreeable with both parties and shall be requested in a memc signed by both employees. -14- 881207 sas A262.CJW (1) 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 certification to a higher rank. ARTICLE 18 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 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 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, demands, suits, orders, judgments or -15- 881207 sas A262.CJW (1) other forms of liability that may arise out of or by reason of action taken by the City under this Article. ARTICLE 19 Pay for Paramedic Assignment Pay for paramedic duty shall be paid at a flat rate of approximately $200.00 per month - specifically $92.30 per pay period to personnel certified as "active" by the Fire Chief. Only those individuals approved by the Fire Chief shall receive additional compensation as noted above. No pay for 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 20 Re-emoloyment 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. -16- 881207 sas A262.CJW (1) ARTICLE 21 Probationary Period The probationary period for positions in this unit shall be twelve (12) months from the date of hire. ARTICLE 22 Work Uniforms The City will furnish, and replace as needed, four (4) work shirts and three (3) pairs of work trousers to each member. ARTICLE 23 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 -17- 881207 sas A262.CJW (1) Department may use seniority in vacation scheduling, shift assignments and transfers within classifications. ARTICLE 24 Related Work Standards During the term of this Resolution the City and the Fire Fighters Union agree to meet and confer on related work standards as used in jOb descriptions in an effort to establish reasonable guidelines for employees in that Unit. ARTICLE 25 Books and Tuition Allowance The City will continue, under its formalized procedures, to pay tui- tion costs for Fire members who complete with a satisfactory grade of "B" or better prior-approved, job related courses of instruction, which will increase their value to the City. Reimbursement for books required for the approved course or courses may be authorized, provided such books are tendered to the City at the time reimbursement for tuition is requested. -18- 881207 sas A262.CJIo/ (1) ARTICLE 26 Safety Committee The City Incident Review Board meets at least monthly, to review vehicular accidents/incidents which, after initial assessment by the Risk 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 ac- cident/incident in which Fire personnel are involved. The Chairman of the Review Board will inform the Fire Union, of the date and time of Board meetings which will review such incidents, at least forty-eight (48) hours in advance. ARTICLE 27 Payment of Unused sick Leave After completion of five (5) years of continuous full time employment with the City, every member shall, upon retirement or death, receive compensation for fifty percent (50%) of accumulated, unused sick leave, not to exceed 480 hours. Such payment shall be made to the beneficiary of any Fire Fighter who dies during employment with the -19- 881207 sas A262.CJW (1) City after five years of continuous full time employment with the City. ARTICLE 28 Educational/Longevitv 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 defined by the California State Department of Education Fire Science Curriculum or other job related courses as defined by the Fire Chief. ARTICLE 29 Court Fines The City shall pay for court fines imposed upon each member as a re- sult of his conviction of a traffic violation when such member was directed to operate any faulty vehicle or vehicular equipment which was the proximate cause of the mechanical or other traffic violation, -20- 881207 sas A262.CJW (1) provided that such violation did not result from improper or negligent operation of the vehicle on the part of the member. ARTICLE 30 On Call. Call-Back. Standby Any employee in "on-call" status will receive four (4) hours pay for all or any portion of a twenty-four (24) hour day. If "called-back" any time within the first four (4) hours of "on-call", the time worket will be deducted from the four (4) hours "on-call". If the "call-back" occurs after four (4) hours expire, "call-back" time will be clocked from the time the employee receives the call to report. Compensation for that time is in addition to the "on-call" status. In the event an employee is placed on "standby" for court subpoena, the employee will receive three (3) hours "standby" pay. If the employee is called to court and does not go beyond 1200 hours in that dat, 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 () 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 -21- 881207 sas A262.CJ\I (1) 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 31 Physical Fitness The city shall pay medical fees for the physical examination of any fire safety member when such examination is required and directed by the city. ARTICLE 32 Replacing/Repairing Personal Property The City shall continue to provide for the cost of replacing or re- pairing personal property, of an employee, which is lost or damaged in the performance of duty, as provided in Administrative Directives. -22- 881207 sas A262.CJW (1) ARTICLE 33 Safety Equipment All employees who are required by state law to have safety equipment, will be furnished the required safety equipment. ARTICLE 34 Personnel Files No member shall have any comment adverse to his interest entered in his personnel file, or any other file used for any personnel purposes by his employer, without the member having first read and signed the instrument containing the adverse comment indicating he is aware of such comment, except that such entry may be made if after reading such instrument the member refuses to sign it. Should a member refuse to sign, that fact shall be noted on the document, and signed or ini- tialed by such member. A member shall have thirty (30) days within which to file a written response to any adverse comment entered in his personnel file. Such written response shall be attached to, and shall accompany, the adverse comment. -23- 881207 sas A262.CJW (1) ARTICLE 35 Political Activity Except as otherwise provided by law, or whenever on duty or in uni- form, no member shall be prohibited from engaging, or be coerced or required to engage, in political activity. ARTICLE 36 Investigation Riqhts When any member is under investigation and subjected to interrogation by the Fire Chief, or any other member of the Fire Department, which could lead to punitive action, such 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. (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 interrogation does occur during off-duty time of the member -24- 881207 sas A262.CJW (1) being interrogated, the member shall be compensated for sucl off-duty time in accordance with regular department procedures, and the member shall not be released from employment for any work missed unless the seriousness of thE investigation requires otherwise. (b) The member under investigation shall be informed prior to such interrogation of the rank, name and command of the official in charge of the interrogation, the interrogating official, and all other persons to be present during the interrogation. All questions directed to the member under interrogation shall be asked by and through no more than twc 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 -25- 881207 sas A262.CJW (1) submit 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 new media without his express consent nor shall his home addres or photograph be given to the press or news media without his express consent. (f) The complete interrogation of a member may be recorded. If a tape recording is made of the interrogation, the member shall have access to the tape if any further proceedings ar, contemplated or prior to any further interrogation at a subsequent time. The member shall be entitled to a transcribed copy of any notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notes or reports which are deemed to be confidential may be entered in the member's personnel file. The member being interrogated shall have the right to bring his own recording device and record any and all aspects of the interrogation. -26- 881207 sas A262.CJW (1) 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 their locker, or other space for storage that may be assigned to them searched except in their presence, or with his/her consent, or unless a valid search warrant has been obtained or where the member has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the employing agency. ARTICLE 39 Use of City Resources The Union may be granted permission to use Department facilities for the purpose of meeting with employees to conduct its internal affairs provided space for such meetings can be made available without inter- fering with City needs. Permission to use facilities must be obtained by the Union from the Chief or designated representative. The Union -29- 881207 sas A262.CJW (1) shall be held fully responsible for any damages and for the security of any facility that is used by the Union. The Department will furnish adequate bulletin board space where cur- rently available. Only areas designated by the appointing authority may be used for posting notices. Bulletin boards may be used for the following notices: A. Scheduled Union meetings, agenda and minutes. B. Information on Union Elections and the results. C. Information regarding Union special, recreational and related bulletins. D. Reports of official business of Union including 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. Posted notices shall not be obscene, or defamatory, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized repre- sentative of the Union and should have the prior written approval of the Chief or his authorized representative. -30- 881207 sas A262.CJW (1) ARTICLE 40 Employee Representatives When requested by a member of the unit, a job representative may in- vestigate any alleged grievance in the Department, and assist in its presentation. The representatives shall be allowed reasonable time therefore, during working hours without loss of time or pay, upon notification and approval of their immediate supervisor with the con- currence of the appropriate Division or Fire Chief. The privilege of a Job Representative to leave their work during work hours without loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Representatives will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Representative will not be granted time-off, or compensation, for the purpose of handling grievances outside this unit. The Union shall notify the City of the names of each Job Representative. Anyone not on the list will not be recognized. A ratio of one Job Representative for every sixty (60) permanent employees in the unit, but not less than four (4) shall be recognized by the City. -31- 881207 sas A262.CJW (1) ARTICLE 41 Grievance Procedure PURPOSE: The City of San Bernardino and the Union realize the impor- tance of a viable Grievance Procedure to aid in the Resolution of disputes among employees, supervisors, and management. It is recog- nized that, to maintain high employee morale and harmonious relations, an orderly method of processing a grievance is necessary. This procedure is intended to establish a systematic means to process a grievance and to obtain fair and proper answers and decisions re- garding employee complaints. The representatives of employees and management at all levels will make continuing efforts to secure prompt disposition of grievances. Every effort should be made to resolve grievances in the informal process. The initiation of a grievance in good faith by an employee shall not cast any adverse reflection on his standing with his supervisor or his loyalty as a City employee, nor be a reflection on the employee's supervisor or the department involved unless it is determined that such department or supervisor has grossly abused management discretion or the employee has grossly abused the grievance process. DEFINITION OF A GRIEVANCE: A grievance is an alleged violation of the terms of this Resolution. Appeals arising out of civil Service -32- 881207 sas A262.CJW (1) examination shall be submitted directly to the civil Service Board. Allegations of discrimination shall be submitted to the Affirmative Action Officer. Once one of the above processes has begun, it shall be the exclusive for the Union. REPRESENTATION: The aggrieved employee shall have the right to be represented. This representation may commence at any step in the Grievance Procedure. Legal Counsel and/or official representatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one (1) representative for any employee at anyone time, unless he/she so desires. If the employee's Legal Counsel is not from the formally recognized employee organization, a representative of that formally recognized organization may attend the grievance hearing to insure that the solution reached does not violate the terms of this Resolution. CONSOLIDATION OF GRIEVANCES: In order to avoid the necessity of processing numerous similar grievances at one time, a single "class" grievance may be filed. TIME LIMITATIONS: Are established to settle a grievance quickly. Time limits may be modified by agreement of the parties. If at any state of this Grievance Procedure the grievant is dissatisfied with the decision rendered, it shall be the grievant's responsibility to initiate the action which submits the grievance to the next level of -33- 881207 sas A262.CJIoI (1) review. The grievant may proceed to the next step if a reviewing official does not respond within the time limits specified. A formal grievance may be entertained in or advanced to any step if the parties jointly so agree. STEPS IN THE GRIEVANCE PROCEDURE: The procedures outlined herein constitute the informal and formal steps necessary to resolve an em- ployees' grievance. An attempt to settle a grievance in the informal structure at the employee-supervisor level is required. The grievancE must be submitted to the Informal Step within ten (10) working days after the employee is aware of the conditions precipitating the griev- ance. 1) Informal: Initially, the grieving employee shall, on a personal face-to-face basis, discuss his complaint with the immediate su- pervisor informally. within five (5) working days, the supervisor shall give the decision to the employee orally. 2) Formal: Step 1 - Written Grievance to Supervisor (A) If a mutually acceptable solution has not been reached in the informal process, the employee shall submit their grievance in writing to the immediate supervisor. This must be accomplished within ten (10) working days of being -34- 881207 sas A262.CJW (1) 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 thoroughly discuss the grievance. The employee may appear personally, and may be represented by a repre- sentative of his/her choice. In any event, the supervisor shall give a written decision to the employee within five (5) working days after receipt of the written procedure. step 2 - Meet with Division Head (B) If the grievance has not been satisfactorily resolved at this level, it may be appealed within five (5) working days to the Division Head who may follow the steps outlined in step 1 above. In any event, the Division's Head shall give a written decision to the employee within five (5) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within five (5) working days to the Fire Chief. step 3 - Meet with Fire Chief (C) If the grievance has not been satisfactorily resolved at this level, it may be appealed within five (5) working days to the Chief who may follow the steps outlined in step 2 -35- 881207 sas A262.CJW (1) above. In any event, the Chief shall give a written decision to the employee within five (5) working days after receipt of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be appealed within five (5) working days to the Personnel Director. step 4 - Review by the Personnel Director (D) within five (5) working days after receiving the appeal, thE Personnel Director shall review the matter and give a decision. If the grievance has not been satisfactorily resolved by the Personnel Director, appeal may be made within five (5) working days to the next step. step 5 - Final step (E) a. If the grievance has not been satisfactorily resolved, the employee may appeal to the City Administrator. Such appeal must be made within five (5) working days, in writing, accompanied by the report of the Personnel Director. b. The City Administrator will be advised of the general nature of the case and will set a time, date and place for hearing the grievance within thirty (30) calendar days. -36- 881207 sas A262.CJ~ (1) The grievant and the Department will be notified of the date, time and place of the hearing. c. Pre-hearing conferences will be held as necessary. Witnesses or documentary evidence will be provided by each of the parties prior to the hearing. d. The decision of the City Administrator will be in writing and transmitted to the parties within seven (7) working days after the close of the hearing. The City Administrator's decision is final and binding on all parties, unless reversed by court decision. e. All grievances shall be treated as confidential and no publicity will be given until the final Resolution of the grievance. ARTICLE 42 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 -37- 881207 sas A262.CJW (1) 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-Manaqement 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 sched- uled matters. Normally such meetings shall be during regular working hours. ARTICLE 44 Severability If any provision of this Resolution is held by the proper legislative or judicial authority to be unlawful, unenforceable, unconstitutional, -38- 881207 sas A262.CJ~ (1) or not in accordance with applicable statues or not applicable to Charter Cities, all other provisions of the Resolution shall remain ir full force and effect for the duration of this Resolution. If there is any conflict between the provisions of this Resolution and the provisions of federal, state or local government regulations, the provisions of the federal, state or local government regulations shall be controlling. Upon the issuance of a decision declaring any Article, section or portion of this Resolution to be unlawful, unenforceable, unconstitutional or not applicable to Charter Cities, the parties agree to meet and confer immediately concerning only thOSE Articles, sections or portions. ARTICLE 45 Notice of Intent to Reopen The parties agree that, if either party desires to propose changes in the terms or conditions of this Resolution for the period following expiration of this Resolution, the City and Union will strive to meet sixty (60) days prior to the expiration of the Resolution and discuss their intent to negotiate. Such notice shall request a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party. -39- 881207 sas A262.CJW (1) t ARTICLE 46 Term This Resolution shall be effective from December 1, 1988 through November 30, 1989. If negotiations regarding a Memorandum of Understanding are in progress on November 30, 1989, this Resolution shall remain in effect until a successor Memorandum of Understanding or successor Resolution is adopted by the city. ARTICLE 47 prevailinq Benefits All benefits, privileges, and working conditions authorized for the members at the present time, which are not included in this Resolution, shall remain in full force during the term of this Resolution unless changed by mutual consent. -40- 881207 sas A262. CJIJ (1)