HomeMy WebLinkAbout1981-109 I RESOLUTION NO. GPI'- IrZ
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE INTERNATIONAL ASSO-
3 CIATION OF FIRE FIGHTERS, LOCAL 891 , AFL-CIO EFFECTIVE JANUARY 1 , 1981 , AND
ENDING DECEMBER 31 , 1981 ; AND REPEALING RESOLUTION NO. 80-353.
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WHEREAS, the City's representatives have met and conferred with the
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representatives of the International Association of Fire Fighters, in ac-
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cordance with the provisions of the Meyers, Milias and Brown Act of the
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State of California; and
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WHEREAS, the City's representatives and the Union' s representatives
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have reached a Memorandum of Understanding for the period commencing on the
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first day of January, 1981 , and ending the last day of December, 1981 ; and
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WHEREAS, said Memorandum of Understanding has been reduced to writing
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and a copy thereof is attached hereto, marked Exhibit "A" and incorporated
13 herein by reference as though fully set forth at length.
14 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
15 CITY OF SAN BERNARDINO AS FOLLOWS:
16 1 . The Memorandum of Understanding between the City of San Bernardino
17 and the International Association of Fire Fighters, Local 891 , dated
18 February 27 , 1981 , for the Bargaining Unit of Firefighters through Cap-
19 tains for the period commencing on the first day of January 1981 , and ending
20 the last day of December, 1981 , a copy of which is attached hereto and in-
21 corporated herein, is hereby approved.
22 2. Resolution No. 80-353, dated August 20, 1980, is hereby repealed.
23 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
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24 the Mayor and Common Council of the City of San Bernardino at a ,
meeting thereof, held on the day of
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26 1981 , y the following vote, to wit:
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I AYES: Councilmen o ,
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3 NAYS:
4 ABSENT:
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City Clerk
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The foregoing resolution is hereby approved this %Z day of
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T� 1981 .
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11 Mayor o C�SMIFBernardino
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13 I Approved as to form:
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15 C' y Attorney
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TABLE OF CONTENTS
I ADOPTING RESOLUTION
II PREAMBLE AND TERM OF MEMORANDUM OF UNDERSTANDING
III DEFINITION OF TERMS
ARTICLE TITLE PAGE
1 Recognition 1
2 Agency Personnel Rules 1
3 Nondiscrimination 1
4 Management Rights 1
5 Employees' Rights 2
6 Wages 2
7 Salary Rates and Step Advancements 3
8 Assignment to Higher Position 3
9 Work Week 3
10 Overtime 4
11 Holidays 4
12 Vacation 4
13 Sick Leave 5
14 Workmen Compensation Injury 5
15 Deferred Compensation 5
16 Retirement Plan 5
17 Leave Provisions 5
18 Re-employment 6
19 Probationary Periods 6
20 Work Uniforms 6
21 Seniority 6
22 Related Work 6
23 Books and Tuition Allowance 7
24 Safety Committee 7
25 Payment of Unused Sick Leave 7
26 Educational/Longevity Pay 7
27 Court Fines 8
28 On Call , Call-Back, Standby 8
29 Health-Life Insurance 8
30 Dental Plan 9
31 Physical Fitness 9
32 Replacing/Repairing Personal Property 10
33 Trading Time 10
34 Safety Equipment 10
35 Personnel Files 10
36 Political Activity 11
37 Investigation Rights 11
33 Financial Disclosure 13
39 Locker Search 13
40 Use of City Resources 13
eX Wl't '� '/
TABLE OF CONTENTS
ARTICLE TITLE PAGE
41 Use of Bulletin Boards 14
42 Payroll Deductions 14
43 Employee Representatives 15
44 Grievance Procedure 15
45 Polygraph Examination 18
46 Labor-Management Committee 19
47 Prevailing Benefits 19
48 Waiver Clause 19
49 Severability 19
MEMORANDUM OF UNDERSTANDING
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BETWEEN
THE CITY OF SAN BERNARDINO
AND
THE FIREFIGHTERS UNION, LOCAL 891
This Memorandum of Understanding on viages, hours and working conditions
is between the designated representatives of the Mayor and Common Council
of the City of San Bernardino (hereinafter known as the City) and repre-
sentatives of the Firefighters Union, Local 891 (hereinafter known as the
Union), representing the unit of firefighters of the City of San Bernardino.
The City representatives and the Union recommend to the Mayor and the
Common Council that the terms and conditions of this Memorandum shall
commence on the first day of January, 1981 and continue until the last day of
December, 1981 . To the extent that implementation of these recommendations
requires action by the City Council , this Memorandum will serve as a re-
quest to this body that they be so implemented.
It is the purpose of this Memorandum for the parties hereto to confirm and
maintain the spirit of cooperation which has existed between the City of
San Bernardino and the employees of the City. The Union and the City will
strive to promote a harmonious relationship between the parties to this
Memorandum that will result in benefits to the City and will provide con-
tinuous and uninterrupted employee services.
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DEFINITION OF TERMS
Administration: Shall include any elected or appointed official of
the City and any employee of the City whose job
classification is a Management or Confidential em-
ployee.
Appointing
Authority: Chief Engineer, Deputy Chief Engineer or Assistant
Chief Engineer of the San Bernardino Fire Department.
Union: San Bernardino Fire Fighters Union, Local 891 .
City: Shall mean the City of San Bernardino.
Department: San Bernardino City Fire Department.
Division: "Division" shall refer to any one of the major Di-
visions of the Department.
Employee/Public
Safety Officer: The term "employee" shall include all Safety personnel
within the Fire Department bargaining unit.
Employee
Organization: San Bernardino Fire Fighters Union, Local 891 .
Employer: Shall include the City of San Bernardino, the Fire
Department, or any Management or Administrative rep-
resentative or Elected official thereof.
Gender: The masculine gender also includes the feminine.
Mandatory and
Permissive: "Shall" is mandatory, "May" is permissive.
Member: Shall include Fire Safety Personnel as defined by
Section #20021 of the Government Code in the class-
ification of: Firefighter, Fire Inspector, Engineer,
Captain, Assistant Fire Prevention Engineer, and any
additional classification within, as may be established
by the Mayor and Common Council .
Tense: The present tense shall also include the past and
future.
Shift: Means a twenty-four (24) hour duty for the Fire
Department except for the positions of Chief Engineer,
Deputy Chief Engineer or Assistant Chief Engineer,
local safety members working in the Fire Prevention
Bureau, and such members as may hereafter be granted
a forty (40) hour average work week.
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One twenty-four (24) hour shift is equivalent to
two eight (8) hour working days.
Classifications: Firefighter, Fire Inspector, Engineer, Captain,
Assistant Fire Prevention Engineer. Additional
titles may be established by the Mayor and Common
Council , but titles for local safety members of
the Fire Department shall be placed in the class-
ification having the most nearly equal duties and
responsibilities.
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 Firefighters, Fire Prevention
Inspectors, Engineers and Captains of the San Bernardino Fire Department.
ARTICLE 2
Agency Personnel Rules
It is understood and agreed that there exists within the City in written or
unwritten form, certain personnel rules, policies, practices and benefits;
Resolution No. 10584, Establishing Uniform and Orderly Methods of Communica-
tions Between the City and its Employees for the Purpose of Promoting Im-
proved Employer-Employee Relations, as amended, and Resolution No. 10585,
Adopting Rules and Regulations Relating to Employer-Employee Relations, as
amended, which documents will continue in effect, except for those provisions
modified by the City Council in accordance with State Laws, orders, regula-
tions, official instructions or policies. In the cases of proposed changes,
by other than agreement, the Union shall be consulted with prior to these
changes. In cases of emergency, the Union and City will meet as soon as
possible after the change.
ARTICLE 3
Nondiscrimination
The provisions of this agreement shall be applied equally by the City and
the Union, to all employees covered hereby without favor or discrimination
because of race, sex, age, national origin, political or religious opinions
or affiliations.
ARTICLE 4
Management Rights
There are no provisions in the Memorandum of Understanding that shall be
deemed to limit or curtail the City in any way in the exercise of the
rights, powers, and authority which the City had prior to entering into
this understanding unless and only to the extent that the provisions of
this Memorandum of Understanding specifically curtails or limits such
rights, powers and authority.
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ARTICLE 5
Employees' Rights
Employees shall have all the rights which may be exercised in accordance with
State Law, the Charter, and applicable ordinances, resolutions, rules and reg-
ulations.
A. The right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose
of representation on all matters of employer-employee relations.
B. The right to refuse to join or participate in the activities
of employee organizations and the right to represent themselves
individually in their employment relations with the City.
C. The right to be free from interference, intimidation, restraint,
coercion, discrimination, or reprisal by other employees, 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 Memorandum of Understanding, the monthly
salaries of Local Safety members of the San Bernardino Fire De-
partment included in classifications Firefighters, Fire Inspector,
Engineer, Assistant Fire Prevention Engineer, Captain, and addi-
tional classifications within as may be established by the Mayor
and Common Council , shall be fixed annually on August 1 of each
year at the amount equal to the arithmetic average of the monthly
salaries, paid or approved for payment to Local Safety members of
like or most nearly comparable positions of the fire departments
of ten cities of California with populations of between 100,000
and 250,000 as shown in the latest Annual Report of Financial
Transactions of California Cities published by the State Controller.
B. The ten cities used for fixing the monthly salaries shall be those
ten cities remaining from an original and complete list of all
California cities in the 100,000 to 250,000 population range based
on the latest Annual Report of Financial Transactions of California
Cities, published by the State Controller after representatives of
the City and the appropriate recognized 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.
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ARTICLE 6
Wages. . . .Continued
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 arith-
metic average of the next highest and next lowest comparable posi-
tion 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 Steps "B", "C"
and "D" shall be fixed at amounts which will cause the Local Safety
members in the San Bernardino City Fire Department to advance from
the starting steps to the maximum pay steps in approximately equal
salary advances.
ARTICLE 7
Salary Rates and Step Advancements
New employees shall be hired at the "A" step of the established base salary
range except as otherwise provided in this agreement.
ARTICLE 8
Assignment to Higher Position
Any Local Safety member of the Fire Department temporarily acting in a posi-
tion in a higher rank during periods of absence of the incumbent or during a
vacancy in the position for more than ten (10) consecutive working days or
five (5) consecutive shifts, shall receive the same salary for the higher
rank to which he would be entitled, were he promoted to that rank during the
period in which the employee is acting in the higher rank. The Chief Engineer
shall certify as to the assignment and the period of time worked in the higher
rank to validate entitlement to the higher salary.
ARTICLE 9
Work Week
The average work week for "shift" personnel shall be 56 hours.
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ARTICLE 10
Overtime
Overtime worked in the excess of the above average work week shall be paid
at the rate of straight time. With the concurrence of the Chief Engineer,
the Firefighters covered by this Memorandum may opt to receive compensatory
time, at the rate of one hour for each overtime hour worked.
A. Policy: It is the policy of the City to discourage overtime
except when necessitated by abnormal or unanticipated work-
load situations. The City has the right to require overtime
to be worked as necessary. Consistent with this policy the
Chief Engineer, Assistant Chief Engineer and Battalion Chiefs,
will make every effort to assign overtime evenly among the
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 nonaccumu-
lative 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.
ARTICLE 11
Holidays
All members within the bargaining unit shall be entitled to eleven (11 )
holidays per year or five and one-half (5 1/2) shifts per year.
ARTICLE 12
Vacation
All members within the bargaining unit shall be entitled to annual paid va-
cation as follows:
Completed Years of Days/Shifts of Paid Rate of Accrual
Continuous Service Vacation 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
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ARTICLE 12
Vacation. . . .Continued
Members will be permitted to carry over all or a portion of vacation credit
into the next succeeding year with the concurrence of the Chief Engineer,
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 13
Sick Leave
All members will be authorized to use earned sick leave after six (6) months
of continuous employment with the City. Sick leave will accrue at the rate
of one day per month or at approximately 3.7 hours per pay period, not to
exceed twelve (12) days per year or six (6) shifts per year, with no limit
as to the number of days/shifts that may accrue. For purposes of usage, two
(2) sick days shall equal one (1 ) shift. Resolution No. 6433, Section Five
shall remain in effect where applicable to the bargaining unit members.
ARTICLE 14
Workmen Compensation Injury
Members will have a choice of Doctor and Hospital on work related injury,
in accordance with existing State Labor Code.
ARTICLE 15
Deferred Compensation
The City shall continue to sponsor a Deferred Compensation Plan which shall
be available to employees on a voluntary basis.
ARTICLE 16
Retirement Plan
The City shall continue to participate in an employees retirement plan for
Public Safety Officers, by contract with the California Public Employees
Retirement System, under the current 2% at age 50 formula.
ARTICLE 17
Leave Provisions
The provisions of City Resolution No. 6433, as amended, as of April 6, 1978
concerning sick leave, injury leave, vacations, holiday leave, leave of
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ARTICLE 17
Leave Provisions. . . .Continued
absence without pay and other leave, as they apply to Fire Safety personnel,
shall remain in effect. Resolution No. 6433 is attached to this Memorandum
of Understanding for reference.
ARTICLE 18
Re-employment
A member who has terminated City employment, and who is subsequently rehired in
the same classification in a regular position within a ninety (90) day period,
may receive restoration of salary step. Seniority shall begin anew as of the
rehire date. All other authorized benefits shall accrue as of the date of
rehire.
ARTICLE 19
Probationary Periods
The probationary period for positions in this unit shall be twelve (12)
months from the date of hire.
ARTICLE 20
Work Uniforms
Upon approval of this Memorandum, the City will furnish, and replace as
needed, four (4) work shirts and three (3) pairs of work trousers to each
member.
ARTICLE 21
Seniority
Seniority is herein defined to be an employee's length of service, with no
break in service, within the Fire Department and/or classification in which
the employee is presently assigned. The Department may consider seniority
in vacation scheduling, shift assignments and transfers within classification.
ARTICLE 22
Related Work
During the term of the MOU the City and the Firefighters Union agree to meet
and confer on related work standards as used in job description in an effort
to establish reasonable guidelines for employees in that Unit.
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ARTICLE 23
Books and Tuition Allowance
The City will continue, under its formalized procedures, to pay tuition costs
for Fire members who complete with a satisfactory grade of "B" or better prior-
approved, job related courses of instruction, which will increase their value
to the City. Reimbursement for books required for the approved course or
courses may be authorized, provided such books are tendered to the City at the
time reimbursement for tuition is requested.
ARTICLE 24
Safety Committee
The City Incident Review Board meets at least monthly, to review vehicular
accidents/incidents which, after initial assessment by the Risk Management
Division, may have been preventable.
The Firefighters 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 Fire Union, of the date and time of Board meetings
which will review such incidents, at least forty-eight (48) hours in ad-
vance.
ARTICLE 25
Payment of Unused Sick Leave
After the completion of five (5) years of continuous full time employment
with the City, every member shall , upon retirement or death, receive com-
pensation for fifty percent (50%) of accumulated, unused sick leave, not
to exceed 480 hours. Such payment shall be made to the beneficiary of any
Firefighter who dies during employment with the City after five years of
.continuous full time employment with the City.
ARTICLE 26
Educational/Longevity Pay
The City will pay $75.00 per month Educational/Longevity pay above base
rate to each member who has had a minimum of ten (10) years of continuous
full time employment with the City and has presented adequate proof that
he has earned 20 semester units or 30 quarter units of Fire Science courses,
as defined by the California State Department of Education Fire Science
Curriculum or other job related courses as defined by the Chief Engineer.
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ARTICLE 27
Court Fines
The City shall pay for court fines imposed upon each member as a result of
his conviction of a traffic violation when such member was directed to op-
erate any faulty vehicle or vehicular equipment which was the proximate
cause of the mechanical or other traffic violation, provided that such vio-
lation did not result from improper or negligent operation of the vehicle
on the part of the member.
ARTICLE 28
On Call , Call-Back, Standby
Any employee in "on-call" status will receive four (4) hours pay for all or
any portion of a twenty-four (2.4) hour day. If "called-back" any time with-
in the first four (4) hours of "on-call ", the time worked will be deducted
from the four (4) hours "on-call". If the "call-back" occurs after four (4)
hours expire, "call-back" time will be clocked from the time the employee re-
ceives 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 day, it will be considered part of
the three (3) hours "standby". If the employee has to appear after the noon
recess, any additional time will be added to the three (3) hours "standby",
plus one-half (1/2) hour travel time. In cases where the subpoena is for 1330
hours, or another time, the "standby" will start with time stated on the sub-
poena. In those cases where the subpoena is for 1330 or later, the employee's
time will be computed at the amount of time between the time of subpoena and
1700, plus thirty (30) minutes travel time. In the event the employee is re-
quired to pay parking fees, the employee will be reimbursed. If the employee
is required to stay through noon recess, he will be paid for the actual time
spent. All "standby", "on-call" and "call-back" pay will be at the regular
straight rate.
ARTICLE 29
Health-Life Insurance
Effective January 1 , 1981 , the City agrees to make available "Major Medical
Coverage" for the employees in the bargaining unit but with the following
clarification: The City offers an employee the choice of one of two plans
-- Blue Cross or Kaiser. The City's self-insured Blue Cross Plan is the
Basic Plan and the Kaiser Plan is the Alternate Plan.
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ARTICLE 29
Health-Life Insurance. . . .Continued
A. Basic Plan. The City agrees to pay the full monthly premium rate for
either the Employee Only ($32.16) or the Employee and One Eligible De-
pendent ($74.84), depending on the individual circumstance. In the
event the premium rates for said coverages are increased during the
period of this Memorandum of Understanding, or the payment by the City
is increased following the General Employees' negotiations for fiscal
year 1981-82, this bargaining unit will receive an automatic adjust-
ment accordingly.
B. Alternate Plan. The City agrees to pay $32.16 per month toward Employee
Only or $74.84 per month toward Employee and One Eligible Dependent, de-
pending on the individual circumstance. If the City's monthly contribu-
tion is increased by changes to the Basic Plan, then the amount paid for
by the City to the Alternate Plan will be changed accordingly.
An employee within the bargaining unit may not add another City employee as a
dependent, or be added as a dependent to another employee's City-sponsored
health plan, in order to receive "double coverage". An employee who does not
choose to be covered under one of the City-sponsored health insurance plans
may not utilize these funds for any other purpose.
In addition to the group health insurance coverage, the City, upon approval by
the Mayor and Common Council , shall provide for each employee within the bar-
gaining unit, three thousand dollars ($3,000.00) life insurance coverage at
no cost to the employee.
ARTICLE 30
Dental Plan
Effective January 1 , 1981 , the City agrees to contribute three dollars and
fifty cents ($3.50) per month toward an Employee Only participation in the
City's sponsored dental plan, provided the employee was enrolled as of
January 1 , 1981 . Otherwise, an employee will not receive the benefit earlier
than April 1 , 1981 , or a date thereafter, whichever is later. If the City's
contribution is increased following the General Employees' negotiations for
fiscal year 1981-82, the bargaining unit employees will receive an automatic
increase accordingly.
ARTICLE 31
Physical Fitness
The City shall pay medical fees for the physical examination of any Fire
member when such examination is required and directed by the City.
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ARTICLE 32
Replacing/Repairing Personal Property
The City shall continue to provide for the cost of replacing or repairing
personal property, of an employee, which is lost or damaged in the performance
of duty, as provided in STP No. 14, dated July 23, 1976.
ARTICLE 33
Trading Time
Subject to the authorization of the Chief Engineer, Assistant Chief Engineer,
Battalion Chief, or Captain, members in the unit should be allowed to trade
time with other employees of equal ability on the following basis:
1 . Trading time shall be with persons of equal ability and
be agreeable with both parties and shall be requested
in a memo signed by both employees.
2. Since this is done for the convenience of the employee,
in no case shall a trade arrangement or repayment of trad-
ing time be considered in computation of overtime or
certification to a higher rank.
ARTICLE 34
Safety Equipment
All employees who are required by state law to have safety equipment, will
be furnished the required safety equipment.
ARTICLE 35
Personnel Files
No member shall have any comment adverse to his interest entered in his
personnel file, or any other file used for any personnel purposes by his
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 initialed by such member.
A member shall have thirty (30) days within which to file a written re-
sponse to any adverse comment entered in his personnel file. Such written
response shall be attached to, and shall accompany, the adverse comment.
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ARTICLE 36
Political Activity
Except as otherwise provided by law, or whenever on duty or in uniform, no
member shall be prohibited from engaging, or be coerced or required to en-
gage, in political activity.
ARTICLE 37
Investigation Rights
When any member is under investigation and subjected to interrogation by the
Chief Engineer, 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, unless the serious-
ness of the investigation requires otherwise. If such in-
terrogation does occur during off-duty time of the member
being interrogated, the member shall be compensated for such
off-duty time in accordance with regular department procedures,
and the member shall not be released from employment for any
work missed.
(b) The member under investigation shall be informed prior to such
interrogation of the rank, name and command of the official in
charge of the interrogation, the interrogating official , and
all other persons to be present during the interrogation. All
questions directed to the member under interrogation shall be
asked by and through no more than two interrogators at one time.
(c) The member under investigation shall be informed of the nature
of the investigation prior to the interrogation.
(d) The interrogating session shall be for a reasonable period
taking into consideration gravity and complexity of the issue
being investigated. The person under interrogation shall be
allowed to attend to his own personal physical necessities.
(e) The member under interrogation shall not be subjected to offen-
sive language or threatened with punitive action, except that
a member refusing to respond to questions or submit to interroga-
tions shall be informed that failure to answer questions direct-
ly related to the investigation or interrogation may result in
punitive action. No promise of reward shall be made as an induce-
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ARTICLE 37
Investigation Rights. . . .Continued
ment to answering any question. The employer shall not cause
the member under interrogation to be subjected to visits by
the press or news media without his express consent nor shall
his home address or photograph be given to the press or news
media without his express consent.
(f) The complete interrogation of a member may be recorded. If
a tape recording is made of the interrogation, the member
shall have access to the tape if any further proceedings are
contemplated or prior to any further interrogation at a subse-
quent time. The member shall be entitled to a transcribed copy
of any notes made by a stenographer or to any reports or com-
plaints 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 inter-
rogated shall have the right to bring his own recording device
and record any and all aspects of the interrogation.
(g) If prior to or during the interrogation of a member it is deemed
that he may be charged with a criminal offense, he shall be
immediately informed of his constitutional rights.
(h) Upon the filing of a formal written statement of charges, or
whenever an interrogation focuses on matters which are likely
to result in punitive action against any member, that member,
at his request, shall have the right to be represented by a
representative of his choice who may be present at all times
during such interrogation. The 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 in-
formal 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 exercise of rights; insubordination; administrative appeal
(a) No member shall be subjected to punitive action, or denied
promotion, or be threatened with any such treatment, because
of the lawful exercise of the rights granted under this Article,
or the exercise of any rights under any existing administrative
grievance procedure.
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ARTICLE 37
Investigation Rights. . . .Continued
Nothing in this Article shall preclude a head of an agency from
ordering a member to 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 insubordina-
tion.
(b) No punitive action, nor denial of promotion on grounds other
than merit, shall be undertaken by any public agency without
providing the member with an opportunity for administrative
appeal .
ARTICLE 38
Financial Disclosure
No member shall be required or requested for purposes of job assignment or
other personnel action to disclose any item of his property, income, assets,
source of income, debts, or personal or domestic expenditures (including those of
any member of his family or househould) unless such information is obtained
or required under a state law or proper legal procedure, tends to indicate
a conflict of interest with respect to the performance of his official duties,
or 'is necessary for the employing agency to ascertain the desirability of
assigning the member to a specialized unit in which there is a strong possi-
bility that bribes or other improper inducements may be offered.
ARTICLE 39
Locker Search
No member shall have his locker, or other space for storage that may be as-
signed to him searched except in his presence, or with his consent, or unless
a valid search warrant has been obtained or where he has been notified that
a search will be conducted. This section shall apply only to lockers or other
space for storage that are owned or leased by the employing agency.
ARTICLE 40
Use of City Resources
The Union may be granted permission to use Department facilities for the
purpose of meeting with employees to conduct its internal affairs provided
space for such meetings can be made available without interfering with
City needs. Permission to use facilities must be obtained by the Union from
the Chief or designated representative. The Union shall be held fully respon-
sible for any damages to and the security of any facility that is used by the
Union.
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ARTICLE 41
Use of Bulletin Boards
The Department will furnish adequate bulletin board space where currently
available. Only areas designated by the appointing authority may be used
for posting notices. Bulletin boards may be used for the following notices:
A. Scheduled Union meetings, agenda and minutes.
B. Information on Union elections and the results.
C. Information regarding Union special , recreational , and related
bulletins.
D. Reports of official business of Union including reports of
committees or the Board of Directors.
E. MOU, pay scales, job announcements, promotion lists, etc.
F. Such other items as may be approved by the Department manage-
ment upon request of the Union.
Posted notices shall not be obscene, or defamatory, nor shall they advo-
cate 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 auth-
orized representative.
j ARTICLE 42
i
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 authoriz-
ation 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, judgements or other forms of liability that may
arise out of or by reason of action taken by the City under this Article.
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ARTICLE 43
Employee Representatives
When requested by a member of the unit, a job representative may investigate
any alleged grievance in the Department, and assist in its presentation.
He shall be allowed reasonable time therefore, during working hours without
loss of time or pay, upon notification and approval of his immediate super-
visor with the concurrence of his Division or Chief Engineer. The privilege
of a Job Rep to leave their work during work hours without loss of time or
pay -is subject to the understanding that the time will be devoted to the
proper handling of grievances and will not be abused. Such time shall be
excluded in any computation of overtime. Job Reps will perform their regu-
larly assigned work at all times, except when necessary to leave their work
to handle grievances as provided herein. A Job Rep will not be granted time-
off, or compensation, for the purpose of handling grievances outside this
unit. The Union shall notify the City of the names of each Job Rep. A ratio
of one Job Rep for every sixty (60) permanent employees in the unit, but not
less than four (4) shall be recognized by the City.
ARTICLE 44
Grievance Procedure
PURPOSE: The City of San Bernardino and the Union realize the importance of
a v--fable Grievance Procedure to aid in the-resolution of disputes among em-
ployees, supervisors, and management. It is recognized that, to maintain high
employee morale and harmonious relations, an orderly method of 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 em-
ployee complaints. The representatives of employees and management at all
levels will make continuing efforts to secure prompt disposition of grievances.
Every effort should be made to resolve grievances in the informal process.
The initiation of a grievance -in good faith by an employee shall not cast any
adverse reflection on his standing with his supervisor or his loyalty as a
City employee, nor be a reflection on the employee's supervisor or the depart-
ment involved unless it is determined that such department or supervisor has
grossly abused management discretion or the employee has grossly abused the
grievance process.
DEFINITION OF A GRIEVANCE: A grievance is an alleged violation of the terms
of this Memorandum of Understanding or the laws, ordinances or rules. Appeals
arising out of Civil Service examination shall be submitted directly to the
Civil Service Board. Allegations of discrimination shall be submitted to the
Affirmative Action Officer.
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ARTICLE 44
Grievance Procedure. . . .Continued
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 any one time, unless he
so desires. If the employee's Legal Counsel is not from the formally recognized
employee organization, a representative of that formally recognized organization
may attend the grievance hearing to insure that the solution reached does not
violate the terms of the MOU.
CONSOLIDATION OF GRIEVANCES: In order to avoid the necessity of processing
numerous similar grievances at one time, a single grievance may be filed.
TIME LIMITATIONS: Are established to settle a grievance quickly. Time limits
may be modified by agreement of the parties. If at any state of this Grievance
Procedure the grievant is dissatisfied with the decision rendered, it shall be
the grievant's responsibility to initiate the action which submits the grievance
to the next level of review. The grievant may proceed to the next step if a
reviewing official does not respond within the time limits specified. A formal
grievance may be entertained in or advanced to any step if the parties jointly
so agree.
STEPS IN THE GRIEVANCE PROCEDURE: The procedures outlined herein constitute
the informal and formal steps necessary to resolve an 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 (10) working days after the employee is aware of the conditions
precipitating the grievance.
1 ) Informal : Initially, the grieving employee shall , on a per-
sonal face-to-face basis, discuss his complaint with his
immediate supervisor informally. Within five (5) working
days, the supervisor shall give his decision to the employee
orally.
2) Formal : Step 1 . Written Grievance to Supervisor
(A) If a mutually acceptable solution has not been
reached in the informal process, the employee
shall submit his grievance in writing to his
immediate supervisor. This must be accomplished
within ten (10) working days of being informed
of the supervisor's informal decision. Within
five (5) working days of receiving the written
notification of the employee's grievance, the
supervisor may meet with the employee and
thoroughly discuss the grievance. The employee
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ARTICLE 44
Grievance Procedure. . . .Continued
STEPS IN THE GRIEVANCE PROCEDURE. . . .Continued
may appear personally, and he may be repre-
sented by a representative of his choice.
In any event, the supervisor shall give a
written decision to the employee within five
(5) working days after receipt of the written
grievance.
Step 2. Meet with Division Head
(B) If the grievance has not been satisfactorily
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
Department Head.
Step 3. Meet with Department Head
(C) If the grievance has not been satisfactorily
resolved at this level , it may be appealed
within five (5) working days to the Department
Head who may follow the steps outlined in Step
2 above. In any event, the Department Head
shall give a written decision to the employee
within five (5) working days after receipt of
the grievance. If the grievance has not been
satisfactorily resolved at this level , it may
be appealed within five (5) working days to the
Director of Labor Relations.
Step 4. Review by the Director of Labor Relations
(D) Within five (5) working days after receiving the
appeal , the Director of Labor Relations shall re-
view the matter and give a decision. If the
grievance has not been satisfactorily resolved by
the Director, appeal may be made within five (5)
working days to the next step.
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ARTICLE 44
Grievance Procedure. . . .Continued
STEPS IN THE GRIEVANCE PROCEDURE. . . .Continued
Step 5. Final Step
(E) a. If the grievance has not been satisfactorily
resolved, the employee may appeal to the Mayor
and City Council . Such appeal must be made within
five (5) working days, in writing, accompanied by
the report of the Director of Labor Relations.
b: The Mayor and City Council will be advised of
the general nature of the case and will set a time,
date and place for hearing the grievance within
thirty (30) calendar days. The grievant and the
Department will be notified of the date, time and
place of the hearing.
c. Pre-hearing conferences will be held as necessary.
Witnesses or documentary evidence will be provided by
each of the parties prior to the hearing.
d. The decision of the Mayor and City Council will
be in writing and transmitted to the parties within
seven (7) working days after the close of the hearing.
The City Council decision is final and binding on all
parties, unless reversed by court decision.
e. All grievances shall be treated as confidential
and no publicity will be given until the final reso-
lution of the grievance.
ARTICLE 45
Polygraph Examination
No member shall be compelled to submit to a polygraph examination against his
will . No disciplinary action or other recrimination shall be taken against
a member refusing to submit to a polygraph examination, nor shall any comment
be entered anywhere in the investigator's notes or anywhere else that the
member refused to take a polygraph examination, nor shall any testimony or
evidence be admissable at a subsequent hearing, trial or proceeding, judicial
or administrative, to the effect that the member refused to take a polygraph
examination.
I
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0
ARTICLE 46
Labor-Management Committee
The Firefighters Union will designate three (3) 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 appro-
priate for the discussion of scheduled matters. Normally such meetings shall
be during regular working hours.
ARTICLE 47
Prevailing Benefits
All benefits, privileges, and working conditions authorized for the members
at the present time, which are not included in this Memorandum of Understanding,
shall remain in full force during the term of this Memorandum of Understanding
unless changed by mutual consent.
ARTICLE 48
Waiver Clause
The City and the Union for the life of this Memorandum of Understanding, each
agrees that the other shall not be obligated to meet and confer with respect
to any subject or matter referred to, or covered in this Memorandum of Under-
standing.
ARTICLE 49
Severability
If any provision of this Memorandum of Understanding is held by the proper
legislative or judicial authority to be unlawful , unenforceable, unconstitu-
tional , or not in accordance with applicable statutes or not applicable to
Charter Cities, all other provisions of the Memorandum of Understanding shall
remain in full force and effect for the duration of this Memorandum of Under-
standing. If there is any conflict between the provisions of this Memorandum
of Understanding and the provisions of federal , state and local government
regulations, the provisions of the federal , state or local government regula-
tions shall be controlling. Upon the issuance of a decision declaring any
Article, section or portion of this Memorandum to be unlawful , unenforceable,
unconstitutional or not applicable to Charter Cities, the parties agree to meet
and confer immediately concerning only those Articles, sections or portions.
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All the terms and conditions set forth in the Memorandum of Understanding
are hereby acknowledged and agreed to by each party upon this 27th day
of February 1981 •
CITY OF SAN BERNARDINO FIREFIGHTERS UNION, LOCAL 891
Oa or-Han ement Re ations Executive Se d etary, Loca 8
fficer
i
Chief Engineer-7 President, Local 891
eputy Chi&f Engineer Member, Union Negoti tioCn eam
Personnel Director Member, Union Negotiation Team
/Z er--
c �
finance Director Member, Union Negotiation Team
Recorder
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