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. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From:
BARBARA DILLON
PERSONNEL
MAY 27, 1997
Subject:
RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPLEMENTING A MEMORANDUM OF UNDER-
STANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE FIRE
SAFElY EMPLOYEES' BARGAINING UNIT OF TIlE CITY
OF SAN BERNARDINO REPRESENTED BY THE SAN
BERNARDINO CITY PROFESSIONAL FIREFIGHTERS,
LOCAL 891
Dept:
Date:
! ORIGINAL
Synopsis of Previous Council Action:
October 7, 1996
The Mayor and Common Council approved a side letter to extend the term
of the contract with the Fire Safety bargaining unit through December 31,
1996,
Closed session,
Closed Session.
January 27, 1997
May 19, 1997
MAY 2 8 1997
Recommended Motion:
Adopt resolution.
v"'t..~k",/.7/ "')./ /hJYJ)
Signature
Contact person:
Barbara Dillon
Phone:
384-5161
Supporting data attached: Yes
Ward:
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
Res 97- I fit t-j
Agenda Item No. 5/
~/l
CIri'Y OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The contract with the Fire Safety Employees expired on December 31, 1996. The City Team
and Fire Local 891 held seven negotiations sessions through May 21, 1997.
Attached is the Fire Safety Employees' Memorandum of Understanding (MOU). The term of
the MOU is from January I, 1997 through December 31, 1998.
The new MOU includes the following key elements:
Hea1th/Related
Insurance
Increase life insurance from $3,000 to $5,000.
Retirement
The City will implement two-tier retirement for new
employees hired on or after July I, 1997.
The City will increase City-paid member contributions for
current employees from 7% to 8% as of July I, 1997, and
from 8% to 9% as of December 31, 1998.
Conferences
and Seminars
Employees elected to the union board will be granted time
off to attend conventions, conferences and seminars, up to
388 hours in the aggregate.
Savings are expected from two-tier retirement, whereby new employees will receive 5 % City-
paid PERS member contribution the first five (5) years of full-time City employment.
Attachment: Resolution Implementing Memorandum of Understanding Between the City of San
Bernardino and Employees in the Fire Safety Employees' Bargaining Unit
Represented by International Association of Firefighters, Local 891.
~(Q)[PW
1997 - 1998
FIRE
SAFETY
EMPLOYEES'
MEMORANDUM
OF
UNDERSTANDING
CITY OF
SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF PERSONNEL
sl
kfj1/
ARTICLE
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TABLE OF CONTENTS
TITI..E
Definition of Terms
Recognition
Agency Personnel Rules
Nondiscrimination
Management Rights
Employees' Rights
Wages
Workweek
Overtime
Holidays
Vacation
Sick Leave
Medical Exams
Workers' Compensation Injury
Deferred Compensation
Retirement Plan
Leave Provisions
Health/Related Insurance
Trading Time
Payroll Deductions
Paramedic Assignment
Re-Employment
Probationary Period
Work Uniforms
Seniority
Related Work Standards
Tuition Reimbursement
Safety Committee
Payment of Unused Sick Leave
Court Fines
On-Call, Call-Back, Standby
ReplacingIRepairing Personal Property
Safety Equipment
Personnel Files
Political Activity
Investigation Rights
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ARTICLE TITLE PAGE
36 Financial Disclosure 22
37 Locker Search 22
38 Use of City Resources 23
39 Employee Representatives 23
40 Grievance Procedure 24
41 Polygraph Examination 26
42 Labor Management Committee 27
43 Vacation and Holiday Sell-back 27
44 Constant Staffing 27
45 Drug and Alcohol Testing 28
46 U Dion Security 28
47 Severability 29
48 Notice of Intent to Reopen 29
49 Term 29
50 Prevailing Benefits 29
51 Maintenance of Benefits 30
Index 31
; ;
Fire Safety MOU
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
Authori~:
Fire Chief, Deputy Chief or Assistant Chief of the City of San
Bernardino Fire Department.
~
The City of San Bernardino.
Classification:
Firefighter, ParamediclFire Fighter, Engineer, Fire Investigator,
Captain. Additional titles may be established by the Mayor and
Common Council, but titles for local safety members of the Fire
Department shall be placed in the classification having the most
nearly equal duties and responsibilities.
Department:
San Bernardino City Fire Department.
Division:
Division shall refer to anyone of the major Divisions of the
Department.
Employee Public
Safe~ Officer:
The term . employee' shall include all Safety personnel within the
Fire Department bargaining unit.
Employee
Orianization:
San Bernardino City Professional Firefighters, Local 891.
Employer:
Shall include the City of San Bernardino, the Fire Department, or
any Management or Administrative representative or Elected
Official thereof.
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Fire Safety MOU
- , -
Mandatory and
Permissive:
"Shall" is mandatory, "may" is permissive.
Member:
Shall include Fire Safety PersoMel as defined by Section #20021
of the Government Code in the c1assifications listed herein.
MOU:
Memorandum of Understanding.
Shift.
Means a twenty-four hour duty for the Fire Department except for
the positions of Fire Chief, Deputy Chief, local safety members
working in the Fire Prevention Bureau, and such members as may
hereafter be granted a forty hour average work week. For pay
purposes only, one twenty-four hour shift is equivalent to twenty-
four hours.
Singular and
Plural:
The singular also includes the plural.
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Fire Safety MOU
ARTICLE 1
Recomitlon
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, ParamediclFirefighters, Engineers, Fire Investigators and Captains of the San
Bernardino Fire Department.
ARTICLE 2
Al!encv 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 Communications between the City and its Employees for the
Purpose of Promoting Improved Employer-Employee Relations, as amended, and Resolution No.
10585, adopting Rules and Regulations relating to employer-employee relations, as amended,
which documents will continue in effect, except for those provisions modified by the Common
Council in accordance with State Laws, orders, regulations, official instructions or policies. In
case of proposed changes, by other than agreement, the Union shall be consulted 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 Memorandum of Understanding (MOU) shall be applied equally
by the City and the Union, to all employees covered hereby without favor or discrimination
because of race, sex, age, national origin, or political or religious opinions or affiliations.
ARTICLE 4
Manal!ement Riehts
This MOU shall not be deemed to limit or curtail the City in any way in the exercise of
the rights, powers, and authority which the City had prior to adopting this MOU except to the
extent that the provisions of the MOU specifically curtail or limit such rights, powers, and
authority. Furthermore, the City retains all its exclusive rights and authority under City Charter,
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Fire Safety MOU
Ordinance, Resolutions, State and Federal Law, and expressly and exclusively retains its
management rights, which include, but are not limited to: the exclusive right to determine the
mission of its constituent departments, commissions, 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 content and intent of job
classifications; determine methods of financing; determine style and/or types of City-issued
wearing apparel, equipment or technology to be used; determine and/or change the facilities,
methods, technology, means, organizational structure and size and composition of work force
and allocate and assign work by which the City operations are to be conducted, provided,
however, that no such measures as threaten the safety of employees shall be adopted; determine
and change the number of work locations, relocations, and types of operations, processes and
materials to be used in carrying out all City functions including, but not limited to, the right to
contract for or subcontract any work or operations of the City; assign work to and schedule
employees in accordance with requirements as determined by the City and establish and change
work schedules and assignments upon reasonable notice; establish and modify productivity and
performance programs and standards; discharge, suspend, demote, reprimand, withhold salary
increases and benefits, except such as are mandated by City Charter, or otherwise discipline
employees in accordance with the applicable law; establish employee performance standards
including, but not limited to, quality and quantity standards; and carry out its mission in
emergencies, and exercise complete control and discretion over its organization and the
technology of performing its work.
ARTICLE 5
Emolovees' Ri2hts
Employees shall have all the rights which may be exercised in accordance with State
Law, the Charter, and applicable ordinances, resolutions, rules and regulations including the
right to;
A. Form, join and participate in the activities of employee organizations of their own
choosing for the purpose of representation on all matters of employer-employee relations.
B. Refuse to join or participate in the activities of employee organizations and the
right to represent themselves individually in their employment relations with the City.
C. Be free from interference, intimidation, restraint, coercion, discrimination, or
reprisal by other employees, employee organizations, management or supervisor, as a result of
their exercise of rights indicated in (A) and (B) above.
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Fire Safery MOU
ARTICLE 6
Walles
A. During the term of this MOU, the monthly salaries of Local Safety members of
the San Bernardino Fire Department included in classifications Firefighters, Paramedicl
Firefighters, Engineers, Fire Investigators and Captains and additional classifications within as
may be established by the Mayor and Common Council shall be fixed annually on August I of
each year at the amount equal to the arithmetic average of the monthly salaries, paid or approved
for payment to Local Safety members of like or most nearly comparable positions of ten (10)
California cities with populations of between 100,000 and 250,000 as shown in the latest Annual
Report of Financial Transactions of California cities published by the State Controller.
B. The ten (10) cities used for fixing the monthly salaries shall be those ten (10)
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 (10) cities remain. The representatives to strike the
first name from the list shall be determined by lot.
C. In the event one (1) or more of the ten (10) cities does not have one (I) 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 (10) cities and the salaries paid in step
"E" shall be the same as the arithmetic average of the top salaries paid in comparable positions
in the ten cities. The salaries paid in step "B," "C" and "D" shall be fixed at amounts which
will cause the Local Safety members in the San Bernardino Fire Department to advance from
the starting steps to the maximum pay steps in approximately equal salary advances.
E. New employees shall be hired at the " A" step of the established base salary range
except as otherwise provided in this MOU.
F. Any Local Safety member of the Fire Department temporarily acting in a position
in a higher rank during a 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, to which he would be
entitled, were he promoted to that 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.
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Fire Safety MOU
ARTICLE 7
Workweek
The average work week for "shift" personnel shall be 56 hours. Shift calendars shall be
provided to employees by the City.
ARTICLE 8
Overtime
Overtime worked in 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.
A. ~: 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 defmed as all hours worked in excess of the regularly
scheduled work week. All overtime sha11 be reported in increments of 15 minutes and is non-
accumulative and non-payable when incurred in units of less than 15 minutes. Holiday leave,
sick leave, vacation leave and court time shall be considered as time worked for purposes of
computing overtime compensation.
C. Compensation: Payment for overtime shall be made on the first regular payday
following the pay period in which overtime is worked, unless overtime compensation cannot be
computed until some later date, in which case overtime will be paid on the next regular payday
after such computation can be made.
ARTICLE 9
Holidays
All members within the bargaining unit shall be entitled to 12 holidays per year or six
(6) shifts per year.
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Fire Safely MOU
ARTICLE 10
Vacation
All members within the bargaining unit shall be entitled to annual paid vacation as
follows:
A.
Completed Years of
Continuous Service*
Days/Shifts of
Paid V ~r"tion
Rate of Accrual
Per Month
I Year**
10 days or
5 shifts
0.833 working days
10 Years
15 days or
7-112 shifts
1.25 working days
20 Years
20 days or 10 shifts
1.667 working days
status.
* A service year begins in the initial date of employment in a full-time, regular
..
**No vacation shall be granted if service is less than one (1) year.
B. When an employee resigns or otherwise leaves the service of the City and has
not used earned vacation since his or her last anniversary date, payment shall be made to
the employee for the earned portion of his or her vacation.
Calculation of payment for earned vacation, or deduction for unearned
vacation upon termination shall be made in accordance with the wage rate in effect on the
rmal day of employment.
C. When an employee returns to work after a break in "continuous service" and
when such break in continuous service shall have been by leave of absence with approval
of the Mayor and Common Council, vacation time shall not accrue during such a break in
continuous service, but shall accrue monthly from the date of return to service from such
approved leave of absence based upon the total length of service of the employee.
D. Whenever the term "year or years of employment" appears herein, it shall
be deemed to include all services for the City of San Bernardino. (Reference * above in
Section A.)
E. Vacation credits may accrue and accumulate for a maximum oftwo (2) years
total accumulated vacation credits on a carry-over basis from year to year. Vacations or
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Fire Sqfety MOU
portions thereof from anyone year so accrued may run consecutively with vacations or
portions thereof of the next succeeding year, subject to the approval of the appointing
authority.
F. In the event an employee has been permitted to take vacation which exceeds
the number of hours actually accrued, a deduction shall be made from the employee's rmal
compensation for the number of hours in excess of the accroal.
G. Employees shall not be permitted to work in their City position in lieu of
taking vacations in order to receive additional compensation from the City
H. The Fire Department's practice is to schedule all members' vacations prior to
January 1st for the following calendar year. Each calendar year, members will be permitted to
have eight (8) shifts of banked vacation days that are not already scheduled in advance. In order
to use banked vacation days, members must obtain approval in advance through their immediate
supervisor and their Battalion Chief.
ARTICLE 11
Sick Leave
Definition of Sick T Mlve: Sick leave means the absence from duty of any employee
because of illness or injury (except as noted below), exposure to contagious disease, or
attendance upon a member of hislher immediate family who is seriously ill and requires the care
of, or attendance of, an employee. Immediate family means: husband; wife; grandmother;
grandfather; mother; father; sister; brother; son; daughter; uncle; aunt; mother-in-law; father-in-
law; stepparents; and, stepchildren.
Sick Leave Guidelines: Not more than five (5) days or 2-1/2 shifts of sick leave within
any calendar year may be granted to employees for the care of, or attendance upon, members
of their immediate family.
No employee's absence due to illness in excess of five (5) days or 2-112 shifts sha11 be
approved, except after the presentation of satisfactory evidence of illness; and, a certificate from
a practicing physician shall be required by the Chief for approval concerning such absence.
In order to receive compensation while absent on sick leave, employees sha11 notify their
immediate supervisor prior to the time set for beginning their daily duties, or as may be
specified by the Chief.
Sick leave shall not be considered as a right which employees may use at their discretion,
but shall be allowed only in case of necessity and actual personal illness, except as otherwise
provided herein.
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Fire Safety MOU
--T- -- ---
All members will be authorized to use earned sick leave after six (6) months of
continuous employment with the City.
For semi-monthly payroll, sick leave will accrue at the rate of 8.0 hours per month or
at a rate of 4.0 hours per pay period for employees scheduled to work 40 hours per week, or
1/2 shift per month or 6.0 hours per pay period for shift employees, 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, except as
modified by this MOU.
ARTICLE 12
Medical1i'.YAnK
The City will pay medical fees for the physical examination of a Fire Safety member,
when such examination is required and directed by the City. In such cases, the City will pay
for the exam.
When an employee has been placed in a sick leave program and is required to bring in
a sick leave slip verifying absence due to illness, the City will pay the medical fees not covered
by the employee's medical insurance, for the purpose of that doctor's visit.
In the event that the Union engages in any curtailment or restriction of work, including,
but not limited to, "blue flue" or strikes, the City will require the presentation of a certificate
from a practicing physician stating that an employee off on sick leave was actually sick and is
able to return to work. In such cases, the City will not pay the medical fees not covered by the
employee's medical insurance.
The City will not reimburse employees for time spent at the doctor's office.
ARTICLE 13
Workers' Comoensation Iniurv
Members should predesignate their choice of doctor and hospital for work-related
inJuries, In accordance with the California State Labor Code.
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Fire Safety MOU
ARTICLE 14
Deferred Compenes>tion
The City shall continue to sponsor a deferred compensation plan which shall be available
to employees on a voluntary basis.
ARTICLE 15
Retirement Plan
A. The City sha1l continue to participate in an employees' retirement plan for Public Safety
Officers, by contract with the California Public Employees' Retirement System (PERS) under
the current "2 % at age 50" formula.
B. The City will contract with PERS to additionally provide the "highest 12 month"
retirement formula and Military Service Credit.
C. The City shall continue to contract with PERS to provide the 1959 Survivor Benefit,
Third Level.
D. ~nning July I, 1997, the City will pay eight percent (8%) of the members'
contribution to PERS credited to the employee's account as a fringe benefit, for current, active
employees hired prior to July I, 1997.
E. As of December 31, 1998, the City will pay nine percent (9%) of the members'
contribution to PERS credited to the employee's account as a fringe benefit, for current,
active employees hired prior to July 1, 1997. This means the fIrst fuD pay period after
December 31, 1998.
F. For any employee hired on or after July I, 1997, the City will pay fIve percent (5%)
of the members' contribution to PERS credited to the employee's account as a fringe
beneflt. Upon said employees completing five (5) years of service the City will pay nine
percent (9%) of the members' contribution to PERS credited to the employee's account as
a fringe benefit on the f1l'St pay period of the sixth year of service.
G. The City will contract with PERS to additionally provide the Post-Survivors' Retirement
Benefit.
H. FoDowing Council approval of the 1997-1998 MOU, the City will begin the process
to contract with PERS to additionaDy provide the .Post-Retirement Survivor Allowance to
Continue After Remarriage..
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Fire Safety MOU
ARTICLE 16
r ....ve Provisions
The provisions of City Resolution No. 6433, as amended, concerning sick leave, injury
leave, vacation, holiday leave, leave of absence without pay and other leave, as they apply to
Fire Safety personnel, shall remain in effect, except as they are modified by this MOU. In
circumstances in which either the Federal Family Leave Act or the State Medical and Family
Leave Act apply, the City shall adhere to the requirements of the Acts.
Employees elected to the Union Board shall be granted time off to perform official Union
functions, including but not limited to, attendance at conventions, conferences and seminars,
without loss of pay, up to a maxiI!1um of 388 hours total time per calendar year in the aggregate
for such employees.
ARTICLE 17
HealthlRelated Insurance
A. The City sball contribute monies toward health premiums for the employee
plus one (1) dependent, at the rate equivalent to the Kaiser South premium. In addition,
the City will provide payment at the rate of the Mbslon Dental (Dentieare) Hi&b Option
plan or its equivalent for the employee plus one (1) dependent. The City's contribution will
change to equal the cost in the Kaiser South premium and the Mbslon Dental (Dentieare)
High Option plan or its equivalent during the term of the MOU.
The City shall contribute the rate equivalent to the Kaiser South premium
for employee only and the Mission Dental (Denticare) High Option plan or its equivalent
for Employee Only, for employees with no dependents.
The effective date for health insurance open enrollment to the transactions
is currently January 1st of each year. This date is establWled by the Public Employees'
Retirement System (PERS) and is subject to change. The City will contribute toward
hea1th premiums for unit employees the total of the Kaiser South premium and the Mbslon
Dental High Option plan premium.
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 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.
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Fire Safety MOU
D. Included in the contribution described in Section A, the City shall contribute a
maximum of Sl6 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.
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. The City shaD pay funeral expenses of up to $10,000 for a fJrefighter who
becomes deceased while on duty.
I. The foDowing provision will go into effect, unless and except it conflicts with
PERS regulations in the future: When a fJre safety employee is married to another city
employee, each of the employees will be permitted to enroD in their own separate health
plan during designated open enroUment periods. Neither employee may receive "double
coverage" under the City's health plans.
ARTICLE 18
Tradinl! Time
Subject to the authorization of the Fire Chief or Deputy Chief, and Battalion Chiefs,
members of the bargaining unit should be allowed to trade time with other employees of equal
ability on the following basis, if they pass probation:
A. Trading time shall be with persons of equal ability and be agreeable with both
parties and shall be requested in a memo signed by both employees.
B. In the event one part of a trade (either first part or second part) is not fulfiUed
for any reason, the employee not fulfilling hislher part shall owe the department for the amount
of time missed. This shall be designated as an owed department payback at straight time. In
the event the above does occur, the employee who did not fulfiU his/her part may turn down a
payback one time but must accept the payback on the second request.
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Fire Safety MOU
ARTICLE 19
PaYroll Deductions
It is agreed that Union membership dues, agency fees, 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
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 other forms of liability that may arise out
of or by reason of action taken by the City under this Article.
ARTICLE 20
Paramedic Assil!DJDent
P-2 Paramedic/Firefighters must meet and maintain the following standards:
A. Recertify after completion of probation.
B. Recertify according to State and County regulations.
Paramedics failing to meet the above standards may be subject to termination from
employment as a paramedic. The City will pay initial recertification fees charged by the
County. Paramedics will pay for a repeat test, if they fail a previous test.
Subject to approval of the Fire Chief, continuing education for paramedics may be met
during on-duty hours. In addition, with the approval of the Fire Chief for each overtime
requested, paramedics will be allowed to receive overtime for said courses taken during off-duty
hours, but in no case will overtime paid for off-duty training exceed eight (8) hours per
paramedic per fiscal year. Continuing education is the responsibility of the paramedic.
Therefore, if on-duty hours or overtime hours are not approved by the Fire Chief, paramedics
are responsible for using their own time for earning continuing education units.
In the event the City increases its level of service to include ambulance transport,
the Fire Department will, within a reasonable amount of time, implement continuing
education during on-duty hours, wherever possible. Under such circumstances, overtime
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Fire Safety MOU
will be paid for any off-duty required training to maintain a paramedic certification. Each
such overtime request requires the approval of the FU'e Chief or designee.
ARTICLE 21
Re-Rmolovment
A member who has terminated City employment, and who is subsequently rehired in the
same classification in a regular position within a 9O-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 22
Probationarv Period
The probationary period for positions in this unit shall be 12 months from the date of
hire. All newly promoted employees must also serve a one-year probationary period.
ARTICLE 23
Work Unif'orms
A. Work Unif'orms: The City will furnish, and replace as needed, four (4) work shirts and
three (3) pairs of work trousers to each member. Guidelines for Fire Safety Employees include
obtaining approval from the Battalion Chief, obtaining a "chit" from the Storekeeper, and going
to the vendor, for uniforms.
B. Safetv Boots: The City will furnish safety boots to each member. Boots will be
Callfornia-OSHA approved boots. Guidelines for FU'e Safety Employees include obtAining
a "chit" from the FU'e Department, and going to the vendor designated by the Department
for their boots.
Employees who want to upgrade to a higher quality safety boot of greater cost than
the department's current issue shall be reimbursed for the amount of money equal to the
cost of the department issue. Reimbursement requires prior supervisory approval and a
receipt from employee.
C. RAin Gear: The City shall continue its current method to provide appropriate duty
rain gear for personnel.
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Fire Safety MOU
ARTICLE 24
Senioritv
Seniority is herein defined to be an employee's length of service, with no break in
service, within the Fire Department and/or c1assification to which the employee is presently
assigned. The Department may use seniority in vacation scheduling, shift assignments and
transfers within c1assifications.
ARTICLE 2S
Related Work Standards
During the term of this MOU, the City and the Union agree to meet and confer on
related work standards as used in job descriptions in an effort to establish reasonable guidelines
for employees in that unit.
ARTICLE 26
Tuition Reimbursement
The City will continue, under its formalized procedures, to pay tuition costs for members
who complete job-related courses of instruction, with a grade consistent with the City's
affirmative action policy, which will increase their value to the City.
Elii:ibility: Approval will be limited to courses given by accredited colleges and
universities, city colleges or adult education courses under the sponsorship of the Board of
Education. No mail-order courses will be approved. Workshops, seminars, conferences and
similar activities not identifiable as a formal course of instruction within the curriculum of a
recognized educational institution, do not fall within the purview of this program, but may be
authorized and funded by the Department upon approval of the City Administrator.
Reimbursement: The amount of reimbursement sha1l be 50% of the equivalent of the
tuition costs for up to three (3) units per quarter as charged by the California State University,
San Bernardino, or one and one-half times that amount, if on a semester system. The Director
of Personnel will recommend approval or disapproval based on the availability of budgeted funds
for education tuition assistance. 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.
Procedures: Employees will submit copies of their approved applications to the
Personnel Department according to City policies and procedures. Employees must include
17
Fire Safety MOU
official verification of their final grades, with appropriate receipts for tuition costs. These will
be returned to employees upon request. Applications not submitted to the Personnel Department
according to City policies following completion of the course become void.
ARTICLE 27
Safetv 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 Union may select one of its members to participate as a member of the Incident
Review Board when the Board reviews an accident/incident in which Fire personnel are
involved. The Chairman of the Review Board will inform the Union of the date and time of
Board meetings which will review such incidents, at least 48 hours in advance.
ARTICLE 28
Pavment of Unused Sick Leave
A. After completion of five (5) years of continuous full-time employment with the
City, every member shall, upon retirement or death, receive compensation for accumulated,
unused sick leave, as follows, excluding Sections B and C:
1. Fifty percent (50%) of the first 1,120 hours for 4Q-hour-per-week
employees (560 hours) and 50% of the first 1,680 hours for 56-hour-per-week employees (840
hours);
2. Twenty-five percent (25 %) of all unused sick leave over the above
amounts.
B. A continuous, active, full-time employee with the City shall, upon receiving
a disability-conoected retirement, receive compensation for accumulated, unused sick leave,
as follows: One-hundred percent (100%) of all unused sick leave.
C. Upon the death of a continuous, active, full-time employee, hisJher surviving
spouse and/or surviving children shall receive compensation for accumulated, noused sick
leave, as Collows: One-hundred percent (100%) of all noused sick leave.
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Fire Safety MOU
ARTICLE 29
Court Fmes
The City shall pay for court fmes imposed upon each member as a result of his
conviction of a traffic violation when such member was directed to operate any faulty vehicle
or vehicular equipment which was the proximate cause of the mechanical or other traffic
violation, provided that such violation did not result from improper or negligent operation of the
vehicle on the part of the member.
ARTICLE 30
On-Call. Call-Back. Standbv
Any employee on "on-call" status will receive a minimum of two (2) hours pay at time
and one-half for all or any portion of a 24-hour day. If called back any time within the first two
(2) hours of on-call, the time worked will be deducted from the two (2) hours on-call. If the
"call-back" occurs after two (2) 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 two (2) hours standby pay at time and one-half. If the employee is called to court and
does not go beyond 12:00 hours on that day, it will be considered part of the two (2) hours
standby. If the employee has to appear after the noon recess, any additional time will be added
to the two (2) hours standby plus one-half hour travel time. In cases where the subpoena is for
13:30 hours, or another time, the standby will start with time stated on the subpoena. In those
cases where the subpoena is for 13:30 or later, the employee's time will be computed at the
amount of time between the time of subpoena and 17:00, plus 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
on-call, call-back and standby pay will be at the time and one-half overtime rate.
ARTICLE 31
Reolacinl!!Reoairinl! Personal Prooertv
The City shall continue to provide for the cost of replacing or repairing personal
property, of any employee, which is lost or damaged in the performance of duty, as provided
in Administrative Directives.
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Fire Safety MOU
ARTICLE 32
Safetv Eauinment
All employees who are required by state law to have safety equipment will be furnished
the required safety equipment.
ARTICLE 33
Personnel FlIes
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 should be noted on the document
and signed or initialed by a witness who is a union representative, if the union representative is
present.
A member shaIl have 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 shaIl
accompany, the adverse comment.
ARTICLE 34
Political Activitv
Except as otherwise provided by law, no member shall be prohibited from engaging, or
be coerced or required to engage in political activity. No member shaIl be aIlowed to engage
in political activity when in uniform or on duty.
ARTICLE 3S
Investil!ation Ril!hts
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 dismissal, demotion, suspension, reduction in salary, written
reprimand, or transfer for purposes of punishment.
20
Fire Safety MOU
A. The interrogation shall be conducted at a reasonable hour, preferably at the 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 being interrogated, the member
shall be compensated for such off-duty time in accordance with regular department procedures,
and the member shall not be released from employment for any work missed unless the
seriousness of the investigation requires otherwise.
B. The member under investigation shall be informed prior to such interrogation of
the rank, name and command of the official in charge of the interrogation, the interrogating
official, and all other persons to be present during the interrogation. All questions directed to
the member under interrogation shall be asked by and through no more than two interrogators
at one time.
C. The member under investigation shall be informed of the nature of the
investigation prior to the interrogation.
D. The interrogating session shall be for a reasonable period taking into consideration
the gravity and complexity of the issue being investigated. The person under interrogation shall
be allowed to attend to his own personal physical necessities.
E. The member under interrogation shall not be subjected to offensive language or
threatened with punitive action, except that a member refusing to respond to questions or submit
to 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 answer any question. The employer shall not cause the member under
interrogation to be subjected to visits by the press or news media without his express consent
nor shall his home address or photograph be given to the 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 subsequent time. The member shall
be entitled to a transcribed copy of any notes made by a stenographer or to any reports or
complaints made by investigators or persons, except those which are deemed by the investigating
agency to be confidential. No notes or reports which are deemed to be confidential may be
entered in the member's personnel file. The member being interrogated shall have the right to
bring 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 a
interrogation focuses on matters which are likely to result in punitive action against any member,
that member, at his/her request, shall have the right to be represented by a representative of his
21
Fire Safety MOU
choice who may be present at all times during such interrogation. The representative shall not
be a person subject to the same investigation.
This article shall not apply to any interrogation of a member in the normal course of
duty, counseling, instruction, or informal verbal admonishment by, or other routine or unplanned
contact with a supervisor or any other member, nor sha1l this section apply to an investigation
concerned solely and directly with alleged criminal activities.
Lawful Exercise of Riehts: Insubordination: Administrative Appeal:
(l) 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.
Nothing in this Article shall preclude a head of any 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 insubordination.
. (2) 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 36
Financial Disclosure
No member shall be required or requested for purposes of job assignment or other
personnel action to disclose any item of his property, income, assets, source of income, debts,
or personal or domestic expenditures (including those of any member of his family or household)
unless such information is obtained or required under a state law, City policy, or proper legal
procedure, tends to indicate a conflict of interest with respect to the performance of his official
duties, or is nece."'ry for the employing agency to ascertain the desirability of assigning the
member to a specialized unit in which there is a strong possibility that bribes or other improper
inducements may be offered.
ARTICLE 37
Locker Search
No member shall have his/her locker, or other space for storage that may be assigned
to them, searched, except in the employee's presence, or with his/her consent, or unless a valid
search warrant has been obtained or where the member has been notified that a search will be
22
Fire Safery MOU
conducted. This section shall apply only to lockers or other spaces for storage that are owned
or leased by the employing agency.
ARTICLE 38
Use of Cltv Resources
The Union may be granted permission to use Department facilities for the purpose of
meeting with employees to conduct its internal affairs provided space for such meetings can be
made available without interfering with City needs. Permission to use facilities must be obtained
by the Union from the Chief or designated representative. The Union shall be held fully
responsible for any damages and for the security of any facility that is used by the Union.
The Department will furnish adequate bulletin board space where currently available.
Only areas designated by the appointing authority may be used for posting notices. Bulletin
Boards may be used for the following notices:
A. Scheduled Union meetings, agenda and minutes;
B. Information on Union Elections and the results;
C. Information regarding Union special, recreational and related bulletins;
D. Reports of official business of Union including reports of committees or the Board
of Directors;
E. Pay scales, job announcements, promotion lists, etc.;
F. Such other items as may be approved by the Department management upon
request of the Union.
Posted notices shall not be obscene, or defamatory nor shall they advocate election or
defeat of candidates for public office. All notices to be posted may be dated and signed by an
authorized representative of the Union and should have the prior written approval of the Chief
or his authorized representative.
ARTICLE 39
Emolovee Reoresentatives
When requested by a member of the unit, a job representative may investigate any
alleged grievance in the Department and assist in its presentation. The representatives shall be
23
Fire Safety MOU
allowed reasonable time therefor during working hours without loss of time or pay, upon
notification and approval of their immediate supervisor with the concurrence of the appropriate
Division/Batta1ion Chief or the Deputy Fire Chief. The privilege of a Job Representative to
leave their work during work hours without loss of time or pay is subject to the understanding
that the time will be devoted to the proper handling of grievances and will not be abused. Such
time shall be excluded in any computation of overtime. Job Representatives will perform their
regularly assigned work at all times, except when necessary to leave their work to handle
grievances as provided herein. A Job Representative will not be granted time-off, or
compensation, for the purpose of handling grievances outside this unit. The Union shall notify
the City of names of each Job Representative each January. Anyone not on the list will not be
recognized. A ratio of one (I) Job Representative for every 60 regular, full-time employees in
the unit, but not less than four (4) shall be recognized by the City.
ARTICLE 40
Grievance Procedure
PUI:pose: The City of San Bernardino and the Union realize the importance of a viable
Grievance Procedure to aid in the resolution of disputes among employees, supervisors, and
management. It is recognized that, to maintain high employee morale and harmonious relations,
an orderly method of processing a grievance is necessary.
This procedure is intended to establish a systematic means to process a grievance and to
obtain fair and proper answers and decisions regarding employee complaints. The
representatives of employees and management at all levels will make continuing efforts to secure
prompt disposition of grievances. Every effort should be made to resolve grievances in the
informal process. This article supersedes the grievance procedure in Resolution 10585.
The initiation of a grievance in good faith by employees shall not cast any adverse
reflection on their standing with their supervisors or their loyalty as City employees, nor be a
reflection on the employees' supervisors or the department involved, unless it is determined that
such department or supervisors have grossly abused management discretion or the employees
have grossly abused the grievance process.
Definition of a Grievance: A grievance is an alleged violation of this MOU. Only the
employee aggrieved by supervisory or management action may me a grievance. The remedy
selected by the employee shall be the exclusive remedy pursued, either through the grievance
procedure, or through appeals to the Civil Service Board. If the employee chooses to appeal
disciplinary action to the Civil Service Board, he/she shall be precluded from filing a grievance.
Additionally, allegations of discrimination and harassment shall be submitted to the Affirmative
Action Officer.
Re.presentation: The aggrieved employee shall have the right to be represented. This
24
Fire Safery MOU
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 (I) representative for any
employee at anyone (I) time, unless the person hearing the grievance so desires. If the
employee's Legal Counsel is not from the formally recognized employee organization, a
representative of that formally recognized organization may attend the grievance hearing to
insure that the solution reached does not violate the terms of this MOU.
Consolidation of Grievances: In order to avoid the necessity of processing numerous
similar grievances at one time, a single .class. grievance may be filed. The City also has the
right to consolidate responses to grievances. If the grievant is a group of three (3) or more
employees, the group shall appoint one (1) or two (2) employees, who signed the grievance, to
speak for the collective group throughout the grievance process.
Time Limitations: Time limits are established to settle a grievance quickly. Time limits
may be modified by agreement of the parties. If at any stage of this Grievance Procedure the
grievant is dissatisfied with the decision rendered, it shall be the grievant's responsibility to
initiate the action which 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.
Stens 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 of the incident causing the
grievance, or of the grievant's knowledge of the incident's occurrence. The date and the subject
of the incident should be provided with the request for the informal meeting.
A. Informal: Initially, the grieving employee shall, on a personal face-to-face basis,
discuss his/her complaint with his/her immediate supervisor informally. Within ten (10) working
days of the presentation of the grievance, the supervisor shall provide an oral response to the
employee.
B. Formal:
Ste~ I. Written Grievance to Supervisor: If a mutually acceptable solution has
not been reached in the informal process, the employee shall submit the grievance in writing to
his/her immediate supervisor. This must be accomplished within ten (10) working days of being
informed of the supervisor's informal decision. Within ten (10) 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 representative of his/her choice. In any event, the supervisor shall give a written decision
to the employee within ten (10) working days after receipt of the written grievance.
25
Fire Safety MOU
Sre.p 2. Meet with Division HeadlBattalion Chief: If the grievance has not been
satisfactorily resolved at the supervisor level, it may be appealed within ten (10) working days
to the Division Head, who may follow the steps outlined in Step 1 above. In any event, the
Division Head/Battalion Chief shall give a written decision to the employee within ten (10)
working days after receipt of the grievance. If the grievance has not been satisfactorily resolved
at this level, it may be appealed with ten (10) working days to the Chief.
SleD 3. Meet with Fire Chief or Desienee: Upon receipt of the grievance, the
Fire Chief or Designee may follow the steps outlined in Step 2 above. In any event, the Fire
Chief shall give a written decision to the employee within ten (10) working days after receipt
of the grievance. If the grievance has not been satisfactorily resolved at this level, it may be
appealed within ten (10) working days to the Director of Personnel.
Sre.p 4. Review by the Director of Personnel: Within ten (10) working days after
receiving the appeal, the Director of Personnel, or hislher designee, shall meet with the
employee, and, if the employee desires, the designated Union representative. The Director of
Personnel or designee shall deliver hislher answer, in writing, to the employee within ten (10)
working days after the meeting.
Stt:P 5. Final Ste.p:
I. If the grievance is still not adjusted, the aggrieved party may file a written
appeal with the City Administrator or hislher designated representative within ten (10) working
days from the date of delivery of said answer. State in writing the desired result.
2. The City Administrator or his/her designated representative shall deliver
his/her answer, in writing, within ten (10) working days after receipt of the appeal.
3. The decision of the City Administrator or his/her designated representative
is final and binding on all parties, unless reversed by a court decision.
4. All grievances shall be treated as confidential, and no publicity will be
given the final resolution of the grievance.
ARTICLE 41
POIV2nlDh Examination
No member shall be compelled to submit to a polygraph examination against his/her will.
No disciplinary action or other recrimination shall be taken against a member refusing to submit
to a polygraph examination, nor shall any comment be entered anywhere in the investigator's
notes or anywhere else that the member refused to take a polygraph examination, nor shall any
testimony or evidence be admissible at a subsequent hearing, trial or proceeding, judicial or
26
Fire Safety MOU
administrative, to the effect that the member refused to take a polygraph examination.
ARTICLE 42
Labor Manal!ement Committee
The Union will meet with Fire Department management at least once a year on a
mutually agreeable basis to discuss matters pertinent to the welfare of the Department and the
employees. Such matters will include, but not be Iimited to, Standard Operating
Procedures (SOP's) and the Policy Manual (PM) or the F1re Department. 'I'lm will be done
in an errort to create harmony between the Union and the City so that there Is no confusion
on either side as to the content, meaning and direction or the SOP and PM. The Union will
designate four (4) representatives to serve on the Committee. Either the Union or the City may
have additional members present, when mutually agreed upon in advance of a scheduled
meeting. Normally, such meetings shall be during regular working hours.
ARTICLE 43
Vacation & Holidav Sell-Back
Once per year, each person in the bargaining unit, who has passed probation, will be
granted the option of selling their vacation and holidays back to the City. Employees may sell
back prospective holiday and/or vacation time up to six shifts of holiday and ten shifts of
vacation. The Union has committed to encourage holiday sell-back at an annual savings of
$50,000 or more.
Holiday and/or vacation usage picks will be made no later than December 31st each year.
The Fire Department will provide this information to the Finance Department, by February 1st
of the following year. The Finance Department will process sell-back information for a lump-
sum payment on the first payday in March each year.
Individuals who do not use all of the available holidays within the calendar year will have
the balance of holiday hours remaining paid by the following March.
ARTICLE 44
Constant Staffinl!
The Fire Department will maintain its authorized staffing level. However, by attrition,
the Fire Department will reduce the total number of Fire Safety employees to the minimum level
required to operate each apparatus.
27
Fire Safety MOU
Based on the above paragraph, Fire management will notify the Union when the
Department is planning to fill Fire Safety employee vacancies. If the Union wishes to consult
with management on the impact of filling vacancies on constant staffing, it shall notify
management within seven (7) calendar days from receipt of notice. Upon request by the Union
within the seven (7) calendar-day period, both parties shall meet promptly in an earnest effort
to reach a mutually satisfactory resolution.
NOTE: ARTICLE 45, P-lIP-2 CLASSIFICATION REMOVED
ARTICLE 4S
Dru2 and Alcohol Testin2
Fire Safety employees with drivers' licenses of (1) Class "B" F/S with "X"
endorsement, (2) with Commercial Drivers' licenses or (3) Class "C" Drivers' licenses will
participate in drug and alcohol testing, following the reasonable suspicion Drug! Alcohol
Testing procedure implemented by the Police Department in July 1995.
ARTICLE 46
Union Securitv
A. No employee shall be required to become a member of the Union as a
condition of hislher employment or continued employment by the City, and there shall be
no discrimination against any employee on account of hislher membership or non-
membership in the Union.
B. It is recognized that employee mayor may not join the Union, at the
individual's discretion.
C. It is further recognized that the Union, as the exclusive bargllining
representative of all FIre Safety employees owes the same duties to all employees, whether
Union members or not, and provides benefits and services to all employees whether Union
members or not. Therefore, all employees shall, within thirty (30) days of the effective date
of this MOU or within thirty (30) days of the date of hire, whichever is later, either be a
member of the Union and pay Union dues or pay an agency fee to the Union in an amount
equal to the actual cost of representation which shall not exceed the uniform Union dues
assessed uniformly AgIIin~ all Union members. The Union shall notify non-members who
pay an agency fee of their rights, duties and responsibilities.
28
Fire Safety MOU
ARTICLE 47
Severabilitv
If any provision of this MOU is held by the proper legislative or judicial authority to be
unlawful, unenforceable, unconstitutional, or not in accordance with applicable statutes or not
applicable to Charter Cities, all other provisions of the MOU shall remain in full force and effect
for the duration of this MOU. If there is any conflict between the provisions of this MOU and
the provisions of federal, state or local government regulations, the provisions of the federal,
state or local government regulations shall be controlling. Upon the issuance of a decision
declaring any Article, section or portion of this MOU to be unlawful, unenforceable,
unconstitutional or not applicable to Charter Cities, the parties agree to meet and confer
immediately concerning only those Articles, sections or portions.
ARTICLE 48
Notice of Intent to Reonen
The parties agree that, if either party desires to propose changes in the terms or
conditions of this MOU for the period following expiration of this MOU, the City and Union
will strive to meet 60 days prior to the expiration of the MOU and discuss their intent to
negotiate. Such notice shall request a meeting to begin negotiations and establish ground rules
which shall include, at a minimum, the date beyond which no further proposals may be
submitted by either party.
ARTICLE 49
Term
With the exception of specific time frames and effective dates for individual Articles, this
MOU shall be effective from January I, 1997 through December 31, 1998.
ARTICLE SO
Prevailin2 Benefits
All benefits, privileges, and working conditions authorized for the members at the present
time, which are not included in this MOU, shall remain in full force during the term of this
MOU unless changed by mutual consent.
29
Fire Safery MOU
ARTICLE 51
Maintenant'f! of Benefits
Upon expiration of the MOU and until a new MOU has been negotiated between the
Union and the City, all articles in this MOU shall remain in run erred unless otherwise
stated in this MOU.
30
Fire Safety MOU
INDEX
TIfLE ARTICLE FAGE
Agency Personnel Rules 2 5
Court Fines 29 19
Constant Staffing 44 27
Deferred Compensation 14 12
Definition of Tenns 3
Drug and Alcohol Testing 45 28
Employee Representatives 39 23
Employees' Rights 5 6
Financial Disclosure 36 22
Grievance Procedure 40 24
HealthlRelated Insurance 17 13
Holidays 9 8
Investigation Rights 35 20
Labor Management Committee 42 27
Leave Provisions (Sick Leave, see Pg. 13 ) 16 13
Locker Search 37 22
Maintenance of Benefits 51 30
Management Rights 4 5
Medical Exams 12 11
31
Fire Safety MOU
TITLE ARTICLE fAGE
Nondiscrimination 3 5
Notice of Intent to Reopen 48 29
On-Call, Call-Back, Standby 30 19
Overtime 8 8
Paramedic Assignment 20 15
Payment of Unused Sick Leave 28 18
Payroll Deductions 19 15
Personnel Files 33 20
Political Activity 34 20
Polygraph Examination 41 26
Prevailing Benefits 50 29
Probationary Period 22 16
Re-Employment 21 16
Recognition I 5
Related Work Standards 25 17
ReplacingIRepairing Personal Property 31 19
Retirement Plan 15 12
Safety Committee 27 18
Safety Equipment 32 20
Seniority 24 17
Severability 47 29
32
Fire Safety MOU
TITLE ARTICLE fMm
Sick Leave 11 10
Term 49 29
Trading Time 18 14
Tuition Reimbursement 26 17
Union Security 46 28
Use of City Resources 38 23
Vacation 10 9
Vacation and Holiday Sell-back 43 27
Wages 6 7
Work Uniforms 23 16
Workweek 7 8
Workers' Compensation Injury 13 11
33
Fire Sqfety MOU
FIRE SAFETY EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
1997-1998
Mayor
City of San Bernardino
San Bernardino City Professional
Firefighters, Loca1 891
City's Designated Representative
ATTEST:
City Clerk
Approved as to form
and legal content:
I
. r