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. CITY' OF SAN BERQRDINO - REQUESTODR COUNCIL ACTION
From: Barbara Dillon
Dept: Personnel
Date: April 25. 1991
Sub~: Resolution implementing Memorandum of
Understanding between the City of San
Bernardino and the Fire Safety Employees
working in job classifications represented
by Fire Fighters Local B91
Synopsis of Previous Council action:
On ~pril 17. 1991. the Mayor and Common Council approved the proposal for the
Fire Safety employees during Executive session. Attached is the Resolution and
Memorandum of Understanding.
Recommended motion:
Adopt resolution
0aU''?'!'.Jd J G,c. Jy./ )//J7?
Signature
Contact person:
Barbara A. Dillon
Phone:
1R4-'ilfil
Supporting data attached:
Yes
Ward:
n/F4
FUNDING REQUIREMENTS:
Amount:
Source: (Acct, No.)
(Acct. DescriPtion)
Finance:
Council Notes:
~J;._n.,,..,
Agenda Item No
elF
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CITY OF SAN BEAQlADINO - AEQUESTO>>R COUNCIL ACTION
STAFF REPORT
Attached i. the Fire
(MOU). The MOU will
through July 1, 1992.
include:
safety Memorandum of Understanding
be in effect from January 1, 1991
The Financial highlights of the MOU
HEALTH INSURANCE
o
$90.89 additional
effective August
dependent or more.
monthly
1991, for
City contribution
employees with 1
o
Maintain
employee
employee
any
plus
plus
increases in premium for Kaiser
one, and Mission Dental High Option,
one.
FLEXIBLE STAFFING/VACATION AND HOLIDAY SELL-BACK
o Once per year, each person in the bargaining unit
will be granted the option of selling his/her
vacation and holidays back to the City. In the
final year the employee may sell back prospective
holiday and/or vacation time up to 6 shifts of
holiday and 10 shifts of vacation.
o The benefit of this proposal is to allow employees
to earn more without additional cost to the city.
This aids Fire Management in allocating staffing;
and results in approximate savings of $40,000 per
year - for vacations, and $43,000 per year for
holidays.
Several other changes were incorporated in the MOU; however,
the fiscal impact was negligible.
PD:STAFF.3
4/25/91
75.0264
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RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING
WAGES, HOURS, INSURANCE BENEFITS AND WORKING CONDITIONS FOR FIRE
3 SAFETY EMPLOYEES WORKING IN JOB CLASSIFICATIONS REPRESENTED BY
FIRE FIGHTERS, LOCAL 891.
4
5
6
WHEREAS, Resolution No. 90-106 establishing wages, hours,
insurance benefits and working conditions for Fire Safety
employees in job classifications, represented by Fire Fighters
7
Local 891, expired on November 30, 1990; and
WHEREAS, the City's representatives have met and conferred
with representatives in Fire Fighters Union, Local 891, to
negotiate a Memorandum of Understanding, in accordance with the
provisions of California Government Code Section 3500-3510; and
the Meyers-Mi1ias-Brown Act; and
WHEREAS, the City's representatives and the Union's
representati~es reached agreement on a Memorandum of
Understanding a copy of which is attached hereto and incorporated
herein, marked Exhibit "A", effective January 1, 1991 through
July 1, 1992; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Exhibit A to this resolution is hereby adopted
establishing wages, hours and working conditions for Fire Safety
employees, represented by Fire Fighters Local 891, bargaining
unit of the City of San Bernardino.
SECTION 2. The Mayor is hereby authorized and directed to
execute said MOU on behalf of the City of San Bernardino.
I HEREBY CERTIFY that the foregoing resolution was duly
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adopted by the Mayor and Common Council of the City of .
28
DCR/dys/fire.res
April 30, 1991
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1 RESOLUTION... ESTABLISHING WAGES . . . AND WORKING CONDITIONS
FOR FIRE SAFETY EMPLOYEES . . . REPRESENTED BY FIRE FIGHTERS,
2 LOCAL 891.
3
4
San Bernardino at a
meeting thereof, held on the
, 1991, by the fOllowing vote, to wit:
5
6
day of
AYES
NAYS
ABSTAIN
Council Members:
7 ESTRADA
8 REILLY
9 FLORES
10 MAUDSLEY
11 MINOR
12 POPE-LUDLAM
13 MILLER
14
15
16
17
18
19
City Clerk
The foregoing resolution is hereby approved this day
of
, 1991.
W. R. Holcomb, Mayor
20 City of San Bernardino
21 Approved as to
form and legal content:
22
23
24
25
26
27
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JAMES F. PENMAN,
City Attorney
BY:,~ 1. oL
{:,
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FIRE SAFE'l'Y
MEMORANDUM OF UNDERSTANDING (MOU)
TABLE OF CONTENTS
ARTICLE
TITLE
PAGE
Table of Contents
i
Definition of Terms
1
1
Recognition
3
3
2
Agency Personnel Rules
3
Nondiscrimination
4
4
5
6
7
8
9
Management Rights
Employees' Rights
.
4
6
6
9
9
Wages
Workweek
OVertime
Holidays
10
10
10
11
Vacation
Sick Leave
11
12
Workers' Compensation Injury
11
13
14
Deferred Compensation
Retirement Plan
11
12
12
13
14
15
Leave Provisions
16
Health/Related Insurance
17
Trading Time
18
19
20
Payroll Deductions
15
Pay for Paramedic Assignment
16
Re-employment
,17
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ARTICLE
TITLE PAGE
21
Probationary Period 17
Work Uniforms 17
22
23
Seniority 17
24
Related Work Standards 18
25
26
Tuition Reimbursement 18
Safety Committee 19
27
28
Payment of Unused Sick Leave 19
Educational/Longevity Pay 20
29
30
31
Court Fines 20
On Call, Call-back, Stand-by 20
Medical Exams 21
32
33
Replacing/Repairing Personal Property 22
Safety Equipment 22
34
Personnel Files 22
35
36
Political Activity 23
Investigation Rights 23
37
Financial Disclosure
4
27
38
Locker Search 27
39
Use of City Resources 28
40
41
Employee Representatives 29
Grievance Procedure 30
42
43
polygraph Examination 35
Labor Management Committee 35
44
Flexible Staffing/Vacation and Holiday
Sell-Back 36
45
Severability 36
/ / / /
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ARTICLB TITLB PAGB
46 Notice of Intent to Reopen 37
47 Term 37
48 Prevailing Benefits 37
Index 39
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FIRE SAFETY - MOU
AdlainistratJ.on:
AppoJ.ntJ.ng
AuthorJ.ty:
CJ.ty:
Cl.assJ.fJ.catJ.on:
Department:
DJ.vJ.sJ.on:
Empl.oyee Publ.J.c
Safety OffJ.cer:
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April 30, 1991
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DEFINITION OF TERMS
.
Shal.l include any elected or appointed
official of the City and any employee of the
City whose job classification is Management
or Confidential employee.
Fire Chief, Deputy Chief or Assistant Chief
of the City of San Bernardino Fire
Department.
The City of San Bernardino.
Fire Fighter, Fire Investigator, Engineer,
Captain.
Additional titles may be
established by the Mayor and Common Council,
but titles for local safety members of the
Fire Department shall be placed in the
classification having the most nearly equal
duties and responsibilities.
San Bernardino City Fire Department.
Division shall refer to anyone of the major
Divisions of the Department.
.
The term "employee" shall include all Safety
personnel within the Fire Department
bargaining unit.
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FIRE SAFETY - MOU
Elaployee
Organ1.zation:
San Bernardino and Rialto Fire Fighters
Union, Local 891.
Employer:
Shall include the City of San Bernardino,
the Fire Department, or any Management or
Administrative representative or Elected
Official thereof.
Mandatory and
penaissive:
"Shall" is mandatory, "May" is permissive.
Shall include Fire Safety Personnel as
Member:
defined by Section #20021 of the Government
Code in the classifications listed herein.
MOU:
Memorandum of Understanding
Means a twenty-four hour ,duty for the Fire
Shift:
Department except for the positions of Fire
Chief, Deputy Chief, or Assistant Chief,
local safety members working in the Fire
Prevention Bureau, and such members as may
hereafter be granted a forty hour average
work week.
For pay purposes only, one
twenty-four hour shift is equivalent to
twenty-four hours.
Singular and
Plural: The singular also includes the plural.
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April 30, 1991
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The present tense shall also include the past
and future.
Tense:
Union:
San Bernardino and Rialto Fire Fighters'
Union, Local 891.
ARTICLE 1
Recognition
Formal recognition of the Union is acknowledged for purposes
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of meeting and conferring on wages, hours and other terms and
conditions of employment and of general representation of its
members.
The Union has been recognized formally as the majority
representative of Fire Fighters, Fire Investigators, Engineers
and Captains of the San Bernardino Fire Department.
ARTICLE 2
Agency Personnel Rules
It is understood and agreed that there exists within the
City in written or unwritten form, certain personnel rules,
policies, practices and benefits; Resol~tion No. 10584,
Establishing Uniform and Orderly Methods of Communications
between the City and its Employees for the Purpose of Promoting
Improved Employer-Employee Relations, as amended, and Resolution
No. 10585, adopting Rules and Regulations relating to employer-
employee relations, as amended, which documents will continue in
effect, except for those provisions modified by the Common
Council in accordance with State Laws, orders, regulations,
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official instructions or policies. In case of proposed changes,
by other than agreement, the Union shall be consulted with prior
to these changes. In cases of emergency, the Union and City will
meet as soon as possible after the change.
ARTICLE 3
Nondiscrt.dnation
The provisions of this Memorandum of Understanding (MOUl
shall be applied equally by the City and the Union, to all
employees covered hereby without favor or discrimination because
of race, sex, age, national origin, or political or religious
opinions or affiliations.
.
ARTICLE .&
Management Rights
This MOU shall not be deemed to limit or curtail the City
in any way in the exercise of the rights, powers, and authority
which the City had prior to adopting this MOU, except to the
extent that the provisions of the MOU specifically curtails or
limits such rights, powers, and authority. Furthermore, the City
retains all its exclusive rights and authority under City
Charter, Ordinance, Resolutions, State and Federal Law, and
expressly and exclusively retains its management rights, which
include but are not limited to: the exclusive right to determine
the mission of its constituent departments, commissions, d
boards; set standards of selection for employment and promotions;
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direct its employees; establish and enforce dress and grooming
standards; determine the methods and means to relieve its
employees from duty because of lack of work or other lawful
reasons sUbject to applicable Civil Service Rul~s and procedures;
maintain the efficiency of governmental operations; determine the
content and intent of job classifications; determine methods of
financing; determine style and/or types of City-issued wearing
apparel, equipment or technology to be used; determine and/or
change the facilities, methods, technology, means, organizational
structure and size and composition of work force and allocate and
assign work by which the City operations are to be conducted
provided, however, that no such measures as threaten the safety
of employees shall be adopted; determine and change the number of
work locations, relocations, and types of operations, processes
and materials to be used in carrying out all City functions
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including, but not limited to, the right to contract for or sub-
contract any work or operations of the City; assign work to and
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schedule employees in accordance with requirements as determined
by the City and establish and change work schedules and
assignments upon reasonable notice; establish and modify
productivity and performance programs and standards; discharge,
suspend, demote, reprimand, withhold salary increases and
benefits, except such as are mandated by City Charter, or
otherwise discipline employees in accordance with the applicable
law; establish employee performance standards including, but not
limited to, quality and quantity standards; qnd carry out its
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mission in emergencies, and exercise complete control and
discretion over its organization and the technology of performing
its work.
ARTICLE 5
Employees' R~ghts
Employees shall have all the rights which may be exercised
in accordance with state Law, the Charter, and applicable
ordinances, resolutions, rules and regulat~ons including the
right to:
A.
Form, join and participate in the activities of
employee organizations of their own choosing for the
purpose of representation on all matters of employer-
employee relations.
B.
Refuse to join or participate in the activities of
employee organizations and the right to represent themselves
individually in their employment relations with the City.
Be free from interference, intimidation, restraint,
C.
coercion,
.
discrimination, or reprisal by other employees,
employee organizations, management or supervisors, as a
result of their exercise of rights indicated in (a) and (b)
above.
ARTICLE 6
A.
Wages
During the term of this MOU, the monthly salaries of
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Local Safety members of the San Bernardino Fire Department
included in classifications Firefighter, Fire Investigator,
Engineer, Captain, and additional classifications within as
may be established by the Mayor and Common Council shall be
fixed annually on August 1 of each year at the amount equal
to the arithmetic average of the monthly salaries, paid or
approved for payment to Local Safety members of like or
most nearly comparable positions of ten California cities
with populations of between 100,000 and 250,000 as shown in
the latest Annual Report of Financial Transactions of
California Cities published by the State Controller.
B.
The ten cities used for fixing the monthly salaries
shall be those ten cities remaining from an original and
complete list of all California cities in the 100,000 to
250,000 population range based on the latest Annual Report
of Financial Transactions of California Cities, published
by the State Controller after representatives of the City
and the appropriate recognized employee organization have
alternately struck the names of cities from the list one at
a time until the names of ten cities remain. The
representatives to strike the first name from the list
shall be determined by lot.
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C.
In the event one or more of the ten cities does not
have one or more of the comparable position classifications,
the monthly salary for the particular classification shall
be computed as the arithmetic average of the next highest
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and next lowest comparable position classification of that
City.
D.
The salaries paid in Step "A" shall be the same as the
.
arithmetic average of the starting salaries of the
comparable positions in the ten cities and the salaries
paid in step "E" shall be the same as the arithmetic
average of the top salaries paid in comparable positions in
the ten cities. The salaries paid in step "B", "C"and "0"
shall be fixed at amounts which will cause the Local Safety
members in the San Bernardino Fire Department to advance
from the starting steps to the maximum pay steps in
approximately equal salary advances.
E.
New employees shall be hired at the, "A" step of the
established base salary range except as otherwise provided
in this MOU.
F.
Any Local Safety member of the Fire Department
temporarily acting in a position in a higher rank a during
period of absence of the incumbent or during a vacancy in
the position for more than ten consecutive working days or
five consecutive shifts, shall receive the same salary for
the higher rank to which he would be entitled, were he
promoted to that rank during the period in which the
employee is acting in the higher rank.
The Fire Chief
shall certify as to the assignment and the period of time
worked in the higher rank to validate entitlement to the
.
higher salary.
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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
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OVertime
Overtime worked in excess of the above average work week
shall be paid at the applicable time and one-half overtime rate
under either the Fair Labor Standards Act or Charter Section 186.
A.
PolJ.cy:
It is the pOlicy of the City to discourage
overtime except when necessitated by abnormal or
unanticipated workload situations.
The City has the right
to require overtime to be worked as necessary.
Consistent
with this pOlicy, the Fire Chief, Deputy Chief and Battalion
Chiefs, will make every effort to assign overtime evenly
among the employees with similar skills or assignments.
B.
DefJ.nition:
Overtime is defined as all hours worked
in excess of the regularly scheduled work week. All
overtime shall be reported in increments of fifteen minutes
and is non-accumulative and non-payable when incurred in
units of less than fifteen minutes.
HOliday leave, sick
leave, vacation leave and court time shall be considered as
time worked for purposes of computing overtime compensation.
C.
Compensation:
Payment for overtime shall be made ~n
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the first regular payday following the pay period in which
overtime is worked, unless overtime compensation cannot be
computed until some later date, in which case overtime will
be paid on the next regular payday after such computation
can be made.
ARTICLE 9
HOlidays
All members within the bargaining unit shall be entitled to
twelve hOlidays per year or six shifts per year.
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ARTICLE 10
Vacation
All members within the bargaining unit shall be entitled to
annual paid vacation as follows:
Completed Years of Days/Shifts of Rate of Accrual
Continuous Service Paid Vacation Per Month
1 10 days or 5 0.833 working days
shifts
10 15 days or 7 1/2 1.25 working days
shifts
20 20 days or 1. 667 working days
shifts
Members will be permitted to carry over all or a portion of
vacation credit into the next succeeding year with the
concurrence of the Fire Chief, provided that accrued vacation
credit does not exceed vacation credit for two years at any time.
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Resolution No. 6433, Section Eleven, shall remain in effect
where applicable to the bargaining unit members.
ARTICLE 11
Sick Leave
All members will be authorized to use earned sick leave
after six months of continuous employment with the City.
Sick
leave will accrue at the rate of one day per month or at a rate
of 3.7 hours per pay period for employees scheduled to work forty
hours per week, or 1/2 shift per month or 5.538 hours per pay
period for shift employees, not to exceed twelve days per year or
six shifts per year, with no limit as to the number of
days/shifts that may accrue. For purposes of usage, two sick
days shall equal one shift. Resolution No 6483, Section Five,
shall remain in effect where applicable to the bargaining unit
members.
ARTICLE 12
Workers' CoIIIpensation Injury
Members will have a choice of Doctor and Hospital for work
related injuries, in accordance with existing State Labor Code.
ARTICLE 13
Deferred Compensation
The City shall continue to sponsor a deferred compensation
plan which shall be available to employees on a VOluntary basis.
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ARTICLB 14
Retire.ent Plan
The City shall continue to participate in an employees'
retirement plan for Public Safety Officers, by contract with the
California Public Employees' Retirement System (PERS) under the
current "2% at age 50" formula.
The City will contract with PERS to additionally provide
the "highest 12 month" retirement formula and Mil i tary Service
Credit.
The City shall continue to contract with PERS to provide
the 1959 Survivor Benefit, Third Level.
The City will pay seven percent (7%) of the members'
contribution to PERS credited to the employee's account as a
fringe benefit.
ARTICLB 15
Leave Provisions
4
The provisions of City Resolution No. 6433, as amended, as
of April 6, 1978, concerning sick leave, injury leave, vacation,
hOliday leave, leave of absence without pay and other leave, as
they apply to Fire Safety personnel, shall remain in effect,
except as they are modified by this MOU.
Employees elected to the Union Board shall be granted time
off to perform official Union functions, including attendance at
conventions, conferences, and seminars, without loss of pay up to
a maximum of 288 hours total time per calendar year in the
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aggregate for such employees.
This time is cumulative up to a
maximum of 576 hours.
ARTICLE 16
Health/Related Insurance
A.
Effective August 1, 1991, the City shall contribute
full payment for each employee and one dependent, based on
the cost of the Kaiser premium. In addition, the City will
provide full payment of the Mission Dental High Option
plan, for the employee and one dependent.
The Ci ty' s
contribution will increase to cover the increase in the
Kaiser premium and the Mission Dental plan during the term
of this MOU.
The City shall contribute the following
amounts for the purchase of insurance benefits offered by
the City, effective August 1, 1991:
$152.61 for employees
with no dependents, and $314.89 for employees with one or
more dependents.
Any contribution not utilized by an
employee shall revert to the City.
B.
Insurance benefits available for purchase by employees
include medical, dental, vision, life, long-term
disability, and accidental death and dismemberment
insurance.
C.
An employee must purchase medical insurance offered
through the City in order to utilize the contributions
described in Section A.
D.
In addition to the contribution described in Section
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A, the City shall contribute a maximum of $16.00 per month
per employee to be used exclusively fo~ the purchase of
medical insurance benefits.
E.
Employees may use any of the amounts described in
Section A to purchase any or all of the insurance benefits
described in Section B.
F.
Cafeteria monies may be redesignated or a change of
plans may be made in accordance with the rules established
G.
by the insurance plan selected by the employee.
The City shall provide each employee with $3,000 life
insurance.
H.
An employee may not add another City employee as a
dependent, or be added to another employee's City health
plan as a dependent, in order to receive "double coverage".
ARTICLB 17
Trad1.ng Time
Subject to the authorization of the Fire Chief, Deputy
Chief, or Battalion Chief, members in the bargaining unit should
be allowed to trade time with other employees of equal ability on
the following basis:
A.
Trading time shall be with persons of equal ability and
be agreeable with both parties and shall be requested in a
memo signed by both employees.
.
B.
In the event one part of a trade (either first part .r
second part) is not fulfilled for any reason, the employee
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not fulfilling his/her part shall owe the department for the
amount of time missed. This shall be designated as an owed
department payback at straight time. In the event the above
does occur the employee who did not fulfill his/her part may
turn down a payback one time but must accept the payback on
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the second request.
ARTICLE 18
Payroll Deductions
It is agreed that Union membership dues, insurance and
premiums for plans sponsored by the Union shall be deducted by
the City from the pay warrant of each employee covered hereby who
files with the City a written authorization requesting that such
deduction be made.
Remittance of the aggregate amount of all
membership dues and insurance premiums deducted from the pay
warrants of employees covered hereby shall be made to the Union
wi thin thirty days after the conclusion of the month in which
said membership dues and insurance premiums were deducted.
The City shall not be liable to the Union, employees, or
any other persons by reason of the requirements of this Article
for the remittance of any sum other than that constituting actual
deductions made from employee wages earned. The Union shall hold
the City harmless for any and all claims, demands, suits, orders,
judgments or other forms of liability that may arise out of or by
reason of action taken by the City under this Article.
/ / / /
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ARTICLE 19
Pay for Par_die AssignDlent
Pay for paramedic duty shall be paid as listed below to
personnel certified as "active" by the Fire Chief:
Year
Amount
2+
$200/month
$250/month
$300/month
0-1
1-2
Only those individuals approved by the ~Fire Chief shall
receive additional compensation as noted above.
No pay for
paramedic service will be received for extended period of absence
from paramedic duties due to injury, illness or reassignment to
non-paramedic duties.
A Recertification Bonus is offered starting January 1,
1990, as follows:
A.
For paramedics recertifying after completion of
probation;
B.
Paramedics use own time for earning Continuing
Education Units;
C.
City reimburses paramedic for recertLfication fees upon
successful recertification;
D.
If candidate fails, the repeat testes) will be paid by
the individual;
E.
Paramedic receives $250 upon successful completion of
each three month period in the program during the first year
/ / / /
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following recertification for a maximum available bonus of
$1000.00.
ARTICLE 20
Re-employment
A member who has terminated City employment, and who is
subsequently rehired in the same classification in a regular
position within a ninety day period, may receive restoration of
salary step.
Seniority shall begin anew as of the rehire date.
All other authorized benefits shall accrue as of the date of
rehire.
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ARTICLE 21
Probationary Period
The probationary period for positions in this unit shall be
twelve months from the date of hire.
ARTICLE 22
Work uniforms
The City will furnish, and replace as needed, four work
shirts and three pairs of work trousers to each member.
ARTICLE 23
Seniority
Seniority is herein defined to be an empLoyee's length of
service, with no break in service, within the Fire Department
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and/or classification to which the employee is presently
assigned.
The Department may use seniority in vacation
scheduling, shift assignments and transfers within
classifications.
ARTICLE 24
Related WOrk Standards
During the term of this MOU, the City and the Union agree
to meet and confer on related work standards as used in job
descriptions in an effort to establish reasonable guidelines for
employees in that unit.
ARTICLE 25
Tuition Re:Laburse.ent
The City will continue, under its formalized procedures, to
pay tuition costs for members who complete job $elated courses of
instruction, with a grade consistent with the City's affirmative
action policy, which will increase their value to the City. The
amount of reimbursement shall be the equivalent of the tuition
costs for six units per quarter as charged by the California
State University, San Bernardino, or one and one-half times that
amount if based on a semester system.
Reimbursement for books
required for the approved course or courses may be authorized,
provided such books are tendered to the City at the time
reimbursement for tuition is requested.
/ / / /
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ARTICLB 26
Safety Cu ittee
The City Incident Review Board meets at least monthly to
review vehicular accidents/incidents which, after initial
assessment by the Risk Management Division, may have been
preventable.
The Union may select one of its members to participate as a
member of the Incident Review Board when the ,Board reviews an
accident/incident in which Fire personnel are involved. The
Chairman of the Review Board will inform the Union of the date
and time of Board meetings which will review such incidents, at
least forty-eight hours in advance.
ARTICLB 27
pav-nt of Unused Sick Leave
After completion of five years of continuous full time
employment with the City, every member shall, upon retirement or
death, receive compensation for accumulated, unused sick leave,
as follows:
A.
.
50% of the first 1120 hours for 40 hour per week
employees (560 hours) and 50% of the first 1680 hours for 56
hour per week employees (840 hours);
25% of all unused sick leave over the above amounts.
B.
/ / / /
/ / / /
/ / / /
I
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ARTICLB 28
.
Educational./Longevity Pay
The City will pay $75.00 per month Educational/Longevity
pay above base rate to each member who has had a minimum of ten
years of continuous ful.l time employment with the City and has
presented adequate proof that he has earned 20 semester units or
30 quarter units of Fire Science courses, as defined by the
California State Department of Education Fire Science Curriculum
or other job related courses as defined by the Fire Chief.
ARTICLB 29
Court Fines
The City shall pay for court fines imposed upon each member
as a result of his conviction of a traffic violation when such
member was directed to operate any faulty vehicle or vehicular
equipment which was the proximate cause of the mechanical or
other traffic violation, provided that such violation did not
result from improper or negligent operation of the vehicle on
the part of the member.
ARTICLB 30
On Cal.l., Cal.l.-back, Stand-by
Any employee on "on-call" status will rli\ceive four hours
pay for all or any portion of a twenty-four hour day. If "called
back" any time within the first four hours of "on-call", the time
worked will be deducted from the four hours "on-call".
If the
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"call-back" occurs after four hours expire, "call-back" time will
be clocked from the time the employee receives the call to
report.
Compensation for that time is in addition to the "on-
call" status.
~
In the event an employee is placed on "standby" for court
subpoena, the employee will receive three hours "standby" pay.
If the employee is called to court and does not go beyond 1200
hours on that day, it will be considered part of the three hours
"standby". If the employee has to appear after the noon recess,
any additional time will be added to the three hours "standby"
plus one-half hour travel time. In cases where the subpoena is
for 1330 hours, or another time, the "standby" will start with
time stated on the subpoena. In those cases where the subpoena
is for 1330 or later, the employee's time will be computed at the
amount of time between the time of subpoena an~ 1700, plus thirty
minutes travel time.
In the event the employee is required to
pay parking fees, the employee will be reimbursed.
I f the
employee is required to stay through noon recess, he will be paid
for the actual time spent. All "standby", "on-call" and "call-
back" pay will be at the regular straight rate.
ARTICLE 31
Medical b_
The City shall pay medical fees for the physical examination
of any fire safety member when such examination is required and
directed by the City. If an employee opts to go to his/her own
~
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doctor, on his/her own time, the City will reimburse the employee
up to the amount of the City rate for the exam.
The City will
not reimburse the employee for time spent at the doctor's office.
ARTICLE 32
Replacing/Repairing Personal Property
The City shall continue to provide for the cost of replacing
or repairing personal property, of any employee~ which is lost or
damaged in the performance of duty, as provided in Administrative
Directives.
ARTICLE 33
Safety Equi~nt
All employees who are required by state law to have safety
equipment will be furnished the required safety equipment.
ARTICLE 34
Personnel Files
No member shall have any comment adverse to his interest
entered in his personnel file, or any other file used for any
personnel purposes by his employer, without the member having
first read and signed the instrument containing the adverse
comment indicating he is aware of such comment, except that such
entry may be made if after reading such instrument the member
refuses to sign it. Should a member refuse to sign, that fact
/ / / /
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should be noted on the document, and signed or initialed by such
member.
A member shall have thirty days within which to file a
written response to any adverse comment entered in his personnel
file.
Such written response shall be attached to, and shall
accompany, the adverse comment.
ARTICLB 35
Political Activity
Except as otherwise provided by law, no member shall be
prohibited from engaging, or be coerced or required to engage in
~
political activity.
No member shall be allowed to engage in
political activity when in uniform or on duty.
ARTICLB 36
Investigation Rights
When any member is under investigation and subjected to
interrogation by the Fire Chief or any other member of the Fire
Department, which could lead to punitive action, such
interrogation shall be conducted under the following conditions.
For the purpose of this Article, punitive action is defined as
any action which may lead to dismissal, dem~tion, suspension,
reduction in salary, written reprimand, or transfer for purposes
of punishment.
A.
The interrogation shall be conducted at a reasonable
hour, preferably at the time when the member is on duty, or
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during the normal waking hours for the member.
If such
interrogation does occur during off-duty time of the member
being interrogated, the member shall be compensated for such
off-duty time in accordance with regular department
procedures, and the member shall not be released form
employment for any work missed unless the seriousness of the
investigation requires otherwise.
B.
The member under investigation shall be informed prior
to such interrogation of the rank, name and command of the
official in charge of the interrogation, the interrogating
.
official, and all other persons to be present during the
interrogation.
All questions directed to the member under
interrogation shall be asked by and through no more than two
interrogators at one time.
C.
The member under investigation shall be informed of the
nature of the investigation prior to the interrogation.
D.
The interrogating session shall be for a reasonable
period taking into consideration the gravity and complexity
of the issue being investigated.
The person under
interrogation shall be allowed to attend to his own
personal physical necessities.
E.
The member under interrogation shall not be subjected
to offensive language or threatened with punitive action,
except that a member refusing to respond to questions or
submit to interroga~ions shall be informed that failure _0
answer questions directly related to the investigation or
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April 30, 1991
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interrogation may result in punitive action. No promise of
reward shall be made as an inducement to answer any
question.
The employer shall not cause the member under
interrogation to be subjected to visits by the press or news
media without his express consent nor shall his home address
or photograph be given to the pres or news media without his
express consent.
F.
The complete interrogation of a member may be recorded.
If a tape recording is made of the interrogation, the member
shall have access to the tape if any further proceedings are
contemplated or prior to any further interrogation at a
subsequent time.
The member shall be entitled to a
transcribed copy of any notes made by a stenographer or to
any reports or complaints made by investigators or persons,
except those which are deemed by the investigating agency to
be confidential. No notes or reports which are deemed to be
confidential may be entered in the member's personnel file.
The member being interrogated shall have the right to bring
~
G.
his own recording device and record any and all aspects of
the interrogation.
If prior to or during the interrogation of a member it
is deemed that he may be charged with a criminal offense, he
shall be immediately informed of his constitutional rights.
H.
Upon the filing of a formal written statement of
charges or whenever a interrogation focuses on matters
which are likely to result in punitive action against any
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April 30, 1991
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member, that member, at his/her request, shall have the
right to be represented by a representative of his choice
who may be present at all times during such interrogation.
The representative shall not be a person subject to the same
investigation.
This Article shall not apply to any interrogation of a
member in the normal course of duty, counseling, instruction, or
informal verbal admonishment by, or other routine or unplanned
contact with a supervisor or any other member, nor shall this
section apply to an investigation concerned solely and directly
with alleged criminal activities.
Lawful ezercise of rights: insubordination: adainistrative
appeal:
( a) No member shall be subj ected to puni ti ve action,
or denied pro~otion, or be threatened with any such
treatment, because of the lawful exercise of the
rights granted under this Article, or the exercise of
any rights under any existing administrative grievance
procedure.
Nothing in this Article shall preclude a head of
any agency from ordering a member eo cooperate with
other agencies involved in criminal investigations.
If a member fails to comply with such an order, the
agency may officially charge him with insubordination.
(b) No punitive action, nor denial of promotion on
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April 30, 1991
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grounds other than merit, shall be undertaken by any
public agency without providing the member with an
opportunity for administrative appea~
ARTICLE 37
Financial Disclosure
No member shall be required or requested for purposes of
job assignment or other personnel action to disclose any item of
his property, income, assets, source of income, debts, or
personal or domestic expenditures (including those of any member
of his family or household) unless such information is obtained
or required under a state law, City policy, or proper legal
procedure, tends to indicate a conflict of interest with respect
to the performance of his official duties, or is necessary for
the employing agency to ascertain the desirability of assigning
the member to a specialized unit in which there is a strong
possibility that bribes or other improper inducements may be
offered.
ARTICLE 38
Locker Search
No member shall have his/her locker, or other space for
storage that may be assigned to them, searched, except in the
employee's presence, or with his/her consent, or unless a valid
search warrant has been obtained or where the member has been
.
notified that a search will be conducted.
This section shall
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apply only to lockers or other spaces for storage that are owned
or leased by the employing agency.
ARTICLE 39
Use of City Resources
The Union may be granted permission to use Department
.
facilities for the purpose of meeting with employees to conduct
its internal affairs provided space for such meetings can be made
available without interfering with City needs. Permission to use
facilities must be obtained by the Union from the Chief or
designated representative.
The Union shall be held fully
responsible for any damages and for the security of any facility
that is use by the Union.
The Department will furnish adequate bulletin board space
where currently available.
Only areas designated by the
appointing authority may be used for posting notices. Bulletin
Boards may be used for the following notices:
(a) Scheduled Union meetings, agenda and minutes;
(b) Information on Union Elections and the results;
(c) Information regarding Union special, recreational and
related bulletins;
(d) Reports of official business of Union including
reports of committees or the Board of Directors;
(e) Pay scales, job announcements, promotion lists, etc.;
( f) Such other items as may be approved by the Department
management upon request of the Union.
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Posted notices shall not be obscene, or defamatory, nor
shall--'they. advocate election or defeat of candidates for public
office. All notices to be posted may be dated and signed by an
authorized representative of the Union and should have the prior
written approval of the Chief or his authorized representative.
ARTICLE 40
Employee Representatives
When requested by a member of the unit, a job representative
may investigate any alleged grievance in the Department and
assist in its presentation. The representatives shall be allowed
reasonable time therefor during working hours without loss of
time or pay, upon notification and approval of their immediate
supervisor with the concurrence of the appropriate Division or
Fire Chief. The privilege of a Job Representative to leave their
work during work hours without loss of time or pay is subject to
the understanding that the time will be devoted to the proper
handling of grievances and will not be abused. Such time shall
be excluded in any computation of overtime. Job Representatives
will perform their regularly assigned work at all times, except
when necessary to leave their work to handle grievances as
provided herein. A Job Representative will not be granted time-
off, or compensation, for the purpose of handling grievances
outside this unit. The Union shall notify the City of names of
each Job Representative.
Anyone not on the list will not _e
recognized.
A ratio of one Job Representative for every sixty
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permanent employees in the unit, but not less than four shall be
recognized by the City.
ARTICLB 41
Grievance Procedure
PURPOSB: The City of San Bernardino and the Union realize
the importance of a viable Grievance Procedure to aid in the
resolution of disputes among employees, supervisors, and
management.
It is recognized that, to maintain high employee
morale and harmonious relations, an orderly method of processing
a grievance is necessary.
This procedure is intended to establish a systematic means
to process a grievance and to obtain fair and proper answers and
.
decisions regarding employee complaints.
The representatives of
employees and management at all levels will make continuing
efforts to secure prompt disposition of grievances. Every effort
should be made to resolve grievances in the informal process.
The initiation of a grievance in good faith by employees
shall not cast any adverse reflection on their standing with
their supervisors or their loyalty as City employees, nor be a
reflection on the employees' supervisors or the department
involved, unless it is determined that such department or
supervisors have grossly abused management discretion or the
employees have grossly abused the grievance process.
DBFINITION OF A GRIEVANCE:
A grievance is an alleged
violation of the terms of this MOU. Only the employee aggrieved
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April 30, 1991
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by supervisory or management action may file a grievance.
Appeals a~-s1ng out of Civil Service examinations shall be
submitted directly to the Civil Service Board.
Allegations of
discrimination shall be submitted to the Affirmative Action
Officer. Once one of the above processes has begun, it shall be
the exclusive remedy for the Union.
REPRESENTATION: The aggrieved employee shall have the
right to be represented. This representation may commence at any
step in the Grievance Procedure.
Legal Counsel and/or official
representatives of the recognized employee organization only can
represent the employee.
No person hearing a grievance need
recognize more than one representative for any employee at any
one time, unless the person hearing the grievance so desires. If
the employee's Legal Counsel is not from the formally recognized
employee organization, a representative of that formally
recognized organization may attend the grievance hearing to
insure that the solution reached does not vio;J.ate the terms of
this MOU.
CONSOLIDATION OF GRIEVANCES: I nor d e r t 0 a v 0 i d the
necessity of processing numerous similar grievances at one time,
a single "class" grievance may be filed.
TIME LIMITATIONS:
Time limits are established to settle a
grievance quickly. Time limits may be modified by agreement of
the parties.
If at any stage of this Grievance Procedure the
grievant is dissatisfied with the decision rendered, it shall be
the grievant's responsibility to initiate the action which
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submits the grievance to the next level of review. The grievant
may proceea-~o-tne next step 1f- a review10g official does not
respond within the time limits specified. A formal grievance may
be entertained in or advanced to any step if the parties jointly
so agree.
STEPS IN THE GRIEVANCE PROCEDURE: The procedures outlined
herein constitute the informal and formal steps necessary to
resolve an employee's grievance.
An attempt to settle a
grievance in the informal structure at the employee-supervisor
level is required.
The grievance must be submitted to the
Informal Step within ten working days after the employee is aware
of the conditions precipitating the grievance.
1) InforDIa1:
Initially, the grieving employee shall, on a personal
face-to-face basis, discuss his/her complaint with his/her
immediate supervisor informally. Within ten working days,
the supervisor shall give the decision to the employee
orally.
2 ) Formal. :
Step 1.
Written Grievance to Supervisor
~
If a mutually acceptable solution has not been reached
in the informal process, the employee shall submit the
grievance in writing to his/her immediate supervisor. This
must be accomplished within ten working days of being
informed of the supervisor's informal decision. Within ten
working days of receiving the written notification of the
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employee's grievance, the supervisor may meet with the
employee and thoroughly discuss --the ~grievance. The
employee may appear personally and may be represented by a
representative of his/her choice.
In any event, the
supervisor shall give a written decision to the employee
within ten working days after receipt of the written
grievance.
St:ep 2.
Meet: with Division Head
If the grievance has not been satisfactorily resolved
at the supervisor level, it may be appealed within ten
working days to :he Division Head who may follow the steps
outlined in Step 1 above. In any event, the Division Head
shall give a written decision to the employee within ten
working days after receipt of the grievance. If grievance
has not been satisfactorily resolved at this level, it may
be appealed within ten working days to the Chief
St:ep 3.
Meet: with Fire Chief
Upon receipt of the grievance, the Chief may follow
the steps outlined in Step 2, above.
In any event, the
Chief shall give a written decision to the employee within
ten working days after receipt of the grievance.
If the
grievance has not been satisfactorily resolved at this
level, it may be appealed within ten working days to the
I
I
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Director of Personnel.
~
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St:ep 4.
Review by t:he Direct:or of Personnel
Within ten working days after receiving the appeal,
DCR/dys/fire.mou
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FIRE SAFETY - MOU
the Director of Personnel shall review the matter and give
a decision.
If the grievance has not been satisfactorily
resolved by the Director of Personnel, the appeal may be
made with ten working days to the City Administrator.
step 5.
Final step
.
a.
If the grievance has not been satisfactorily
resolved, the employee may appeal to the City
Administrator.
Such appeal must be made within ten
working days, in writing, accompanied by the report of
the Director of Personnel.
b.
The City Administrator will be advised of the
general nature of the case and will set a time, date
and place for hearing the grievance within thirty
calendar days.
The grievant and the Department will
be notified of the date, time and place of the
hearing.
pre-hearing conferences will be held as
c.
necessary.
Witnesses or documentary evidence will be
d.
provided by each of the parties prior to the hearing.
The decision of the City Administrator will be in
writing and transmitted to the parties within ten
working days after the close of the hearing. The City
Administrator's decision is final and binding on all
parties, unless reversed by court decision.
/ / / /
/ / / /
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April 30, 1991
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e.
All grievances shall be treated as confidential
-~ no publicity will-be-given the final resolution of
the grievance.
ARTICLE 42
Polygraph EzamJ.nation
No member shall be compelled to submit to a polygraph
examination against his/her will.
No disciplinary action or
~
other recrimination shall be taken against a member refusing to
submit to a polygraph examination, nor shall any comment be
entered anywhere in the investigator's notes or anywhere else
that the member refused to take a polygraph examination, nor
shall any testimony or evidence be admissible at a subsequent
hearing, trial or proceeding, judicial or administrative, to the
effect that the member refused to take a polygraph examination.
ARTICLE 43
Labor ManagMl8llt C---ittee
The Union will designate four representatives who will meet
with representatives of the Fire Department management on a
mutually agreeable basis to discuss matters pertinent to the
welfare of the Department and the employees. The Union may have
additional representatives present when appropriate for the
discussion of scheduled matters. Normally such meetings shall be
during regular working hours.
/ / / /
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ARTICLB 44
" ?1...J.ble Staff:l:ng/Vacat.ion and Hol.iday Sell-Back
Once per year, each person in the barga.in.ing unit will be
granted the option of selling his/her vacat.ion and holidays back
to the City. In the employee's f.inal year the employee may sell
back prospect.ive holiday and/or vacation t.ime up to six shifts of
hol.iday and ten shifts of vacation.
Th.is f.inal year sell-back
shall be converted to salary and reported to the Public
Employees' Retirement System as such.
ARTICLB 45
Severab.il.ity
~
If any provis.ion of this MOU is held by the proper
legislative or judicial authority to be unlawful, unenforceable,
unconstitutional, or not in accordance with applicable statutes
or not applicable to Charter Cities, all other provisions of the
MOU shall remain in full force and effect for the duration of
this MOU.
I f there is any conflict between the provisions of
this MOU and the provisions of federal, state or local government
regulations, the provisions of the federal, state or local
government regulations shall be controlling.
Upon the issuance
of a decis.ion declaring any Article, section or portion of this
MOU to be unlawful, unenforceable, unconstitutional or not
applicable to Charter Cities, the parties agree to meet and
confer immediately concerning only those Art.icles, sections or
portions.
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ARTICLE 46
Notice of Intent to Reopen
The parties agree that, if either party desires to propose
changes in the terms or conditions of this MOU for the period
following expiration of this MOU, the City and Union will strive
to meet 60 days prior to the expiration of the MOU and discuss
their intent to negotiate. Such notice shall request a meeting
to begin negotiations and establish ground rules which shall
include, at a minimum, the date beyond which no further proposals
may be submitted by either party.
ARTICLE 47
Terlll
This MOU shall be effective from January 1, 1991 through
July 1, 1992.
If negotiations regarding a Memorandum of
Understanding are in progress on July 1, 199~2, this MOU shall
remain in effect until a successor Memorandum of Understanding is
adopted by the City.
ARTICLE 48
Prevailing Benefits
All benefits, privileges, and working conditions authorized
for the members at the present time, which are not included in
this MOU, shall remain in full force during the term of this MOU
I
I
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1....,
:1
jl
unless changed by mutual consent.
/ / / /
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FIRE SAFETY - MOU
W.R. Holcomb, Mayor
City of San Bernardino
City's Designated
Representative
ATTEST:
City Clerk
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
IJ
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April 30, 1991
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Local 891
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FIRE SAFETY - MOU
TITLE
Agency Personnel Rules
Court Fines
Deferred Compensation
Education/longevity pay
Employee Representatives
Employees' Rights
Financial Disclosure
Flexible Staffing/Vacation
and HOliday Sell Back
Grievance Procedure
Health Related Insurance
Holidays
Investigation Rights
Labor Management Committee
Leave Provisions (Sick Leave,
see Pg. 11 )
Locker Search
Management Rights
Medical Exams
Notice of Intent to Reopen
Nondiscrimination
On Call, Call-back, Standby
Overtime
DCR/dys/fire.mou
April 30, 1991
INDEX
ARTICLE
2
29
13
28
40
5
37
44
41
16
9
36
43
15
38
4
31
46
3
30
8
39
o
~
PAGE
3
21
12
20
30
6
28
38
31
13
10
24
37
13
29
4
22
~
39
4
21
9
"~--:.':m;;z::::c~~::::;c,,;---
o
FIRE SAFETY - MOU
TITLE
Pay for Paramedic Assignment
Payment of Unused Sick Leave
Payroll Deduction
Personnel Files
Political Activity
polygraph Examination
probationary Period
Prevailing Benefits
Re-employment
Recognition
Related Work Standards
Replacing/Repairing Personal
Property
Retirement Plan
Safety Committee
Safety Equipment
Seniority
Severability
Sick Leave
Term
Trading Time
Tuition Reimbursement
Use of City Resources
Vacation
wages
DCR/dys/fire.mou
April 30, 1991
ARTICLE
19
27
18
34
35
42
21
48
20
1
24
32
14
26
33
23
45
11
47
17
25
38
10
6
40
o
.
.
PAGE
16
20
16
23
24
37
18
40
18
3
19
23
12
19
23
18
38
11
39
15
19
29
10
7
['
. y
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FIRE SAFETY - MOU
TITLE
Work Uniforms
Workweek
Workers Compensation Injury
DCR/dys/fire.mou
April 30, 1991
ARTICLE
22
7
12
41
o
PAGE
18
9
12
~