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Home My WebLink AboutRES NO 72-99RESOLUTION NO. 7 ~ ' 9 9 ~ A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING SETTING SALARIES AND RELATED BENEFITS FOR THE FIRE SUPERVISORY UNIT OF THE FIRE DEPARTMENT OF THE CITY OF BAKERSFIELD. WHEREAS, the Charter of the City of Bakersfield, Section 12, authorizes the City Council to provide for salaries and related benefits for employees of the City; and WHEREAS, in compliance with the Meyers-Milias-Brown Act of the State of California, the City has met and conferred in good faith with the Bakersfield Firefighter's Labor Organization, Fire Supervisory Unit which represents this City's Fire Captains, Battalion Chiefs and Fire Marshal/Training Officer; and WHEREAS, the City's negotiator and the Bakersfield Firefighter's Labor Organization, Fire Supervisory Unit have agreed to a Memorandum of Understanding, as attached hereto; and WHEREAS, the Council has determined that such Memorandum of Understanding complies with the guidelines established by the City Council; and WHEREAS, the Council has determined that provisions of the attached Memorandum of Understanding shall commence on January 1, 1999, and expire at midnight on December 31, 2001, for all employees of said Supervisory Unit employed on the date of adoption of this Resolution. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that commencing January 1, 1999, the attached document, entitled "Memorandum of Understanding between the Bakersfield Firefighter's Labor Organization, Fire Supervisory Unit and City of Bakersfield" shall constitute the salary schedule and related benefits for the categories and positions specified therein on the date of adoption of this Resolution, and that the whole of said attachment is hereby incorporated and approved as the Memorandum of Understanding between the City of Bakersfield and the Bakersfield Firefighters Labor Organization, Fire Supervisory Unit for the three-year period beginning January 1, 1999, and expiring at midnight Decamber 31, 2001. ........... o0o .......... I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on JUN 16 1999 , by the following vote: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBER CARSON,DEMOND,MAGGARD,COUCH,ROWLES,SULLIVAN,SALVAGGIO COUNCILMEMBER r,4 o r,J C__. COUNCILMEMBER m4(~N E, COUNCILMEMBER t,4 o ~ ~ CITY CLERK and Ex Officio ~lerk of the Council of the City of Bakersfield APPROVED ~'t ',~'~) I 6 MAYOR of the City of Bakersfield ApPBOVED as to form: '~"BART THILTGEN CITY ATTORNEY of the City of Bakersfield Attachments Q:~Resolution~IRE_SUPERVISORY.MOU.wpd April 28, 1999 ORi/~tNAL, FIRE SUPERVISORY (UNIT 6) Reflects 2.5% COLA effective PREPARED 5/12/99 , 15:56:12 PROGRAM PRSALSCH 12/21/98 City of Bakersfield Salary Schedule Overtime Codes: A = 1.5 times C = Straight time D = No overtime PAGE 17 POSITION # POSITION TITLE GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 OT 68130 FIRE BATT CHIEF-DAYS F65 30.2830 31.7980 33.3890 35.0620 36.8110 D 5249.05 5511.65 5787.42 6077.41 6380.57 68132 FIRE BATT CHIEF-SUPPRESS F60 21.6310 22.7130 23.8490 25.0440 26.2930 C 5249.12 5511.68 5787.35 6077.34 6380.43 67180 FIRE CAPTAIN - DAYS F55 24.8980 26.1570 27,4750 28.8640 30.3300 A 4315.65 4533.88 4762.33 5003.09 5257.20 67182 FIRE CAPTAIN - SUPPRESSION F50 17.7830 18.6890 19.6230 20.6240 21.6690 A 4315.34 4535.19 4761.84 5004.75 5258.34 68440 FIRE MARSHAL/TRAINING OFFICER F70 31.7670 33.3550 35.0260 36.7790 38.6130 A 5506.28 5781.53 6071.17 6375.02 6692.92 MEMORANDUM OF UNDERSTANDING BAKERSFIELD FIEFIGHTERS LABOR ORGANIZATION FIRE SUPERVISORY UNIT CITY OF BAKERSFIELD January 1, 1999 - December 31, 2001 Final TABLE OF CONTENTS ARTICLE 1.01 PARTIES TO MEMORANDUM City Council Determination Conflict of Memorandum and Resolution ARTICLE 1.02 ARTICLE 1.03 ARTICLE 1.04 ARTICLE 1.05 RECOGNITION SCOPE OF REPRESENTATION MANAGEMENT AND EMPLOYEE RIGHTS RESERVED HOURS OF WORK ARTICLE 1.06 SALARY AND WAGES General Salary Increase Retirement Contributions Battalion Chief, Fire Marshal/I'raining Officer Hazardous Materials Pay ARTICLE 1.07 EDUCATIONAL INCENTIVE PAY ARTICLE 1.08 BILINGUAL PAY ARTICLE 1.09 HEALTH AND WELFARE Medical, Vision and Dental Benefits. Life Insurance ARTICLE 1.10 ARTICLE I. 11 ARTICLE 1.12 ARTICLE 1.13 ARTICLE 1.14 ARTICLE 1.15 ARTICLE 1.16 ARTICLE 1.17 UNI2FORM ALLOWANCE HOLIDAYS JURY DUTY SICK LEAVE BEREAVEMENT LEAVE CATASTROPHIC LEAVE COMPENSATORY TIME FIRE PREVENTION ASSIGNMENT PREMIUM ARTICLE 1.18 VACATION Vacation Accrual Vacation Scheduling ARTICLE 1.19 PHYSICAL ASSESSMENT PROGRAM ARTICLE 1.20 GRIEVANCE PROCEDURES Purpose of the Rule Matters Subject to Grievance Procedures Informal Grievance Procedure Formal Grievance Procedure First Level of Review Further Level or Levels of Review as Appropriate Department Review City Manager Review ARTICLE 1.21 Notices GRIEVANCES - REVIEW 5 5 6 6 6 6 6 8 9 9 9 10 11 1l 1l 11 11 12 12 13 13 13 l 3 13 13 14 14 14 14 15 Final ARTICLE 1.22 ARTICLE 1.23 ARTICLE 1.24 ARTICLE 1.25 ARTICLE 1.26 ARTICLE 1.27 ARTICLE 1.28 ARTICLE 1.29 ARTICLE 1.30 ARTICLE 1.31 ARTICLE 1.32 ARTICLE 1.33 ARTICLE 1.34 RETIREE MEDICAL 15 NO STRIKE OR LOCKOUT 16 LIGHT DUTY 16 SMOKING REGULATIONS 17 RESIDENCY REQUIREMENT 17 HEPATITIS-B INOCULATIONS 17 DRUG TESTING 17 COMPENSATION ADJUSTMENT/FAIR LABOR STDS 17 BREATHING APPARATUS 18 OVERTIME CARDS 18 INTENTIONALLY LEFI' BLANK 18 MINIMUM EDUCATION REQUIREMENTS 18 PAYROLL 20 ARTICLE 1.35 DEFERRED COMPENSATION AND SAVINGS PROGRAM 20 Deferred Compensation 20 Savings Program 20 ARTICLE 1.36 UNION SECURITY Service Fee Service Fee Complaint Procedure Informal Mediation Selection of Arbitrator Date for Complaint Hearing Payment of Costs Effect of Arbitrator's Decision 20 21 21 22 22 22 22 22 ARTICLE 1.37 OVERTIMEE PAY Overtime Pay - Scheduling Shift Rate Constant Staffing ARTICLE 1.38 ARTICLE 1.39 ARTICLE 1.40 ARTICLE 1.4l 22 22 22 23 MINIMUM CALLBACK 23 MODIFICATIONS TO MINIMUM STAFFING SCHEDULE 23 MAINTAINING MINIMUM STAFFING 23 AVAILABILITY OF DATA 24 ARTICLE 1.42 HIGHER JOB CLASSIFICATION AND LONGEVITY PAY 24 Bidding and Promotions 24 Longevity Pay 24 ARTICLE 1.43 LEAVES OF ABSENCE Leave of absence without pay Unauthorized leave of absence Military leave of absence Community Service leave of absence Discretion of the City Council ARTICLE 1.44 ARTICLE 1.45 ARTICLE 1.46 ARTICLE 1.47 IMPROVEMENT IN QUALITY OF SERVICE MAINTENANCE OF BENEFITS VALIDITY OF MEMORANDUM ACCESS TO PREMISES 25 25 25 25 25 25 25 25 25 26 Final '{%. ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE ARTICLE 1.48 1.49 1.50 1.51 1.52 1.53 1.54 1.55 1.56 1.57 1.58 1.59 1.60 BULLETIN BOARDS SENIORITY NO REDUCTION EAP PROGRAM EARLY RELEASE SHIFT TRADING HOLIDAY CALL BACK EXAMINATIONS STRIKE TEAM RESPONSES/PERSONNEL ASSIGNED HAZARDOUS MATERIALS RETIREMENT DISCIPLINE FIRE PREVENTION ARTICLE 1.61 INCENTIVE PAY Overtime Cards Bid Rights ARTICLE 1.62 TERM ARTICLE 1.63 INTENTIONALLY LEFT BLANK 26 27 27 27 27 27 28 28 28 29 29 29 29 29 30 30 31 31 Final :.,.. ~..~ This Memorandum of Understanding is entered into with reference to the following facts: The Bakersfield Firefighter's Labor Organization IAFF, LOCAL 246, hereinafter referred to as the ORGANIZATION, is the only recognized employee organization with the right to meet and confer in good faith on behalf of employees of the City of Bakersfield employed in those certain classifications included within the appropriate unit of representation commonly referred to as the Fire Supervisory Unit ('Unit No. 6). B , Representatives of management for the City of Bakersfield and representative of the Organization have met on a number of occasions and have conferred in good faith exchanging a number of proposals concerning wages, hours, fringe benefits and other terms and conditions of employment for employee-members represented by the Organization. Representatives of management for the City of Bakersfield and representatives of the Organization have reached an understanding as to certain recommendations to be made to the City Council for the City of Bakersfield and have agreed that the parties hereto will jointly urge said Council to adopt one or more resolutions which will provide for the changes in wages, hours, fringe benefits and other terms and conditions of employment contained in these joint recommendations. THEREFORE, the re, presentatives of Management :for the City of Bakersfield and the representatives of the Organization agree as follows: The parties hereto shall jointly recommend to the City Council of the City of Bakersfield that one or more salary resolutions be adopted effectuating the following changes in salaries, fringe benefits and other terms of employment for the employee-members represented by the Organization: ARTICLE 1.01 PARTIES 'rO MEMORANDUM This Memorandum of Understanding has been prepared pursuant to the terms of Code Section 2.76 of the City of Bakersfield, which is hereby incorporated by reference as if fully set forth herein, and has been executed by the Designated Representatives of the City of Bakersfield and the Bakersfield Firefighter's Labor Organization, IAFF, LOCAL 246, hereinafter referred to as the ORGANIZATION, on behalf of the employee-members occupying the job classifications of Fire Captain, Battalion Chief, Fire Marshal/Training Officer. 1.01.1 City Council Determination. This Memorandum of Understanding constitutes a joint recommendation between the parties here to be submitted to the City Council for the City of Bakersfield for its determination and implementation by one or more resolutions, as the City Council may deem fit and proper. It is agreed that this Memorandum of Understanding is of no force and effect until so acted upon by the City Council of the City of Bakersfield. The Memorandum contains certain recommendations for changes in salaries, fringe benefits and other terms of employment for the employee-members represented by the Organization..l:lowever, for convenience and clarity, the parties have also included herein certain provisions already contained in existing ordinances, resolutions, and policies of the City on matters pertaining to employer-employee relations. Therefore, it is the intent of the parties that the recommendations set forth herein should be implemented by the City Council only to the extent necessary to effectuate the changes expressly provided herein. Final 1.01.2 Conflict of Memorandum and Resolution. It is understood and agreed that there exists within the City, in written form, certain personnel rules, policies, practices and benefits, generally contained in the City's Civil Service Rules and Regulations and Ordinances. In the event of proposed changes to said rules and regulations, the Organization shall be advised for the purpose of enabling the City' and Organization to meet and confer, as soon as possible, with respect to any such proposed changes. With regard to bargaining unit employees only, the City shall not have the right to change said rules and regulations where such change is expressly prohibited by specific provisions of this Memorandum of Understanding without prior negotiations with the Organization. The City does have the right to change said rules and/or regulations as they might affect other employees not covered by this Memorandum without prior meeting and conferring with the Organization. ARTICLE 1.02 RECOGNITION The Bakersfield Firefighter's Labor Organization, IAFF, LOCAL 246, Fire Supervisory, is hereby recognized as the Exclusive Recognized Employee Organization for those employee- members occupying the job classifications within the Fire Supervisory Unit as set forth in the City's Employer-Employee Relations Ordinance Supplemental Rules and Regulations. Suppression Captains, Suppression Battalion Chiefs, all Training Captains and Battalion Chiefs, and all Fire Prevention Captains and Battalion Chiefs. ARTICLE i .03 SCOPE OF REPRESENTATION The Scope of Representation of the Recognized Employee Organization shall include all matters relating to employment conditions and employer-employee relations including (but not limited to) wages, hours and other terms and conditions of employment but excluding the merits, necessity or organization of any service or activity provided by law or executive order. ARTICLE 1.04 MANAGEMENT AND EMPLOYEE RIGHTS RESERVED The parties hereto recognize the City has and will retain the exclusive right to manage and direct the performance of City services and the work forces performing such services. The City and Organization agree that nothing in this Memorandum of Understanding shall in any way abridge, restrict or modify the rights and prerogatives of the City and its employment as set forth in Code Section 2.76 and said Section is hereby incorporated by this reference and made a part hereof as though set forth in full. ARTICLE 1.05 HOURS OF WORK The basic schedule for fire suppression employees who are covered by this Agreement shall average 56 hours per week with no so-called "pay backs" CD" days) for holiday time in the schedule and with the 24-hour shift being the normal work shift for employees. ARTICLE 1.06 SALARY AND WAGES The salary ranges for the classifications of the Unit shall be amended as follows: 1.06.1 General Salary Increase. o 2.5% effective December 21, 1998; 6 Final 2.5% effective December 20, 1999 2% effective January 1,200 l 2% effective July 2, 2001 (Market/Equity Adjustment) The two and a half (2.5%) percent adjustment scheduled for December 21, 1998 shall be made retroactively for active employees and for employees who have retired. 1.06.2 Retirement Contributions. Fire Captains - The City's contribution towards employees PERS contribution shall be 9% for those employees hired prior to July 1, 1983, and 4% for those employees hired on or after July 1, 1983. Employees hired after July 1, 1983, will be eligible to receive the 9% payment effective the beginning of their 7th uninterrupted year of service. Such payments by the City shall be reported as normal contributions and shall be credited to the employees accounts pursuant to the Government Code Section 26 15; this PERS pickup is done pursuant to Section 4 14(H)(2) of the Internal Revenue Code. Battalion Chief. Fire Marshal/Training Officer - The City's contribution towards employees PERS contribution shall be 9% for those employees hired prior to July 1, 1983, and 2% for those employees hired on or after July 1, 1983. Employees hired after July 1, 1983, will be eligible to receive the 9% payment effective the beginning of their 7th uninterrupted year of service. Such payments by the City shall be reported as normal contributions and shall be credited to the employees accounts pursuant to the Government Code Section 2615: this PERS pickup is done pursuant to Section 414(H)(2) of the Internal Revenue Code. 1.06.3 Hazardous Materials Pay. Fire Captains assigned to work as a certified Hazardous Materials Specialist or Hazardous Materials Technician at Station 11 shall receive payment of Ten Dollars ($10) per shift for those shifts actually worked in that capacity. In the event of shift trades, the individuals assigned to work shall receive the Hazmat pay premium, rather than the replacement. ARTICLE 1.07 EDUCATIONAL INCENTIVE PAY The City shall pay the following amounts to employees meeting the standards set forth below: 2.5% of employee's base salary for those fire safety personnel in the Bakersfield Fire Department who have obtained a Fire Science Certificate requiring thirty (30) units and eight (8) years employment or Fire Management Certificate requiring twenty-one (21) units and eight (8) years employment with the department. 5% of employee's base salary for those fire safety personnel holding an Associate of Arts Degree which fulfills all requirements of a Fire Science Certificate and five (5) years employment with the Bakersfield Fire Department (inclusive of the 2.5% above). Effective April 26, 1999, employees with five (5) years of employment will be eligible for the tollowing additional incentives: 5% for a Bachelor of Arts or Bachelor of Science Degree from an accredited College or University. · 5% for a Certified Chief Fire Officer (individuals in the classification of Firefighter or Fire 7 Final Engineer shall be eligible for this payment if they have completed all of the requirements for Certified Chief Officer except holding a rank necessary to obtain the certification. Captain's must actually obtain the certification; however, if an employee was receiving this compensation in the rank of Firefighter/Engineer, they shall retain it after promotion to Captain for the minimum amount of time necessary to obtain the actual certification). The maximum amount of educational incentive pay is 10%. ARTICLE 1.08 BILINGUAL PAY Fire Supervisory personnel capable of speaking Spanish shall be eligible to receive an additional Twenty-Five ($25.00) Dollars per pay period. To be eligible, an employee must; 1 ) Pass the test demonstrating conversational fluency in Spanish; 2) Pass periodic retests in language skills; 3) Serve as translators as required. Additional languages may be added by the Fire Chief. Notwithstanding the above~ all personnel shall utilize any language skills they possess to the best of their ability in handling their responsibilities. In case of an emergency, all employees will use whatever language skills they possess to assist to the maximum extent possible. ARTICLE 1.09 HEALTH AND WELFARE The City and Organization have agreed that all future meeting and conferring and decisions regarding the structure of medical/dental insurance coverages shall take place through the Joint City/Employee Medical Insurance Committee. The Committee shall consist of representatives from each Unit and the City. There shall be a good faith effort to make all decisions by October 31 of each year. Discussions as to the City's contribution toward medical/dental insurance shall continue to be determined through the formal meet and confer process between the City and the individual units. Medical. Vision and Dental Benefits. The City and employee shall share bi-weekly contributions towards medical, vision and dental plans for all employees of this Unit as follows: Eligible Fee Dental Fee Health HMO Dental HMO Health Employee HMO Health HMO Dental Fee Health Fee Dental Contribution Employee only 80% 80% 80% 80% 20% Employee + 1 80% 80% 80% 80% 20% Family 80% 80% 80% 80% 20% Life Insurance. The City shall continue to provide a basic term life insurance policy of Two Thousand Dollars ($2,000) value. In addition, the City shall provide contributions toward a life insurance plan of one hundred percent (100%) of the life insurance premium for a policy equal to the employee's projected annual base salary to the nearest Five Hundred Dollars ($500). ARTICLE 1.10 UNIFORM ALLOWANC, E The uniform annual allowance shall be Seven Hundred Thirty ($730) Dollars. One-half (1/2) of the amount to be paid July l with the remainder paid on December 1 for each year. Uniform 8 Final allowance shall be earned monthly on a pro-rata basis, so that any employee terminating during the year will be charged for the unearned portion of the uniform allowance at the time of termination. Effective July 1, 1999, the uniform allowance shall be increased to Seven Hundred and Fifty Five Dollars ($755) per year. Effective July 1, 2000, the uniform allowance shall be increased to Seven Hundred and Eighty Dollars ($780) per year. ARTICLE 1.11 HOLIDAYS All shift employees covered by this Agreement shall accrue holiday pay at the rate of six and one- half (6.5) shifts per year to be paid as follows: One-half (. 1/2) for three and one-quarter (3.25) shifts on or before December 1 of each year and one-half (1/2) of three and one-quarter (3.25) shifts on or before June 30 of each year. Fire prevention personnel shall be entitled to standby pay in the amount of $20.00 for each holiday for which such employee is required to stand by. In addition, any such person who is required to be on standby status over a holiday shall receive comparable time off at mutually agreed upon time. Scheduling shall be done so as not to interfere with the operation of the Fire Safety Control Division, as staffing is available. Non-shift employees shall receive holidays off and observe the same holiday practice as provided for in the Resolution governing holiday compensation for Management employees. ARTICLE 1.12 JURY DUTY Employees required to report for jury duty on a scheduled work day shall be granted a leave of absence from their assigned duties until released by the court. While on jury duty, such employees shall receive compensation from the City equal to the difference between their regular salaries and the amount received from the court for jury duty service, less mileage. Employees released from jury duty must report for work as soon as possible the same day. ARTICLE 1.13 SICK 2LEAVE 1.13.l Employees in the Unit accrue sick leave at the rate of five point six (5.6) shifts per year, with a maximum of fifty-six (56) shifts. An employee who has accrued fifty-six (56) shifts will receive one-half (1/2) of his/her shifts accrued and unused during the year as vacation and the other one-half (1/2) of unused shifts will be paid to the employee no later than the 2nd pay period in January. 1.13.2 Sick leave is deftned to mean an absence fi'om duty by any employee because (a) of his/her own illness or injury or exposure to contagious disease which incapacitates such employee from performing his/her duties, or (b) absence from duty for attendance upon a member of his/her immediate family because of illness, injury., death or exposure to contagious disease where the attendance of such employee is definitely required. As used in this section, "immediate fa:mily" means husband, wife, child, parent or spouse's parent, or a close relative actually residing in the employee s household. Pregnancy of the employee's spouse in or of itself shall not be grounds for granting sick leave with pay. Illness accompanying pregnancy but not a normal condition thereof and supported by a physician's certificate shall be considered grounds for sick leave with pay. Sick leave absences with pay for attendance upon employee's immediate family shall be limited to not more than five (5) days (two and one-half (2-1/2 shifts) during each fiscal year. Sick leave absences with pay because of death in the employee's immediate family shall not exceed five (5)--days (two (2) shifts) for each instance. 9 Final 1.13.3 Payment of accumulated sick leave in the event of death of a Battalion Chief or Fire Marshal/Training Officer shall be as follows: One-half (1/2) of the unused sick leave shall be paid to the member's beneficiary or estate in the event of such member's death prior to his separation from City employment after ten (10) years service. One-half (1/2) of the unused sick leave shall be paid to such member whose employment is terminated for any reason, other than discharge, after ten (10) years service. 1.13.4 Sick Leave Pav-out. The Bakersfield Firefighters Labor Organization, IAFF, Local 246 and the City of Bakersfield mutually acknowledge that the large majority of Unit retirements take place as disability, not service retirements. The parties consider this practice problematic. The parties agree that service retirements, when practical, are preferable and create the possibility of significant savings for the City and the taxpayers, For this reason, the parties agree that individuals retiring with a service retirement shall be entitled to a premium sick leave pay-out. Specifically, individuals shall receive an additional 25% of accrued sick leave at the time of retirement beyond that provided for in City Code Section 2.84.570. This payment shall not be considered gross remuneration for purposes of retirement. Except as provided below, any employee converting the service retirement to a disability retirement within five (5) years of the date of retirement shall refund this premium sick leave payment to the City. If repayment is required, a reasonable repayment schedule shall be established between the employee and the City. Exceptions to the repayment requirement may be made as follows: No repayment shall be required if an employee dies after retirement and the survivor' s allowance is converted to a disability allowance. o The City Manager will waive repayment in the event of a catastrophic event resulting in substantial disability from heart attack, stroke or cancer for the employee. Substantial disability is defined as a disability which would have required the retirement of the employee if still in active service. ARTICLE 1.14 BEREAVEMENT LEAVE In case of death within the immediate family of an employee, the employee may, upon approval of the department head, use up to (2) shifts of any accumulated sick leave, vacation leave or compensatory time off due him/her for overtime worked to attend the funeral or memorial services. Additional time off for travel may be granted upon recommendation of the department head and approval of the City Manager. The immediate family shall consist of spouse, parents, grandparents, brothers, sisters, children, grandchildren, mother-in-law and father-in-law. Employees electing to charge bereavement leave to either vacation leave or compensatory time off shall receive no reduction in sick leave conversion rights as provided in Article 1.12. 10 Final ARTICLE 1.15 CATASTROPHIC LEAVE Unit members shall be permitted to participate in the City's voluntary catastrophic leave program as adopted in the City's Administrative Rules and Regulations. ARTICLE 1.16 COMPENSATORY TIME 1.16.1 Fire personnel on five (5) day per week work schedule may accumulate compensatory time up to sixty (60) hours. Any compensatory time in excess of sixty (60) hours shall be automatically paid if management is unable to schedule time off. The use of compensatory time shall be scheduled through mutual agreement between the employee and management. Management may establish time off for compensatory time in excess of forty (40) hours where mutual agreement cannot be reached. Employees retain the right to request cash payment for any compensatory time on the books, subject to budgetary restraints. 1.16.2 Requests for compensatory time off shall be submitted no more than thirty (30) days in advance of the time requested off. Once submitted, requests shall be approved or denied within forty-eight (48) hours. Once approved, compensatory time off shall not be canceled except in cases of emergency, 1.16.3 Effective with the ratification of this agreement, the accrual of compensatory time off shall be eliminated. Concurrently, the City shall pay off all accrued compensatory time off for unit employees except that individual employees may petition the Fire Chief for approval to retain existing accrued compensatory time off to be utilized for the sole purpose of educational leave. 1.16.4 Individuals in the classification of Battalion Chief, Fire Marshal/Training Officer only may petition to be allowed to continue to accrue compensatory time off for the purpose of educational leave only. Such compensatory time off may be taken only when individuals of the same rank are available to work the time taken off. 1.16.5 Individuals in the classification of Battalion Chief, Fire Marshal/Training Officer shall continue to be eligible for administrative leave in accordance with the City's Administrative Policies. ARTICLE 1.17 FIPJZ PREVENTION ASSIGNMENT PREMIUM Captains assigned to Fire Prevention shall receive Two Hundred Dollars ($200) biweekly pay period specialty pay while assigned. ARTICLE 1.18 VACATION 1,18.1 Vacation Accrual, Fire Department safety employees who are required to work on twenty-four hour duty shifts shall accrue vacation leave at the following rates: First four years, 0.180 of twenty-four hour duty shift biweekly to yield 4.68 twenty-four hour duty shifts annually. Five through fifteen years, 0.270 of a twenty-four hour duty shift biweekly to yield 7.02 twenty-four hour duty shifts annually. 11 Final Sixteen years or more, 0.360 of a twenty-four hour duty shift biweekly to yield 9.36 twenty-four hour duty shifts annually. All other fire department employees shall accrue vacation leave in the same manner as employees of the miscellaneous departments. Individuals hired in the classification of Battalion Chief, Fire Marshal/Training Officer prior to December 1, 1996, who are accruing vacation in excess of the amounts above shall maintain the higher level accrual until such time as advancement in the accrual schedule is equal to the amounts listed above. 1.18.2 Vacation Scheduling. Up to eight (8) employees (Firefighter through Captain classifications) shall be allowed to schedule vacation at any one time. The Department and Organization shall form a joint committee to review the issue of vacation scheduling. Committee recommendations shall be made by September 1, 1999. 1.18.3 Employees who accumulate seven (7) or more shifts of vacation periods shall be allowed to request a split in vacation periods. Seniority shall determine the allocating of available vacation periods with all employees first choices being considered before the consideration of the second of a split vacation request. One (1) shift of vacation will be the smallest split. For educational purposes, less than one (1) shift of vacation may be used as approved by the Fire Chief.. 1.18.4 Employees must schedule vacation shifts <luring the annual vacation sign-up or may schedule an available vacation shift with department approval. These shifts taken off during the year are sub. ject to: I. Twelve (12) hours advance request and department approval. 2. Requests will be processed on a first-come, first serviced basis. ARTICLE 1.19 PHYSICAL ASSESSMENT PROGRAM 1.19.1 At least once during the period of January l, 1999 to June 30, 2000, and once during the period of July 1,2000 to December 30, 2000, the City will offer each unit employee the opportunity to receive a comprehensive physical assessment and follow-up counseling session. When indicated by initial results, follow-up testing will be performed. The assessment will measure: cardiovascular fitness, blood pressure, blood composition (cholesterol, etc.), body composition, muscular endurance and flexibility. Results of the assessment shall be for the individual employee's use only. The City will receive composite data to be used in evaluating the need for training seminars, etc. The City will consult with the Organization prior to selecting or changing the service provider. 1.19.2 The City and the Organization have formed a joint committee to study further modifications/development of a physical fitness program. Mutually acceptable findings of the committee shall be implemented as soon as practicable. 12 Final ARTICLE 1.20 GRIEVANCE PROCEDURES A. Purpose of the Rule To promote improved employer-employee relationships by establishing grievance procedures on matters for which appeal is not provided by other regulations. , To afford employees individually or through recognized employee organizations a systematic means of obtaining further considerations of problems after every reasonable effort has failed to resolve them through discussion. 3. To provide that grievances shall be settled as near as possible to the point of origin. 4. To provide that the grievance procedure shall be as informal as possible. B. Matters Subject to Grievance Procedures For the purpose of this rule, a grievance shall be considered as any matter tbr which appeal is not provided for, or prohibited, in the Personnel Ordinance concerning: A dispute about the interpretation or application of any ordinance, rule or regulation governing personnel practices or working conditions. A dispute about a decision on wages, hours and other terms and conditions of employment, other than a fundamental management decision. C. Informal Grievance Procedure An employee who has a problem or complaint must first try to get it settled through discussion with his immediate supervisor without undue delay. If, after this discussion he does not believe the problem to be satisfactorily resolved, he shall have the right to discuss it with supervisor's immediate superior, if any, in the administrative service. Every effort must be made to find an acceptable solution by informal means at the lowest level of supervision. If employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his immediate superior. An informal grievance shall not be taken above the department head. D. Formal Grievance Procedure (Levels of review through chain of command. ) First Level of Review. A grievance shall be presented in writing to the employee's supervisor, as designated in the Administrative Rules, who shall render his decision and comments in writing and return them to the employee within ten (10) days after receiving the grievance. If the employee does not agree with his supervisor's decision, or if no answer has been received within ten (10) days, the employee may present the appeal in writing to his supervisor's immediate superior. Failure of the employee to take further action within ten (10) days after receipt of the written decision of his supervisor, or within a total of twenty (20) calendar days if no decision is rendered, will constitute a withdrawal of grievance. 13 Final o Further Level or Levels of Review as Appropriate· The supervisor receiving the grievance shall review it, render his decision and comments in writing and return them to the employee within ten (10) days after receiving the appeal. If the employee does not agree with the decision, or if no answer has been received within ten (10) days, he may present the appeal in writing to the department head. Failure of the employee to take further action within ten (10) days if no decision is rendered, will constitute a withdrawal of the grievance. , Department Review. The department head receiving the grievance, or his designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons. The department head shall render his decision and comments in writing, and return them to the employee within ten (10) days after receiving the appeal. If the employee does not agree with the decision reached or no answer has been received within ten (10) calendar days, he shall have an additional ten (10) days to submit his grievance to the City Manager. Failure of the employee to take further action within ten (10) days after receipt of the decision or within a total of twenty (20) days if no decision is rendered, will constitute withdrawal of the grievance. City Manager Review. The City Manager, upon receiving the grievance, or his designated representative, should discuss the grievance with the employee, his representative, if any, and with other appropriate persons, or upon written request by the employee, the City IVlanager shall hold a hearing with the employee. The City Manager may designate a fact-finding committee or an officer not in the normal line of supervision to advise him/her concerning the appeal. The City Manager shall respond in writing to the employee within ten (10) calendar days after receiving the grievance. ARTICLE 1.21 GRIEVANCES '- REVIEW t. 21.1 Grievances which may be processed through the procedure set forth in Article 1.20 shall be limited to those which (1) have not been settled under the provisions set forth in Article 1.19 and (2) the determination of which is not vested in either the City Manager, Chief of the Fire Department, Civil Service Commission or City Council by the City Charter. By way of example, disciplinary matters involving suspension of thirty (30) days or less are vested by Charter in the City Manager; and matters involving the expenditure of City funds are vested by Charter in the City Council. Grievances which are not settled pursuant to the grievance procedure herein shall be resolved in the following manner: Upon written notice received by either party and within ten (10) days thereof the parties shall each select one (1) representative for the purpose of forming a Review Board. The two (2) representatives selected shall, within seven (7) days, select a third party who shall be a resident of the City of Bakersfield. The Review Board shall, as soon as practicable, hold hearings on the grievance, said hearing to be held in conformity to normal hearing procedures. Either the City or the Organization may call any employee as a witness from work if he/she is on duty. Any employee called as a witness by the City shall not be debited for any hours not worked while on such call. Employees called by the 14 Fin al Organization may be reimbursed by the Organization for any loss of pay for time off. The Review Board shall have no power to alter, amend, change, add to, or subtract from any of the terms of the Memorandum. The decision of the Board shall be based solely upon the evidence and arguments presented to them by the respective parties in the presence of each other. E. Either party may be represented by legal counsel. The parties shall pay their own expenses except for the third member of the Board whose expenses shall be shared equally. The decision of the review panel shall be final and binding upon the parties to the dispute. No decision of the panel shall require the exercise of the legislative authority of the City Council nor shall it contravene any existing City ordinance, the City Charter or State Law. The decision of the panel shall be made in writing within twenty (20) days from the close of the hearing. 1.21.2 Notices. Except as otherwise provided herein, notices required pursuant to the provisions of this Resolution or the Act, shall be given by United States mail, postage prepaid, addressed to the recipient at his/her last known address. In lieu of mailed notices required to be given by a recognized employee organization, personal delivery of such notices may be made on the City's Designated Representative. Notice shall be deemed for all purposes to have been given upon physical delivery thereof, or upon its deposit in the custody of said postal service. ARTICLE 1.22 RETIREE MEDICAL Eligibility for and contributions toward retiree medical insurance shall be as set forth in Bakersfield City Council Resolution No. 227-88. (See Exhibit II) Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage, whether through the City of Bakersfield, other employers, spouse coverage or for any other reason, shall be required to obtain and utilize such coverage as a condition for receiving coverage under the City's plan. Employees hired after April 1, 1996 will be eligible for retiree medical under the following conditions: a) Participation in the City retiree medical insurance plan will be offered to those employees who retire following twenty (20) years of permanent service or retire due to disability. Such retirees will receive a premium subsidy based upon 3% per year of service up to a maximum of 30 years (90%), of the lower of the HMO or Fee-For-Service single rate. In no case shall a retiree in this class receive more than 90% of their applicable rate structure (i.e. single without Medicare rate, single with Medicare rate, etc.) in subsidies from the City. b) Any employee eligible to receive retiree medical insurance coverage who is eligible for 15 Final Medicare coverage (Part A) whether through the City of Bakersfield, other employers, spouse coverage, or for any other reason, shall be required to obtain and utilize such coverage as a condition for receiving coverage under the City's retiree medical plan. c) Employees hired after April 1, 1996, shall not be eligible to receive the 42% Fee-For- Service plan subsidy. ARTICLE 1.23 NO STRIKE OR LOCKOUT The City agrees not to engage in any lockouts of the members of the Organization during the term of this Agreement. Participation by any employee in a strike or work stoppage is unlawful and shall subject the employee to disciplinary action, up to and including discharge. No employee organization, its representatives or members shall engage in, cause, instigate, encourage or condone a strike, work stoppage or work slowdown of any kind. If a recognized employee organization, its representatives, or members engage in, cause, instigate, encourage or condone a strike, work stoppage or slowdown of any kind, in addition to any other lawful remedies or disciplinary action, the City's Designated Representatives may suspend or revoke the recognition granted to such employee organization, may suspend or cancel any or all payroll deductions payable to such organization, prohibit the use of bulletin boards, prohibit the use of City facilities and prohibit access to former work or duty stations bv such organizations. As used in this Section, "strike or work stoSppage" means concerted failure to report for duty, the willful absence from oue's position, the stoppage of work or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation or the rights, privileges or obligations of employment. Any decision of the City's Designated Representative made under the provisions of this section may be appealed to the City Council by filing a written Notice of Appeal with the City's Designated Representative, accompanied by a complete statement setting forth all of the grounds upon which the appeal is based. Such Notice of Appeal must be filed within seven (7) days after the affected employee organization first receives notice of the decision upon which its complaint is based or its complaint will be considered closed and not subject to any other appeal. ARTICLE 1.24 LIGHT DUTY When due to injury or illness, whether or not the injury or illness is work related and the employee is unable to perform his or her usual duties, the employee may work in a light duty capacity based on the following conditions: A, An employee rnay work light duty only upon approval of the properly appointed City Physician and Fire Chief, and only to the extent that the emptoyee's illness or injury is not further aggravated by working in this capacity, nor is a hazard created for other employees. B. Each applicant for light duty status must be evaluated on a case-by-case basis. Individuals are not assigned to light duty if there is a chance that doing so might result in liability against the City. It is not possible to list the specific tasks assigned to light duty personnel. Task assignments depend on physical limitations, as well as project needs, which fluctuate on a daily basis. Some individuals might enter run reports into the computer, others might assist in filing, making copies, collating, etc. 16 Final E. Employees shall accept light duty assignments if offered if their illness/injury is job related. Employees denied a requested light duty assignment will be provided a written explanation if requested. Every effort is made to make the light duty assignment a pleasant learning experience for each individual involved. ARTICLE 1.25 SMOKING REGULATIONS 1.25.1 Employees hired after January l. 1987, must be non-smokers. Prospective employees shall be required to sign an affidavit indicating that they have not smoked during the twelve (12) month period prior to hiring by the City. Further, they shall agree that they shall not smoke, either on or off duty, during the term of their employment with the City. Violation of the non-smoking agreement shall result in disciplinary action. 1.25.2 The City and the Organization have met. and conferred on the implementation of smoking regulations for fire stations. The parties have agreed to amend the draft smoking regulations by allowing smoking on apparatus floor only. ARTICLE 1.26 RESIDENCY REQUIREMENT The residency requirement shall be forty-five (45) minutes normal driving time from City Hall. Normal driving time shall be defined as driving at the posted speed limit, absent any accidents, traffic jams, etc. ARTICLE 1.27 HEPATITIS-B INOCULATIONS The City shall make available to all Unit employee.s, Hepatitis-B inoculations. Employees shall receive the inoculations on a voluntary basis. ARTICLE 1.28 DRUG TESTING The Organization and City have agreed on a substance abuse policy. A copy is attached as Exhibit I. ARTICLE 1.29 COMPENSATION ADJUSTMENT/FAIR LABOR STANDARDS ACT The parties recognize that other shift personnel supervised by the Fire Captain classification have received an increase in compensation for the basic fifty-six (56) hour work week due to the Fair Labor Standards Act. This increased compensation has affected normal compensation differentials between the classifications. The parties have agreed to compensate for this change in compensation by providing a one point five percent (1.5%) base wage adjustment for the Fire Captain classification, effective January 5, 1987. This adjustment will remain in effect only for so long as the Firefighter and Fire Engineer classifications receive Fair Labor Standards Act overtime for the fifty-six (56) hour work week and Fire Captains do not receive this compensation. It recognized that this adjustment is overtime compensation, and theretore, not to be considered base salary for wage comparison purposes. 17 Final ARTICLE 1.30 BREATHING APPARATUS The City shall provide individual breathing apparatus masks for each unit employee engaged in fire suppression activities. ARTICLE 1.31 OVERTIME CARDS Overtime cards shall be moved only when the employee has actually worked a continuous 10-hour period or longer of overtime. ARTICLE 1.32 THIS ARTICLE INTENTIONALLY LEFT BLANK ARTICLE 1.33 MINIMUM EDUCATION REQUIREMENTS The parties have agreed to establish minimum educational requirements as tiMlows: · Fire Chief: Effective January 1, 1998 Possession of an Associate of Arts/Science Degree plus twenty (20) upper division semester units, or eighty (80) semester units towards a Bachelor of Arts/Science Degree; and experience other than Suppression.* Effective January 1,2001 Possession of Bachelor of Arts/Science Degree from an accredited college or university, or an Associate of Arts/Science Degree plus forty (40) upper division semester units, or one hundred (100) semester units towards a Bachelor of Arts/Science Degree; and experience other than Suppression. * Effective January 1, 2003 Possession of a Bachelor of Arts/Science Degree from an accredited college or university; and experience other than Suppression.* · *To include any staff position or assignment detailed by the City Manager. · Deputy Fire Chief: Effective January 1, 1998 Possession of an Associate of Arts/Science Degree plus experience other than Suppression*, or an Associate of Arts/Science Degree plus twenty (20) upper division semester units, or Bachelor of Arts/Science Degree from an accredited college or university, or eighty (80) semester units toward a Bachelor of Arts/Science Degree; and completed five (5) classes towards Chief Officer Certificate. Effective January 1, 2001 Possession of an Associate Suppression*, or an Associate of Arts/Science Degree plus experience other than of Arts/Science Degree plus forty (40) upper division 18 Final semester units, or Bachelor of Arts/Science Degree from an accredited college or university, or one hundred (100) semester units toward a Bachelor of Arts/Science Degree; and completed seven (7) classes towards Chief Officer Certificate. Effective January 1, 2005 Possession of a Bachelor of Arts/Science Degree from an accredited college or university; experience other than Suppression*; and completed Chief Officer Certification. · *To include any staff position or assignment detailed by the Fire Chief or his/her designee. (i.e. Training, Fire Prevention, Arson, P.I.O., Administrative position, etc.) · Assistant Fire Chief: Effective January I, 1998 Possession of an Associate of Arts/Science Degree plus experience other than Suppression*, or an Associate of Arts/Science Degree plus twenty (20) upper division semester units; and completed four (4) classes towards Chief Officer Certificate. Effective January 1, 2001 Possession of an Associate of Arts/Science Degree plus experience other than Suppression*, or an Associate of Arts/Science Degree plus thirty (30) upper division semester units; and completed six (6) classes towards Chief Officer Certificate. Effective January 1, 2003 Possession of an Associate of Arts/Science Degree plus experience other than Suppression*, or an Associate of Arts/Science Degree plus forty (40) upper division semester units; and completed Chief Officer Certification. *To include any staff position or assignment detailed by the Fire Chief or his/her designee (i.e. Training, Fire Prevention, Arson, P.I.O., Administrative position, etc.) · Fire Battalion Chief: · 3 years Effective January 1, 1999 o 1 year as a Captain with Bakersfield Fire Department o Fire Officer Certification (320 hours) o Chief Officer Certification Classes (2) (80 hours) OR o A.A./A.S. Degree or high degree OR 60 semester units towards any degree · 6 years Effective January 1, 2002 o 1 year as a Captain with Bakersfield Fire Department o Fire Officer Certification (320 hours) o Chief Officer Certification Classes (3) ( 120 hours) 1¸9 Final o O A.A./A.S. Degree or higher degree OR 60 semester units towards any degree · 8 years Effective January 1. 2004 o 1 year as a Captain with Bakersfield Fire Department o Fire Officer Certification (320 hours) o Chief Officer Certification Classes (6) <240 hours) o A.A./A.S. Degree or higher degree OR 60 semester units towards any degree All minimum requirements must be met prior to or on the filing date for any vacancy. ARTICLE 1.34 PAYROLL. 1.34.1 The City shall maintain voluntary direct deposit for all Fire Captains. Direct deposit shall be mandatory for employees in the classification of Battalion Chief, Fire Marshal/Training Officer. 1.34.2 All payroll changes shall take place at the nearest pay period. 1.34.3 Effective upon implementation of guaranteed direct deposit, the City shall end the process of early release of vacation checks. ARTICLE 1.35 DEFERRED COMPENSATION AND SAVINGS PROGRAM Deferred Compensation. The City agrees to make available to the employees covered by this Agreement a deferred compensation program. Savings Program. The parties agree to establish a cost savings/sharing program. The procedures for implementing this Plan will be worked out by mutual agreement of the parties. ARTICLE 1.36 UNION SECURITY Each employee in the classification of Fire Captain shall, either (1) become a member of the Union to the extent of tendering the periodic dues uniformly required for membership, or (2) pay to the Union a periodic representational fee. Such representational fee shall be in the amount uniformly established by the Union's Board of Directors, but in no event shall such representational fee exceed 95% of the amount that a Union member would pay in dues for the same period. The Organization shall indemnify the employer and hold it harmless against any and all suits, claims demands or other liabilities, including the employer's reasonable attorney fees, that may arise out of or by reason of any action taken by the employer for purposes of complying with this Article. This Article was implemented in accordance; with Government Code Section 3502.5 and following a secret ballot election of the bargaining unit employees which was held in June, 1989. The Organization agrees to adhere to all statutory and judicial requirements relating to Agency shop. Specifically: 20 Final Service Fee Organization agrees to keep an adequate itemized record of its financial transactions and shall make available annually to the City within sixty (60) days after the end of its fiscal year, a written financial statement in the form of a balance sheet and an operating statement certified as to accuracy by BFLO Board and a Certified Public Accountant. Organization further agrees to hold such disputed fees in their entirety in an Escrow account to be maintained at a specified bank, pending resolution of the dispute pursuant to the Service Fee Complaint procedure. Service Fee Complaint Procedure This Complaint Procedure shall be utilized solely to resolve disputes arising out of the deduction of a Service Fee by the City pursuant to a negotiated agreement. 1. Issues subject to this Complaint Procedure shall be limited to the following: That a portion of the Service Fee deduction is being utilized for non- representational activities. That the non-member is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations. In the event that it is determined pursuant to this procedure that such non-member is a member of a religion or body pursuant to this Section, he may designate a charitable fund exempt from taxation under Section 501, Paragraph C, Subsection 3 of the Internal Revenue Code chosen from the following: Any United Way Charity City agrees to deduct and to remit tees so designated in behalf of one of the above charitable organizations to said organization. Any non-member who objects to the deduction of the Service Fee by the Union shall file a complaint with the Bakersfield Firefighter's Labor Organization (BFLO). The complaint shall be in writing and shall specify the reason(s) for the objection to the deduction. The complaint need not be formal but shall clearly state the basis for the objection. An employee who objects to the deduction of the Service Fee shall forward his/her written complaint to the Union within forty-five (45) calendar days after the fee is initially deducted. Upon receipt of the written complaint the Organization shall place the entire Service Fee deduction into Escrow pending resolution of the dispute and shall request a list of arbitrators from the State Conciliation Service or the American Arbitration Service. 21 Final Informal Mediation. Notwithstanding Step B, Subsection 2, above; either the Organization or the complainant may request the services of a State Conciliation Service Mediator in a preliminary effort to resolve the dispute prior to arbitration. The Mediator shall be utilized in an advisory capacity only. Following such non-binding informal advisory mediation, if either complainant or Union is dissatisfied either party may request arbitration. Selection of Arbitrator. The Arbitrator shall be selected by mutual agreement between the Union and the complainant. Date for Complaint Hearing. The Union shall contact the selected Arbitrator within ten (10) calendar days from the date of the completion of the Mediation Process, or in the event that 2Mediation is not utilized, within ten (10) working days of receipt of the complaint. Upon confirmation by the Arbitrator, the Union will forthwith contact the complainant by Certified Mail indicating the date, time and place of the Complaint Hearing. E, Payment of Costs. In the event that the Union prevails in said Arbitration, the cost of arbitration shall be shared equally between the Organization and complainant. Should complainant prevail, the Organization shall pay the entire cost of the Arbitration. Effect of Arbitrator's Decision. The decision of the Arbitrator shall be final and binding. Upon receipt of the Arbitrator's decision, fees being held in Escrow shall be disbursed by the Organization in accordance with said decision. In the event that the Organization prevails, the City shall continue to deduct the Service fees and remit them to the Organization as determined by the Arbitrator. ARTICLE 1.37 OVERTIME PAY Overtime Pay - Scheduling 1.37.1 Shift Rate. Fire Captains of the Fire Department assigned to work authorized overtime shall be compensated at one and one-half (1-1/2) times the hours of overtime worked. Authorized overtime shall be any time worked over the regular work schedule. The Fire Chief shall call back off-duty personnel to maintain a minimum staffing schedule at each station. Such minimum staffing for each station, if in service, is as follows: STATION CAPTAINS ENGINEERS FIREFIGHTERS PATROLS* Station 1 2 3 2 Station 2 1 1 1 Station 3 1 1 1 Station 4 1 1 1 Station 5 I 1 1 Station 6 I 1 1 Station 7 2 2 3** Station 8 I 1 1 Station 9 1 1 1 Station 10 I 1 1 Station 11 1 1 1 Station 13 1 1 1 X X X X Final *Current location. A total of 4 patrols will be staffed with one engineer assigned to each patrol. Patrols will be assigned at the discretion of the Fire Chief. **It is mutually understood that staffing at this station will remain the same if a tillered truck replaces the existing truck. In consideration for working additional fire suppression shifts, in addition to regularly scheduled duty shifts, Fire Battalion Chiefs will be compensated at straight time for each additional suppression shift worked or portion thereof. 1.37.2 Constant Staffing. The parties have agreed to implement a constant staffing procedure. - Vacancies due to absences or for any reason shall be replaced on a rank for rank call-back basis. No individual will be allowed to work more than Seventy-two (72) consecutive hours under the constant staffing program. In the event there are not sufficient Battalion Chiefs available to fill vacancies, the Fire Chief will provide criteria to determine which Captains are eligible to act as a Battalion Chief. ARTICLE 1.38 MINIMUM CALLBACK Fire Captains called back to work after being released shall be entitled to a minimum of two (2) hours of pay. Such minimum time shall not be applicable for employees standing by for relief of other regular shift of workers on a normal shift-to-shift basis unless the employee is required to stand by for more than one (1) hour, in which case the two (2) hours minimum applies. Such c~lback time shall be paid at the rate of time and one-half(1-1/2) in cases of callback for shift work or other non-emergency work. Double time shall be paid for callbacks for fires, fire watches, staffing reserve fire apparatus during fires, and other emergency situations such as windstorms, earthquakes, rescue and flood except that the payment for all office of emergency service mutual aid overtime shall be at the one and one-half (1-1/2) time rate. ARTICLE 1.39 MODIFICAI?IONS TO MINIMUM STAFFING SCHEDULE At least sixty (60) days prior to the opening of any new fire stations, and/or the transfer of any fire station to the City, the City shall give notice to the Organization and upon request, meet and confer on the minimum staffing levels for the new stations as well as possible changes in staffing levels at existing stations. ARTICLE 1.40 MAINTAINING MINIMUM STAFFING Every effort will be made to maintain the assigned personnel complement of the respective fire companies. In order to maintain this staffing level, a certain amount of inconvenience may be experienced by the relieving personnel. Depending on who is excused from the company, a person will always be designated as being in charge. If the staffing level is affected because of a detail in the first-in area, sending the entire company to the assignment will be considered. If the detail involves removing a person or personnel from the companies who will be out of the first-in response area, options such as furnishing relief for the employee on the particular detail, or possibly in extreme circumstances calling a piece of equipment out of service, will be considered. Regardless of the assignment of the people involved, every effort will be made to maintain the 23 Final assigned personnel levels. ARTICLE 1.41 AVAILABILITY OF DATA The City will make available to employee organizations such nonconfidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Section 6250-62-60. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment of reasonable costs, where applicable. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this rule shall be construed to require disclosure of records that are: A, Personnel, medical and similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy or be contrary to merit system principles unless authorization by the individual employee is obtained. Working papers or memoranda which are not retained in the ordinary course of business or any public records available which clearly outweigh the public interest served by disclosure of the record. Records pertaining to litigation to which the city is a party, or to claims or appeals which have not been settled. Nothing in this rule shall be construed as requiring the City to do programming or assemble data in a manner other than usually done by the agency. ARTICLE 1.42 HIGHER JOB CLASSI_FICATION AND LONGEVITY PAY A, Bidding and Promotions. The parties agree that the past practice on bidding and the filling of Fire Captain vacancies shall continue, providing that all actual vacancies shall be filled within two (2) weeks of the occurrence of the actual vacancy. Effective immediately, employees assigned to the training function shall have the right to either, 1) return to their prior assignment, or 2) to bid positions while assigned to training to which they would move to upon completion of the training assignment. B. Longevity Pay. All Fire Captains covered by this Agreement hired prior to April 10, 1989, who complete fifteen (15) years of seniority with the City, shall receive additional pay that is equal to but not more than that amount of educational incentive pay that those employees covered by this Agreement receive who qualify for incentive pay based upon an Associate Arts degree in Fire Science and/or Bachelor of Arts degree. No employee shall be permitted to pyramid the fifteen (15) years seniority and the AA and/or BA degree incentive pay. However, the payment of this longevity pay shall in no way eliminate any other pay the employee is entitled. 2. Employees hired after April 10, 1989, shall not be eligible to receive longevity pay. 24 Final ARTICLE 1.43 LEAVES OF ABSENCE Leave of absence without pay. Leaves of absence without pay, up to a period of six (6) months, may be granted to an employee upon the recommendation of the department head with the approval of the City Manager. No leave of absence shall be granted to allow an employee to accept other employment on a trial basis. Leaves of absence for periods of time longer than six (6) months must be approved by the City Council. Employees on authorized leave of absence without pay shall not accrue vacation. holiday, or sick leave benefits during such leave. Unauthorized leave of absence. Unauthorized leave of absence shall be considered to be without pay and reductions in the empioyee's pay shall be made accordingly. Unauthorized leave of absence for more than two (2) consecutive working shifts shall result in automatic termination of employee unless the employee can demonstrate that such absence was due to circumstances beyond his/her control. C, Military leave of absence. Military leave shall be granted in accordance with the provisions of State and Federal laws. All employees entitled to military leave shall give the department concerned an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Community Service leave of absence. Leave of absence with pay, not to exceed one ( 1 ) full working day, may be granted an employee upon the recommendation of the department head and the approval of the City Manager if such leave is determined to provide a community service and is in the best interests of the City. Discretion of the City Council. The City Council may, at its discretion, upon good cause shown, grant leaves of absence other than as provided for herein. ARTICLE 1.4-4 IMPROVEMENT IN QUALITY OF SERVICE It is the intent of the parties to improve the quality of service that the Fire Department provides the citizens of Bakersfield. It is agreed that the Employee and the Organization shall implement such steps that are necessary to bring about such improvements. ARTICLE 1.45 MAINTENANCE OF BENEFITS Except as specifically provided herein, the Organization hereby expressly waives any right to request any improvements or changes in the wages, hours or other terms and conditions of employment for the employee-members represented by the Organization which would take effect prior to January 1, 2002 and the City of Bakersfield, through its representatives shall not be required to meet and confer as to any such request. The parties recognize that there are existing ordinances;, resolutions and policies relating to benefits and other terms and conditions of employment and the same are not affected by this Agreement except as recommended herein. ARTICLE 1.46 VALIDITY OF MEMORANDUM Should any portion of this Memorandum or any provision herein contained be rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree of a 25 Final competent jurisdiction, such invalidation of such portion of this Memorandum shall not invalidate the remaining portions hereof, and they shall remain in full force and effect. The parties hereto mutually agree, during the term of this Memorandum, not to seek to meet and confer for the purpose of modifying any provision contained in this Memorandum unless the parties mutually agree in writing to do so. Should the parties mutually agree in writing to meet and confer during the term of this Memorandum, neither party shall be obligated to add to, subtract from, or otherwise modify the terms herein, but if it is the desire of both parties to institute such changes, such changes shall not be precluded by this or any other provision of this Memorandum. Nothing contained in this Memorandum shall be interpreted to preclude the parties from meeting and conferring during the term hereof with respect to the interpretation and/or application of provisions of the Memorandum, the City's provisions of the City of Bakersfield Code which deal with personnel matters, insofar as these documents affect the employees represented by the Organization under the terms of this Memorandum of Understanding. ARTICLE 1.47 ACCESS TO PREMISES Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representatives, for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the department head or the City's Designated Representative. Access shall be granted so as not to interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during work hours. If the attendance at a station exceeds the personnel on duty, the Organization shall gain approval for the meeting from the officer in charge of the Bakersfield Fire Department. ARTICLE 1.48 BULLETIN BOARDS Recognized employee organizations may use City bulletin boards for conduct of their business and social events under the following conditions: All materials must receive the approval of the department head in charge of the departmental bulletin board. (In some situations, particularly where larger employee organizations are involved, centralized approval by the City Manager or his designated representative may be more appropriate.) B. All materials must be dated and must identify the organization that published them. The actual posting of materials will be done by the City as soon as possible after they have been approved. Unless special arrangements are made, materials posted will be removed thirty-one (31 ) days ~ter publication date. Materials which the department head considers objectionable will not be posted, provided, however, the department head shall first discuss this denial with the City Manager. The City reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allocated to employee organizations' materials. An employee organization that does not abide by these rules may forfeit its right to have materials posted on City bulletin boards. The parties agree that the City will allow the installation of message boards provided by the Organization at each fire station. The size 26 Final and location of such boards are subject to the approval of the Fire Chief. Message boards may be utilized by the Organization and all department employees; however, nothing shall be posted of a defamatory nature. ARTICLE 1.49 SENIORITY Seniority as herein used shall be defined as the date of hire, whether continuous or not, with the City of Bakersfield Fire Department. ARTICLE 1.50 NO REDUCTION It is agreed that no member of the Organization by virtue of adoption of this Agreement shall suffer a reduction in wages, and/or working conditions during the term of this Agreement, with the exception of those employees affected by hiring date under Article 1.06.2. ARTICLE 1.51 EAP PROGRAM The Organization will work with the department to resolve concerns regarding the confidentiality of the EAP program. ARTICLE 1.52 EARLY RELEASE Fire Captains may, subject to approval of the on-duty Battalion Chief, arrange for early release up to two (2) hours prior to the scheduled end of their work shift. Release shall be contingent upon the employee's replacement arriving to assume duty responsibility, and completion of paperwork documenting the early release. Prior depart~nent approval is not required for early release. Compensation for early release is the responsibility of the involved employees, pursuant to procedures utilized for shift trades. ARTICLE 1.53 SHIFT TRADING A, Requests for shift trading will be approved and signed by the appropriate Captain and Battalion Chief and e-mailed to the Captain' s office at Station 1 no later than twelve (12) hours prior to the start of the shift when a shift trade is requested. As an example, if you are working Saturday and you would like to have shift relief on Monday, your paperwork must be in the Captain's office in Station 1 no later than noon, Saturday. This will afford adequate time to make out the roster and proceed with any phone calls necessary to insure minimum staffing for the shift on Monday. When trading shifts, every effort will be made to obtain relief utilizing personnel of the same rank. When utilizing relief that is not the same rank, the following guidelines will apply as to who is qualified to replace another individual. A person who is going to replace an Engineer must be either: a permanent Engineer; on the Engineers promotional list *Note: An approved list of individuals who have been determined qualified for shift trades will be maintained by the Fire Chief and will be available for daily scheduling of personnel. 27 D. A person who is going to replace a Captain must be a permanent Captain. Emergency cases for in or out of town leave will be given full consideration by a Chief Officer. For unusual situations, which occur during extended days off, every effort should be made to adhere to the twelve (12) hour advance notice. The signature of a Suppression Battalion Chief will be sufficient in these unusual situations. Every effort should be made to provide notice, in advance, to the Captain in charge the day of the shift trade to make sure he approves of your relief. These unusual situations should be the exception rather than the rule. If this option is abused, it will be withdrawn. G. Shift trading may be disapproved. With specified exceptions, the qualified person sending an e-mail or signing the "leave of absence form FD1634" to work in place of another employee shall be fully responsible for and work the agreed time. Failure to show up or not be able to work (for whatever reason) the agreed time shall cause that employee to be charged appropriate leave time for the hours missed. If the qualified person becomes unable to work due to job related disability more than 24 hours prior to the scheduled shift, the employee originally scheduled to work shall be responsible for either 1) finding other relief; 2) working the shift; or 3) being charged for the time (first vacation/CTO if not available, sick leave). If the job related injury occurs less than 24 hours before the scheduled shift, paragraph one above shall apply. ARTICLE 1.54 HOLIDAY CALL BACK. On Christmas, Thanksgiving and Easter, a volunteer call back list will be used. Thirty (30) days before each holiday, personnel may call up the Captain's office and have their name put on the holiday call back list. These personnel will be used first before the regular call back list would be used for that holiday only. If there are not enough personnel on the list then call back would return to the regular list to fill the vacancy. This list of names will be used in the order in which they would have been on the regular call back list. Example: If John was third on the regular list and Bill was fifth on the regular list and both called to be put on the holiday list for Easter, then John would be called first, followed by Bill and then if needed, the regular list would be used in order. These personnel, like all others, will go to the back of the list if used and would remain in their normal spot if not used. ARTICLE 1.55 EXAMINATIONS Captains passed over on promotional lists may, upon request, receive a written explanation as to why they were passed over. This explanation is for information only, and shall not be subject to any form of appeal. ARTICLE 1.56 STRIKE TEAM RESPONSES/PERSONNEL ASSIGNED 1.56.1 Once annually, the Department will designate the stationsment to be utilized for strike team responses. 28 Final 1.56.2 On duty personnel assigned to the selected apparatus shall be the first selected. ARTICLE 1.57 HAZARDOUS MATERIALS The City and Union have agreed that, effective with the full implementation of constant staffing, only individuals possessing the requisite hazardous materials certifications or other qualifications as determined by the Fire Chief, shall be allowed to bid to work the hazardous materials stations. Similarly, only individuals possessing those qualifications shall be eligible to be called back to work the hazardous materials station. ARTICLE 1.58 RETIREMENT 1.58.1 The City maintains in place for represented employees, the 2% at 50 retirement program with the tollowing options: 1. One Year Final Contribution. 2. Post Retirement Survivor Allowance. 3. 1959 Survivor Benefits. 4. Military Service Credit as Prior Service. 1.58.2 As soon as possible, following the ratification of this Agreement, the City will begin the process of upgrading to the 4th Level 1959 Survivors Benefit. 1.58.3 Should the legislature make changes in retirement law, changing potential benefits for safety employees, the Association shall have the right to reopen negotiations on the subject of retirement changes only. The City assumes no obligation for additional costs under this section. ARTICLE 1.59 DISCIPLINE The City and Organization agree to reopen negotiations, through a City-wide committee, on revised disciplinary language to be placed in the City Code. ARTICLE 1.60 FIRE PREVENTION' It is mutually understood and agreed that individuals assigned to fire prevention are responsible to perform stand-by duties for weekly periods approximately seventeen (17) times per year. It is mutually agreed that this stand-by duty does not constitute work time. ARTICLE 1.61 INCENTIVE PAY The City shall pay the Fire Captain assigned to the Training Division an additional five percent (5%) of their salary as incentive pay for assuming the additional responsibilities of the training function and for assuming a non-shift schedule. In order to attract the most qualified individuals for the position of Fire Captain in the Training Division, the following additional rights and privileges have been granted: 29 Final 1. Overtime Cards The Training Captain shall have one (1) card in the overtime box at Station 1, or corresponding overtime scheduling system. This card shall be in the "A" Shift box beginning January 1, 1997, moved to "B" Shift box on January 1, 1998, moved to "C" Shift box on January 1, 1999, with the pattern continuing. When the Training Captain is called for overtime, he/she may turn overtime down and the card remains in the current position. Upon agreeing to accept ten (10) hours or more of overtime, the card is then placed in the rear of the box. When the overtime callback system is automated, the Training Captain will be subject to callback utilizing the same system as all others. Bid Rights The Training Captain is subject to the same bid rights and policies as the rest of the department with the following additions: The Training Captain is a speciality bid position as mentioned elsewhere in the MOU. A Captain who bids the Training Division loses all bid rights for one (1) year, the same as any other successful bid. If no Captains bid the Training Division and a Captain is assigned to the Training Division, that Captain retains bid fights. Any assignment to the Training Division is for a full two-year term. During the two-year term, bids may be submitted to hold positions until the term is fulfilled. The Captain who bids the Training Division, or is assigned to the Training Division, shall have their former assignment held until their term is fulfilled. This position is filled using the normal bid process with the knowledge this position is a temporary assignment should the Training Captain choose to return to the previous assignment once the Training Captain assignment is completed. Should the Training Captain successfully bid another assignment, the temporary assignment becomes a permanent assignment (See paragraph F below). 527 · During the two-year term of the Training Captain assignment, the Captain may bid and hold another assignment. If the Training Captain is awarded a bid then the position may be filled by the next senior Captain bidding that position with the knowledge this is a temporary assignment. Should no bidding Captain choose to accept this assignment, the lest senior Captain is assigned to the temporary position. At the end of the two-year assignment, the Training Captain may choose to fill the temporary position whether that be the original assignment or a successful bid assignment. The person who held the temporary assignment is displaced for their assignment and is subject to the bid system. If the Training Captain chooses to remain in the: Training Division, then the temporary position held for him/her becomes a permanent position for the other Captain. 30 Final ARTICLE 1.62 TERM This Agreement shall be effective as of January 1, 1999, and shall remain in full force and effect until December 31, 2001 or until a new Agreement has been executed. Proposals for the contract period beginning January 1, 2002, shall be submitted no later than November 1, 2001, and negotiations shall commence on or before November 15, 2001, unless the parties mutually agree otherwise. This Memorandum is entered into and effective upon ratification and acceptance by the City Council of the City of Bakersfield. ARTICLE 1.63 THIS ARTICLE LEFT INTENTIONALLY BLANK. DATE: FOR THE CITY: <"' )"':',z: '/"'/:';" ~" : ........d~j-,' 2.~-~t2~7-.. ,,."/~t,~,~Lg.gL .... . _.. DAT~: ~ 'tO 3 1 Final 32 Final