HomeMy WebLinkAboutRES NO 71-99RESOLUTION NO.
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING SETTING SALARIES AND RELATED
BENEFITS FOR FIREFIGHTERS AND ENGINEERS 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 which represents this City's Firefighters and Engineers; and
WHEREAS, the City's negotiator and the Bakersfield Firefighter's Labor
Organization 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 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 Firefighters Labor Organization, Fire 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 Firefighter's Labor
Organization, Fire Unit for the three-year period beginning January 1, 1999, and expiring
at midnight, December 31,2001.
........... o0o .........
by
I HEREBY CERTIFY that the foregoing Resolution was passed and adopted
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 N
COUNCILMEMBER kJC>t',J
COUNCILMEMBER
the Council of the City of Bakersfield
APPROVED JI:'N 16
MAYOR of the City of Bakersfield
APPROVED as to form:
--)
y of Bakersfield
Attachments
Q :\Resolution\FIR E. R E S99.wpd
April 28, 1999
FIREFIGHTERS & ENGINEERS (UNIT 3) Overtime Codes: A = 1.5 times
Reflects 2.5% COLA effective 12/21/98 C = Straight time
D = No overtime
PREPARED 5/12/99 , 15:56:12 City of Bakersfield PAGE
PROGRAM PRSALSCH Salary Schedule
12
POSITION # POSITION TITLE GRADE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 OT
32150 FIRE ENGINEER - DAYS F30 20.8360 21.8990 23.0000 24.1680 25.3940 A
3611.57 3795.82 3986.66 4189.12 4401.62
32152 FIRE ENGINEER - SUPPRESSION Fl5 14.8840 15.6370 16.4200 17.2610 18.1370 A
3611.85 3794.57 3984.58 4188.66 4401.24
32200 FIREFIGHTER - DAYS F25 18.8690 19.8310 20.8360 21.8910 23.0000 A
3270.62 3437.37 3611.57 3794.44 3986.66
32202 FIREFIGHTER - SUPPRESSION Fl0 13.4870 14.1660 14.8840 15.6360 16.4200 A
3272.84 3437.61 3611.85 3794.33 3984.58
32260 FIREFIGHTER TRAINEE - DAYS F20 15.1170 15.8790 16.6880 17.5330 18.4190 A
2620.28 2752.36 2892.58 3039.05 3192.62
32262 FIREFIGHTER TRAINEE - SUPPRESS F05 10.7930 11.3440 11.9190 12.5150 13.1650 A
2619.10 2752.81 2892.34 3036.97 3194.70
MEMORANDUM OF UNDERSTANDING
BAKERSFIELD FIREFIGHTERS LABOR ORGANIZATION, IAFF, LOCAL 246
FIREFIGHTERS AND ENGINEERS UNIT
CITY OF BAKERSFIELD
January 1, 1999 - December 31,2001
I Final
TABLE OF CONTENTS
ARTICLE 1.0l 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
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 1.11
ARTICLE 1.12
ARTICLE 1.13
ARTICLE 1.14
ARTICLE 1.15
ARTICLE 1.16
ARTICLE 1.17
UNIFORM ALLOWANCE
HOLIDAYS
JURY DUTY
SICK LEAVE
BEREAVEMENT LEAVE
CATASTROPHIC LEAVE
COMPENSATORY TIME
INTENTIONALLY LEFF BLANK
8
8
8
8
9
9
9
10
ARTICLE 1.18 VACATION
Vacation Accmal
Vacation Scheduling
ARTICLE 1.19 PHYSICAL ASSESSMENT PROGRAM
10
10
10
10
ARTICLE 1.20 GRIEVANCE PROCEDURES
Purpose of the Rule
Matters Subject to Grievance Procedure
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
ARTICLE 1.22
ARTICLE 1.23
GRIEVANCES - REVIEW
RETIREE MEDICAL
NO STRIKE OR LOCKOUT
11
11
11
11
11
12
12
12
12
12
13
14
Final
ARTICLE 1.24 LIGHT DUTY 14
ARTICLE 1.25 SMOKING REGULATIONS 15
ARTICLE 1.26 RESDENCY REQUIREMENT 15
ARTICLE 1.27 HEPATITIS -B INOCULATIONS 15
ARTICLE 1.28 DRUG TESTING 15
ARTICLE 1.29 INTENTIONALLY LEFT BLANK 15
ARTICLE 1.30 BREATHING APPARATUS 15
ARTICLE 1.31 OVERTIME CARDS 16
ARTICLE 1.32 INTENTIONALLY LEFT BLANK 16
ARTICLE 1.33 MINIMUM F, DUCATIONAL REQUIREMENTS 16
ARTICLE 1.34 PAYROLL 17
ARTICLE 1.35 DEFERRED COMPENSATION AND SAVINGS PROGRAM 17
Deferred Compensation 17
Savings Program 17
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
17
18
18
19
19
19
19
19
ARTICLE 1.37 OVERTIME PAY
Overtime Pay - Scheduling
Shift Rate
Constant Staffing
ARTICLE 1.38
ARTICLE 1.39
ARTICLE 1.40
ARTICLE 1.4l
19
19
19
20
MINIMUM CALLBACK 20
MODIFICATIONS TO MINIMUM STAFFING SCHEDULE 20
MAINTAINING MINIMUM STAFFING 20
AVAILABILITY OF DATA 21
ARTICLE 1.42 HIGHER JOB CLASSIFICATION AND LONGEVITY PAY 21
Bidding and Promotions 21
Longevity Pay 21
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
ARTICLE 1.48
ARTICLE 1.49
IMPROVEMENT IN QUALITY OF SERVICE
MAINTENANCE OF BENEFITS
VALDITY OF MEMORANDUM
ACCESS TO PREMISES
BULLETIN BOARDS
SENIORITY
22
22
22
22
22
22
22
22
23
23
23
24
Final
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
ARTICLE
1.50
1.51
1.52
1.53
1.54
1.55
1.56
1.57
1.58
1.59
1.60
1.61
1.62
1.63
NO REDUCTION
EAP PROGRAM
EARLY RELEASES
SHIFT TRADING
HOLIDAY CALL BACK
INTENTIONALLY LEFT BLANK
STRIKE TEAM RESPONSES/PERSONNEL ASSIGNED
HAZARDOUS MATERIALS
RETIREMENT
DISCIPLINE
INTENTIONALLY LEFT BLANK
INTENTIONALLY LEFT BLANK
TERM OF AGREEMENT
MEMBERS ONLY
24
24
24
24
25
26
26
26
26
26
26
26
26
27
4
Final
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 Firefighters Labor Organization, IAFF, LOCAL 246, hereinafter referred to as the
ORGANIZATION, on behalf of the employee-members occupying the job classifications as set
forth in Exhibit "A" which is attached hemto and made a part hereof.
1.01.1
Citv Council Determination. This Memorandum of Understanding constitutes a joint
recommendation between the parties hereto 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. However, 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.
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 Firefighters Labor Organization, IAFF, LOCAL 246, is hereby recognized as the
Exclusive Recognized Employee Organization for those employee-members occupying the job
classifications within the Fire Unit as set forth in the City's Employer-Employee Relations
Ordinance Supplemental Rules and Regulations.
ARTICLE 1.03
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 la~v 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
5 Final
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.
2.5% effective December 21, 1998
2.5% effective December 20, 1999
2% effective January 1, 2001
2% effective July 2, 2001 (Market/Equity Adjustment)
The two and one 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. The City's contribution towards employees PERS
contribution shall be 9% for those employees hired prior to July I, 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 414(H)(2) of the Internal Revenue
Code.
1.06.3
Hazardous Materials Pay. Individuals 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
6 Final
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
following 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
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
Firefighters/Engineers 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 l~mguages 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 a medical, vision and dental plan for all employees of these Units as follows:
Eligible Fee Dental HMO Dental Fee Dental HMO Dental Employee
Fee Health HMO Health HMO Health Fee Health 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 the base life insurance coverage of Twelve Thousand
Dollars ($12,000).
7 Final
ARTICLE 1.10
UN~ORM ALLOWANCE
The uniform annual allowance shall be Seven Hundred Thirty ($730) Dollars. One-half (1/2) of
the amount to be paid July I with the remainder paid on December 1 for each year. Uniform
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 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: Three and one quarter (3.25) shifts on or before
December 1 of each year and three and one-quarter (3.25) shifts on or before June 30 of each year.
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. Employees on jury duty will not
have that time deducted from their work hours for the purpose of calculating Fair Labor Standards
Act overtime.
ARTICLE 1.13 SICK LEAVE
1.13.1
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.
Sick leave is defined to mean an absence: from 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 family" 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.
1.13.2 Sick Leave Pay-out. The Bakersfield Firefighters Labor Organization, IAFF, Local
Final
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 t5) 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.
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 two (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 1.30 below.
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 cash payment for any compensatory time on the books, subject to budgetary
restraints.
9 Final
1.16.2
Requests for compensatory time off shall be submitted no more than thirty (30) days in
advice 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 agreetnent, 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.
ARTICLE 1.17
LEFT BLANK
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 a 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.
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.
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 during the annual vacation sign-up or may
schedule an available vacation shift with department approval. These shifts taken off
during the year are subject to:
Twelve (12) hours advance request and departmental approval.
Requests will be processed on a first-come, first serve basis.
ARTICLE 1.19
PHYSICAL ASSESSMENT PROGRAM
1.19.1 At least once during the period of January 1, t999 to June 30, 2000, and once during the
10 Final
period of July 1, 2000 to December 30, 2001, 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 employees 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 Organization have forn~ed 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.
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.
o
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.
Matters Subject to Grievance Procedure. For the purpose of this rule, a grievance shall be
considered as any matter for 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.
Informal Grievance Procedure. An employee who has a problem or complaint must first
try to get it settled through discussion with his/her immediate supervisor without undue
delay. If, after this discussion he/she does not believe the problem to be satisfactorily
resolved, he/she 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 shall then have the right to file a formal grievance in
writing within ten (10) calendar days after receiving the informal decision of his/her
immediate superior. An informal grievance shall not be taken above the department head.
D. Formal Grievance Procedure. (Levels of review through chain of command,)
11 Final
1. 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/her
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/her
supervisor's decision, or if no answer has been received with ten (10) days, the
employee may present the appeal in writing to his/her supervisor's immediate
superior. Failure of the employee to take further action within ten (10) days after
receipt of the written decision of his/her supervisor, or within a total of twenty (20)
calendar days if no decision is rendered, will constitute a withdrawal of the
grievance.
Further Level or Levels of Review as Appropriate. The supervisor receiving the
grievance shall review it, render his/her 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/her
designated representative, should discuss the grievance with the employee, his/her
representative, if any, and with other appropriate persons. The department head
shall render his/her 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/her 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/her
designated representative, should discuss the grievance with the employee, his/her
representative, if any, and with other appropriate persons, or upon written request
by the employee, the City Manager 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 concerning the appeal. The City Manager shall
respond in writing to the employee within ten (10) calendar days after receiving the
grievance.
ARTICLE 1.2 l
GRIEVANCES - REV1EW
1.21.1
Grievances which may be processed through the procedure set forth in 1.20 shall be
limited to those which 1.) have not been settled under the provisions set forth in 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:
12
Final
Upon written notice received by either party and within ten (10) days thereof the
parties shall each select one representative for the purpose of forming a Review
Board. The two 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
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.
G ,
The decision of the review panel shall be final and binding upon the parties to the
dispute.
H o
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) clays from the close of the hearing.
1.21.2 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 by 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
13 Final
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.
Any employee eligible to receive retiree medical insurance coverage who is eligible for
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, or 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 additional 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, and prohibit the use of bulletin boards, prohibit the use of City
facilities. and prohibit access to former work or duty stations by such organizations.
As used in this Section, "strike or work stoppage" means concerted failure to report for duty, the
willful absence from one'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/her usual duties, the employee may work in a light duty capacity based on
the following conditions:
An e~nployee may work light duty only upon approval of the properly appointed City
Physician and Fire Chief, and only to the extent that the employee's illness or injury is not
further aggravated by working in this capacity, nor is a hazard created for other employees.
14 Final
2. 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.
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 1, 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 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 the apparatus floor only.
ARTICLE 1.26
RESDENCY 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 INOCITLATIONS
The City shall make available to all Unit employees, 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. Copy is attached as Exhibit I.
ARTICLE 1.29
THIS ARTICLE LEFT INTENTIONALLY BLANK
ARTICLE 1.30
BREATHING APPARATUS
The City shall provide individual breathing apparatus masks for each unit employee engaged in fire
15 Final
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, or has declined to work.
ARTICLE 1.32
THIS ARTICLE INTENTIONALLY LEFT BLANK
ARTICLE 1.33
MINIMUM EDUCATION REQUIREMENTS
The parties have agreed to establish minimum educational requirements as follows:
Fire Engineer:
3 years
Effective January 1, 1999
O
O
O
3 years as a Firefighter with Bakersfield Fire Department
Firefighter II
Driver/Operator Certification (72 hours)
FireCaptain:
· 3 years
Effective January 1, 1999
· o
I year as an Engineer with Bakersfield Fire Department
Fire Officer Certification (320 hours)
Captain's Certification (45 hours)
· 6 years
Effective January 1, 2002
1 year as an Engineer with Bakersfield Fire Department
Fire Officer Certification (320 hours)
Captain's Certification (45 hours)
Fire Technology Certificate
OR
30 semester units towards A.A./A.S. Degree or higher degree
· Fire Battalion Chief:
· 3 years
Effective January 1, 1999
l year as a Captain with Bakers field Fire Department
Fire Officer Certification
Chief Officer Certification Classes (2)
OR
A.A./A.S. Degree or high degree
OR
60 semester units towards any degree
(320 hours)
(80 hours)
· 6 years
Effective January 1, 2002
16
Final
1 year as a Captain with Bakersfield Fire Department
Fire Officer Certification
Chief Officer Certification Classes (3)
A.A./A.S. Degree or higher degree
OR
60 semester units towards any degree
(320 hours)
( 120 hours)
· 8 years
Effectiw,' January 1, 2004
o I 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 promotional
examination.
ARTICLE 1.34
PAYROLL
1.34.1
The City shall implement a voluntary direct deposit system for all current Unit
employees. Any employee hired under the Unit after July 1, 1994, shall be required to
participate in the direct deposit program.
1.34.2 All payroll changes shall take place at the nearest pay period.
1.34.3 The City has ended the process o15 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 Fire Unit shall, either 1.) become a member of the Organization to the extent
of tendering the periodic dues uniformly required for membership, or 2.) pay to the Organization a
periodic representational fee. Such representational fee shall be in the amount uniformly
established by the OrganizationIs Board of Directors, but in no event shall such representational fee
exceed 95% of the amount that an Organization 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.
17 Final
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:
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 organization.
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/she 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 fees 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 Organization shall
file a complaint with the Bakersfield Fireman'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 Organization within forty-five (45) calendar days after the
fee is initially deducted.
18 Final
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.
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 Organization is dissatisfied either party may request arbitration.
D,
Selection of Arbitrator. The Arbitrator shall be selected by mutual agreement between the
Organization and the complainant.
Date for Complaint Hearing. The Organization 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 Mediation is not utilized, within ten (10) working days
of receipt of the complaint. Upon confirmation by the Arbitrator, the Organization
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 Organization 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. Employees of the Fire Department assigned to a 24-hour duty shift who
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 I l
Station 5 1 1 1
19
X
Final
Station 6 1 1 l
Station 7 2 2 3**
Station 8 1 1 1
Station 9 1 1 1
Station 10 1 I 1
Station 11 1 1 1
Station 13 1 1 1
X
X
X
*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.
1.37.2
Constant Staffing. The parties have agreed to implement a constant staffing Zprocedure.
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.
ARTICLE 1.38
MINIMUM CALLBACK
Fire Suppression personnel in the unit 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) hour
minimum applies. Such callback 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 services mutual aid overtime shall be at the one and one-half (1-1/2) time rate.
ARTICLE 1.39
MODIFICATIONS TO MINIMUM STAFFING SCHEDULE
At least sixty (60) days prior to the opening of any new fire station, 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 or the people involved, every effort will be made to maintain the
20 Final
assigned personnel levels·
ARTICLE 1.41
AVAILABILITY OF DATA
The City will make available to employee organizations such non-confidential 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:
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 n~emoranda 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 CLASSIFICATION AND LONGEVITY PAY
Bidding and Promotions. The parties agree that the past practice on bidding and the filling
of 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 employees covered by this Agreement hired prior to April 10, 1989, who have
completed 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.
21 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 e'mployee'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.
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 (2ouncil may, at its discretion, upon good cause
shown, grant leaves of absence other than as provided for herein.
ARTICLE 1.44
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 Employer 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 in 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.
22 Final
ARTICLE 1.46 VALIDITY OF MEMORANDUM
1.46.1
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 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 Personnel Resolution, Salary
and Compensation Plan, or the provisions of the City of Bakersfield Code which deal
with personnel matters, insofar as these documents affect the employee represented by
the Organization under the terms of this Memorandum of Understanding.
1.46.2
The City shall not make changes on other matters within the Scope of Representation but
not included in this Memorandum until it has first given reasonable prior notice to and
met and conferred with the Organization.
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/her designated representative
may be more appropriate.)
2. All materials must be dated and must identify the organization that published them.
3. The actual posting of materials will be done by the City as soon as possible after they have
23 Final
been approved. Unless special arrangements are made, materials posted will be removed
thirty-one (31 ) days after 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.
o
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
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 shall be given preference in scheduling vacations. 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 1.12.2.
ARTICLE 1.51
EAP PROGRAM
The Organization will work with the department to resolve concerns regarding the con~dentiality of
the EAP Program.
ARTICLE 1.52
EARLY RELEASES
Unit employees may, subject to approval of the on-duty Captain, 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 department 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 forty-four
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.
24 Final
When trading shifts, every effort will be made to obtain relief utilizing personnel of the
same rank.
C o
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.
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 FD 1634" 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.
25 Final
ARTICLE 1.55 INTENTIONALLY LEFT BL,&NK
ARTICLE 1.56
STRIKE TEAM RESPONSES/PERSONNEL ASSIGNED
1.56.1 Once annually. the Department will designate the stations/equipment to be utilized for
strike team responses.
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
RETIRENIENT
1.58.1
The City maintains in place for represented employees, the 2% at 50 retirement
program with the following options:
I. One Year Final Contribution.
2. Post Retirement Survivor Allowance.
3. 1959 Survivor Benefits.
4. Military Service Credit as Prior Service.
1.58.2
1.58.3
Following the ratification of this Agreement, the City will begin the process of
upgrading to the 4th Level 1959 Survivors Benefit.
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
THIS ARTICLE LEFT INTENTIONALLY BLANK
ARTICLE 1.6 l
THIS ARTICLE LEFT INTENTIONALLY BLANK
ARTICLE 1.62
TERM OF AGREEMENT
This Agreement shall be effective as of January 1,
until December 31, 2001,
period beginning January
1999, and shall remain in full force and effect
or until a new Agreement has been executed. Proposals for the contract
1, 2002, shall be submitted by November 1, 2001, and negotiations
26 Final
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
MEMBERS ONLY
It is agreed that the terms and conditions of this Agreement shall apply only to the members of the
Organization employed in the classification set forth in Exhibit "A."
FOR T ,- G~ION~
FOR T.I~ CITY:
DATE: & f 'i'-q~
27
Final