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HomeMy WebLinkAboutRES NO 125-92RESOLUTION NO. 125-92 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, authorizes the City Council to provide for salaries bell~f~s for employees of the City; and Section 12, and related 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 Firefighter's Labor Organization have agreed to a Understanding, as attached hereto; and Bakersfield Memorandum of 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, 1992, and expire at midnight on December 31, 1993, 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, 1992, the attached document, entitled "Memorandum of Understanding between the Bakersfield Firefighter's 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 two-year period beginning January 1, 1992, and expiring at midnight, December 31, 1993. .......... ooo .......... 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 'Jill 0 ~ ~§gZ , by the following vote: AYES: COUNCILMEMBERS: I~DWAI~DS. D~MONO, SMITH, BRUNNI, P£~R$ON, McDI~MOTT, ~ALVA~10 NOES; COUNCILMEMBERS: ABSENT COUNCILMEMBERS: AEISTAIN: COUNCILMEMBERS CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPRO~ED SIIII 0 ~ 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: NCE LUNARDINI CITY ATTORNEY of the City of Bakersfield MC/kef Attachments The MOU attached with Resolution 125-92 was not executed by the Firefighters negotiating unit because of omissions; we were advised by the Firefichters that they refused to sign it. OR;G;~AL ~6/24/92 i0:~6 ]REER CEh~TER ~ ~053263078 N0.099 MEMORANDUM OF UNDERSTANDING BAKERSFIELD FIREFIGHTERS LABOR ORGANIZATION, FIREFIGHTERS AND ENGINEERS UNIT AND CITY OF BAKERSFIELD January 1, 1992 December 31, 1992 OR;G~t4AL NO. 099 TABLE OF CONTENTS ART I C LE 1.01 1,02 1.03 1.04 1.05 1.06 1,07 1.08 1.09 1,10 1.11 1.12 1,13 1.14 1.15 1.16 t .17 1.18 1.19 !,20 1.21 1.22 1.23 i. 24 ! PARTIES TO MEMORANDUM CITY COUNCIL DETERMINATION RECOGNITION SCOPE OF REPRESENTATION MEMBERS ONLY SENIORITY MANAGEMENT AND EMPLOYEE RIGHTS RESERVED HOURS OF WORK OVERTIME PAY CONFLICT OF M~M©RANDUM AND RESOLUTION VALIDITY OF MEMORANDUM SALARY AND WAGES ACCESS TO PREMISES BULLETIN BOARDS NO REDUCTION AVAILABILITY OF DATA NO STRIKE OR LOCKOUT UNION SECURITY GRIEVANCE PROCEDURES GRIEVANCE REVIEW NOTICES HIGHER JOB CLASSiFiCATION AND LONGEVITY PAY iMPROVEMENT IN QUALITY CF SERVICE BEREAVEMENT LEASE LEAVES ~F ABSENCE OR;G:NAL ii 13 14 15 15 16 1 1 1 1 2 2 2 2 2 4 4 5 7 7 8 1.26 1.27 1.28 1.29 1.30 1.31 1.32 1.33 1.34 1.35 1.36 1.37 1.38 1.39 1 40 1 41 1 42 1 43 1 44 1 45 1 47 1 48 1,49 JURY DUTY 17 HEALTH AND WELFARE 17 VISION INSURANCE 18 UNIFORM ALLOWANCE SICK LEAVE AND VACATIONS HOLIDAYS 18 DEFERRED COMPENSATION AND SAVINGS PROGRAM !8 RETIREE MEDICAL 19 EAP PROGRAM 19 VACATION 19 RESIDENCY REQUIREMENT 19 · EST~N~ 19 DRUG ' ~ ~ SMOKING REGULATIONS 20 PHYSICAL ASSESSMENT PROGRAM 20 LIGHT DUTY 20 HEPATiTIS-B INOCULATIONS 21 BREATHING APPARATUS 21 VACATION SCHEDULING 21 OVERTIME ~ARD~ 22 CALLBACK 22 JOINT COMMITTEES 22 EARLY R~LEASE 23 COMPENSATORY TIME 23 TERM 24 099 [;05 ARTICLE I . 01 ~ART!ES TO M~MOR~ND~ 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, kereinafter referred to as the Organization, on behalf of the employee- members occupying the job classifications as set forth in Exhibit "A" which is attached hereto and made a part hereof. ARTICLE 1.02 CITY COUNCIL D~TERMINATTON This Memorandum of Understanding constitutes a joint recommendation between the par~ies 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. 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 reco~nendations set forth herein should be implemented by the City Council only to the extent necessary to effectuate the changes expressly provided herein. ~TICLE 1.03 RECOGNITION The Bakersfield Firefighters Labor Organization, is hereby recognized as the Exclusive Recognized Employee Organization for those employee-members occupying the job classifications within the Fire Uni~ ~s set forth in the City's Employer- Employee Relations Ordinance Supplemental Rules and Regulations. ARTICLE 1.04 SCOPE OF REPRESENTATION The Scope of Representation of ~he Recognized Employee Organization shall include all matters relating ~o emp!oymen~ con~itions and employer-employee relations including (bu5 not limited to/ wages, hours and c~ker terms and conditions of employmen~ bu~ excluding the merits, necessity or cr activity provlded by law or organization of any servzce executive or~er. OR;G:~AL CAR~_~ CENTER - ~05326~078 ARTICLE 1.0~ ~M~ERS 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". ARTICLE 1.06 SENIORITY Seniority ~hall be given preference in scheduling vacations. Seniority as herein used shall be defined a~ the date of hire, whether continuous or not, with the City of Bakersfield Fire Department. ARTICLE 1.07 M~AGEMENT 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, res=riot 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 1.08 MOURS 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 "paybacks" ("D" days) for holiday time in the schedule and with the 24-hour shift being ~he normal work shif~ for employees. ARTICy !.09 OVERTI~ PAY OVERTIME PAY - SCHEDULING 1.09.1 Shift P~t~. Eligible employees of the Fire Department assigned to a 24-hour duuy shift who work authorized overtime shall be compensated with a credi~ ~f compensatory time off at one and one-half (1-1,/2) times the hours of ©vertlme worked or equivalent pay. Authorized overtime shall be any time worked over the regular work schedule. Suck compensatory time shall be taken off as mutually agreed upon, however, such requests shall be made at least ~wenuy-four (24) hours in advance of the requested time off. In 9ranning compensanory time off, the Fire Chief shall call bac~ ©ff-ducy personnel ~o maintain a minimum staffing schedule at each station. Such minimum staffing for each station, ~= i~] service, is as follows: 1.09.2 ~.09.3 Station 1 Captains Engineers Firefighters 2 4 2 Station 2 1 2 2 Station $ 1 1 1 Station 4 1 1 1 Station Station 6 1 1 1 Station 7 2 3 2 Station Station 9 1 1 1 Sta=ion 11 1 1 1 The Fire Chief shall not be required to call back personnel on City recognized holidays; however, compensatory time off may be granted by the Fire Chief if the staffing schedule is not affected on such holidays. Minimum Callback Fire Suppression personnel in the unit called back to work after being released shall be entitled tca minimum of two (2) hours of work or pay. Such minimum time shall no5 be applicable for employees standing by for relief of other regular shift or workers on a normal shift-to-shift basis unless 5he 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 raLe of time and one-half (1-1/2) in cases of callback for shift work or other non-emergency work. Double 5ime shall be paid for callbacks for fires, fire watches, staffing roserue fire apparatus during fires, and other emergency situations, such as windstorms, earthquakes, rescue and flood. Modifications to Minimum Staffing Schedule At leas% sixty (60) days prior no the opening of any new fire station, the .City shall give ncnzce uo the Organization and upon request, mee~ and confer' on ~he minimum staffing levels for the new s~aticns as well as possible changes in sSaffing levels - ~ - OR;G~4AL 06/24/92 12:02 C~R~R CENTER ~ 805S265078 N0.099 ~02 1.09.4 Maintaining Minimum Manning Every effort will be made to maintain the assigned personnel complement of the respective fire companies. In order to maintain this manning 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 5he 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 assigned personnel levels. ARTICLE 1.10 CONFLICT OF MEMO~NDUM AND R~SOLUTION 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 the 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 1.11 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 competent Jurisdiction, such invalidation of such portion of the 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 contaln.d in 06x24/92 11:00 CR~-~ CENTER - 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 the 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 employees represented by the Organization under the terms of this Memorandum of Understanding. The city shall not make changes on other matters within the Scope of Representatiun bu5 no5 included in this Memorandum until it has first given reasonable prior notice to and met and conferred with the Organization. ARTICLE 1.12 SA?.ARY AND WAGES The salary ranges for the classifications of the unit be amended as follows: shall 1.12.1 Genera! Salary, ~crease 3% December 30, 199t; 3% December 28, 1992 In addition to 5he increases set forth above, the parties have agreed on the following equity adjustments. These adjustments are intended to bring unit classifications closer to the average of survey agencies. 1% December 30, 1991 2.5% June 29, 1992 1.5% December 28, 1992 2% June 28, 1993 1.12.2 Increases occurring at the same time as 5hose scheduled above, shall not ccmpo~lnd with t~ose increases. Retirement Contribunions. The City's contribution towards employees PERS contribution ~hall be 9% for those employees hired ~rior to 3uly 1, 1983, and 4% for those employees hired on or af~_r July !, ~8~ Employees hirec~ on or after July !, 1983, will he eliqible to receive 5he 9% paymenu e!rect~-~e the becinninc of their 7th uninterrup%e~ year of service. Such payments by the ~ shall be reporned as normal contributions and shall be credited ~o the empi.cye~es accounts purst~an~ tO Government Cs=e Sects-on 2~15, thls PERS p~ckup OR,G,NAL pursuant to Section 414(H) (2) of the Internal Revenue Code. ~RTICLE 1.13 AC~SR TO PREMISES Reasonable access tc employee work locations shall be granted officers of recognized employee organizations, and their officially designated representatives, for the purpose cf 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 co!locking dues, holding membership meetings, campaigning for office, conducting elections and dis:ributing literature, shall not be conducted during working hours. If the a5usndance at a station exceeds the personnel on duty, the Crganization shall gain approval for the meeting from the officer in charge of the Bakersfield Fire Department. ARTICLE 1.14 BULLETIN BOARDS Recognized employee orqanizaticns 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. 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 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 %he City Manager. The City reserves the right tO denermine where bulletin boards shall be ciaced and what mortion of,them are to be allocated 50 employee crganizaticns' materlals. _ 06,'2~/92 11:02 CAR~_R CEI'~TER An employee organiaa=ion that does not abide by these rules may forfeit it~ 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 iepartment employees; however, nothing shall be posted of a defamatory nature. ARTICLE 1.15 NO R~DUCT!ON It is agreed that no member of the Organization by virtue of aaoption 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 Section 1.12.2. A~TICLE 1.16 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 aqency, 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 ]he 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 empieyee 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 sur~marles, 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 ccnstlz'/te an unwarranted invasion of personal privacy or be contrary tc merit system principles unless authorization by the individual employee is obtainec. Working papers or memoranda which are not retained in the ordinary course of business or any public records available whic~ cleariy outweigh the public interest served by disclosure of the record. Records pertaining ~n-~h have not been party, or to c!a~ms cr appaa!s settled. OR;G'3~AL CENTER - ~05~=~0~$ N0.099 Qi2 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. ~RTICLE 1.17 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 actions, 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 50 such organization, and prohibit the use of bulletin boards, prohibit the use of City facilities, and prohibit access to former work or duty sta5ions by such organizations. As used in this Section "strike or work stoppage" means concerted failure tc 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 employmen~ 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 set~ing 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 recezves notice of the decision upon which its completion is based, or its complaint will be considered closed and not subject 5c any o%her appeal. ARTIC%R 1.18 UNION SECURITY Each employee in the Fire Unit shall, either (l) 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 ~eriodic representational fee. represenua=lonal fee shall be in the amount uniformly estaDlished by the Qrganizaticn's Board of Directors, but in no event shall such ~ -~ =~ ~ ~ _~p__s~.~t~t-on fee exceed a~ of the - ~ - OR;GI~JAL 06x 24x~2 1].: 04 CAREER CENTER ~ ,~E)5,~.~ooO, o HO. 899 [~13 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 o~her 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 wi=h Government Code Section 3502.5 and following a secret ballot election the bargaining unit employees which was held in June, 1989. The Organization agrees to adhere to all statutory and ~udicial requirements relating to Agency shop. Specifically: Serv4c~ Fee A. Organization agrees co keep an adequate itemized record of its financial transactions and shall make available annually to the City wi=hin sixty (60) days after 5he end of its fiscal year, a written financial statement in the form of a balance shee~ 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 Kscrow account to be maintained at a specified bank, pending resolution of the dispute pursuant to the Setrace Fee Complaint procedure. Servic~ =ee Complaint ?rccedur= A. This Complaint Procedure shall be utilized solely no resolve disputes arising out of the deduction cf a Service Fee by the City pursuant to a negotiated agreement. 1. issues subject ~o t~s Complaint Procedure shall be limited to the following: That a port/on of the Service Fee deduction is being ~ltilized for non-representationai activities. That the non-mender is a member of a kona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations. in the event -.ha% it is determined pursuan~- --3 this _~rcse~ure that such non-member is a ~- this .., me~er ~ ~ religion or body pursuant co ~ - ~- OR',G:~AL 06/2~x92 i1:~5 CA~ .R CENTER ~ 8~53265D?~ N0.~99 D14 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 2. City agrees to deduct and to remit fees designated in behalf of one of the above charitable organizations to said organization. B. 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 Association (BFLA) . The complaint shall be in writing and shall specify the reason(s) for the objection to the deduction. The complain= need not be formal but shall clearly state the basis for the objection. 1. 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. 2. Upon receipt of the written complaint, the Organization shall place the entire Service deduction in%o Escrow pending resolution of the dispute and shall request a list of arbitrators from the State Conciliation Service cr the .American Arbitration Service. C. Informal M~dia~~on. Notwithstanding Step B, Subsection 2, above; either 5he Organization or =ke complainant may reques% 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 media%ion, if either complainant cr Organization is dissatisfied, either party may request arbitration. D. Selec~on of Arbitrit~r. The Arbitrator shall be selected by mutual agreement between the Organiza~'-cn the complainant. !. Date for Complain% Hearing. The Organization shall contact the selected Arbitrator within ten (10~ calendar days from the date of %he completion cf the Mediation PrOCesS, or in the event tha~ Mediation is not utilized, within ten (10) working days of receipt of the complaint. Upon con~irmation by Arbitrator, the Orcanizauicn will forthwith contac% - i '$ - OR;GII=,~AL CAk~_R CENTER ~ ART I C LE (A) the complainant by Certified Mail indicating the date, time, and place of the Complaint hearing. Payment ~f Co~Ts. 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 Organizauion shall pay the entire cost of the Arbitration. Effect ef Arbitrator's Dec{~icn. 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. 1.19 GRIEVANCE PROCEDURES PURPOSE OF THE RULE: (1) To promote improved employer-employee relationships by establishing grievance procedures on matters for which appeal is not provided by other regulations. (2) 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. (B) (3) To provide that grievances shall be settled as near as possible to %he point of origin. (4) TO provide ~ha= the grievance procedure shall be as informal as possible. MATTERS SUBJECT TO GRIEVANCE PROCEDURE: For 5he purpose of this rule, a grievance shall be considered as any maurer for which appeal is not provided for, or prohibited, in ~he Personnel Ordinance concerning: (1) A dispute about ~he i~erpretation or application of any ordinance, rule or regulation governing personnel practices or working conditions. (2) A dispuue about a decision o~ wages, hours and other terms and conditions of employmenu, other ~han a fundamental management decision. -ii- OR;G:F~AL 06,,24x92 i1:07 C~_R CENTER - 805~26J078 N0.099 (C) 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 supervisors' 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/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.) (1) Firs~ Level of Review: A grievance shall be presented in writing to the emplcyee'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, cr if no answer has been received within Ten (10) days, the employee may present ~he appeal in writing to hi~/her supervisor's immediate superior. Failure of the employee co take further action within ten (!0) 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. (2) Fur=her 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 time 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 5he appeal in wrizing to 5he depar~men~ head. Failure of the employee to take further action within ten (10) days if no decision is rendered, will conszitute a withdrawal of the grievance. (3) Department Review: The department head receiving the grievance, or his/her designated representative, should discuss ~he qrievance wi5h %he employee, his/her representative, i~ any, and with other appropriate persons. The department head shall render his/her -:2- OR;G:NAL CENTER ~' 805326~E}78 N0.099 [~;t? (4) ARTICLE decision and comments in writing, and return them 5o 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 Uen (10) calendar days, he shall have an additional ten (10) days to submit his/her grievance to the City Manager. Failure of the employee ~o 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 constituse 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 sen calendar days after receiving the grievance. 1.2Q ~IEVANCE REVIEW Grievances which may be processed through the procedure set forsh in 1.19 shall be limited tc those which (1) have not been settled under the provisions set forth in 1.18 above 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 s~lspension of thirty (30) calendar days or less are vested by Charter in the City Manager; disciplinary ma~ters involving suspension of more 5hah ~hirty {30) calendar days, up ~o and including discharge, are vested by City Charter in the Civil Service Commission; and mat~ers involving the expenditure of City funds are vested by Charter in the City Council. Grievances which are no% 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 representative fo= the purpose of forming a review board. The ~wc representatives selected shall, within seven (7) days, select a third par~y who shall be a residen~ of the City of Bakersfieia. OR~G,NAL 06~24x92 11: ~9 CAR~ .,~ CENTER ~ 8G5~=b~O, 8 NO. 099 [~18 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 wi%ness 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 ~he Organization for any loss of pay for time off. The Review Board shall have no power to alter, amend, change, add ~o, 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. Either party may be represented by legal counsel. The par~ies 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. No decision of the panel shall require the exercise of the legislative authority of ~he City Council nor shall it contravene any existing City ordinance, the City Charter, or State Law. The decision of the panel skall be made in writing within twenty (20) days from the close of the hearing. 1.21 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 pre-paid, addressed to the recipient by his/her last known address. in lieu of mailed notices required to be given by a recognized emptcyee organization, personal delivery of such notices may be made on the Ci~y's Designated Representative. No%ice shall be deemed for all purposes to have been given upon physical delivery thereof, or upon its deposit in 5he custody of said postal seruice. ~6x24/92 11: 18 CAK-=R CENTER - ~053263~78 NO. 099 [;i9 ~TICL~ 1.22 HIpHER JOB CT.~SSTFIC~TION AND LONGEVITY (A) TEMPORARY ASSIGNMENT TO DUTIES IN A HIGHER CLASSIFICATION' gAY Any employee who is assigned duties of a higher Job classificarion for more than twelve (12) continuous hours in a single workshift, shall be paid the wage rate of the higher classification. (B) BIDDING AND PROMOTIONS: The parties agree ~hat 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 cf the actual vacancy. (C) LONGEVITY PAY: 1. All employees 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. No employee shall be permitted to pyramid the fifteen (15) years seniority and the AA degree incentive pay. However, ~he paymen5 of this longevity pay shall in no way eliminate any other pay the employee is entifled. 2. Employees hired after April 10, 1989, shall not be eligible to receive longevity pay. ARTICLE 1.~ IMPROVEMENT IN OUALtTY OF SERVICE It is the intent of 5he parzies to improve the quality of service that the fire department provides the citizens of Bakersfield. It is acreed that the ~mpioyer a~d Organization shall implement such steps that are necessary tD bring about suc~ ~mprovements. ~RTTCLE !,24 BEREAVEMENT LEAVE In case of death wiLhin the ir~aediate family of an e~pioyee, the employee may, upon apprcvai of the department head, use up ro two (2) shifts of any accumulated sick leave, vacation leave or compensatory t~me off due him/her for overtime worked Lo attend the f'Inerai or memorial services. Additional ~ ~ off for tr~vei may be granted upon recommendation of the iepartme~ head and approval OR,G,~AL 06/24/92 11:10 C~RmeR CENTER - 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. 1. L~AV~S OF ~RS~NCE Leave of absence withoist psi: Leaves of absence without pay, up to a period of six (6) months, may be granted to an emo!oyee upon the recommendation of the department head Qith the approval of the City Manager. No leave of absence shall be granted to allow an employee to accept o~her employment on a trial basis. Leaves of absence for periods of time longer than six (6) months must be approved by 5he City Council. Employees on authorized leave of absence without pay shall not accrue vacation, holiday, or sick leave benefits during such leave. 2. Unauthorized leave of absence: Unauthorized leave of absence shall be considered to be without pay and reductions in 5he employee's pay shall be made accordingly. Unauthorized leave of absence for more than two (2) consecutive working shifts shall result in automatic termination of employment unless the employee can demonstrate that such absence was due to circums=ances beyond his/her control. Military leave of nbsence: 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 raml~tary regu-atlons, ~o determine · ~ be taken when such leave sna~. · 4. Community ServTM - ~eave cf Absence: Leave of 5bsence with pay, no~ to exceed one (1) full working day, may be granted an employee upon the recommendation of ~he department head and the approval of the City Manager, if such leave is determined tc provide a community service and is in the best interests of the City. Discretion ~f -he City Ccunci!: The Citv Co~lnci! may, its' discretion, upon good cause shown, grant leaves cf absence other than ~s provided for herein. OR;G:NAL ARTICL~ 1.26 J~RY 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, ARTICI~ 1.27 HEALTH AND WET.FAR~ 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, VisioD, and Dental Benefits. Effective July 2, 1992, %he City and employees shall share bi-weekly contributions towards medical, vision, and dental pla~s for all employees of these Units as follows: Fee Dental Fee M~alth HMO Dental Fee Dental ~MO ~palth ~MO Mea~h HMO Dental Employee F~ Meal~h Cont~ibution Employee 83% 83% 83% 83% ~7% only Employee 83% 83% 83% 83% 17% +1 Family 83% 83% 83% 83% 17% Effective Decetcher 30, 1993, and thereafter,the City and employees shall share bi-weekly contributions towards medical, vision, and dental plans for all employees of these Units as follows: Fee Dental Pen~al HMO RMO Mealth Fee Dental MMO Mea]th Den~al HMO Employee Fee ~ea~th Cont~ibut~on Employee 80% 80% 80% 80% 20% only Employee 80% 80% 80% 80% 20% +1 Family 80% 80% 80% 80% 20% -17- 06~ 24/92 ii: 12 CAR CENTER - :~053263078 NO. ~99 D2? Lif~ Insurance. Effective as soon as possible following ratification of this Agreement by both parties, the City shall increase the base llfe insurance coverage to Twelve Thousand ($12,000) Dollars. ARTICLE 1.28 VISION INSURANCE The City shall maintain in effect the existing vision insurance coverage for all employees and their family members. Plan coverage shall be as agreed by the medical insurance committee. The City shall pay the full premium for the term of this Agreement. ARTICLE 1.29 UNIFOP~ ALLOWANCE Effective July 1, 1992, the uniform allowance shall be increased to Six Hundred Forty ($640) Dollars. Effective July 1, 1993, the uniform allowance shall be increased to Six Hundred Eighty ($680) Dollars. Effective December, 1993, the Butwin jacket shall become a mandatory uniform item. ARTICLE 1.3~. SICK LRAVE AND VACATIONS Vacation and sick leave accrual shall remain the same. Employees in the unit accrue sick leave at =he rate of five point six (5.6) shifts per year with a maximum of fifty-si~; (56) shifts. An employee who has accrued fifty-six (56) shifts will receive one-half of his/her shifts accrued and unused during the year as vacasion and the other one-half (1/2) of unused shifts will be paid to the employee no later than the following January 15. All vacation pay 5hat results from converted sick leave shall be paid no later than January 15 of each year Employees who accumulate seven (7) or more shifts of vacation per year shall be entitled a spli5 of vacation periods. SenioriSy shall determine the allocauing of available vacation periods with all employees' first choices being considered kefcre the consideration cf the second half of a split vacation request. ARTICLE 31. HOLIDAYS All employees covered by ~his agreemen5 shall accrue holiday pay at the rate of six and one-half (6.5) shifts per year uo 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 !.32 D~FERRED CO~ENSATION %ND SAVINGS 9ROGRA/~ · ~=t3 agrees to make aval!auie ~ Deferre~ Compensation The c~ " ~ the employees ccvere~ by ~his Agreement a de~erre~ %%~Xc~ .compensation program. ~co' ~. OR;G:NAL 06x24x92 11:13 CARu. R CENTER ~ 805J26307~ N0.099 Q23 Savings Program. The parties agree to establish a cost savings-sharing program. The procedures for implementing this Plan will be worked cut by mutual agreement of the parties. ARTICL~ 1.33 RETIREE ~EDICAL Eligibility for and contributions toward retiree medical insurance shall be as set forth in the Supplemental Memorandum of Understanding between the City and Firefighters and Engineers Unit regarding health benefits dated November 23, ~958. Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare coverage, whe=her 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 recezving coverage under the City's plan. ARTICLE 1.34 ~A~ PROGRAM The Organization will work with the department to resolve concerns regarding the confidentiality of the EAP program. ARTICLE 1.35 V~CATION Vacation accruals shall be as set forth in the Bakersfield City Code, Section 2.84.350 (B & C) . ARTICLE 1.36 RESIDENCY REOUIREMENT The residency requirement shall be forty-five (45) minutes normat driving time from City Hall. Normal driving time shall be de£ined as driving at the posted speed limiu, absent any accidents, traffic Jams, etc. ARTICLE 1.37 DRU~ TESTinG The Organization and City agree to impiemen5 a drug program. The goal and intent of this program shall be rehabi!itation and assisting first time offenders with drug problems. Action taken against employees shall be determined by zhe individual circumstances of each case, and disciplinary acuion, up ~o and including termination, is possible. The administration of this program shall be as the Organ~a=ion and City and shall t~e term of this Agreement; except Section 1.46. -!9- agreed L~ by continue unchanged for as provicied 9cr in OR;G',N'AL 11:14 ~ !CENTER ~ 805~26307~ ~0.099 ~ ARTICLE 1.38.1 1.38.2 ART I CLE 1.39.1 1.39.2 ARTICLE 1.38 SMOKING REGU~.~T%ONS 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 ~hat they shall not smoke, either on or off duty, during the term of their employment with the City. violation of the non-smoking agreemen= shall result in disciplinary action. The City and Organization have met and conferred on the implementation of smoking regulations for fire stations. The par=ies have agreed to amend the draft smoking regulations by allowing smoking on the apparatus floor only, 1,39 p~YSIC~L ASSESSMENT PROGRAM At least once during the term of this Agreement, 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 cemposition, muscular endurance, and flexibili5y. 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. The City and Organization have formed a joint committee to study further modifications/development of a physical fitness program, Mutually acceptable findings cf the co~T~ttee shall be implemented as soon as practlcaD!e. 1.40 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, %he employee may work in a light ducy capacity based on the fol!cwing conditions: 1. An employee may wor~ light duty only upon approval ~f the ~operly appointed City Physician and Fire Chief, --.- illness ' - an~ ~nly to the extent that the emplo~ee's '~- injury ~s not further aggravated by working in ' ~° capacity, nor is a hazard creaue~ for o~her emplcyees:~K ORG3,AL 2. Each applicant for light duty status must be evaluated on a case by case basis. 3. Individuals are not assigned to light duty if there is a chance u~a% doing ~o might result in liability against the City. 4. 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. 5. Employees shall accept light duty assignments, if offered, if their illness/injury is Job related. 6. Employees denied a requested light duty assignment will be provided a written explanation, if requested. Every elferr is made to make the light duty assignment a pleasant learning experience for each individual involved. ARTICL~ 1.41 HEPATITIS-B INOCU~,%TIONS The City shall make available to all unit employees, Hepatitls-B inoculations. Employees shall receive the inoculations on a voluntary basks, ARTICLE 1.42 BREATHING APPARATUS The City shall provide individual breathing apparatus masks for each ~lnit employee engaged in fire suppression activities. ARTICLE 1.43 VACATIO~ SCHEDULING .43.1 1.43.2 ~_;e (5) employees (Firefighters through Captain Up tO '~' ' ctasszilcatlon~) sh5il be allowed to schedule vaca51cn an any ~ time. Employees who accumulate seven (7) or mere shifts of vacation periods shall be allowed to request a spii5 in vacation periods. Seniority shall determine the al!ocauing of available vacation periods with all employees' firs~ choices being considered before the consideration of the second of a split -;acation request. One "' shift of vacation wl_~ be the smallest SD±15. -21- 1.43.3 Employees who have eight (8) or more vacation shifts must schedule eight (8) vacation shifts during the annual vacation sign-up, but may carry-over (leave unscheduled) up to four (4) vacation shifts. These shifts may be taken off during the year subject to: a. Paragraph 1.43.1 above b. Forty-eight (48) hours advance request and department approval. c. Requests will be processed on a first-come, first-serve basis. d. At no time may the number of shifts being carried over exceed four (4). ARTICLE 1.44 OVERTIME CARnS Overtime cards shall be moved only when the employee has actually worked a continuous 12-hour period, or longer, of overtime. ARTICLE 1.45 CALLBACK Callback shall be on a rank-for-rank basis excluding callbacks ~o fill vacation and compensatory time off. ARTICLE 1.46 JOINT COMMITTEES The City and Associatlon agree to establish the =oilowing joint committees: Hazardous Mater{at~ Committee. TO be comprised of five members appointed by the Association and five (5) members tc be appointed by the City. The committee shall immediately commence meeting and shall complete its' work no later than September !, 1992. Any committee recommendations falling within 5he scope of representation shall be referred to the meet and confer process. Drug Policy Commitr~. To be comprised of two (2) members appointed by the Association and two (2) members to be appointed by the City. The committee shall immediately commence meeting and shall complete its' work no later than October !, 1992. Any committee recommendations falling within the scope of representation shall be referred to the meet and confer process. 11:16 CAR==R CENTER - 805~26~78 Diesel Exhaust Committee. TO be comprised of two (2) merabers appointed by the Association and two (2) members to be appointed by the City. The committee shall ir~mediately commence meeting and shall complete its' work as soon as possible. Any committee recommendations falling within the scope of representation shall be referred to the meet and confer process. ARTTCLE 1.$7 EARLY R~LE;~E Unit employees may, subject to approval of the on-duty Captain, arrange for early release up to two (2) hours prior to %he scheduled end of their work shift. Release shall be contingent upon the employees 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 1.48 COMPENSATORY TIMe. 1.48.1 Fire personnel on five (5) day per week work schedule may accumulate compensatory time up to sixty (60) hour~. Any compensatory time in excess of sixty (60) hours shall be automatically paid if management is unable to schedule time time off. The use of compensatory time shall be scheduled through mutual agreement between the employe 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. 1.48.2 Requests for compensatory time off shall be $ubmit~ed thirty (30) days in advance of the time requested off. Once submitted, requests shall be approved or denied within for=y-eight (48) hours. Once approved, compensauory time off shall not be cancelled, except in cases of emergency. ART~'~'.~ I . 49 TER~ This Agreement shall be effective as of January 1, 1992, and shall remain in full force and effect until December 31, 1993, or until a new agreement has been executed. Proposals for the contract period beginning January 1, 1994, shall be submitted by November %, 1993, and negotiations shall commence no la%er than November 15, 1993, unless the parties mutually agree o~herwise. This Memorandum is entered into and effective upon ratification and acceptance by the City Council of the City of Bakersfield. FOR THE CITY DATE: DATE: l/-- Z - ~-~- -24- OR,G3,,AL PAY13.10.01 09:46AN 19 JUN 1992 0 CLS T CLASSIFICATION TITLE 215 A FIRE ENGINEER 215 A FIRE ERGINEER 220 A FIREFIGHTER 220 A FIREFIGHTER 226 A FIREFIGHTER TRAINEE 226 A FIREFIGHTER TRAINEE C SALARY D BASIS H HOURLY BI-WKLY NONTHLY S HOURLY-112 BI-WKLY MONTHLY H HOURLY MONTHLY S HOURLY-112 MONTHLY H HOURLY NONTNLY S HOURLY-112 BI-gKLY MONTHLY CITY OF BAKERSFIELD SALARY SCHEDULE 3 - FIRE (SAFETY) UNIT EFFECTIVE DATE: 30 DEC 1991 EDU STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 PCT 15.811 16.617 17.452 18.338 19.267 1,264.88 1,329.36 1,396.16 1,467.04 1,541.36 2,751.11 2,891.36 3,036.65 3,190.81 3,352.46 11.294 11.866 12.458 13.097 13.763 1,264.93 1,328.99 1,395.30 1,466.86 1,541.46 2,751.22 2,890.56 3,034.77 3,190.43 3,352.67 14.318 15.047 15.811 16.610 17.452 1,145.44 1,203.76 1,264.88 1,328.80 1,396.16 2,491.33 2,618.18 2,751.11 2,890.14 3,036.65 10.234 10.748 11.294 11.865 12.658 1,166.21 1,203.78 1,264.93 1,328.88 1,395.30 2,493.00 2,618.21 2,751.22 2,890.31 3,034.77 11.470 12.050 12.662 13.303 13.977 917.60 964.00 1,012.96 1,06~.24 1,118.16 1,995.78 2,096.70 2,203.19 2,314.72 2,432.00 8.189 8.609 9.0~ 9.498 9.989 917.17 96~.21 1,012.93 1,063.78 1,118.7'7 1,994.84 2,097.15 2,203.12 2,313.71 2,433.32 PAGE: 1 RUN DATE: 06-19-92 OR;G:~;^L :AY13.10.01 :9:46A# ~9 JUN 1992 0 iLS T CLASSIFICATION TITLE ~15 A FIRE ENGINEER ~15 A FIRE ENGINEER FIREFIGHTER :20 A FIREFIGHTER FIREFIGHTER TRAINEE ~26 A FIREFIGHTER TRAINEE SALARY BASIS HOURLY MONTHLY HOURLY-112 RONTHLY HOURLY MONTHLY HOURLY-112 MONTHLY HOURLY MONTHLY CITY OF BAKERSFIELD SALARY SCHEDULE 3 - FIRE (SAFETY) UNIT EFFECTIVE DATE: 30 DEC 1~1 EDU STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 PCT 15.811 16.617 17.452 18.338 19.267 1,264.88 1,329.36 1,396.16 1,467.04 1,541.36 2,751.11 2,891.36 3,036.65 3,190.81 3,352.46 11.294 11.866 12.458 13.097 13.763 1,264.93 1,328.99 1,395.30 1,466.86 1,541.46 2,751.22 2,890.56 3,034.77 3,190.43 3,352.67 14.318 15.047 15.811 16.610 17.452 1,145.44 1,203.76 1,264.88 1,328.80 1,396.16 2,491.33 2,618.18 2,751.11 2,890.14 3,036.65 10.234 10.748 11.294 11.865 12.458 1,146.21 1,203.78 1,264.93 1,328.88 1,395.30 2,493.00 2,618.21 2,751.22 2,890.31 3,034.77 11.470 12.050 12.662 13.303 13.977 917.60 964.00 1,012.96 1,0~4.24 1,118.16 1,995.78 2,096.70 2,203.19 2,314.72 2,432.00 HOURLY-112 8.189 8.609 9.044 9.498 9.989 BI-WKLY 917.17 964.21 1,012.93 1,063.78 1,118.77 MONTHLY 1,994.84 2,097.15 2,203.12 2,313.71 2,433.32 PAGE: 1 RUN DATE: 06-19-92 Ofi,G,~JAL RESOLUTION NO. ]72-g9, A RESOLUTION AMENDING RESOLUTION NO. 125-92 APPROVING THE MEMORANDUM OF UNDERSTANDING SETTING SALARIES AND RELATED BENEFITS FOR FIREFIGHTERS AND ENGINEERS OF THE FIRE DEPARTMENT (CORRECTION OF ERRORS AND OMISSIONS ON MOU). WHEREAS, Resolution No. 125-92 approves the Understanding setting salaries and related Firefighters and Engineers of the Fire Department; Memorandum of benefits for and WHEREAS, the City desires to make an amendment thereto. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Bakersfield that the Memorandum of Understanding with the Firefighters and Fire Engineers of the City be amended as follows: Article 1.09.1: Add minimum staffing levels for Station 13 as follows: Captains - 1; Engineers - 1; Firefighters 1. Article 1.26: Add "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 1.44: Overtime cards shall be moved only when the employee has actually worked a continuous 12-hour period, or longer, of overtime, or has declined to work. Article 1.48.2: Revise to read "Requests for compensatory time off shall be submitted no more than thirty days in advance " Article 1.52 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, 1994, 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. .......... 000 .......... 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 SEP 1 6 1992 , by the following vote: AYES: COUNCILI~EMSERS: E~OS, DEMON[;, SMITH, 9RUNNL PE'~R,~ON, McDERMOTt, SALVA~[10 NOES. COUNCILMEMBERS A~SENT C OU NCtLME M BE RS: ~7/~-) ABSTAIN C 0 U NCILME MSE RS · ~.'5,' CITY CLERK and EX OFFICIO CLERK of the Council of the City of Bakersfield APPROVED SEP ~ 6 1992 CLARENCE E. MEDDERS MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI CITY ATTORNEY of the City of Bakersfield F~R/T H F_,~'O~ N~I~ A T I ON: MC/kef RES.92\ERR&OM.MOU 8-31-92