HomeMy WebLinkAboutRES NO 124-92RESOLUTION NO. 124-92
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING SETTING SALARIES AND RELATED
BENEFITS FOR CAPTAINS 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
benefits 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, Fire
Supervisory Unit which represents this City's fire captains; and
WHEREAS, The City's negotiator and the Bakersfield
Firefighter's Labor Organization, Fire Supervisory Unit have agreed
to a Memorandum of Understanding, as attached hereto; and
WHEREAS, the Council has determined that such Memorandum of
Understanding complies with the guidelines established by the City
Council; and
WHEREAS, the Council has determined that provisions of the
attached Memorandum of Understanding shall commence on January 1,
1992, and expire at midnight on December 31, 1993, for all
employees of said Supervisory Unit employed on the date of adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield that commencing January 1, 1992, the attached document,
entitled "Memorandum of Understanding between the Bakersfield
Firefighter's Labor Organization, Fire Supervisory Unit and City of
Bakersfield" shall constitute the salary schedule and related
benefits for the categories and positions specified therein on the
date of adoption of this Resolution, and that the whole of said
attachment is hereby incorporated and approved as the Memorandum of
Understanding between the City of Bakersfield and the Bakersfield
Firefighter's Labor Organization, Fire Supervisory 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 JUL 0 1 lggZ , by the
following vote:
AYES: COUNCILM~MBERS: EDWARDS, OeMONO, SMITH, BRUNNI, P~TERSON, McDERMOT'i', SALVAGGIO
NOES; COUNCILMEMBERS: ~3 ~,
ABSENT COUNCILMEMBERS: ~?JOVI6
ABSTAIN: COUNCILMEMBERS' J',Jovl'~J
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED JUL 0 I ~997..
CLARENCE E. ME-DDERS
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of
Bakersfield
MC/kef
Attachments
RES.92\FIRE.MOU
OR;G~^L
~Y13.10.01
JUN 1992
0
-18 A
CLASSIFICATION TITLE
FIRE CAPTAIN
FIRE CAPTAIN
C SALARY
O SASIS
8 HOURLY
S HOURLY-112
HONTHLY
CITY OF BAKERSFIELD
SALARY SCHEDULE
6 ' FIRE SUPERVISORY UNIT
EFFECTIVE DATE: 30 DEC 1991
EDU
STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 PCT
19.076 20.042 21.052 22.116 23.?-37
1,526.08 1,603.36 1,68~.16 1,769.28 1,858.96
3,319.22 3,487.31 3,663.05 3,8~8.18 4,043.24
13.624 14.319 15.03~ 15.803 16.602
1,525.89 1,603.~3 1,683.81 1,769.94 1,859.42
3,318.81 3,488.11 3,66Z.28 3,8~9.61 4,044.25
PAGE: 2
RUN DATE: 06-19-92
ORiGiNAL
10-7-92
Vana Albitre talked with Gil Rojas regarding his signing this
document. Gil Rojas said that he and Maureen Cother had met with
the organization regarding this MOU earlier that morning - it
does have errors that need to be corrected. The Organization is
going to get back with Gil Rojas with their decision of how they
are going to go about correcting it.
Gil Rojas, Assistant Finance Director, has indicated he will not sign due to an
imcorapists MOU. ~;~.~
~?/15/92 08:~8 N0~578 ~12
MEMORANDUM OF UNDERSTANDING
BAKERSFIELD
FIREFIGHTERS LABOR ORGANIZATION,
FIRE SUPERVISORY UNIT
AND
CITY OF BAKERSFIELD
January 1, 1992 - December 31, 1993
~?/15/92 08:48 N0.378 QI3
TABLE OF CONTENTS
ARTICLE
1.01
1,02
1.03
1.04
1.05
1.06
I .07
1.08
1.09
1.10
1.11
1.12
1.13
1.14
1.15
1.16
1.17
1.18
1.19
1.20
1.21
1.22
1.23
1.24
1.25
1.26
1.27
PARTIES TO MEMORANDUM 1
RECOGNITION 2
SCOPE OF REPRESENTATION 3
MANAGEMENT AND EMPLOYEE RIGHTS RESERVED 3
HOURS OF WORK 3
SALARY AND WAGES 3
HEALTH AND WELFARE 4
VISION INSURANCE 5
UNIFORM ALLOWANCE 5
HOLIDAYS 5
JURY DUTY 5
SICK LEAVE 6
BEREAVEMENT LEAVE 6
COMPENSATORY TIME 7
STANDBY 7
VACATION SPLIT 7
PHYSICAL ASSESSMENT PROGRAM 8
GRIEVANCE PROCEDURES 8
GRIEVANCE REVIEW 10
RETIREE MEDICAL 12
NO STRIKE OR LOCKOUT 12
LIGHT DUTY 13
SMOKING REGULATIONS 14
RESIDENCY REQUIREMENT 14
VACATION 14
HEPATITIS-B INOCULATIONS 14
DRUG TESTING 14
.28
1.29
1.30
1.3t
1.32
1,33
1.34
I .35
I .36
1.37
1.38
1,39
1.40
1.41
1.42
1.43
1.44
1,45
1.46
1.47
1.48
1.49
1.50
1.51
1.52
1.53
1,54
1.55
COMPENSATION ADJUSTMENT/FAIR LABOR
STANDARDS ACT 15
BREATHING APPARATUS 15
OVERTIME CARDS 15
CALLBACK 15
DEFERRED COMPENSATION AND SAVINGS PROGRAM 15
UNION SECURITY 16
OVERTIME PAY 18
MINIMUM CALLBACK 19
MODIFICATIONS TO MINIMUM STAFFING SCHEDULE 19
MAINTAINING MINIMUM MANNING 20
AVAILABILITY OF DATA 20
HIGHER JOB CLASSIFICATION AND
LONGEVITY PAY 21
LEAVES OF ABSENCE 21
IMPROVEMENT IN QUALITY OF SERVICE 22
MAINTENANCE OF BENEFITS 22
VALIDITY OF MEMORANDUM 23
ACCESS TO PREMISES 23
BULLETIN BOARDS 24
SENIORITY 24
NO REDUCTION 24
EAP PROGRAM 25
ACTING ASSIGNMENTS 25
JOINT COMMITTEES 25
EARLY RELEASE 25
DIRECT DEPOSIT 26
HOLIDAY CALL BACK 26
EXAMINATIONS 26
TERM 26
This Memorandum of Understanding is entered into with reference to
the following facts:
no
The Bakersfield Firefighters Labor Organization, hereinafter
referred to as the Organization, is the only recognized
employee organization with the right to meet and confer in
good faith on behalf of employees of the City of Bakersfield
employed in those certain classifications included within
the appropriate unit of representation commonly referred to
as the Fire Supervisory Unit (Unit No. 6).
Representatives of management for the City of Bakersfield
and representatives of the Organization have met on a number
of occasions and have conferred in good faith exchanging a
number of proposals concerning wages, hours, fringe benefits
and other terms and conditions of employment for employee-
members represented by the Organization.
C o
Representatives of management for the City of Bakersfield
and representatives of the Organization have reached an
understanding as to certain recommendations to be made to
the City Council for the City of Bakersfield and have agreed
that the parties hereto will jointly urge said Council to
adopt one or more resolutions which will provide for the
changes in wages, hours, fringe benefits and other terms and
conditions of employment contained in these joint
recommendations.
THEREFORE, the representatives of Management for the City of
Bakersfield and the representatives of the Organization
agree as follows:
The parties hereto shall jointly recommend to the City
Council of the City of Bakersfield that one or more salary
resolutions be adopted effectuating the following changes in
salaries, fringe benefits and other terms of employment for
the employee-members represented by the Organization:
ARTICLE
1.01.1
1.01 PARTIES TO MEMORANDUM
This Memorandum of Understanding has been prepared
pursuant to the terms of Code Section 2.76 of the City of
Bakersfield, which is hereby incorporated by reference as
if fully set forth herein, and has been executed by the
Designated Representatives of the City of Bakersfield and
the Bakersfield Firefighters Labor Organization,
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 hereto and
made a part hereof.
-1-
1.01.2 CITY COUNCIL DETERMINATION
This Memorandum of Understanding constitutes a joint
recommendation between the parties here to be submitted
to the City Council for the City of Bakersfield for its
determination and implementation by one or more
resolutions as the City Council may deem fit and proper.
It is agreed that this Memorandum of Understanding is of
no force and effect until so acted upon by the City
Council of the City of Bakersfield. The Memorandum
contains certain recommendations for changes in salaries,
fringe benefits, and other terms of employment for the
employee members represented by the Organization.
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.
1.01.3 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 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 1.02 RECOGNITION
The Bakersfield Firefighters Labor Organization, Fire
Captains, is hereby recognized as the Exclusive Recognized
Employee Organization for those employee-members occupying
the job classifications within the Fire Supervisory Unit as
set forth in the City's Employer-Employee Relations Ordinance
Supplemental Rules and Regulations.
-2-
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 law or
executive order.
ARTICLE 1.04 MANAGEMRNT AND EMPLOYEE RIGHTS RESERVED
The parties hereto recognize the City has and will retain the
exclusive right to manage and direct the performance of City
services and the work forces performing such services. The
City and Organization agree that nothing in this Memorandum
of Understanding shall in any way abridge, restrict or modify
the rights and prerogatives of the City and its employment as
set forth in Code Section 2.76 and said Section is hereby
incorporated by this reference and made a part hereof as
though set forth in full.
ARTICLE 1.05 HOURS OF WORK
The basic schedule for fire suppression employees who are
covered by this Agreement shall average 56 hours per week
with no so-called "paybacks" ("D" 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
3% December 30, 1991; 3% December 28, 1992
1.06.2
In addition to the 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% December 28, 1992
1.5% June 28, 1993
Increases occurring at the same time as those scheduled
above, shall not compound with those increases.
-3-
I .06.3
Retirement Contributions. The City's contribution
towards employees PERS contribution shall be 9% for those
employees hired prior to July 1, 1983, and 4% for those
employees hired on or after July 1, 1983. Employees
hired on or after July 1, 1983, will be eligible to
receive the 9% payment effective the beginning of their
7th uninterrupted year of service. Such payments by the
City shall be reported as normal contributions and shall
be credited to the employees accounts pursuant to the
Government Code Section 2615, this PERS pickup is done
pursuant to Section 414(H) (2) of the Internal Revenue
Code.
ARTICLE 1.07 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. Effective July 2,
1992, the City and employees shall share bi-weekly
contributions towards medical, vision, and dental plans
all employees of these Units as follows:
for
Employee
only
Employee
+1
Family
Fee Dental HMO Dental Fee Dental HMO Dental Employee
Fee Health HMO Health HMO Health Fee Health Contribution
83% 83% 83% 83% 17%
83% 83% 83% 83% 17%
83% 83% 83% 83% 17%
Effective December 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:
-4-
Fee Dental
Fee Wealth
Dental HMO
HMO Meal~h
Fee Dental
HMO Health
Dental MMO ~mployee
Fee Mealth Contr{bution
Employee 80% 80% 80% 80% 20%
only
Employee 80% 80% 80% 80% 20%
+1
Family 80% 80% 80% 80% 20%
Life Insurance. Effective July 1, 1992,
the full cost of the existing life
ARTICLE 1,08 VISION INSURANCE
the City shall pay
insurance program.
The City shall maintain in effect the existing vision
insurance coverage for all employees and their family
mer~bers. 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 1.09 UNIFORM ALLOWAN~
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. For each year, one-half the
uniform allowance will be paid on or before July 1, the
remaining one-half will be paid on or before December 1.
Effective December, 1993, the Butwin Jacket shall become a
mandatory uniform item.
ARTICLE 1.10 HOLXDAYS
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: One-half (1/2) for three and one quarter
(3.25) shifts on or before December 1 of each year and one-
half (1/2) or three and one quarter (3.25) shifts on or
before June 30 of each year. Fire prevention personnel shall
be entitled to standby pay in the amount of $20.00 for each
holiday for which such employee is required to standby. In
addition, any such person who is required to be on stand-by
status over a holiday shall receive comparable time off at a
mutually agreed upon time. Scheduling shall be done so as
not to interfere with the operation of the Fire Safety
Control Division, as staffing is available.
ARTICLm 1.11 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, euch employees shall receive compensation from the City
-5-
equal to the difference between their regular salaries and
the amount received from the court for jury duty service,
less mileage. Employees released from jury duty must report
for work as soon as possible the same day.
ARTICLE 1.12 SICK LEAVE
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 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 following January 15.
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 wi=h
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) (two and one-kalf (2-1/2) shifts)
for each instance.
ARTICLE 1.13 BEREAVEMENT LEAVE
In case of death within the in~edia=e 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.
-6-
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 1.12
above.
ARTICLE 1.14 COMPENSATORY TIME.
1.14.1
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 time off. The use of COmpensatory time
shall be scheduled through mutual agreement between the
employee and management. Management may establish time
off for compensatory time in excess of forty (40) hours
where mutual agreement cannot be reached. Employees
retain the right to request cash payment for any
compensatory time on the books, subject to budgetary
restraints.
1.14.2
Requests for compensatory time off shall be submitted no
more than thirty (30) days in advance of the time
requested off. Once submitted, requests shall be
approved or denied within forty-eight (48) hours. Once
approved, compensatory time off shall not be Cancelled,
except in cases of emergency.
ARTICLE 1.15 STANDBY
Effective December 30, 1991, Fire prevention employees
assigned to standby shall receive One Hundred eighty
($180.00) Dollars per week of standby assignment. Effective
December 28, 1992, Fire prevention employees assigned to
standby shall receive Two Hundred ($200.00) Dollars per week
of standby assignment. A week of standby assignment shall
start effective at the end of the regular work shift on
Monday afternoon and continue, except for regular work time,
until the beginning of the regular work shift the following
Monday morning. Existing language on standby compensation
for holidays shall continue unchanged.
ARTICL~ 1.16 VACATION ~PLIT
1.16.1
Up to five (5) employees (Firefighter through Captain
classifications) shall be allowed to schedule vacation at
any one time.
1.16.2
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
-7-
07/15/92 88:58 N0.378
1,16.3
ARTICLE
1.17.1
1.17.2
consideration of the second of a split vacation request.
Seniority shall be given preference in scheduling
vacation. One shift of vacation will be the amallest
split.
Employees who have eight (8) or more vacation shifts must
schedule eight (8) vacation shifts during the annual
vacation signup; but may carryover (leave unscheduled)
up to four (4) vacation shifts. These shifts may be
taken off during the year subject to:
a. Paragraph 1.16,1 above
Forty-eight (48) hours advance request and
department approval.
Requests will be processed on a first come, first
serve basis.
At no time may the number of shifts being carried
over exceed four (4).
PHYSICAL ASSESSMENT PRO~RAM
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 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.
The City and Organization have formed a joint committee
to study further modifications/development of a physical
fitness program. Mutually acceptable findings of the
coramittee shall be implemented as soon as practicable.
ARTICLE 1.18 GRIEVANCE PROCE~URm~
(A) PURPOSE OF THE RULE:
To promote improved employer-employee elat~onships by
establishing grievance procedures on matters for which
appeal is not provided by other regulations.
-8-
07/15/9~ 08:51 N0.378
(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.
(3) To provide that grievances shall be settled as near as
possible to the point of origin.
(4) To provide that the grievance procedure shall be as
informal as possible.
(B) MATTERS SUBJECT TO GRIEVANCE 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:
(1) A dispute about the interpretation or application of any
ordinance, rule or regulation governing personnel
practices or working conditions.
(2) A dispute about a decision on wages, hours and other
terms and conditions of employment, other than a
fundamental management decision.
(C) INFORMAL GRIEVANCE PROCEDURE:
An Employee who has a problem or complaint must first try to
get it settled through discussion with his/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) First Level of Review: A grievance shall be presented
in writing to the employee's supervisor, as designated in
the administrative rules, who shall render his decision
and comments in writing and return them to the employee
within ten (10) days after receiving the grievance. If
the employee does not agree with his supervisor's
decision, Or if no answer has been received within ten
w9-
(2)
ARTECoLE
l.i9.i
(3)
(10) days, the employee may present the appeal in writing
to his supervisor's immediate superior. Failure of the
employee to take further action within ten (10) days
after receipt of the written decision of his supervisor,
or within a total of twenty (20) calendar days if no
decision is rendered, will conatitute a withdrawal of the
grievance.
Further Level or Levels of Review as Appropriate:
The supervisor receiving the grievance shall review it,
render his decision and comments in writing, and return
them to the employee within ten (10) days after receiving
the appeal. If the employee does not agree with the
decision, or if no answer has been received within ten
(10) days, he may present the appeal in writing to the
department head. Failure of the employee to take further
action within ten (10) days if no decision is rendered,
will constitute a withdrawal of the grievance.
Department aeview: The department head receiving the
grievance, or his designated representative, should
discuss the grievance with the employee, his
representative, if any, and with other appropriate
persons. The department head shall render his decision
and comments in writing, and return them to the employee
within ten (10) days after receiving the appeal. If the
employee does not agree with the decision reached or no
answer has been received within ten (10) calendar days,
he shall have an additional ten (10) days to submit his
grievance to the City Manager. Failure of the employee
to take further action within ten (10) days after receipt
of the decision or within a total of twenty (20} days if
no decision is rendered, will constitute withdrawal of
the grievance.
City Manager Review. The City Manager, upon receiving
the grievance, or his designated representative, should
discuss the grievance with the employee, his
representative, if any, and with other appropriate
persons, or upon written request by the employee, the
City 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.
1.19 GRIEVANCE REVIEW
Grievances which may be processed through the procedure
set forth in 1.19 shall be limited to those which (1)
have not been settled under the provisions set forth in
1.18 above and (2) the determination of which is not
-10-
07~15~92 08:52 N0.378 ~1
vested in either the City Manager, Chief of the Fire
Department, Civil Service Commission, or City Council by
the City Charter. My way of example, disciplinary
matters involving suspension of thirty (30) calendar days
os less are vested by Charter in the City Manager;
disciplinary matters involving suspension of more than
thirty (30) calendar days, up to and including discharge,
are vested by City Charter in the Civil Service
Cor~raission; and matters involving the expenditure of
City funds are vested by Charte~ in the City Council.
Grievances which are not settled pursuant to the
grievance procedure herein shall be resolved in the
following manner:
Upon written notice received by either party and
within ten (10) days thereof the parties shall each
select one 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
reifabursed 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
~o them by the respective parties in the presence of
each other.
Either party may be represented by legal counsel.
The parties shall pay their own expenses except for
the third member of the Board whose expenses shall be
shared equally.
The decision of the review panel shall be final and
binding upon the parties to the dispute.
No decision of the panel shall require the exercise of
the legislative authority of the City Council nor
shall it congravene any existing City ordinance, the
City Charter, or State Law. The decision of the panel
-11-
07/15/92 08:52 N0.378 Q22
1.19,2
shall be made in wri=ing within twenty
the close of the hearing.
Notices
(20) days from
ARTICLE
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 employee organization, personal delivery of
such notices may be made on the Cit¥'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.
1.20 ~TIPEE M~DICAL
Eligibility for and ontrlbutions toward retiree medical
insurance shall be as set forth in the Supplemental
Memorandum of Understanding between the City and Fire
Supervisory Unit regarding health benefits dated November 23,
1988.
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.
ARTICLE 1.21 NO STRIKE OR LOCKOU~
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, e~courage, 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 to
s~ch orga~izatioa, 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.
-12-
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 completion is based, or its complaint will be considered
closed and not subject to any other appeal.
ARTICLe. I .22 LIGHT DUTY
When due to injury or illness, whether or not the injury or
illness is work related and the employee is unable to perform
his or her usual duties, the employee may work in a light
duty capacity based on the following conditions:
An employee 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.
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.
Employee 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.
-13-
ARTICLE 1.23 SMOKING REGULATIONS
1.23.1
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.
1.23.2
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 1.24 RRSIDENCY REOUIREMENT
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 1.25 VACATION
Vacation accruals shall be as set forth in the Bakersfield
City Code, Section 2.84.350 (B & C).
ARTICLE 1.26 HEPATITIS-B INOCULATIONS
The City shall make available to all unit employees,
Hepatitis-B inoculations. Employees shall receive the
inoculations on a voluntary basis.
ARTICLE 1.27 DRUG TESTING
The Organization and City agree to implement a drug testing
program. The goal and intent of this program shall be
rehabilitation and assisting first time offenders with drug
problems. Action taken against employees shall be determined
by the individual circumstances of each case, and
disciplinary action, up to and including termination, is
possible.
The administration of this program shall be as agreed to by
the Organization and City and shall continue unchanged for
the term of this Agreement; except as provided for in
Section 1.50.
-14-
ARTICLE 1.28 COMPENSATION ADJUSTMENT / FAIR LAROR
STANDARDS ACT
The parties recognize that other shift personnel supervised
by the Fire Captain classification have received an increase
in compensation for the basic fifty-six (56) hour work week
due to the Fair Labor Standards Act. This increased
compensation has affected normal compensation differentials
between the classifications. The parties have agreed to
compensate for this change in compensation by providing a one
point five (1.5) percent base wage adjustment for the Fire
Captain classification, effective January 5, 1987. This
adjustment will remain in effect only for so long as the Fire
Fighter and Fire Engineer classifications receive Fair Labor
Standards Act overtime for the fifty-six (56) hour work week
and Fire Captains do not receive this compensation.
It recognized that this
and therefore not to be
comparison purposes.
adjustment is overtime compensation,
considered base salary for wage
ARTICLE 1.29 BREATHING APPARATUS
The City shall provide individual breathing apparatus masks
for each unit employee engaged in fire suppression
activities.
ARTICLE 1.30 OVERTIME CARDS
Overtime cards shall be moved only when the employee has
actually worked a continuous 12-hour period, or longer, of
overtime.
ARTICLE 1.31 CALLBACK
Callback shall be on a rank-for-rank basis excluding
callbacks to fill vacation and compensatory time off.
ARTICLE 1.32 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.
-15-
ARTICLE 1.33 UNION SECURITY
Each employee in the Captains 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 Organization's Board of Directors, but in
no event shall such representation 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.
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
ao
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:
-16-
So
Co
That a portion of the Service Fee deduction is
being utilized for non-representational
activities.
That the non-member is a member of a bona fide
religion, body or sect which has historically held
conscientious objections to joining or financially
supporting public employee organizations.
In the event that it is determined pursuant to
this procedure that such non-member is a
member of a religion or body pursuant to this
Section, he/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
o
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 Association (BFLA).
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.
o
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.
-17-
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.
Eo
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 1.34 OVERTIMe. PAY
OVERTIME PAY - SCHEDULING
1.34.1
Shift Rate. Eligible employees of the Fire Department
assigned to a 24-hour duty shift who work authorized
overtime shall be compensated with a credit of
compensatory time off at one and one-half (1-1/2) times
the hours of overtime worked or equivalent pay.
Authorized overtime shall be any time worked over the
regular work schedule. Such compensatory time shall be
taken off as mutually agreed upon, however, such requests
shall be made at least twenty-four (24) hours in advance
of the requested time off.
In granting compensatory time off, 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:
-18-
Captains Engineers Firefighters
Station 1 2 4 2
Station 2 1 2 2
Station 3 1 1 1
Station 4 1 1 1
Station 5 1 1 1
Station 6 1 1 1
Station 7 2 3 2
Station 8 1 2 1
Station 9 1 1 1
Station 11 1 1 1
Station 13 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.
ARTICLE 1.35 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 work or pay. Such minimum time shall not be
applicable for employees standing by for relief of other
regular shift or 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.
ARTICLE 1.36 MODIFICATIONS TO MINIMUM STAFFING SCHEDULE
At least sixty (60) days prior to the opening of any new fire
station,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.
-19-
ARTICLE I ~"
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
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 assigned
personnel levels.
ARTICLE 1.38 AVAILABILITY OF DATA
The City will make available to employee organizations such
nonconfidential information pertaining to employment
relations as is contained in the public records of the
agency, subject to the limitations and conditions set forth
in this rule and Government Code Section 6250-62-60. Such
information shall be made available during regular office
hours in accordance with the City's rules and procedures for
making public records available and after payment of
reasonable costs, where applicable. Information which shall
be made available to employee organizations includes
regularly published data covering subjects under discussion.
Data collected on a promise to keep its source confidential
may be made available in statistical summaries, but shall not
be made available in such form as to disclose the source.
Nothing in this rule shall be construed to require disclosure
of records that are:
Personnel, medical and similar files, the disclosure of
which would constitute an unwarranted invasion of
personal privacy or be contrary to merit system
principles unless authorization by the individual
employee is obtained.
Working papers or memoranda which are not retained in
the ordinary course of business or any public records
available which clearly outweigh the public interest
served by disclosure of the record.
-20-
ARTICL~
(A)
ARTICLE
A.
Records pertaining to litigations 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.
1.39 HIGHER JOB CLASSIFICATION AND LONGEVITY PAY
TEMPORARY ASSIGNMENT TO DUTIES IN A HIGHER
CLASSIFICATION:
Any employee who is assigned duties of a higher job
classification 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 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.
(C) LONGEVITY PAY:
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, the payment of this
longevity pay shall in no way eliminate any other
pay the employee is entitled.
Employees hired after April 10, 1989, shall not be
eligible to receive longevity pay.
1.40 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
-21-
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.
So
Unauthorized leave of absence: Unauthorized leave of
absence shall be considered to be without pay and
reductions in the 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
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, with
the limits of military regulations, to determine when
such leave shall be taken.
Community Service - Leave of Absence: Leave of absence
with pay, not to exceed one (1) full working day, may be
granted an employee upon the recommendation of the
department head and the approval of the City Manager, if
such leave is determined to provide a community service
and is in the best interests of the City.
Discretion of the City Council: The City Council may, at
its' discretion, upon good cause shown, grant leaves of
absence other than as provided for herein.
ARTICLE 1.41 IMPROVEMENT IN OUALITY 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 1.42 MAINTENANCE OF BENEFITS
Except as specifically provided herein, the Organization
hereby expressly waives any right to request any improvements
or changes in the wages, hours or other terms and conditions
of employment for the employee-members represented by the
Organization which would take effect prior to December 31,
1993, 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
-22-
and conditions of employment and the same are not affected by
this Agreement except as recommended herein.
ARTICLE 1.43 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 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 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.
ARTICLE 1.44 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
working hours. If the attendance at a station exceeds the
personnel on duty, the Organization shall gain approva~ for
the meeting from the officer in charge of the Bakersfield
Fire Department.
-23-
ARTICLE 1.45 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.)
B. All materials must be dated and must identify the
organization that published them.
The actual posting of materials will be done by the City
as soon as possible after they have been approved.
Unless special arrangements are made, materials posted
will be remove 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.
D o
The City reserves the right to determine where bulletin
boards shall be placed and what portion of them to be
allocated to employee organizations' materials.
An employee organization that does not abide by these
rules may forfeit its right to have materials posted on
City bulletin boards. The parties agree that the City
will allow the installation of message boards provided by
the Organization at each 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 1.46 SENIORITY
Seniority as herein used shall be defined as the date of
hire, whether continuous or not, with the City of Bakersfield
Fire Department.
ARTICLE 1.47 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 1.06.02.
-24-
ARTICLE 1.48 EAD PROGRAM
The Organization will work with the department to resolve
concerns regarding the confidentiality of the EAP program.
ARTICLE 1.49 ACTING ASSIGNMENTS
The City shall issue required criteria for individuals to
qualify as Acting Captains and Acting Battalion Chiefs no
later than July 1, 1992.
ARTICLE 1.50 JOINT COMMITTEES
The City and Association agree to establish the following
joint committees:
Hazardous Materials Committee. To be comprised of five (5)
members appointed by the Association and five (5) members to
be appointed by the City. The committee shall immediately
commence meeting and shall complete its' work no later than
September 1, 1992. Any committee recommendations falling
within the scope of representation shall be referred to the
meet and confer process.
Drug Policy Committee. 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 1, 1992. Any committee recommendations falling
within the scope of representation shall be referred to the
meet and confer process.
Diesel Exhaust Committee. 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 as soon as
possible. Any committee recommendations falling within the
scope of representation shall be referred to the meet and
confer process.
ARTICLE 1.51 EARLY RELEASE
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 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.
-25-
ARTICLE 1.52 DIRECT DEPOSIT
As soon as is reasonably possible, the City shall implement a
voluntary direct deposit for all current unit employees.
ARTICLE 1.53 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 Captains 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 3rd on the regular list and Bill
was 5th on the regular list and both called to be put on the
holiday list for Easter, then John would be called first,
followed by Bill and then if needed, the regular list would
be used in order. These personnel, like all others, will go
to the back of the list if used and would remain in their
normal spot if not used.
ARTICLE 1.54 EXAMINATIONS
Employees passed over on promotional lists may, upon request,
receive a written explanation as to why they were passed
over. This explanation is for information only, and shall
not be subject to any form of appeal.
ARTICLE 1.55 TERM
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 1, 1993, and negotiations shall
commence no later than November 15, 1993, 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.
FOR THE ~ORGANIZATION: FO~, ~ ~ITY:
DATE: DATE:
-26-