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HomeMy WebLinkAboutRES NO 127-91RESOLUTION NO. 127-91 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 authorizes the City Council to provide benefits for employees of the City; and Bakersfield, Section 12, for salaries 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 Fireman's Labor Organization which represents this City's firefighters and engineers; and WHEREAS, the City's negotiator and the Bakersfield Fireman's Labor Organization have agreed to a Memorandum of Understanding, as attached hereto; and WHEREAS, the Council has determined that such Memorandum of Understanding complies with the guidelines established by the City Council; and WHEREAS, the Council has determined that provisions of the attached Memorandum of Understanding shall commence on April 1, 1991, and expire at midnight on December 31, 1991, 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 April 1, 1991, the attached document, entitled "Memorandum of Understanding between the Bakersfield Fireman'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 Fireman's Labor Organization, Fire Unit for the nine-month period beginning April 1, 1991, and expiring at midnight, December 31, 1991. .......... ooo .......... 1 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 June 19, 1991 , by the following vote: ASSISTANTcITY CLERK and Ex Offi~ Clerk of the Council of the City of~ ~akersfield MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE LUNARDINI CITY ATTORNEY of the City of Bakersfield MC/kef attachments RES\FIRE.MOU91 2 MEMORANDUM OF UNDERSTANDING BAKERSFIELD FIREMAN'S LABOR ORGANIZATION FIRE UNIT AND CITY OF BAKERSFIELD ARTICLE 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 Fireman's 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. ARTICLE 1.02 CITY COUNCIL DETERMINATION This Memorandum of Understanding constitutes a Joint recommendation between the parties hereto to be submitted to the City Council for the City of Bakersfield for its determination and implementation by one or more resolutions, as the City Council may deem fit and proper. It is agreed that this Memorandum of Understanding is of no force and effect until so acted upon by the City Council of the City of Bakersfield. The Memorandum contains certain recommendations for changes in salaries, fringe benefits and other terms of employment for the employee-members represented by the Organization. However, for convenience and clarity, the parties have also included herein certain provisions already contained in existing ordinances, resolutions, and policies of the City on matters pertaining to employer-employee relations. Therefore, it is the intent of the parties that the recommendations set forth herein should be implemented by the City Council only to the extent necessary to effectuate the changes expressly provided herein. ARTICLE 1.03 RECOGNITION The Bakersfield Fireman's Labor Organization, is hereby recognized as the Exclusive Recognized Employee Organization for those employee-members occupying the job classifications within the Fire Unit as set forth in the City's Employer- Employee Relations Ordinance Supplemental Rules and Regulations. ARTICLE 1.04 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 1 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 1.05 MEMBERS ONLY It is agreed that the terms and conditions of this Agreement shall apply only to the members of the Organization employed in the classification set forth in Exhibit "A." ARTICLE 1.06 SENIORITY Seniority shall be given preference in scheduling vacations. Seniority as herein used shall be defined as the date of hire, whether continuous or not, with the City of Bakersfield Fire Department. ARTICLE 1.07 MANAGEMENT AND EMPLOYEE RIGHTS RESERVED The parties hereto recognize the City has and will retain the exclusive right to manage and direct the performance of City services and the work forces performing such services. The City and Organization agree that nothing in this Memorandum of Understanding shall in any way abridge, restrict or modify the rights and prerogatives of the City and its employment as set forth in Code Section 2.76 and said Section is hereby incorporated by this reference and made a part hereof as though set forth in full. ARTICLE 1.08 HOURS OF WORK The basic schedule for fire suppression employees who are covered by this Agreement shall average 56 hours per week with no so-called "pay backs" ("D" days) for holiday time in the schedule and with the 24-hour shift being the normal work shift for employees. ARTICLE 1.09 OVERTIME PAY Overtime Pay - Schedulin~ 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}) 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, made at least twenty-four requested time off. however, such requests shall be (24) hours in advance of the 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: CaDtains EnGineers Firefiahters Station 1 2 4 2 Station 2 1 2 --1--~ 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 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 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 of workers on a normal shift-to-shift basis unless the employee is required to stand by for more than one (1) hour, in which case the two (2) hours minimum applies. Such callback time shall be paid at the rate of time and one-half (1½) 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. 3 Modifications to Minimum Staffing Schedule. At least sixty (60) days prior to the opening of any new fire stations, the City shall.give notice to the Organization and upon request, meet and confer on the minimum staffing levels for the new stations as well as possible changes in staffing levels at .existing stations. ARTICLE 1.10 CONFLICT OF MEMORANDUM AND RESOLUTION It is understood and agreed that there exists within the City, in written form, certain personnel rules, policies, practices and benefits, generally contained in the City's Civil Service Rules and Regulations and Ordinances. In the event of proposed changes to said rules and regulations, the Organization shall be advised for the purpose of enabling the City and Organization to meet and confer, as soon as possible, with respect to any such proposed changes. With regard to bargaining unit employees only, the City shall not have the right to change said rules and regulations where such change is expressly prohibited by specific provisions of this Memorandum of Understanding without prior negotiations with the Organization. The City does have the right to change said rules and/or regulations as they might affect other employees not covered by this Memorandum without prior meeting and conferring with the Organization. ARTICLE 1.11 VALIDITY OF MEMORANDUM 1.11.1 Should any portion of this Memorandum or any provision herein contained by rendered or declared invalid by reason of any existing or subsequently enacted legislation or by any decree of a competent jurisdiction, such invalidation of such portion of this Memorandum shall not invalidate the remaining portions hereof, and they shall remain in full force and effect. The parties hereto mutually agree, during the term of this Memorandum, not to seek to meet and confer for the purpose of modifying any provision contained in this Memorandum unless the parties mutually agree in writing to do so. Should the parties mutually agree in writing to meet and confer during the term of this Memorandum, neither party shall be obligated to add to, subtract from, or otherwise modify the terms herein, but if it is the desire of both par%ies to institute such changes, such changes shall not be precluded by this or any other provision of this Memorandum. Nothing contained in this Memorandum shall be interpreted to preclude the parties from meeting and conferring during the term hereof with respect to the interpretation and/or application of provisions of the Memorandum, the City's provisions of the City of Bakersfield Code which deal with personnel matters, insofar as these documents affect the employees represented by the Organization under the terms of this Memorandum of Understanding. 1.11.2 The City shall not make changes on other matters within the Scope of Representation but not included in this Memorandum until it has first given reasonable prior notice to and met and conferred with the Organization. ARTICLE 1.12 SALARY AND WAGES The salary ranges for the classifications of the unit shall be amended as follows: 1.12.1 General Salary Increase. 5% March 25, 1991 1.12.2 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 after July 1, 1983, will be eligible to receive the 9% payment effective the beginning of their seventh (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 1.13 ACCESS TO PREMISES Reasonable access to employee work locations shall be granted officers of recognized employee organizations and their officially designated representatives, for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation. Such officers or representatives shall not enter any work location without the consent of the department head or the City's Designated Representative. Access shall be granted so as not to interfere with the normal operations of the department or with established safety or security requirements. Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during work hours. If the attendance at a station exceeds the personnel on duty, the Organization shall gain approval for the meeting from the officer in charge of the Bakersfield Fire Department. ARTICLE 1.14 BULLETIN BOARDS Recognized employee organizations may use City bulletin boards for conduct of their business and social events under the following conditions: (1) All materials must receive the approval of the department head in charge of the departmental bulletin board. (In some situations, particularly where larger employee organizations are involved, centralized approval by the City Manager or his designated representative may be more appropriate.) (2 All materials must be dated and must identify the organization that published them. (3 The actual posting of materials will be done by the City as soon as possible after they have been approved. Unless special arrangements are made, materials posted will be removed thirty-one (31) days after publication date. Materials which the department head considers objectionable will not be posted, provided, however, the department head shall first discuss this denial with the City Manager. (4 The City reserves the right to determine where bulletin boards shall be placed and what portion of them are to be allocated to employee organizations' materials. (5) An employee organization that does not abide by these rules may forfeit its right to have materials posted on City bulletin boards. The parties agree that the City will allow the installation of message boards provided by the Organization at each fire station. The size and location of such boards are subject to the approval of the Fire Chief. Message boards may be utilized by the Organization and all department employees; however, nothing shall be posted of a defamatory nature. ARTICLE 1.15 NO REDUCTION It is agreed that no member of the Organization by virtue of adoption of this Agreement shall suffer a reduction in wages, and/or working conditions during the term of this Agreement, with the exception of those employees affected by hiring date under Article 1.12; those employees affected by changes in retiree medical Article 1.33; or those employees affected by the elimination of longevity pay pursuant to Article 1.22. ARTICLE 1.16 AVAILABILITY OF DATA The City will make available to employee organizations such non-confidential information pertaining to employment relations as is contained in the public records of the agency, subject to the limitations and conditions set forth in this rule and Government Code Section 6250-62-60. Such information shall be made available during regular office hours in accordance with the City's rules and procedures for making public records available and after payment of reasonable costs, where applicable. Information which shall be made available to employee organizations includes regularly published data covering subjects under discussion. Data collected on a promise to keep its source confidential may be made available in statistical summaries, but shall not be made available in such form as to disclose the source. Nothing in this rule shall be construed to require disclosure of records that are: (1) 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. (2) Working papers or memoranda which are not retained in the ordinary course of business or any public records available which clearly outweigh the public interes~ served by disclosure of the record. (3) Records pertaining to litigations to which the City is a party, or to claims or appeals which have not been settled. (4) Nothing in this rule shall be construed as requiring the City to do programming or assemble data in a manner other than usually done by the agency. ARTICLE 1.17 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, or encourage, or condone a strike, work stoppage or work slowdown of any kind. If a recognized employee organization, its representatives, or members engage in, cause, instigate, encourage, or condone a strike, work stoppage or slowdown of any kind, in additional to any other lawful remedies or disciplinary action, the City's Designated Representatives may suspend or revoke the recognition granted to such employee organization, may suspend or cancel any or all payroll deductions payable to such organization, and prohibit the use of bulletin boards, prohibit the use of City facilities, and prohibit access to former work or duty stations by such organizations. As used in this Section, "strike or work stoppage" means concerted failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful performance of the duties of employment for the purpose of inducing, influencing, or coercing a change in the conditions of compensation or the rights, privileges or obligations of employment. Any decision of the City's Designated Representative made under the provisions of this section may be appealed to the City Council by filing a written Notice of Appeal with the City's Designated Representative, accompanied by a complete statement setting forth all of the grounds upon which the appeal is based. Such Notice of Appeal must be filed within seven (7) days after the affected employee organization first receives notice of the decision upon which its completion is based, or its complaint will be considered closed and not subject to any other appeal. ARTICLE 1.18 UNION SECURITY Each employee in the Fire Unit shall, either (1) become a member of the Union to the extent of tendering the periodic dues uniformly required for membership, or (2) pay to the Union a periodic representational fee. Such representational fee shall be in the amount uniformly established by the Union's Board of Directors, but in no event shall such representational fee exceed 95% of the amount that a Union member would pay in dues for the same period. The Union shall indemnify the employer and hold it harmless against any and all units, 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 Union agrees to adhere to all statutory and judicial requirements relating to Agency shop. Specifically: Service Fee Union 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. Union further agrees to hold such disputed fees in their entirety in an Escrow account to be maintained at the California Republic 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. Issues subject to this Complaint Procedure shall be limited to the following: That a portion of the service fee deduction is being utilized for non-representational activities. That the non-member is a member of a bona fide religion, body or sect which has historically held conscientious objections to joing or fiancially supporting public employee organization. In the event that it is determined pursuant to this procedure that such non- member is a member of a religion or body pursuant to this Section, he may designate a charitable fund exempt from taxation under section 501, Paragraph C, Subsection 3 of the Internal Revneue Code chosen from the following: Any United Way Charity City agrees to deduct and to remit fees so designated in behalf of one of the 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 Union 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 written complaint to the Union within forty-five (45) calendar days after the fee is initially deducted. o Upon receipt of the written complaint the Union shall place the entire Service Fee deduction into Escrow pending resolution of the dispute and shall request a list of arbitrators from the State Counciliation Service or the American Arbitration Service. Informal Mediation. Notwithstanding Step B, Subsection 2, above; either the Union or the complainant may request the services of a State Conciliation Service Mediator in a preliminary effort to resolve the dispute prior to arbitration. The Mediator shall be utilized in an advisory capacity only. Following such non-binding informal advisory mediation, if either complainant or Union is dissatisfied either party may request arbitration. Do Selection of Arbitrator. selected by mutual agreement complainant. The Arbitrator shall be between the Union and the Date for Complaint Hearing. The Union shall contact the selected Arbitrator within ten (10) calendar days from the date of the completion of the Mediation Process, or in the event that Mediation is not utilized, within ten (10) working days of receipt of the complaint. Upon confirmation by the Arbitrator, the Union will forthwith contact the complainant by Certified Mail indicating the date, time and place of the Complaint Hearing. 10 Pavment of Costs. In the event that the Union prevails in said Arbitration, the cost of Arbitration shall be shared equally between the Union and Complainant. Should Complainant prevail, the Union 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 Union in accordance with said decision. In the event that the Union prevails, the City shall continue to deduct the Service Fees and remit them to the Union as determined by the Arbitrator. ARTICLE 1.19 GRIEVANCE PROCEDURES (A) 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. 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. 11 (C) INFORMAL GRIEVANCE PROCEDURE: An employee who has a problem or complaint must first try to get it settled through discussion with his immediate supervisor without undue delay. If, after this discussion he does not believe the problem to be satisfactorily resolved, he shall have the right to discuss it with supervisor's immediate superior, if any, in the administrative service. Every effort must be made to find an acceptable solution by informal means at the lowest level of supervision. If employee is not in agreement with the decision reached by discussion, he shall then have the right to file a formal grievance in writing within ten (10) calendar days after receiving the informal decision of his immediate superior. An informal grievance shall not be taken above the department head. (d) FORMAL GRIEVANCE PROCEDURE: (Levels of review through chain of command.) First Level of Review: A grievance shall be presented in writing to the employee's supervisor, as designated in the administrative rules, who shall render his decision and comments in writing and return them to the employee within ten (10) days after receiving the grievance. If the employee does not agree with his supervisor's decision, or if no answer has been received with ten (10) days, the employee may present the appeal in writing to his supervisor's immediate superior. Failure of the employee to take further action within ten (10) days after receipt of the written decision of his supervisor, or within a total of twenty (20) calendar days if no decision is rendered, will constitute a withdrawal of 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. 3) Department Review: The department head receiving the grievance, or his designated representative, should discuss the grievance with the employee, his 12 (4) 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. ARTICLE 1.20 GRIEVANCES - REVIEW Grievances which may be processed through the procedure set forth in this Article shall be limited to those which (1) have not been settled under the provisions set forth in Article 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 suspension of thirty (30) calendar days or less are vested by Charter in the City Manager, disciplinary matters involving suspensions of more than thirty (30) calendar days up to and including discharge are vested by City Charter in the Civil Service Commission, and matters involving the expenditure of City funds are vested by Charter in the City Council. Grievances which are not settled pursuant to the grievance procedure herein shall be resolved in the following manner: Upon written notice received by either party and within ten (10) days thereof the parties shall each select one (1) representative for the purpose of forming a Review Board. The two (2) representatives selected shall, within.seven (7) days, select a third party who shall be a resident of the City of Bakersfield. 13 (b) (c) (d) (e) (f) (g) (n) 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 is on duty. Any employee called as a witness by the City shall not be debited for any hours not worked while on such call. Employees called by the Organization may be reimbursed by the Organization for any loss of pay for time off. The Review Board shall have no power to alter, amend, change, add to or subtract from any of the terms of the Memorandum. The decision of the Board shall be based solely upon the evidence and arguments presented to them by the respective parties in the presence of each other. Either party may be represented by legal counsel. The parties shall pay their own expenses except for the third member of the Board whose expenses shall be shared equally. The decision of the review panel shall be final and binding upon the parties to the dispute. No decision of the panel shall require the exercise of the Legislative authority of the City Council nor shall it contravene any existing City ordinance, the City Charter or State Law. The decision of the panel shall be made in writing within twenty (20) days from the close of the hearing. ARTICLE 1.21 NOTICES Except as otherwise provided herein, notices required pursuant to the provisions of the Resolution or the Act, shall be given by United States mail, postage prepaid, addressed to the recipient by his last known address. In lieu of mailed notices required to be given by a recognized employee organization, personal delivery of such notices may be made on the City's Designated Representative. Notice shall be deemed for all purposes to have been given upon physical delivery thereof, or upon its deposit in the custody of said postal service. 14 ARTICLE 1.22 HIGHER JOB CLASSIFICATION PAY (A) TEMPORARY ASSIGNMENT CLASSIFICATION: TO DUTIES IN A HIGHER 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 its execution who have completed fifteen (15) years of seniority with the City, shall receive additional pay that is equal to but not more than that amount of educational incentive pay that those employees covered by this agreement receive who qualify for incentive pay based upon an Associate Arts degree in Fire Science. 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. Effective with the execution of this agreement, newly hired employees shall not be eligible to receive longevity pay. ARTICLE 1.23 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 Employee and the Organization shall implement such steps that are necessary to bring about such improvements. ARTICLE 1.24 BEREAVEMENT LEAVE In case of death within the immediate family of an employee, the employee may, upon approval of the department head, use up to two (2) shifts of any accumulated sick leave, vacation 15 leave or compensatory time off due him for overtime worked, to attend the funeral or memorial services. Additional time off for travel may be granted upon recommendation of the department head and approval of the City Manager. The immediate family shall consist of spouse, parents, grandparents, brothers, sisters, children, grandchildren, mother-in-law and father-in-law. Employees electing to charge bereavement leave to either vacation leave or compensatory time off shall receive no reduction in sick leave conversion rights as provided in Article 1.30. ARTICLE (1) (2) (3) (4) 1.25 LEAVES OF ABSENCE Leave of absence without Day: Leaves of absence without pay, up to a period of six (6) months, may be granted to an employee upon the recommendation of the department head with the approval of the City Manager. No leave of absence shall be granted to allow an employee to accept other employment on a trial basis. Leaves of absence for periods of time longer than six (6) months must be approved by the City Council. Employees on authorized leave of absence without pay shall not accrue vacation, holiday or sick leave benefits during such leave. Unauthorized leave of absence: Unauthorized leave of absence shall be considered to be without pay and reductions in the 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 employee unless the employee can demonstrate that such absence was due to circumstances beyond his control. Military leave of absence: Military leave shall be granted in accordance with the provisions of State and Federal laws. All employees entitled to military leave shall give the department concerned an opportunity, within the limits of military regulations, to determine when such leave shall be taken. Community Service leave of absence: Leave of absence with pay, not to exceed one (1) full working day, may be granted an employee upon the recommendation of the department head and the approval of the City Manager if such leave is determined to provide a community service and is in the best interests of the City. 16 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 1.26 JURY DUTY Employees required to report for jury duty on a scheduled work day shall be granted a leave of absence from their assigned duties until released by the court. While on jury duty, such employees shall receive compensation from the City equal to the difference between their regular salaries and the amount received from the court for Jury duty service, less mileage. Employees released from jury duty must report for work as soon as possible the same day. ARTICLE 1.27 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. Amend to read: Effective the first pay date in July 1991, the City shall provide biweekly contributions towards a medical, vision and dental plan for all employees of these Units subject to the following contributions: Fee Dental Dental Net Fee Dental Dental Net Employee Fee Health Health Net Health Net Fee Health Contribution Employee $ 52.73 $ 43.27 $ 51.56 $ 49.44 $10.00 only Employee 108.47 99.54 106.13 101.88 17.00 +1 Family 172.15 150.18 163.70 158.63 19.50 All increases to the City's portion of medical contribution shall be paid from the medical trust account until depleted. Then at such time, the City's general funds will be used. 17 ARTICLE 1.28 VISION INSURANCE The City shall maintain in effect the existing vision insurance coverage for all employees and their family men,hers. 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 UNIFORM ALLOWANCE It is agreed that each employee covered by this agreement shall have a uniform allowance as follows: payable on or before July 1 and December 1, 1989, Two Hundred Fifty Dollars ($250.00). Payable on or before July 1 and December 1, 1990, Three Hundred Dollars ($300.00). The total uniform allowance in the first year of this agreement is Five Hundred Dollars ($500.00); the total uniform allowance in the second year of this agreement is Six Hundred Dollars ($600.00). ARTICLE 1.30 SICK LEAVE AND VACATIONS Vacation and sick leave accrual shall remain the same. 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. Commencing with the calendar year 1981, an employee who has accrued the maximum of fifty-six (56) shifts of sick leave and who does not use any sick leave for the entire calendar year, will receive one-half (~) of his five point six (5.6) shifts on his vacation and the other one-half (~) will be paid to him the following January. An employee who uses part of the five point six (5.6) shifts shall have seventy-five percent (75%) of the unused sick leave shifts added to his vacation time. All vacation pay that 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 split of vacation periods. Seniority shall determine the allocating of available vacation periods with all employees' first choices being considered before the consideration of the second half of a split vacation request. ARTICLE 1.31 HOLIDAYS All employees covered by this agreement shall accrue holiday pay at the rate of six and one-half (6.5) shifts per year to be paid as follows: Three (3) shifts on or before Decen~er 1 of each year and three and one-half (3.5) shifts on or before June 30 of each year. 18 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 Proqram. The parties agree to establish a cost savings-sharing program. The procedures for implementing this Plan will be worked out by mutual agreement of the parties. ARTICLE 1.33 RETIREE MEDICAL Eligibility for and contributions toward retiree medical insurance shall be as set forth in the Supplemental Memorandum of Understanding between the City and Fire Unit regarding health benefits dated November 23, 1988. Effective immediately, 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 Ctty's plan. ARTICLE 1.34 EAP PROGRAM The Organization will work with the department to resolve concerns regrading the confidentiality of the EAP Program. ARTICLE 1.35 VACATION The vacation accrual schedule shall provide for accrual of the fourth week of vacation beginning with the sixteenth year of service instead of the twentieth year of service. ARTICLE 1.36 RESIDENCY 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 1.37 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 19 by the individual circumstances of each case and disciplinary action up to and including termination is possible. The Organization will continue tow work with department representatives on revisions to the drug testing policy. ARTICLE 1.38 SMOKING REGULATIONS 1.38.1 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. 1.38.2 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 1.39 PHYSICAL ASSESSMENT PROGRAM 1.39.1 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 employee's use only. The City will receive composite data to be used in evaluating the need for training seminars, etc. 1.39.2 The City and Organization have formed a joint committee to study further modifications/development of a physical fitness program. The committee shall report its finding no later than September 1, 1989. Mutually acceptable findings of the committee shall be implemented as soon as practicable. 20 ARTICLE 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 or her usual duties, the employee may work in a light duty capacity based on the following conditions: (1) 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. (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 effort is made to make the light duty assignment a pleasant learning experience for each individual involved. ARTICLE 1.41 HEPATITIS-B INOCULATIONS The City shall make available to all Unit employees, Hepatitis-B inoculations. Employees shall receive the inoculations on a voluntary basis. The City will consult with the Organization as to the detailed implementation of this program. ARTICLE 1.42 BREATHING APPARATUS The City shall provide individual breathing apparatus masks for each Unit employee engaged in fire suppression activities. 21 ARTICLE 1.43 VACATION SCHEDULING 1.43.1 Up to five (5) employees (Firefighter through Captain classifications) shall be allowed to schedule vacation at any one time. 1.43.2 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 consideration of the second of a split vacation request. One 1) shift of vacation will be the smallest split. 1.43.3 Employees who have e~ght (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. 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 CARDS 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 to fill vacation and compensatory time off. ARTICLE 1.46 ACTING ASSIGNMENTS As soon as possible, the City shall issue required criteria for individuals to qualify for acting assignments. 22 ARTICLE 1.47 CLASSIFICATION/COMPENSATION STUDY During the term of this Agreement of the City agrees to conduct a comprehensive classification/compensation study. The Organization shall have the opportunity to provide input to the consultant selected to perform the study as to the appropriate survey agencies to be utilized. The City Council shall, in open session, formally adopt those municipalities/agencies to be utilized as survey municipalities/agencies prior to the gathering of compensation data. The study shall be completed by December 1, 1991; for use during negotiations for the period beginning January 1, 1991. ARTICLE 1.48 TERM OF AGREEMENT The term of this Agreement is from April 1, 1991, to December 31, 1991. Proposals for the contract period beginning in January 1, 1992, shall be submitted by November 1, 1991, and negotiations shall commence no later than November 15, 1991, 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. DATE: ~~N: FOR THE CITY: June 19, 199] DATE: June 19. 1991 kef 91FIRE.MOU 23 APPROVED AS TO FORM: By~ ~ ~~~._~ City Attorney CITY OF BAIlERSFIELD Clarence E. Medders - Mayor COUNTERSIGNED 24 FOR ATTACHMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BAKERSFIELD AND THE FIRE UNIT OF THE BAKERSFIELD FIREMAN'S LABOR ORGANIZATION The attached memorandum of Understanding between the City of Bakersfield and the Fire Unit of the Bakersfield Fireman's Labor Organization was approved and adopted by the City Council June 19, 1991, with an omission regarding the calculation for Fair Labor Standards Act Overtime to include time served for Jury Duty. The representatives of the City and Fire Unit signing and approving this agreement have done so recognizing that Article 1.26 will be amended at the July 31, 1991 City Council meeting, to read as follows: ARTICLE 1.26 JURY DUTY Employees required to report for jury duty on a scheduled work day shall be granted a leave of absence from their assigned duties until released by the court. While on jury duty, such employees shall receive compensation from the City equal to the difference between their regular salaries and the amount received from the court for jury duty service, less mileage. Employees released from jury duty must report for work as soon as possible the same day. Employees on jury duty shall not have that time deducted from their work hqurs for the purpose of calculating Fair Labor Standards Act overtime. FOR THE ORGANIZATION: FOR THE CITY: Date / Jon/~lis Bill Avery ~ Firefighters · Instruction · Representation · Education 3960 Canyon Way, Martinez, CA 94553 F.I.R.E. (415) 228-2861 June 14, 1991 ..OPY M,C~TNE~ Mr. Bill Avery, Representative City of Bakersfield 19925 Stevens Creek Blvd., Suite 108 Cupertino, CA 95014 Re: F.L.S.A. Overtime Dear Bill: This is to officially notify you that the Bakersfield Fireman's Labor Organization Fire Supervisory Unit, on behalf of it's members, individually, and collectively, waive any rights to claim Fair Labor Standards Act, (F.L.S.A.) compensation~in relation to overtime for the fifty-three (53), versus~fifty-six (56) hour work week. Thank you for the opportunity of working with you. ~Sincerely, , Bob Roberts, Labor Representative Bakersfield Fireman's Labok Organization BR:jr cc: Ed Watts PERSONNEL OFFICE