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 ..........
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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
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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
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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.
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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.
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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.
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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.
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(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
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(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.
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(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.
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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