HomeMy WebLinkAboutRES NO 126-91RESOLUTION NO. 126-91
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING SETTING SALARIES AND RELATED
BENEFITS FOR CAPTAINS OF THE FIRE DEPARTMENT
OF THE CITY OF BAKERSFIELD.
WHEREAS, the Charter of the City of Bakersfield, Section 12,
authorizes the City Council to provide for salaries and related
benefits for employees of the City; and
WHEREAS, in compliance with the Meyers-Milias-Brown Act of the
State of California, the City has met and conferred in good faith
with the Bakersfield Fireman's Labor Organization, Fire Supervisory
Unit which represents this City's fire captains; and
WHEREAS, The City's negotiator and the Bakersfield Fireman's
Labor Organization, Fire Supervisory Unit have agreed to a
Memorandum of Understanding, as attached hereto; and
WHEREAS, the Council has determined that such Memorandum of
Understanding complies with the guidelines established by the City
Council; and
WHEREAS, the Council has determined that provisions of the
attached Memorandum of Understanding shall commence on April 1,
1991, and expire at midnight on December 31, 1991, for all
employees of said Supervisory Unit employed on the date of adoption
of this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Bakersfield that commencing April 1, 1991, the attached document,
entitled "Memorandum of Understanding between the Bakersfield
Fireman's Labor Organization, Fire Supervisory Unit and City of
Bakersfield" shall constitute the salary schedule and related
benefits for the categories and positions specified therein on the
date of adoption of this Resolution, and that the wh6~e 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 Supervisory Unit for the nine-
month period beginning April 1, 1991, and expiring at midnight
December 31, 1991.
.......... ooo ..........
I HEREBY CERTIFY that the foregoing Resolution was passed and
adopted by the Council of the City of Bakersfield at a regular
meeting thereof held on June 19, 1991 , by the
following vote:
AYES; COUNC]L*¢E,%~[~RS ~'~' ~,A~;,q ' ~!,~,%',",~ ?.,,~u ~?UNN1, PETERSON, McDER~t%~q', SALVAGf~10
NOFS; COUNCILMEMBeRS .......... None
ABSENT COUNCIL~EMBERS: __ ~
ABSTAIN COUNCILMEMBERS NonP
S CITY CLERK and Ex Of~_io.~ler_k of the
Council of the City of Bakersfield
APPROVED June 19, 1991
MAYOR of the City of Bakersfield
APPROVED as to form:
CITY ATTORNEY of the City of
Bakersfield
MC/kef
attachments
RES\lFIRE.MOU91
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C SALARY
CLASSZFICAT]ON TITLE O BASIS STEP 1
FTRE CAPTAIN B HOURLY I8o3&2
FIRE CAPTAXN S HOURLY-112 13.100
CITY OF BAKERSFIELD PAGE: 2
L A R Y S C H E D U L E RUN DATE: 06-07-91
EPEECTIVE OATE: 08 APR 1991
...... EDU
STEP 2 STEP 3 STEP ~ STEP S PCT
MEMORANDUM OF UNDERSTANDING
BAKERSFIELD FIREMAN'S LABOR ORGANIZATION
FIRE SUPERVISORY UNIT
AND
CITY OF BAKERSFIELD
This Memorandum of Understanding is entered into with reference to
the following facts:
The Bakersfield Fireman's Labor Organization, hereinafter
referred to as the ORGANIZATION, is the only recognized
employee organization with the right to meet and confer in
good faith on behalf of employees of the City of
Bakersfield employed in those certain classifications
included within the appropriate unit of representation
commonly referred to as the Fire Supervisory Unit (Unit
No. 6).
B. Representatives of management for the City of Bakersfield
and representative of the Organization have met on a
number of occasions and have conferred in good faith
exchanging a number of proposals concerning wages, hours,
fringe benefits and other terms and conditions of
employment for employee-members represented by the
Organization.
C. Representatives of management for the City of Bakersfield
and representatives of the Organization have reached an
understanding as to certain recommendations to be made to
the City Council for the City of Bakersfield and have
agreed that the parties hereto will jointly urge said
Council to adopt one or more resolutions which will
provide for the changes in wages, hours, fringe benefits
and other terms and conditions of employment contained in
these joint recommendations.
THEREFORE, the representatives of Management for the City
of Bakersfield and the representatives of the Organization
agree as follows:
The parties hereto shall jointly recommend to the City
Council of the City of Bakersfield that one or more salary
resolutions be adopted effectuating the following changes
in salaries, fringe benefits and other terms of employment
for the employee-members represented by the Organization.
ARTICLE 1.01
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
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 Supervisory Unit as set forth in the Ctty's
Employer-Employee Relations Ordinance Supplemental Rules and
Regulations.
ARTICLE 1.03
SCOPE OF REPRESENTATION
The Scope of Representation of the Recognized Employee
Organization shall include all matters relating to employment
conditions and employer-employee relations including (but not
limited to) wages, hours and other terms and conditions of
employment but excluding the merits, necessity or organization
of any service or activity provided by law or executive order.
ARTICLE 1.04
MANAGEMENT AND EMPLOYEE RIGHTS RESERVED
The parties hereto recognize the City has and will retain the
exclusive right to manage and direct the performance of City
services and the work forces performing such services. The
City and Organization agree that nothing in this Memorandum of
Understanding shall in any way abridge, restrict or modify the
rights and prerogatives of the City and its employment as set
forth in Code Section 2.76 and said Section is hereby
incorporated by this reference and made a part hereof as
though set forth in full.
ARTICLE 1.05
HOURS OF WORK
The basic schedule for fire suppression employees who are
covered by this Agreement shall average 56 hours per week with
no so-called "pay backs" ("D" days) for holiday time in the
schedule and with the 24-hour shift being the normal work
shift for employees.
ARTICLE 1.06
SALARY AND WAGES
The salary ranges for the classifications of the Unit shall be
amended as follows:
1.06.1 General Salary Increase.
5% March 25, 1991
1.06
.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 7th uninterrupted year of service. Such
payments by the City shall be reported as normal contributions
and shall be credited to the employees accounts pursuant to
the Government Code Section 2615; this PERS pickup is done
pursuant to Section 414(H)(2) of the Internal Revenue Code.
ARTICLE 1.07
HEALTH AND WELFARE
The City and Organization have agreed that all future meeting
and conferring and decisions regarding the structure of
medical/dental insurance coverages shall take place through
the Joint City/Employee Medical Insurance Committee. The
committee shall consist of representatives from each Unit and
the City. There shall be a good faith effort to make all
decisions by October 31 of each year. Discussions as to the
City's contribution toward medical/dental insurance shall
continue to be determined through the formal meet and confer
process between the City and the individual units.
Medical, Vision and Dental Benefits. Effective A~r~ 1991,
the City shall provide biweekly contributions towards a
medical, vision and dental plan for all employees of the Unit
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 $ 48,27 $ 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 fund will be used.
ARTICLE 1.08
VISION INSURANCE
3
ARTICLE 1.08
VISION INSURANCE
The City shall maintain in effect the existing vision
insurance coverage for all employees and their family members.
Plan coverage shall be as agreed by the medical insurance
committee. The City shall pay the full premium for the term
of this Agreement.
ARTICLE 1.09
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 1.10 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 December 1
of each year and three and one-half (3.5) shifts on or before
June 30 of each year. Fire prevention personnel shall be
entitled to standby pay in the amount of $20.00 for each
holiday for which such employee is required to stand by. In
addition, any such person who is required to be on standby
status over a holiday shall receive comparable time off at
mutually agreed upon time. Scheduling shall be done so as not
to interfere with the operation of the Fire Safety Control
Division, as staffing is available.
ARTICLE 1.11
MINIMUM CALLBACK
Unit personnel called back to work after being released shall
be entitled to a minimum of two (2) hours of work or pay.
Such minimum time shall not be applicable for employees
standing by for relief of other regular shift or workers on a
normal shift-to-shift basis unless the employee is required to
stand by for more that one (1) hour, in which case the two (2)
hour minimum applies. Such call back time shall be paid at
the rate of time and one-half (l-t) in cases of callback for
shift work or other non-emergency work. Double time shall be
paid for callbacks for fires, fire watches, staffing reserve
fire apparatus during fires and other emergency situations,
such as windstorms, earthquakes, rescue and flood.
ARTICLE 1.12 SICK LEAVE
Employees in the Unit accrue sick leave at the rate of five
point six (5.6) shifts per year, with a maximum of fifty-six
(56) shifts. An employee who has accrued 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
(½) of his/her five point six (5.6) shifts as vacation and the
other one-half (½) will be paid to the employee the following
January. An employee who has accrued 56 shifts and who uses
a portion of his/her sick leave during the calendar year will
be entitled to convert seventy-five percent (75%) of the
unused sick leave to vacation.
Sick leave is defined to mean an absence from duty by any
employee because (a) of his/her own illness or injury or
exposure to contagious disease which incapacitates such
employee from performing his/her duties, or (b) absence from
duty for attendance upon a member of his/her immediate family
because of illness, injury, death or exposure to contagious
disease where the attendance of such employee is definitely
required. As used in this section, "immediate family" means
husband, wife, child, parent or spouse's parent, or a close
relative actually residing in the employees's household.
Pregnancy of the employee's spouse in or of itself shall not
be grounds for granting sick leave with pay. Illness
accompanying pregnancy but not a normal condition thereof and
supported by a physician's certificate shall be considered
grounds for sick leave with pay. Sick leave absences with pay
for attendance upon employee's immediate family shall be
limited to not more than five (5) days (two and one-half (2-½)
shifts) during each fiscal year. Sick leave absences with pay
because of death in the employee's immediate family shall not
exceed five (5) days (two and one-half (2-½) shifts) for each
instance.
ARTICLE 1.13
BEREAVEMENT LEAVE
Employees shall have the option of charging bereavement leave
to either sick leave, vacation or compensatory time.
Employees electing to charge bereavement leave to either
vacation or compensatory time off shall suffer no loss of
conversion rights under Article 1.12 above.
ARTICLE 1.14 COMPENSATORY TIME
Fire personnel on five (5) day per week work schedule may
accumulate compensatory time up to sixty (60) hours. Any
compensatory time in excess of sixty (60) hours shall be
automatically paid if management is unable to schedule time
off. The use of compensatory time shall be scheduled through
mutual agreement between the employee and management.
Management may establish time off for compensatory time in
excess of forty (40) hours where mutual agreement cannot be
reached. Employees retain the right to request cash payment
for any compensatory time on the books, subject to budgetary
restraints.
ARTICLE 1.15
STANDBY
Fire prevention employees assigned to standby shall receive
One Hundred Sixty Dollars ($160.00) per week of standby
assignment. A week of standby assignment shall start
effective at the end of the regular work shift on Monday
afternoon and continue, except for regular work time, until
the beginning of the regular work shift the following Monday
morning. Existlng language on standby compensation for
holidays shall continue unchanged.
ARTICLE 1.
1.16.1
1.16.2
1.16.3
16
VACATION SPLIT
Effective immediately, up to five (5)
(Firefighter through Captain classifications)
allowed to schedule vacation at any one time.
employees
shall be
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 shift of vacation will be the smallest split.
Employees who have eight (8) or more vacation shifts
must schedule eight (8) vacation shifts during the
annual vacation signup, but may carryover (leave
unscheduled) up to four (4) vacation shifts. These
shifts may be taken off during the year subject to:
a. Paragraph 1.16.1 above.
b. Forty-eight (48) hours advance request and
department approval.
Requests will be processed on a firstmcome, first-
serve basis.
6
d. At no time may the number of shifts being carried
over exceed four (4).
ARTICLE
1.17.1
1.17.2
.17
PHYSICAL ASSESSMENT PROGRAM
At least once during the term of this agreement, the
City will offer each Unit employee the opportunity to
receive a comprehensive physical assessment and follow-
up counseling session. When indicated by initial
results, follow-up testing will be performed.
The assessment will measure: cardiovascular fitness,
blood pressure, blood composition (cholesterol, etc.),
body 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.
The City and the Organization have formed a joint
committee to study further modifications/development of
a physical fitness program. The committee shall report
its findings no later than September 1, 1989. Mutually
acceptable findings of the committee shall be
implemented as soon as practicable.
ARTICLE 1.18
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 PROCEDURES:
For the purpose of this rule, a grievance shall be considered
as any matter for which appeal is not provided for, or
prohibited, in the Personnel Ordinance concerning:
(1)
A dispute about the interpretation or application of any
ordinance, rule or regulation governing personnel
practices or working conditions.
(2)
A dispute about a decision on wages, hours and other
terms and conditions of employment, other than a
fundamental management decision.
(C) INFORMAL GRIEVANCE PROCEDURE:
An employee who has a problem or complaint must first try to
get it settled through discussion with his 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.)
(1)
First Level of Review: A grievance shall be presented in
writing to the employee's supervisor, as designated in
the administrative rules, who shall render his decision
and comments in writing and return them to the employee
within ten (10) days after receiving the grievance. If
the employee does not agree with his supervisor's
decision, or if no answer has been received within ten
(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
grievance.
(2)
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
(3)
department head. Failure of the employee to take further
action within ten (10) days if no decision is rendered,
will constitute a withdrawal of the grievance.
Department Review: The department head receiving the
grievance, or his designated representative, should
discuss the grievance with the employee, his
representative, if any, and with other appropriate
persons. The department head shall render his decision
and comments in writing, and return them to the employee
within ten (10) days after receiving the appeal. If the
employee does not agree with the decision reached or no
answer has been received within ten (10) calendar days,
he shall have an additional ten (10) days to submit his
grievance to the City Manager. Failure of the employee
to take further action within ten (10) days after receipt
of the decision or within a total of twenty (20) days if
no decision is rendered, will constitute withdrawal of
the grievance.
(4)
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 1.19
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 Conunission 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:
9
~ ~r ~AK£,~,~
') Ft~I3[NAI
(a)
(b)
(c)
(d)
(e)
f)
g)
h)
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.
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 An writing within twenty (20) days from the close of
the hearing .
ARTICLE 1.20
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 Supervisory 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,
10
shall be required to obtain and utilize such coverage as a
condition for receiving coverage under the City's plan.
ARTICLE 1.21
NO STRIKE OR LOCKOUT
The City agrees not to engage in any lockouts of the members
of the Organization during the term of this Agreement.
Participation by any employee in a strike or work stoppage is
unlawful and shall subject the employee to disciplinary
action, up to and including discharge. No employee
organization, its representatives or members shall engage in,
cause, instigate, encourage or condone a strike, work stoppage
or work slowdown of any kind. If a recognized employee
organization, its representatives, or members engage in,
cause, instigate, encourage or condone a strike, work stoppage
or slowdown of any kind, in addition to any other lawful
remedies or disciplinary 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, 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 1.22
LIGHT DUTY
When due to injury or illness, whether or not the injury or
illness is work related and the employee is unable to perform
his or her usual duties, the employee may work in a light duty
capacity based on the following conditions:
(1) An employee may work light duty only upon approval of the
11
(2
(4
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
1.23.1
1.23.2
1.23
SMOKING REGULATIONS
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 nonsmoking agreement
shall result in disciplinary action.
The City and the 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 apparatus floor
only.
ARTICLE 1.24
RESIDENCY REOUIREMENT
The residency requirement shall be amended to forty-five (45)
minutes normal driving time from City Hall. Normal driving
12
time shall be defined as driving at the posted speed limit,
absent any accidents, traffic jams, etc.
ARTICLE 1.25
VACATION
The vacation accrual schedule shall be modified to provide for
accrual of a fourth (4th) week of vacation beginning with the
sixteenth (16th) year of service instead of the twentieth
(20th) year of service.
ARTICLE 1.26
HEPATITIS-B INOCULATIONS
The City shall make available to all Unit employees,
Hepatitis-B inoculations. Employees shall receive the
inoculations on a voluntary basis. The City will consult with
the Organization as to the detailed implementation of this
program.
ARTICLE 1.27
DRUG TESTING
The Organization and City agree to implement a drug testing
program. The goal and intent of this program shall be
rehabilitation and assisting first-time offenders with drug
problems. Action taken against employees shall be determined
by the individual circumstances of each case, and disciplinary
action up to and including termination is possible.
The Organization will continue to work with department
representatives on revisions to the drug testing policy.
ARTICLE 1.28 COMPENSATION ADJUSTMENT / FAIR LABOR STANDARDS ACT
The parties recognize that other shift personnel supervised by
the Fire Captain classification have received an increase in
compensation for the basic fifty-six (56) hour work week due
to the Fair Labor Standards Act. The parties have agreed to
compensate for this change in compensation by providing a one
point five (1.5) percent base wage adjustment for the Fire
Captain classification, effective January 5, 1987. The
adjustment will remain in effect only for so long as the
Firefighter and Fire Engineer classifications receive Fair
Labor Standards Act overtime for the fifty-six (56) hour work
week and Fire Captains do not receive this compensation.
ARTICLE 1.29
BREATHING APPARATUS
The City shall provide individual breathing apparatus masks
for each unit employee engaged in fire suppression activities.
ARTICLE 1.30
OVERTIME CARDS
13
Overtime cards shall be moved only when the employee has
actually worked a continuous 12-hour period or longer of
overtime.
ARTICLE 1.31 CALLBACK
Callback shall be on a rank-for-rank basis excluding callbacks
to fill vacation and compensatory time off.
ARTICLE 1.32
DEFERRED COMPENSATION AND SAVINGS PROGRAM
Deferred Compensation. The City agrees to make available to
the employees covered by this Agreement a deferred
compensation program.
Savings program. The parties agree to establish a cost
savings/sharing program. The procedures for implementing this
Plan will be worked out by mutual agreement of the parties.
ARTICLE 1.33
UNION SECURITY
Each employee in the Captains 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 suits, claims demands or other
liabilities, including the employer's reasonable attorney
fees, that may arise out of or by reason of any action taken
by the employer for purposes of complying with this Article.
This Article was implemented in accordance with Government
Code Section 3502.5 and following a secret ballot election of
the bargaining unit employees which was held in June, 1989.
The 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
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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.
1. Issues subject to this Complaint Procedure shall be
limited to the following:
That a portion of the Service Fee deduction is
being utilized for non-representational activities.
That the non-member is a member of a bona fide
religion, body or sect which has historically held
conscientious objections to joining or financially
supporting public employee organizations.
In the event that it is determined pursuant to
this procedure that such non-member is a
member of a religion or body pursuant to this
Section, he may designate a charitable fund
exempt from taxation under Section 501,
Paragraph C, Subsection 3 of the Internal
Revenue Code chosen from the following:
Any United Way Charity
2. City agrees to deduct and to remit fees 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 Uion 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.
1. An employee who objects to the deduction of
the Service Fee shall forward his written
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the Service Fee shall forward his written
complaint to the Union within forty-five (45)
calendar days after the fee is initially
deducted.
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 Conciliation
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.
Section of Arbitrator. The Arbitrator shall be
selected by mutual agreement between the Union and
the complainant.
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.
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.
Effective 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
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deduct the Service fees and remit them to the Union
as determined by the Arbitrator.
ARTICLE 1.34
OVERTIME PAY
Overtime Pay - Scheduling
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 (1-½) times the hours of overtime worked or
equivalent pay. Authorized overtime shall be any time worked
over the regular work schedule. Such compensatory time shall
be taken off as mutually agreed upon, however, such requests
shall be made at least twenty-four (24) hours in advance of
the requested time off.
In granting compensatory time off, the Fire Chief shall call
back off-duty personnel to maintain a minimum staffing
schedule at each station. Such minimum staffing for each
station, if in service, is as follows:
Captains EnGineers Firefighters
Station 1 2 4 2 ~__
Station 2 1 2 ~
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.
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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 (1-½) in cases of callback for shift work or
other nonemergency 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.
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 1.35
AVAILABILITY OF DATA
The City will make available to employee organizations such
nonconfidential information pertaining to employment relations
as is contained in the public records of the agency, subject
to the limitations and conditions set forth in this rule and
Government Code Section 6250-62-60. Such information shall be
made available during regular office hours in accordance with
the City's rules and procedures for making public records
available and after payment of reasonable costs, where
applicable. Information which shall be made available to
employee organizations includes regularly published data
covering subjects under discussion. Data collected on a
promise to keep its source confidential may be made available
in statistical summaries, but shall not be made available in
such form as to disclose the source. Nothing in this rule
shall be construed to require disclosure of records that are:
(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 interest
served by disclosure of the record.
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(3)
(4)
Records pertaining to litigations to which the city is a
party, or to claims or appeals which have not been
settled.
Nothing in this rule shall be construed as requiring the
City to do programming or assemble data in a manner other
than usually done by the agency.
ARTICLE
(a)
1.36
HIGHER JOB CLASSIFICATION AND LONGEVITY PAY
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:
Effective April 10, 1989, 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 1.37
LEAVES OF ABSENCE
19
(1)
(2)
(3)
(4)
(5)
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.
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 1.38
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 1.39
MAINTENANCE OF BENEFITS
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Except as specifically provided herein, the Organization
hereby expressly waives any right to request any improvements
or changes in the wages, hours or other terms and conditions
of employment for the employee-members represented by the
Organization which would take effect prior to April 1, 1991,
and the City of Bakersfield, through its representatives shall
not be required to meet and confer as to any such request.
The parties recognize that there are existing ordinances,
resolutions and policies relating to benefits and other terms
and conditions of employment and the same are not affected by
this Agreement except as recommended herein.
ARTICLE 1.40
VALIDITY OF MEMORANDUM
1.40.1 Should any portion of this Memorandum or any provision
herein contained be rendered or declared invalid by reason of
any existing or subsequently enacted legislation or by any
decree of a competent jurisdiction, such invalidation of such
portion of this Memorandum shall not invalidate the remaining
portions hereof, and they shall remain in full force and
effect. The parties hereto mutually agree, during the term of
this Memorandum, not to seek to meet and confer for the
purpose of modifying any provision contained in this
Memorandum unless the parties mutually agree in writing to do
so. Should the parties mutually agree in writing to meet and
confer during the term of this Memorandum, neither party shall
be obligated to add to, subtract from, or otherwise modify the
terms herein, but if it is the desire of both parties to
institute such changes, such changes shall not be precluded by
this or any other provision of this Memorandum. Nothing
contained in this Memorandum shall be interpreted to preclude
the parties from meeting and conferring during the term hereof
with respect to the interpretation and/or application of
provisions of the Memorandum, the City's 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.
1.40.2 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 1.41
EAP PROGRAM
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The Organization will work with the department to resolve
concerns regarding the confidentiality of the EAP program.
ARTICLE 1.42 ACTING ASSIGNMENTS
As soon as possible, the city shall issue required criteria
for individuals to qualify for acting assignments.
ARTICLE 1.43
CLASSIFICATION / COMPENSATION STUDY
During the term of this Agreement 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 agencies to be
utilized as survey 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, 1992.
ARTICLE 1.44 TERM
This agreement shall be effective as of April 1, 1991, and
shall remain in full force and effect until December 31, 1991.
Proposals for the contract period beginnin~ 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.
FOR THE ORGANIZATION:
DATE: June 19, 1991
FOR THE CITY:
V e ry ~.~
DATE: June 19, 1991
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APPROVED AS TO FORM:
By _ .~.4z~ ~44_~--
City Attorney
CITY OF BAKERSFIELD
Clarence E. Medders - Mayor
COUNTERS IGNED:
]~ Y~~e~e r~~~or~
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FOR A'I-rACHMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF BAKERSFIELD AND THE BAKERSFIELD FIREMAN'S LABOR ORGANIZATION
FIRE SUPERVISORY UNIT
The attached Memorandum of Understanding between the City of Bakersfield and the
Bakersfield Fireman's Labor Organization Fire Supervisory Unit was approved and
adopted by the City Council at their meeting of June 19, 1991, with incorrect language
in Article 1.28 regarding FLSA overtime. The representatives of the City and the Fire
Supervisory Unit signing and approving this agreement have done so recognizing that
Article 1.28 has been revised and is included with this signed copy. The revisions will be
adopted by the City Council with a resolution amending the M.O.U. on July 17, 1991.
/h