HomeMy WebLinkAboutRES NO 26-87RESOLUTION NO. 26-87
A RESOLUTION OF THE COUNCIL OF THE CITY
OF BAKERSFIELD APPROVING THE MEMORANDUM
OF UNDERSTANDING SETTING SALARIES AND
RELATED BENEFITS FOR OFFICERS AND EMPLOYEES
OF THE FIRE UNIT 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 officers and 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 California Teamsters Public, Professional & Medical
E~nployees Union, Local 911, which represents this City's Fire Unit
employees; and
WHEREAS, the City's negotiator and the Fire Unit have
agreed to a Memorandum of Understanding, as attached hereto; and
WHEREAS, the Council has determined that such Memorandum
of Understanding complies with the guidelines established by the
City Council; and
WHEREAS, the Council has determined that provisions of
the attached Memorandum of Understanding shall commence on January
5, 1987, and expire midnight on April 1, 1989, 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 on January 5, 1987, the attached
document, entitled "Memorandum of Understanding~ California
Teamsters Public, Professional & Medical Employees Union, Local
911, and City of Bakersfield," shall constitute the salary sched-
ule and related benefits for officers and employees for the cate-
gories 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 M~morandum of Understanding bet-
ween the City of Bakersfield and the Fire Unit for the period
January 5, 1987, to April 1, 1989.
.......... o0o ...........
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 February 1], 1987 , by the
following vote:
AYES: COUNCILMEMBERS- C;-'r[ DS, CHRISTeN_SEN, SMITH, RATT¥, fll~'O~, DICKERSON, SALVAGGIO
ABSENT: COUNC~LN,!~Mi~ER$:
ABSTAINING: COUNCILMEMBERS:
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED .... _F~b_ r_u_aj~_y _ ! 1_,- 198~7. ...................
APPROVED as to form:
I~'~EY of~'t~-~ity of Bakersfi_ld
__ __ .... ~..,~ _- ........... ~ -
RJO/dr
1 :R. SALARY1
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10 FEB 1987
0
CLS T CLASSIFICATION TITLE
215 A FIRE ENGINEER
215 A FIRE ENGINEER
220 A FIREFIQHTER
~0 A FIREFIQHTER
226 A FIREFIQHTER TRAINEE
CITY OF BAKERSFIELD
SALARY SCHEDULE
3 - FIRE (SAFETY) UNIT
EFFECTIVE DATE: 05 ~AN 1987
SALARY EDU
BASIS STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 PCT
HOURLY 12.620 13.264 13,930 14.637 15.379
HOURLY-II2 9.015 9.472 9.943 10.454 10.986
HOURLY 11,429 12.011 12.620 13.258 13.930
HOURLY-II2 8. 16~ 8.579 9,015 9.471 9.945
HOURLY 9. I55 9.619 10.107 10.617 11.156
HOURLY-II2 6.537 6.872 7.218 7,582 7.~74
FINAL
March 4,
1987
City Contract No.
87 -71
MEMORANDUM OF UNDERSTANDING
CALIFORNIA TEAMSTERS PUBLIC,
PROFESSIONAL & MEDICAL EMPLOYEES UNION, LOCAL 911
AND
CITY OF BAKERSFIELD
This Memorandum of Understanding was approved
by Resolution No. 26-87 at the Council Meeting
on 2-11-87.
ARTICLE 1.01 PARTliES TO MEMOR~/~DUM
This Memorandum 6f 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 California Teamsters Public, Professional & Medical
Employees Union, Local 911, International Brotherhood of
Teamsters, hereinafter referred to as the UNION, 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 Union. 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 California Teamsters Public, Professional & Medical
Employees Union, Local 911, International Brotherhood of
Teamsters, 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 ~]les 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 limited to) wages, hours and other terms
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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 Union 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 Union 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 OVERTIMB PAY
Overtime Pay - Scheduling
Shift Rate. Eligible employees of the 5ire Department assigned
to a 24-hour duty shift who work authorized overtime shall
be compensated with a credit of compensatory time off at one
and one-half (1-1/2) times the hours of overtime worked or
equivalent pay. Authorized overtime shall be any time
worked over the regular work schedule. Such compensatory
time shall be taken off as mutually agreed upon, ihowever,
such requests shall be made at least twenty-four (24) hours
in advance of the requested time off.
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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 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 by 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) hour minimum
applies. Such callback time shall be paid at the rate of
time and one-half 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 1.10 CONFLIC? 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
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event of proposed changes to said rules and regulations, the
Union shall be advised for the purpose of enabling the City
and Union 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 F. rohibited by specific provisions of this
Memorandum of Understanding without prior negotiations with
the Union. 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 Union.
ARTICLE 1.11 VALIDITY OF MEMORANDUM
Should any portion of this Memorandum or any provision
herein contained be rendered or declared invalid by reason
of any existing or subsequently enacted legislation or by
any decree of a competent jurisdiction, such invalidation of
such portion of 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, subtzact from, or otherwise
modify the terms herein, but if it is the desire of both
parties to ins'~itute 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
Personnel Resolution, Salary and Compensation Plan, or the
provisions of the City of Bakersfield Code which deal with
personnel matters, insofar as these documents affect the
employees represented by the Union under the terms of this
Memorandum of Understanding.
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:
4% January 5, 1987
3% January 4, 1988
1% January 2, 1989
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1.12.2
Inequity Salary Increases. Based on a review of
compensation levels for equivalent classifications in
other agencies during the meet and confer process, the
parties have agreed on the following inequity
adjustments for the classifications of fire fighter and
fire engineer. Adjustments listed on the same date as
general wage adjustments under section 1.12.1 above,
shall occur simultaneously and not be compounded.
1% January 5, 1987
1% January 2, 1989
1.12.3
Retirement Contributions: The City's contribution
towards employees PERS contribution shall be 9% for
those employees hired prior to July 1, 1983 and 4% for
those employees hired on or after July 1, 1983.
Employees hired on or after July 1, 1983, will be
eligible to receive the 9% payment effective the
beginning of their 7th uninterrupted year of service.
Such payments by the City shall be reported as normal
contributions and shall be credited to the employees
accounts pursuant to the Government Code Section 2615,
this PERS pickup is done pursuant to Section 414(H) (2)
of the In'~ernal 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 working hours. If the attendance at a
station exceeds the personnel on duty, the Union shall gain
approval for the meeting from the officer in charge of the
Bakersfield Fire Department.
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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 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 forf,~it 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 Union 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 Union 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 Union 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 or those employees affected
by changes in retiree medical Article 1.33.
A~TICLE 1.16 AVAILABILITY OF DATA
The City will make available to employee organizations such
nonconfidential information pertaining to employment
relations as is contained in the public records of the
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
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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.
(3)
Records pertaining to
a party, or to claims
settled.
litigations to which the City is
or appeals which have not been
(4)
Nothing in this rule shall be construed as requiring
the City to do programming or assembly 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 Union 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, 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
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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 DUES CHECK-OFF
The City agrees, during the life of this Agreement, to deduct
from the net amount due bi-weekly, the semi-monthly dues of each
employee in the recognized representation unit who has furnished
the City with an individual written authorization, revocable and
subject to the terms of Rule 2 of the Employer-Employee Relations
Ordinance and Supplemental Rules and Regulations, of such
deduction on a form set forth in said Ordinance. The Union
agrees to indemnify the City and defend at its expense against
any liability, claim, demand, judgment or loss from any lawsuit
filed by any employee or group of employees in connection with
this check-off provision. The City agrees to remit such
deductions to the Union bi-weekly.
ARTICLE 1.19 GRIEVANCE PROCEDURES
(A) PURPOSE OF 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.
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(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,
terms and conditions of employment,
fundamental management decision.
hours and other
other than a
(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 the
grievance.
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(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 then (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)
ARTICLE
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 conssitute 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 offJ. cer not in the normal line of supervision to
advise him concerning the appeal. The City Manager
shall respond in writing to the employee within ten
(10) calendar days after receiving the grievance.
1.20 GRIEVanCES - REVIEW
Grievance 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 1.19 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
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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:
(a) Upon written notice received by either party and within
ten (10) days thereof the parties shall each select one
representative for the purpose of forming a review
board. The two representatives selected shall, within
seven (7) days, select a third party who shall be a
resident of the City of Bakersfield.
(b)
(c)
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 Union 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 Union may be reimbursed by the Union for
any loss of pay for time off.
(d)
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.
(e)
(f)
Either party may be represented by legal
The parties shall pay their own expenses
third member of the Board whose expenses
shared equally.
counsel.
except for the
shall be
(g)
(h)
The decision of the review panel shall be final and
binding upon the parties to the dispute.
NO decisicn 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 this Resolution or the Act, shall be given by
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United States mail, postage pre-paid, 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 Desicnated
Representative. Nctice shall be deemed for ali purposes to have
been given upon physical delivery thereof, or upon its deposit in
the custody of said postal service.
ARTICLE 1.22 HIGHER JOB CLASSIFICATION PAY
(A) TEMPORARY ASSIGNMENT TO DUTIES IN A HIGHER CLASSIFICATION:
Any employee who is assigned duties of a higher job
classification for more than twelve (12) continuous hours in
a single workslhift, shall be paid the wage rate of the
higher classification.
(B) BIDDINGAND 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 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.
ARTICLE 1.23 IMPROVEMENT IN QUALITY OF SERVICE
It is the intent of the parties to improve the quality of service
that the fire department provides the citizens of Bakersfield.
It is agreed that the Employer and the Union shall implement such
steps that are necessary to bring about such improvements.
ARTICLE 1.24 BEREAVEMENT T~AVE
In case of death within the immediate family of an employee, the
employee may, upon approval of the department head, use up to two
shifts of any accumulated sick leave, vacation 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 reco~mnendation of the department head and
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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 1.25 T.RA~,/~S OF ABSENCE
(1)
Leave of absence without pay: Leaves of absence
without pay, up to a period of six (6) months, may be
granted to an employee upon the recommendation of the
department head with the approval of the City Manager.
No leave of absence shall be granted to allow an
employee to accept other employment on a trial basis.
Leaves of absence for periods of time longer than six
(6) months 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.
(2)
(3)
(4)
Unauthorized leave of absence: Unauthorized leave of
absence shall be considered to be without pay and
reductions in the employee's pay shall be made
accordingly. Unauthorized leave of absence for more
than two (2) consecutive working shifts shall result in
automatic termination of employment unless the employee
can demonstrate that such absence was due to
circumstances beyond his 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.
(5)
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.
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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 I~F~LTH AND Wq~LFARE
Effective January 1, 1987, the City shall pay the cost of medical
and dental insurance premiums, subject to the following maximum
amounts:
Category
Employee only
Employee + 1
Family
Bi-Weekly Maximum
$ 42.14
84.97
114.05
Effective January 1, 1988 and for the remaining term of the
agreement, the City shall increase the dollar amount of it's
maximum medical and dental insurance payments to maintain the
existing proportion of payments by medical plan category.
For example, if the City currently pays seventy-five percent
(75%) of the premium in an existing coverage category, it shall
continue to pay seventy-five percent (75%) of the premium for the
term of this agreement. Any additional City costs pursuant to
the provisions of this section shall be paid through accrued
reserves of the medical reserve fund.
Employees shall pay the balance through payroll deduction. The
accrued medical reserve fund shall remain in existance until it
is depleted through the payment of increased employee medical
insurance premiums or other agreed upon expenditures.
ARTICLE 1.28 VISION INSURANCE
As soon as practicable, the City shall implement 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.
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ARTICLE 1.29 UNIFORM AT.T.OWANCE
It is agreed that each employee covered by this agreement shall
have a uniform allowance as follows: payable on or before July
1st of each year, two hundred dollars ($200.00); and payable on
or before December 1st of each year two hundred dollars ($200.00)
for a total uniform allowance of four hundred dollars ($400.00).
ARTICLE 1.30 SICK LEAVE ANDVACATIONS
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 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
or time at the rate of five and one-half (5.5) shifts per year to
be paid as follows: 0ne-half (.5) of the five and one-half (5.5)
shifts on or before December 1st of each year and the other half
on or before June 30th of each year.
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 RETIREE MEDICAL
0nly employees with a minimum of fifteen (15) years accumulated
service shall be eligible for participation in the retiree
medical insurance program. The fifteen (15) year minimum shall
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be waived for employees retiring because of job related
disability. Employees retiring with job related disability shall
be credited with either eight (8) years or their actual
accumulated service time, whichever is greater for the purpose of
calculating the retiree medical allowance under the City's
adopted formula.
ARTICLE 1.34 CHARTER / CODE RE-OPENER
The City is currently undertaking a comprehensive consultants
study of it's personnel system. The study recommendations may
require modification to Code, Rule or Charter provisions. The
City and Union agree to meet and confer on any proposed changes
which involve mattelrs within the scope of representation prior to
the City taking any action. The Union shall have the right to
propose changes to Code, Rule or Charter provisions to the
consultant and the City as part of the review process.
ARTICLE 1.35 VACATION
Effective January 5, 1987, the vacation accrual schedule shall be
modified to provide for accrual of the forth (4th) week of
vacation beginning with the sixteenth (16th) year of service
instead of the twentieth (20th) year of service.
ARTICLE 1.36 RESIDENCY REQUIREMENT
Effective immediately, the residency requirement shall be amended
to forty-five minutes (45) 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 Union 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.
Prior to implementation of a program, the City shall establish a
joint employer-employee committee to develop the detailed
policies and procedures for the program. Issues to be addressed
shall include: 1) .defining the level of authority for ordering
testing 2) describing the conditions for allowing testing 3)
developing the testing procedure and 4) designating a testing
agent. The committee shall complete it's work no later than
April 1, 1987.
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ARTICLE 1.38 NON-SMOKING
Effective immediately, newly hired employees 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.
ARTICLE 1.39 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 physioal assessment and follow-up counseling
sessions. When indicated by initial results; follow-up testing
will be performed.
The assessment will measure: cardio-vascular fitness,
pressure, blood composition (cholesterol, etc.), body
composition, muscular endurance, and flexibility.
blood
Results of the assessment shall be for the individual employees
use only. The City will receive composite data to be used in
evaluating the need for training seminars, etc.
ARTICLE 1.40 TERM OF AGREEMENT
The term of this Agreement is from January 1, 1987 to March 31,
1989. Proposals for the contract period beginning in April of
1989 shall be submitted by December 15, 1988 and negotiations
shall commence no later than January 5, 1989 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 UNION:
FOR THE CITY:
DATE
DATE
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