HomeMy WebLinkAboutRES NO 276-06
RESOLUTION NO.
276~(LfI
A RESOLUTION APPROVING THE MEMORANDUM OF
UNDERSTANDING SETTING SALARIES AND RELATED
BENEFITS FOR THE FIREFIGHTERS AND ENGINEERS
UNIT 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 Firefighter's
Labor Organization which represents this City's Firefighters and Engineers; and
WHEREAS, the City's negotiator and the Bakersfield Firefighter'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 January 1, 2006, and expire at
midnight on March 31, 2008, 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 January 1, 2006, the attached document entitled "Memorandum of
Understanding between the Bakersfield Firefighter'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
Firefighter's Labor Organization, Fire Unit for the twenty-seven month period beginning
January 1, 2006, and expiring at midnight, March 31, 2008.
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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
JlCT 2 5 200& ' by the following vote:
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ABSTAIN:
ABSENT:
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COUNCILMEMBER CARSON,BENHAM,MAGGARD,COUCH,HANSON,SCRIVNER, SULLIVAN
COUNCILMEMBER
COUNCILMEMBER
COUNCILMEMBER
APPROVED
OCT 2 5 2006.
HARVEY 1:. HALL
MAYOR of the City of Bakersfield
APPROVED as to form:
GINIA A. GE NARO
ITY ATTORNEY of the City of Bakersfield
Attachments
S:\Resolution\FIRE RES 2006.DOC
September 22, 2006
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MEMORANDUM OF UNDERSTANDING
BAKERSFIELD FIREFIGHTERS LABOR ORGANIZATION, IAFF, LOCAL 246
FIREFIGHTERS AND ENGINEERS UNIT
AND
CITY OF BAKERSFIELD
January 1, 2006 - March 31, 2008
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RECOGNITION ............................................................................................1
SCOPE OF REPRESENTATION .................................... ........... ................. 2
MANAGEMENT AND EMPLOYEE RIGHTS RESERVED..................... 2
HOURS OF WORK......................................................................................2
SALARY AND WAGES.... ....................... ....................... ............................ 2
EDUCATIONAL INCENTIVE PAy........................................................... 3
BILINGUAL PAy.............. ....................... ....................... ....................... ..... 3
HEALTH AND WELFARE .........................................................................4
UNIFORM ALLOWANCE .......................................................................... 4
HOLIDAYS ..................................................................................................4
JURY DUTY ................................................................................................ 5
SICK LEAVE ..................... ....................... ....................... ....................... ..... 5
BEREAVEMENT LEA VE...........................................................................6
CATASTROPHIC LEAVE ....................... ....................... ....................... ..... 6
COMPENSATORY TIME ........................................................................... 6
LEFT BLANK.................................................. ............................................ 7
VACATION.................................................................................................. 7
PHYSICAL ASSESSMENT PROGRAM.................................................... 7
GRIEVANCE PROCEDURES .................................................................... 8
GRIEVANCES - REVIEW.......................................................................... 9
RETIREE MEDICAL ......... ....................... ....................... .......................... 11
NO STRIKE OR LOCKOUT ..................................................................... 12
LIGHT DUTY............................................................................................. 12
SMOKING REGULATIONS .................................................................. ... 13
RESIDENCY REQUIREMENT................................................................. 13
HEP A TITIS-B INOCULATIONS .............................................................. 13
DRUG TESTING........................................................................................ 13
THIS ARTICLE LEFT INTENTIONALLY BLANK ................................ 14
BREATHING APPARATUS ..................................................................... 14
TELEST AFF ............................................................................................... 14
INTENTIONALLY LEFT BLANK............................................................ 14
MINIMUM EDUCATION REQUIREMENTS.......................................... 14
PAYROLL ... ..................................................................... .......................... 15
DEFERRED COMPENSATION AND SAVINGS PROGRAM............... 15
UNION SECURITY ........... ....................... ....................... ....................... ... 15
OVERTIME PAy............... .....:................. ................................................. 17
MINIMUM CALLBACK ........................................................................... 18
MODIFICATIONS TO MINIMUM STAFFING SCHEDULE ................. 18
MAINTAINING MINIMUM STAFFING..................................................19
AVAILABILITY OF DATA ...................................................................... 19
HIGHER JOB CLASSIFICATION AND LONGEVITY PAy.................. 20
LEAVES OF ABSENCE ............................................................................20
IMPROVEMENT IN QUALITY OF SERVICE........................................ 21
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TABLE OF CONTENTS
ARTICLE 1.02
ARTICLE 1.03
ARTICLE 1.04
ARTICLE 1.05
ARTICLE 1.06
ARTICLE 1.07
ARTICLE 1.08
ARTICLE 1.09
ARTICLE 1.10
ARTICLE 1.11
ARTICLE 1.12
ARTICLE 1.13
ARTICLE 1.14
ARTICLE 1.15
ARTICLE 1.16
ARTICLE 1.17
ARTICLE 1.18
ARTICLE 1.19
ARTICLE 1.20
ARTICLE 1.21
ARTICLE 1.22
ARTICLE 1.23
ARTICLE 1.24
ARTICLE 1.25
ARTICLE 1.26
ARTICLE 1.27
ARTICLE 1.28
ARTICLE 1.29
ARTICLE 1.30
ARTICLE 1.31
ARTICLE 1.32
ARTICLE 1.33
ARTICLE 1.34
ARTICLE 1.35
ARTICLE 1.36
ARTICLE 1.37
ARTICLE 1.38
ARTICLE 1.39
ARTICLE 1.40
ARTICLE 1.41
ARTICLE 1.42
ARTICLE 1.43
ARTICLE 1.44
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ARTICLE 1.45
ARTICLE 1.46
ARTICLE 1.47
ARTICLE 1.48
ARTICLE 1.49
ARTICLE 1.50
ARTICLE 1.51
ARTICLE 1.52
ARTICLE 1.53
ARTICLE 1.54
ARTICLE 1.55
ARTICLE 1.56
ARTICLE 1.57
ARTICLE 1.58
MAINTENANCE OF BENEFITS .............................................................. 21
VALIDITY OF MEMORANDUM ............................................................ 21
ACCESS TO PREMISES ........................................................................... 22
BULLETIN BOARDS................................................................................ 22
EAP PROGRAM........................................................................................ 23
EARLY RELEASES................................................................................... 23
INTENTIONALLY LEFT BLANK............................................................ 23
STRIKE TEAM RESPONSESIPERSONNEL ASSIGNED ...................... 23
HAZARDOUS MATERIALS ................... ....................... .......................... 23
RETIREMENT ........................................................................................... 23
THIS ARTICLE LEFT INTENTIONALLY BLANK ...............................24
THIS ARTICLE LEFT INTENTIONALLY BLANK ................................ 24
TERM OF AGREEMENT.............. ....................... ..................................... 24
MEMBERS ONLY.. ....................... ............................................................ 24
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This Memorandum of Understanding has been prepared pursuant to the terms of Code Section
2.76 of the City of Bakersfield, which is hereby incorporated by reference as if fully set forth
herein, and has been executed by the Designated Representatives of the City of Bakersfield and
the Bakersfield Firefighters Labor Organization, IAFF, LOCAL 246, hereinafter referred to as the
ORGANIZATION, on behalf of the employee-members occupying the job classifications as set
forth in Exhibit "A" which is attached hereto and made a part hereof.
1.01.1 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.
1.01.2 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.
1.01.3 Previous Memorandum. This Memorandum of Understanding replaces the
Memorandum of Understanding between the City and Organization originally
scheduled to expire December 31, 2004.
ARTICLE 1.02
RECOGNITION
The Bakersfield Firefighters Labor Organization, IAFF, LOCAL 246, 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.
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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. The shift will
start at 0800hrs.
ARTICLE 1.06
SALARY AND WAGES
The salary ranges for the classifications of the unit shall be amended as follows:
1.06.1 General Salary Increase.
. 3% effective December 26,2005
. 4% effective December 25, 2006
. 1 % effective December 24, 2007
1.06.2 Retirement Contributions. The City's contribution towards employees PERS
contribution shall be 9% for employees prior to July 1, 1983, four percent (4%) for
those hired on or after July 1, 1983, and three percent (3%) for those employees hired
after June 1, 2006. Employees hired on or after July 1, 1983 (including those hired after
June 1, 2006), will be eligible to receive the nine percent (9%) payment effective the
beginning of their sixth (6th) cumulative 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 4l4(H)(2) of the Internal Revenue Code.
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1.06.3 The City shall report those amounts it pays towards the employees PERS contribution
(EPMC) to PERS as special compensation. Accordingly, these amounts will then be
considered compensation for retirement purposes.
1.06.4 Hazardous Materials Pay. Individuals assigned to work as a certified Hazardous
Materials Specialist or Hazardous Materials Technician shall receive payment of
Fifteen Dollars ($15) per shift for those shifts actually worked in that capacity. In the
event of shift trades, the individuals assigned to work shall receive the Hazmat pay
premium, rather than the replacement. Effective December 25, 2006, hazardous
materials pay shall increase to Seventeen Dollars ($17) per shift.
ARTICLE 1.07
EDUCATIONAL INCENTIVE PAY
The City shall pay the following amounts to employees meeting the standards set forth below:
· 2.5% of employee's base salary for those fire safety personnel in the Bakersfield Fire
Department who have obtained a Fire Science Certificate requiring thirty (30) units and
eight (8) years employment or Fire Management Certificate requiring twenty-one (21)
units and eight (8) years employment with the department.
· 5% of employee's base salary for those fire safety personnel holding an Associate of Arts
or Associate of Science Degree which fulfills all requirements of a Fire Science
Certificate and five (5) years employment with the Bakersfield Fire Department (inclusive
of the 2.5% above).
Employees with five (5) years of employment will be eligible for the following additional
incentives:
· 5% for a Bachelor of Arts or Bachelor of Science Degree from an accredited College or
University.
. 5% for a Certified Chief Fire Officer (individuals in the classification of Firefighter or
Fire Engineer shall be eligible for this payment if they have completed all of the
requirements for Certified Chief Officer except holding a rank necessary to obtain the
certification. Captain's must actually obtain the certification; however, if an employee
was receiving this compensation in the rank of Firefighter/Engineer, they shall retain it
after promotion to Captain for the minimum amount of time necessary to obtain the actual
certification).
The maximum amount of educational incentive pay is 10%.
ARTICLE 1.08
BILINGUAL PAY
Firefighters/Engineers capable of speaking Spanish shall be eligible to receive an additional
Twenty-Five ($25.00) Dollars per pay period. To be eligible, an employee must; 1) Pass the test
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demonstrating conversational fluency in Spanish; 2) Pass periodic retests in language skills; 3)
Serve as translators as required.
Additional languages may be added by the Fire Chief. Notwithstanding the above, all personnel
shall utilize any language skills they possess to the best of their ability in handling their
responsibilities. In case of an emergency, all employees will use whatever language skills they
possess to assist to the maximum extent possible.
ARTICLE 1.09
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. The City and employee shall share bi-weekly
contributions towards a medical, vision and dental plan for all employees of these Units as
follows:
Eligible
Fee Dental HMO Dental Fee Dental HMO Dental Employee
Fee Health HMO Health HMO Health Fee Health Contribution
80% 80% 80% 80% 20%
80% 80% 80% 80% 20%
80% 80% 80% 80% 20%
Employee only
Employee + 1
Family
Life Insurance. The City shall continue the base life insurance coverage of Twelve Thousand
Dollars ($12,000).
ARTICLE 1.10
UNIFORM ALLOWANCE
The uniform annual allowance shall be Nine Hundred ($900) Dollars. One-half (112) of the
amount to be paid July 1 with the remainder paid on December 1 for each year. Effective the pay
period beginning June 26, 2006, uniform allowance shall be earned and paid bi-weekly on a pro-
rata basis.
ARTICLE 1.11
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: One-half (1/2) for three and one quarter (3.25) shifts
on or before December 1 of each year and one-half (112) for three and one-quarter (3.25) shifts on
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or before June 30 of each year. Effective the pay period beginning June 26, 2006, holiday pay
shall be earned and paid bi-weekly on a pro-rata basis.
Effective immediately, the following holidays will be the only days recognized as non-training
days: New Years Day, Easter, Independence Day, Thanksgiving Day and Christmas Day.
ARTICLE 1.12
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 will not have that time deducted from their work hours for the purpose of calculating
Fair Labor Standards Act overtime.
ARTICLE 1.13
SICK LEAVE
1.13.1 Employees in the Unit accrue sick leave at the rate of five point six (5.6) shifts per
year, with a maximum of fifty-six (56) shifts. An employee who has accrued fifty-six
(56) shifts will receive one-half (112) of his /her shifts accrued and unused during the
year as vacation and the other one-half (1/2) of unused shifts will be paid to the
employee no later than the 2nd pay period in January.
Sick leave is defined to mean an absence from duty by any employee because (a) of
his/her own illness or injury or exposure to contagious disease which incapacitates
such employee from performing his/her duties, or (b) absence from duty for
attendance upon a member of his/her immediate family because of illness, injury,
death or exposure to contagious disease where the attendance of such employee is
definitely required. As used in this section, "immediate family" means husband, wife,
child, parent or spouse's parent, or a close relative actually residing in the employee s
household. Pregnancy of the employee's spouse in or of itself shall not be grounds for
granting sick leave with pay. Illness accompanying pregnancy but not a normal
condition thereof and supported by a physician's certificate shall be considered
grounds for sick leave with pay. Sick leave absences with pay for attendance upon
employee's immediate family shall be limited to not more than five (5) days (two and
one-half (2-112) 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 (2)
shifts) for each instance.
1.13.2 Sick Leave Pay-out. The Bakersfield Firefighters Labor Organization, IAFF, Local
246 and the City of Bakersfield mutually acknowledge that the large majority of Unit
retirements take place as disability, not service retirements. The parties consider this
practice problematic. The parties agree that service retirements, when practical, are
preferable and create the possibility of significant savings for the City and the
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taxpayers. For this reason, the parties agree that individuals retiring with a service
retirement shall be entitled to a premium sick leave pay-out. Specifically, individuals
shall receive an additional 25% of accrued sick leave at the time of retirement beyond
that provided for in City Code Section 2.84.570. This payment shall not be considered
gross remuneration for purposes of retirement.
Except as provided below, any employee converting the service retirement to a
disability retirement within five (5) years of the date of retirement shall refund this
premium sick leave payment to the City. If repayment is required, a reasonable
repayment schedule shall be established between the employee and the City.
Exceptions to the repayment requirement may be made as follows:
1. No repayment shall be required if an employee dies after retirement and the
survivor's allowance is converted to a disability allowance.
2. The City Manager will waive repayment in the event of a catastrophic event
resulting in substantial disability from heart attack, stroke or cancer for the
employee. Substantial disability is defined as a disability which would have
required the retirement of the employee if still in active service.
ARTICLE 1.14 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 leave or
compensatory time off due himlher 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 below.
ARTICLE 1.15
CATASTROPHIC LEAVE
Unit members shall be permitted to participate in the City's voluntary catastrophic leave program
as adopted in the City's Administrative Rules and Regulations.
ARTICLE 1.16
COMPENSATORY TIME
1.16.1 Fire personnel on five (5) day per week work schedule may accumulate compensatory
time up to sixty (60) hours. Any compensatory time in excess of sixty (60) hours shall
be automatically paid if management is unable to schedule time 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
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right to cash payment for any compensatory time on the books, subject to budgetary
restraints.
1.16.2 Requests for compensatory time off shall be submitted no more than thirty (30) days in
advice of the time requested off. Once submitted, requests shall be approved or denied
within forty-eight (48) hours. Once approved, compensatory time off shall not be
canceled, except in cases of emergency.
1.16.3 The accrual of compensatory time off for shift personnel has been eliminated.
ARTICLE 1.17
LEFT BLANK
ARTICLE 1.18
VACATION
1.18.1 Vacation Accrual. Fire department safety employees who are required to work on
twenty-four hour duty shifts shall accrue vacation leave at the following rates:
1. First four years, 0.180 of a twenty-four hour duty shift biweekly to yield 4.68
twenty- four hour duty shifts annually.
2. Five through fifteen years, 0.270 of a twenty-four hour duty shift biweekly to
yield 7.02 twenty-four hour duty shifts annually.
3. Sixteen years or more, 0.360 of a twenty-four hour duty shift biweekly to yield
9.36 twenty-four hour duty shifts annually.
All other fire department employees shall accrue vacation leave in the same manner as
employees of the miscellaneous departments.
1.18.1.1 At the request of employee, the city will buy back up to four (4) shifts of vacation
accrual at straight time. The employee must submit request by March 1 st and will
receive payment in the second pay period check of March. For 2006, the submission
will be by November 1 st with payment in the second pay period check of November.
ARTICLE 1.19
PHYSICAL ASSESSMENT PROGRAM
1.19.1 At least once annually, during the calendar year and through the period of this contract,
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.
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Results of the assessment shall be for the individual employees use only. The City will
receive composite data to be used in evaluating the need for training seminars, etc. The
City will consult with the Organization prior to selecting or changing the service
provider.
ARTICLE 1.20
GRIEVANCE PROCEDURES
A. PUlpose 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 Subiect to Grievance Procedure. For the purpose of this rule, a grievance shall be
considered as any matter for which appeal is not provided for, or prohibited, in the
Personnel Ordinance concerning:
1. A dispute about the interpretation or application of any ordinance, rule or
regulation governing personnel practices or working conditions.
2. A dispute about a decision on wages, hours and other terms and conditions of
employment, other than a fundamental management decision.
C. Informal Grievance Procedure. An employee who has a problem or complaint must first
try to get it settled through discussion with his/her immediate supervisor without undue
delay. If, after this discussion he/she does not believe the problem to be satisfactorily
resolved, he/she shall have the right to discuss it with 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/her immediate superior. An informal grievance shall not be taken above
the department head.
D. Formal Grievance Procedure. (Levels of review through chain of command.)
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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/her 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/her supervisor's decision, or if no answer has been received with ten (10) days,
the employee may present the appeal in writing to his/her supervisor's immediate
superior. Failure of the employee to take further action within ten (10) days after
receipt of the written decision of his/her supervisor; or within a total of twenty
(20) calendar days if no decision is rendered, will constitute a withdrawal of the
gnevance.
2. Further Level or Levels of Review as Appropriate. The supervisor receiving the
grievance shall review it, render his/her 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. De;partment Review. The department head receiving the grievance, or his/her
designated representative, should discuss the grievance with the employee, his/her
representative, if any, and with other appropriate persons. The department head
shall render his/her 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/her
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/her designated representative, should discuss the grievance with the employee,
his/her 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 1.21
GRIEVANCES - REVIEW
1.21.1
Grievances which may be processed through the procedure set forth in 1.20 shall be
limited to those which 1.) have not been settled under the provisions set forth in 1.19
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.
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By way of example, disciplinary matters involving suspension of thirty (30) days or less
are vested by Charter in the City Manager, 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. The Review Board shall, as soon as practicable, hold hearings on the grievance,
said hearing to be held in conformity to normal hearing procedures.
C. Either the City or the Organization may call any employee as a witness from
work if he/she is on duty. Any employee called as a witness by the City shall
not be debited for any hours not worked while on such call. Employees called
by the Organization may be reimbursed by the Organization 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. Either party may be represented by legal counsel.
F. The parties shall pay their own expenses except for the third member of the
Board whose expenses shall be shared equally.
G. The decision of the review panel shall be final and binding upon the parties to
the dispute.
H. 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.
1.21.2 Except as otherwise provided herein, notices required pursuant to the provisions of this
Resolution or the Act, shall be given by United States mail, postage prepaid, addressed
to the recipient by his/her last known address. In lieu of mailed notices required to be
given by a recognized employee organization, personal delivery of such notices may be
made on the City's Designated Representative. Notice shall be deemed for all purposes
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to have been given upon physical delivery thereof, or upon its deposit in the custody of
said postal service.
1.21.3 A committee consisting of three (3) City and three (3) Organization representatives will
be formed to review practice of discipline by January 1, 2007.
ARTICLE 1.22
RETIREE MEDICAL
Eligibility for and contributions toward retiree medical insurance shall be as set forth In
Bakersfield City Council Resolution No. 227-88. (See Exhibit II)
Any employee eligible to receive retiree medical insurance coverage who is eligible for Medicare
coverage, whether through the City of Bakersfield, other employers, spouse coverage or for any
other reason, shall be required to obtain and utilize such coverage as a condition for receiving
coverage under the City's plan.
Employees hired after April 1, 1996 will be eligible for retiree medical under the following
conditions:
a) Participation in the City retiree medical insurance plan will be offered to those employees
who retire following twenty (20) years of permanent service or retire due to disability.
Such retirees will receive a premium subsidy based upon 3% per year of service up to a
maximum of 30 years (90%), of the lower of the HMO or Fee-For-Service single rate. In
no case shall a retiree' in this class receive more than 90% of their applicable rate structure
(i.e. single without Medicare rate, single with Medicare rate, etc.) in subsidies from the
City.
b) Any employee eligible to receive retiree medical insurance coverage who is eligible for
Medicare coverage (Part A) whether through the City of Bakersfield, other employers,
spouse coverage, or for any other reason, shall be required to obtain and utilize such
coverage as a condition for receiving coverage under the City's retiree medical plan.
c) Employees hired after April 1, 1996, shall not be eligible to receive the 42% Fee-For-
Service plan subsidy.
d) The ICMA Vantage Care Retiree Health Savings Account program (RHSA) will be
implemented for all unit employees.
The RHSA will provide for deposit of termination payouts into the employees account
and additional voluntary employee contributions. A prospective leave contribution in the
form of designated holiday pay contributions will be included. These and other
provisions will be as set forth in the agreement between the City and ICMA.
The City assumes no liability for adverse tax rulings by the IRS relative to this program.
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Employees hired after May 5, 2006 will not participate in either of the retiree health
subsidy programs set forth in this section. In lieu, the City will match up to one (1 %)
percent annual salary of the employee's annual non-mandatory contributions to their
Retirement Health Savings Account commencing the beginning of their sixth (6th) year of
employment.
ARTICLE 1.23
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 complaint is based, or its complaint will be considered closed and not
subject to any other appeal.
ARTICLE 1.24
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/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.
2. Each applicant for light duty status must be evaluated on a case by case basis.
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3. Individuals are not assigned to light duty if there is a chance that doing so might result in
liability against the City.
4. 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 1.25
SMOKING REGULATIONS
1.25.1 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.
1.25.2 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 1.26
RESIDENCY REQUIREMENT
The residency requirement shall be one (1) hour normal driving time from City limits. Normal
driving time shall be defined as driving at the posted speed limit, absent any accidents, traffic
jams, etc.
ARTICLE 1.27
HEPATITIS-B INOCULATIONS
The City shall make available to all Unit employees, Hepatitis-B inoculations. Employees shall
receive the inoculations on a voluntary basis.
ARTICLE 1.28
DRUG TESTING
The Organization and City have agreed on a substance abuse policy. Copy is attached as
Exhibit L
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A committee consisting of three (3) City and three (3) Organization representatives will be
formed to review drug testing policy by January 1, 2007.
ARTICLE 1.29
THIS ARTICLE LEFT INTENTIONALLY BLANK
ARTICLE 1.30
BREATHING APPARATUS
The City shall provide individual breathing apparatus masks for each unit employee engaged in
fire suppression activities.
ARTICLE 1.31
TELESTAFF
The Department has adopted Policy 105, implementing the TeleStaff System.
ARTICLE 1.32
INTENTIONALLY LEFT BLANK
ARTICLE 1.33
MINIMUM EDUCATION REQUIREMENTS
The parties have agreed to establish minimum educational requirements as follows:
Fire Engineer:
3 years
o 3 years as a Firefighter with Bakersfield Fire Department
o Firefighter II
o Driver/Operator Certification
Fire Captain:
o 1 year as an Engineer with Bakersfield Fire Department
o Fire Officer Certification
o Captain's Certification
Fire Technology Certificate
OR
o 30 semester units towards A.A.!A.S. Degree or higher degree
Fire Battalion Chief:
o
o
o
o
1 year as a Captain with Bakersfield Fire Department
Fire Officer Certification
Chief Officer Certification
A.A.! A.s. Degree or higher degree
OR
60 semester units towards any degree
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All minimum requirements must be met prior to or on the filing date for any promotional
examination.
ARTICLE 1.34
PAYROLL
1.34.1 Direct deposit shall be mandatory for all employees.
1.34.2 All payroll changes shall take place at the nearest pay period.
ARTICLE 1.35
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 1.36
UNION SECURITY
Each employee in the Fire Unit shall, either 1.) become a member of the Organization to the
extent of tendering the periodic dues uniformly required for membership, or 2.) pay to the
Organization a periodic representational fee. Such representational fee shall be in the amount
uniformly established by the Organization's Board of Directors, but in no event shall such
representational fee exceed 95% of the amount that an Organization member would pay in dues
for the same period.
The Organization shall indemnify the employer and hold it harmless against any and all suits,
claims, demands or other liabilities, including the employer's reasonable attorney fees, that may
arise out of or by reason of any action taken by the employer for purposes of complying with this
Article.
This Article was implemented in accordance with Government Code Section 3502.5 and
following a secret ballot election of the bargaining unit employees which was held in June, 1989.
The Organization agrees to adhere to all statutory and judicial requirements relating to Agency
shop. Specifically:
Service Fee
A. Organization agrees to keep an adequate itemized record of its financial transactions and
shall make available annually to the City within sixty (60) days after the end of its fiscal
year, a written financial statement in the form of a balance sheet and an operating
statement certified as to accuracy by BFLO Board and a Certified Public Accountant.
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B. Organization further agrees to hold such disputed fees in their entirety in an Escrow
account to be maintained at a specified bank, pending resolution of the dispute pursuant
to the Service Fee Complaint procedure.
Service Fee Complaint Procedure
A. 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:
a. That a portion of the Service Fee deduction is being utilized for non-
representational activities.
b. 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 organization.
1. In the event that it is determined pursuant to this procedure that
such non-member is a member of a religion or body pursuant to
this Section, he/she may designate a charitable fund exempt from
taxation under Section 501, Paragraph C, Subsection 3 of the
Internal Revenue Code chosen from the following:
Any United Way Charity
2. City agrees to deduct and to remit fees so designated in behalf of
one of the above charitable organizations to said organization.
B. Any non-member who objects to the deduction of the Service Fee by the Organization
shall file a complaint with the Bakersfield Fireman's Labor Organization (BFLO). 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/her written complaint to the Organization within forty-five (45) calendar days
after the fee is initially deducted.
2. Upon receipt of the written complaint the Organization shall place the entire
Service Fee deduction into Escrow pending resolution of the dispute and shall
request a list of arbitrators from the State Conciliation Service or the American
Arbitration Service.
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C. Informal Mediation. Notwithstanding Step B, Subsection 2, above; either the
Organization or the complainant may request the services of a State Conciliation Service
Mediator in a preliminary effort to resolve the dispute prior to arbitration. The Mediator
shall be utilized in an advisory capacity only. Following such non-binding informal
advisory mediation, if either complainant or Organization is dissatisfied either party may
request arbitration.
D. Selection of Arbitrator. The Arbitrator shall be selected by mutual agreement between
the Organization and the complainant.
1. Date for Complaint Hearing. The Organization shall contact the selected
Arbitrator within ten (10) calendar days from the date of the completion of the
Mediation Process, or in the event that Mediation is not utilized, within ten (10)
working days of receipt of the complaint. Upon confirmation by the Arbitrator,
the Organization will forthwith contact the complainant by Certified Mail
indicating the date, time and place of the complaint hearing.
E. Payment of Costs. In the event that the Organization prevails in said arbitration, the cost
of arbitration shall be shared equally between the Organization and complainant. Should
complainant prevail, the Organization shall pay the entire cost of the Arbitration.
F. Effect of Arbitrator's Decision. The decision of the Arbitrator shall be final and binding.
Upon receipt of the Arbitrator's decision, fees being held in Escrow shall be disbursed by
the Organization in accordance with said decision. In the event that the Organization
prevails, the City shall continue to deduct the Service Fees and remit them to the
Organization as determined by the Arbitrator.
ARTICLE 1.37
OVERTIME PAY
Overtime Pay - Scheduling
1.37.1 Shift Rate. Employees of the Fire Department assigned to a 24-hour duty shift who
work authorized overtime shall be compensated at one and one-half (1-112) times the
hours of overtime worked. Authorized overtime shall be any time worked over the
regular work schedule.
The Fire Chief shall call back off-duty personnel to maintain a minimum staffing. Such
minimum staffing is as follows:
Shift
56
Battalion Chiefs
2
Captains
16
Engineers
20
Firefighters
18
This will be effective July 1,2006 upon approval by council of FY200612007 budget.
Shift
Battalion Chiefs
Captains
Engineers
Firefighters
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The City will staff eight (8) Battalion Chiefs and five (5) Administrative Captains.
Assignment of these individuals will be at the discretion of the Fire Chief.
Engine Companies will consist of 1 ( one) Captain, 1 (one) Engineer, 1 ( one)
Firefighter.
Tiller Truck Companies will consist of 1 (one) Captain, 2 (two) Engineers, 1 (one)
Firefighter. Non-tillered Truck Companies will be staffed with 1 (one) Captain, 1 (one)
Engineer, and 2 (two) Firefighters.
In service Squads will be staffed with 1 (one) Engineer.
1.37.2 Constant Staffing. Rank for Rank call back will be implemented when a position is
vacant less than 30 days. Effective fifteen (15) days following the ratification of this
agreement, longer vacancies of Captains and Battalion Chiefs due to illness or injury
only will be filled by personnel acting in a higher rank. Pursuant to Code Section
2.84.150 3(b) personnel acting will receive an additional five percent (5%) of base pay
while assigned.
No individual will be allowed to work more than Seventy-two (72) consecutive hours
under the constant staffing program.
ARTICLE 1.38
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 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 (1-1/2) in
cases of callback for shift work or other non-emergency work. Double time shall be paid for
callbacks for fires, fire watches, staffing reserve fire apparatus during fires, and other emergency
situations such as windstorms, earthquakes, rescue and flood except that the payment for all
office of emergency services mutual aid overtime shall be at the one and one-half (1-1/2) time
rate.
ARTICLE 1.39
MODIFICATIONS TO MINIMUM STAFFING SCHEDULE
At least sixty (60) days prior to the closing or opening of any existing or additional fire station,
and/or the transfer of any fire station to the City, 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. Any change in staffing will be reflected in
Article 1.3 7.1
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ARTICLE 1.40
MAINTAINING MINIMUM STAFFING
Every effort will be made to maintain the assigned personnel complement of the respective fire
companies. In order to maintain this staffing level, a certain amount of inconvenience may be
experienced by the relieving personnel. Depending on who is excused from the company, a
person will always be designated as being in charge.
If the staffing level is affected because of a detail in the first-in area, sending the entire company
to the assignment will be considered. If the detail involves removing a person or personnel from
the companies who will be out of the first-in response area, options such as furnishing relief for
the employee on the particular detail, or possibly in extreme circumstances calling a piece of
equipment out of service, will be considered.
Regardless of the assignment or the people involved, every effort will be made to maintain the
assigned personnel levels.
ARTICLE 1.41
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 interest served by
disclosure of the record.
3. Records pertaining to litigation 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.
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ARTICLE 1.42
HIGHER JOB CLASSIFICA nON AND LONGEVITY PAY
A. 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. Effective immediately,
employees assigned to the training function shall have the right to either, 1) return to their
prior assignment, or 2) to bid positions while assigned to training to which they would
move to upon completion of the training assignment.
B. Longevity Pay
1. All employees covered by this Agreement hired prior to April 10, 1989, 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 and/or Bachelor of Arts
degree. No employee shall be permitted to pyramid the fifteen (15) years seniority
and the AA and/or BA degree incentive pay. However, the payment of this
longevity pay shall in no way eliminate any other pay the employee is entitled.
2. Employees hired after April 10, 1989, shall not be eligible to receive longevity
pay.
ARTICLE 1.43
LEAVES 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. 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/her control.
3. 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.
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4. 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.
ARTICLE 1.44
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 Organization shall implement such
steps that are necessary to bring about such improvements.
ARTICLE 1.45
MAINTENANCE OF BENEFITS
Except as specifically provided herein, the Organization hereby expressly waives any right to
request any improvements or changes in the wages, hours or other terms and conditions of
employment in for the employee-members represented by the Organization which would take
effect prior to January 1, 2006, 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 1.46
VALIDITY OF MEMORANDUM
1.46.1 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 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
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employee represented by the Organization under the terms of this Memorandum of
Understanding.
1.46.2 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 1.47
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 1.48
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/her
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
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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 1.49
EAP PROGRAM
The Organization will work with the department to resolve concerns regarding the confidentiality
of the EAP Program.
ARTICLE 1.50
EARLY RELEASES
Unit employees may, subject to approval of the on-duty Captain, arrange for early release up to
two (2) hours prior to the scheduled end of their w~rk shift. Release shall be contingent upon the
employee's replacement arriving to assume duty responsibility and completion of paperwork
documenting the early release. Prior department approval is not required for early release.
Compensation for early release is the responsibility of the involved employees, pursuant to
procedures utilized for shift trades.
ARTICLE 1.51
INTENTIONALLY LEFT BLANK
ARTICLE 1.52
STRIKE TEAM RESPONSESIPERSONNEL ASSIGNED
1.52.1
Once annually, the Department will designate the stations/equipment to be utilized
for strike team responses.
1.52.2
On duty personnel assigned to the selected apparatus shall be the first selected.
ARTICLE 1.53
HAZARDOUS MATERIALS
The City and Union have agreed that, effective with the full implementation of constant staffing,
only individuals possessing the requisite hazardous materials certifications or other qualifications
as determined by the Fire Chief, shall be allowed to bid to work the hazardous materials stations.
ARTICLE 1.54
RETIREMENT
1.54.1 The City maintains in place for represented employees, the 3% at 50 retirement
program with the following options:
1. One Year Final Contribution.
2. Post Retirement Survivor Allowance.
3. 1959 Survivor Benefits - 4th level.
23
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4. Military Service Credit as Prior Service.
1.54.2 Should the legislature make changes in retirement law, changing potential benefits for
safety employees, the Association shall have the right to reopen negotiations on the
subject of retirement changes only. The City assumes no obligation for additional
costs under this section.
1.54.3 Employer paid member contribution to PERS to be considered specialty pay and thus
eligible to be used in retirement calculations.
ARTICLE 1.55
THIS ARTICLE LEFT INTENTIONALLY BLANK
ARTICLE 1.56
THIS ARTICLE LEFT INTENTIONALLY BLANK
ARTICLE 1.57
TERM OF AGREEMENT
This Agreement shall be effective as of January 1,2006 and shall remain in full force and effect
until March 31, 2008, or until a new Agreement has been executed. Proposals for the contract
period beginning April 1, 2008, shall be submitted by December 1, 2007, and negotiations shall
commence on or before January 1, 2008, 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.
ARTICLE 1.58
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."
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