HomeMy WebLinkAbout07-17-2018 Item 1 - Comprehensive Settlement Firefighters Local 3523
Meeting Date: 7/17/2018
FROM: Monica Irons, Director of Human Resources
Prepared By: Nickole Sutter, Human Resources Analyst II
SUBJECT: APPROVE COMPREHENSIVE SETTLEMENT AGREEMENT WITH THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523
RECOMMENDATION
Approve a comprehensive settlement agreement with the International Association of
Firefighters, Local 3523 (Fire Union) that includes:
a. Dismissal of a pending grievance with prejudice.
b. A court approved Settlement of Eric Baskin, et al. v. City of San Luis Obispo, United
Stated District Court, Central District of California, Case No. 2:16-cv-08876-DSF-JPR
(Attachment A).
c. Resolution of a dispute as to the exempt status of Fire Battalion Chiefs under the
overtime provisions of the Federal Labor Standards Act.
d. Adopting a resolution ratifying the Memorandum of Agreement (MOA) between the City
of San Luis Obispo and the Fire Union (Attachments B & C) with a three-year term
(January 1, 2018 through December 31, 2020).
REPORT-IN-BRIEF
The Fire Union represents 47 fire employees; 42 sworn personnel from the rank of Firefighter to
Fire Battalion Chief and five non-sworn personnel including Fire Inspectors, Fire Vehicle
Mechanic, and Hazardous Materials Coordinator. Labor relations with this group have been
strained for some time as evidenced by an outstanding grievance over increased staffing levels,
the filing of a federal lawsuit alleging FLSA violations only a few months after the City
committed to do an internal review of FLSA compliance in light of a recent court decision
(Flores v. City of San Gabriel), a dispute as to whether Fire Battalion Chiefs are eligible for
overtime, and protracted labor negotiations.
A comprehensive settlement agreement is before Council that would settle four outstanding
issues with the Fire Union as follows:
1. Dismissal with prejudice of a grievance regarding Council’s approval of three additional
Firefighters in the 2016-17 Budget Supplement and the intended implementation of a
Leave Pool Staffing Program. The dismissal of this grievance avoids further unnecessary
costs associated with hearing the grievance and allows the City to move forward with full
implementation of this program aimed at improving service to the community by
providing one additional firefighter per shift available to fill vacancies that routinely
occur due to vacation, sickness, injury, out of county assignments, or turnover.
2. Settlement of a Federal lawsuit alleging violations of the Federal Labor Standards Act
(FLSA), that avoids further escalation of attorney’s fees for the City and potential
liability on the City’s part for escalating plaintiffs’ attorney fees and provides a full
release of claims from the plaintiffs.
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3. Agreement by the parties that the Fire Battalion Chiefs are not eligible for overtime under
the FLSA, thus avoiding potentially substantial costs, and providing adequate supervision
and management of emergency response personnel.
4. A three-year successor MOA between the City and the Fire Union that meets financial
objectives outlined in the City’s Fiscal Health Response Plan (FHRP) by limiting
increases to ongoing total compensation costs to approximately 3% over three years, far
less than anticipated inflation of 2.9% per year (based on three-year historical average),
while increasing employee contributions to retirement costs, and continuing health
insurance cost-sharing between the City and employees.
The FLSA litigation portion of this comprehensive settlement was approved, as is required, by
the Court on June 15, 2018; however, the entire settlement is subject to Council approval.
DISCUSSION
Background
Outstanding Grievance
Shortly following Council adoption of the 2016-17 Budget Supplement, the Fire Union on behalf
of all members filed a grievance alleging the City violated various articles of the MOA and
Resolution 6620 (the City’s Employer-Employee Relations Resolution) when Council authorized
three additional Firefighter positions in the 2016-17 Budget Supplement without meeting and
conferring with the Fire Union in advance of this action. The additional staffing approved by
Council was anticipated to be cost neutral as the new hires would be deployed under a proposed
Leave Pool Staffing Program that would fill vacancies due to vacation, sickness, injury, or
turnover with a Relief Firefighter or “rover” per shift, instead of overtime worked by existing
personnel. Thus, the City’s overtime budget would be reduced and used instead to hire the
additional Firefighters. The City also anticipated that use of the additional firefighter resources
as proposed could have the added positive benefit of alleviating concerns that had been voiced
by existing staff regarding fatigue and work life imbalance associated with firefighters working
mandated overtime shifts.
It is the City’s position that management has the authority to determine staffing levels and is
obligated to meet and confer with the Fire Union over potential impacts to wages, hours, and
working conditions of the decision identified by the Fire Union. The City invited the Fire Union
to meet and confer over the impacts of the additional staffing and planned deployment of the
Leave Pool Staffing Program, the day before the grievance was filed on July 6, 2016. Meet and
confer in good faith is the City’s obligation to exchange information, concerns, and proposals,
and to endeavor to reach agreement on matters within the scope of bargaining (wages, hours, and
working conditions). The meet and confer process with the Fire Union was completed in
December 2016, but not before the Fire Union requested the grievance be reviewed by a Hearing
Officer assigned by State Mediation and Conciliation. The parties were unable to schedule the
grievance before a Hearing Officer and agreed to further consider the issue when successor
MOA negotiations began in August 2017.
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Meanwhile, after completing the meet and confer process, the City recruited, but was ultimately
unsuccessful in staffing the program; as such, the proposed Leave Pool Staffing Program has not
yet been implemented. The three additional Firefighter positions remain budgeted and a
recruitment is anticipated later this calendar year. Currently, vacancies are filled by paying
existing staff overtime.
Federal Lawsuit Filed
Negotiations that resulted in the January 1, 2016 through December 31, 2017 MOA between the
Fire Union and the City took approximately one year to reach agreement as the City and Fire
Union’s positions on “competitive compensation” were not aligned. Ultimately, that Agreement
was approved by Council on October 18, 2016. At the initiation of the City, the 2016-17 Fire
MOA included a commitment by the City to conduct a Federal Labor Standards Act (FLSA)
internal review of overtime calculation practices in response to a Ninth Circuit Court of Appeals
Decision, Flores v. City of San Gabriel, rendered in June 2016. The City also committed to
review the FLSA status of Fire Battalion Chiefs. Flores requires “cash in lieu” of health
insurance payments to be included in the regular rate of pay for FLSA overtime payment. The
City committed to doing this review for all non-exempt employees, starting with those
represented by the Fire Union to understand whether any employees had been underpaid under
the newly established legal standard and, if so, to inform discussions around resolution.
Despite that commitment, on December 1, 2016 the City learned that several City Firefighters
had filed a complaint against the City in Federal court, Eric Baskin, et al. v. City of San Luis
Obispo. The lawsuit alleged the City had violated provisions of the FLS A by failing to include
cash in lieu of City health insurance (and potentially even the total amounts contributed by the
City toward health insurance for employees) in the regular rate of pay for the purposes of
calculating overtime compensation. Once filed, a settlement of a FLSA lawsuit cannot be
completed solely by consent of the parties but requires the approval of the Court based on a
record that supports the reasonableness of the proposed settlement amount. The FLSA also
includes provisions that amount to strict liability for costs and attorney’s fees in the event it is
determined that there has been any miscalculation and underpayment of wages under the FLSA,
whether intentional or not. Because of the technical nature of FLSA calculation and litigation,
expert costs and attorney’s fees for both parties can escalate quickly and significantly, with the
disproportionate level of a potential attorney’s fees award drastically outstripping the amount of
any actual wage liability. That was certainly the case here, where both parties’ experts agreed
that the actual liability for wage underpayments was minimal, a cumulative total of
approximately $3,000 for all plaintiffs over a three-year period. However, the next phase of
litigation presented the likelihood of drastically escalating attorneys’ fees, which collectively
could have amounted to hundreds of thousands of dollars of cost and attorney’s fees exposure to
dispute what amounted to a relatively insignificant difference in positions on actual wage
liability. While the amount of attorney’s fees agreed upon as part of the global settlement,
$39,650, significantly exceeds the agreed upon wage settlement, the settlement agreement still
represents a substantial avoidance of legal costs, both for the City’s own legal costs and the
potential liability for the Fire Union’s legal fees.
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The City’s internal FLSA review concluded and, effective October 12, 2017, the City
incorporated cash-in-lieu of health insurance payments into the regular rate of pay for sworn fire
personnel on a go-forward basis. In doing so, the City implemented a “dual-calculation” of
overtime that offsets any FLSA overtime with the contractually required overtime payments. In
the event an employee is owed more under the FLSA overtime calculation than the contractual
overtime calculation, an adjustment is made. Since October 2017, only four adjustments, totaling
approximately $52, have been necessary, given it is rather unusual in this unit for FLSA
overtime to exceed contractual overtime.
Successor MOA Negotiations and Fire Battalion Chief Exemption
The MOA governing wages and benefits for the Fire Union expired on December 31, 2017. In
anticipation of expiration, the parties began negotiations in August 2017 with the goal of an
expedited agreement. While the parties were negotiating a successor MOA, the City was
developing the Fiscal Health Response Plan (FHRP) adopted by Council on April 17, 2018. The
FHRP outlines actions during the next three fiscal years (2018-19 through 2020-21) aimed at
closing an approximate $8.9 million budget gap due to a CalPERS discount rate reduction
increasing retirement cost to agencies. The FHRP anticipates employee concessions (anticipated
growth of employee wages and benefits at a rate less than inflation) equali ng $1.9M by fiscal
year 2020-21. The FHRP and Council’s updated Labor Relations Objectives (LRO) adopted on
March 20, 2018 guided negotiations with the Fire Union (Attachment D). The City’s primary
interests included achieving a longer-term agreement, increased employee contributions to
pension costs, maintaining competitive wages and benefits to support recruitment and retention
objectives, and avoiding overtime cost increases due to changes in the FLSA. The Fire Union’s
primary interests were competitive wages and benefits, with the City and the Union again in
disagreement over how to define competitive: The City put more weight on the City’s fiscal
health and ability to recruit and retain firefighters and the Union put more weight on market data.
In addition, the issue of whether Fire Battalion Chiefs should be eligible for overtime payments
was included in the negotiations. The City presented an analysis of why it considers the
positions primarily management and, therefore, exempt from the FLSA overtime provisions. The
Fire Union asserted that Fire Battalion Chiefs are primarily used as first responders, frequently
rendering first aid and preventing or controlling fires.
Parallel Tracks Lead to Comprehensive Settlement Agreement
After eight meetings over four months it was apparent successor MOA negotiations were stalled
as the parties were far apart in their economic objectives. Meanwhile, court deadlines on the
FLSA lawsuit were approaching that would require significant additional investment in City
resources to defend the City’s position, and would escalate the Fire Union’s attorney’s fees, and
the City’s exposure, in a manner that would have been outside the City’s control. To avoid the
potential uncertainty, expense, and delay of litigation, the parties engaged in extensive settlement
negotiations including participating in two full-days of private mediation on March 1 and 2,
2018. The parties reconvened on March 7 and 9, 2018 and reached a comprehensive tentative
agreement, with the FLSA lawsuit portion of the agreement being subject to court approval,
which was granted on June 15, 2018.
The key to reaching a comprehensive settlement for the City was achieving a three-year
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successor MOA term, thus avoiding protracted negotiations in another six to twelve months,
achieving increased employee contributions to retirement costs, and avoiding additional legal
fees related to the FLSA litigation, grievance, and Battalion Chief FLSA status issue. Key to
reaching agreement for the Fire Union was resolution of the FLSA lawsuit including some
“value” to all members of the Fire Union, instead of only the plaintiffs to the lawsuit,
maintenance of cost-sharing on health insurance, increasing annual vacation accrual for sworn
personnel to be closer to the median of comparison agencies, and modest Cost of Living
Adjustments (COLAs) in each fiscal year.
Key Components of the Comprehensive Settlement Agreement
Settlement of the Staffing Grievance
1. The Fire Union agreed to dismiss the staffing grievance with prejudice, avoiding further
unnecessary cost associated with hearing the grievance and allowing the City to move
forward with full implementation of this program aimed at improving service to the
community by hiring three additional firefighters, or one additional firefighter per shift
available to fill vacancies that routinely occur due to vacation, sickness, injury, or
turnover.
Settlement of the FLSA Litigation
Settlement of the FLSA litigation included the following key components approved by the Court
on June 15, 2018:
1. Payment to Plaintiffs. The total sum of $2,609 is allocated to twenty-five plaintiffs.
2. Attorney Fees and Costs. City will pay plaintiffs’ counsel $39,650.
3. Payment of Expert Fees. City will reimburse Local 3523 in the amount of $12,799.23
for expert costs the Fire Union incurred to confirm City’s calculation of FLSA overtime
liability, including cash-in-lieu payments.
4. Release of Claims. Each named plaintiff agrees to release all claims for FLSA backpay
related to cash-in-lieu up through date of settlement.
Successor MOA and Settlement of Fire Battalion Chief Exemption
The following is a summary of the key changes included in the successor Fire MOA:
1. Term of the Agreement. January 1, 2018 to December 31, 2020
2. Cost of Living Adjustments. The COLAs are partially offset by PERS retirement cost-
sharing and are in line with the FHRP and Council’s LROs.
• 1% COLA March 2018
• 2% COLA July 2019; Employee contribution to CalPERS increased by 1.5%.
• 2% COLA July 2020; Employee contribution to CalPERS increased by an
additional 1.5%.
3. CalPERS Retirement Cost-Sharing. By the third year of the contract, all Fire personnel
will be paying three percent (3%) more toward their retirement. Currently, Tier 1 and 2
sworn Fire personnel pay nine percent (9%) and Tier 3 sworn personnel pay 12.75% of
their salary and special compensation to retirement. By July 2020, the contribution rates
will be increasing to 12% and 15.75% as shown in the table below. The ongoing increase
of the employee contribution to retirement is in line with the City’s FHRP and Council’s
LROs.
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4. Health Insurance Cost-Sharing. During the duration of the contract, maintain the
current cost-sharing arrangement that increases the City contribution by 50% of the
average percent increase in CalPERS medical premiums (For example, if the average
increase in CalPERS medical premiums increases ten percent, the City contribution
would increase five percent, while employees absorb the remainder of the increased cost).
This balanced cost sharing model meets Council’s LROs.
5. Lump Sum Payments. The following lump sum, taxable payments are part of the
comprehensive settlement with the Fire Union to support significant one-time legal cost
avoidance and to represent a finite incentive to retain experienced employees, while not
increasing ongoing compensation. The payments will be made to all members employed
by the City on the first full pay period of the months listed below.
• August 2018 $2,000
• December 2019 $1,300
• December 2020 $1,300
6. Vacation Leave Accrual. Increase the vacation leave accrual for shift employees to get
closer to the median accrual levels of the City’s comparison agencies with an earning
potential of accruing up to eleven days of vacation after working for the City of SLO for
more than 20 years.
The Fire Union also agreed that Fire Battalion Chiefs will continue to be considered exempt
from the overtime provisions of the FLSA. The City maintains the Fire Battalion Chiefs’ primary
duties are managerial in nature, as they are primarily responsible for developing, communicating
with, and supervising emergency response crews, during and between emergency incidents. During
emergency response, Battalion Chiefs direct crews under a well-articulated plan, and they act as the
primary liaison between the public and Department leadership.
Benefits of the Proposed Comprehensive Settlement Agreement
1. Settles four outstanding issues and achieves FHRP objective of increased employee
retirement cost-sharing, while reducing anticipated growth of employee compensation.
2. Avoids further costly litigation and defense costs on FLSA lawsuit, grievance, and
potential filing over Battalion Chief FLSA status issue.
3. Confirms the dual calculation of overtime methodology that limits overtime liability by
using contract overtime to offset strict FLSA overtime liability.
4. A three-year term for the successor MOA avoids additional protracted and costly
negotiations during the FHRP term.
5. Modest cost of living increases, partially offset by increased employee contributions to
retirement costs, helps maintain competitive salaries while keeping the overall increase in
total compensation under anticipated inflation rates.
6. One-time payments at intervals throughout the labor agreement, support significant one-
Employee Contribution Levels to PERS Retirement
(Percent of Salary)
Safety PERS Tier July 2018 July 2019 July 2020
Tier 1 (3% @ 50) 9% 10.5% 12%
Tier 2 (3% @ 55) 9% 10.5% 12%
Tier 3 (2.7% @ 57) 12.75% 14.25% 15.75%
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time legal cost avoidance, conclude the misdirection of scarce staff resources on multiple
disputes, and represents a finite incentive to retain experienced employees, while not
increasing ongoing compensation on which long-term retirement obligations are based.
7. Provides certainty and stability of the global settlement in advancing the goals of the
FHRP and permitting focus to be directed to long term fiscal sustainability.
ENVIRONMENTAL REVIEW
The California Environmental Quality Act does not apply to the recommended action in this
report, because the action does not constitute a “Project” under CEQA Guidelines sec. 15278.
FISCAL IMPACT
The one-time cost totals approximately $296,000 during the three-year term. One-time costs
identified thru fiscal year 2018-2019 have been appropriated by Council as part of the 2018-19
Supplemental Budget and one-time costs expensed in future years, will be included as part of the
2019-21 Financial Plan. The cumulative ongoing cost after all items are implemented is
approximately $469,980. The ongoing costs are modeled in the ten-year forecast, are sustainable
under the FHRP, and are consistent with Council adopted LROs.
ALTERNATIVE
Council may choose to reject the Comprehensive Settlement Agreement. This alternative is not
recommended, given it is consistent with prior Council direction and the basis for good faith
negotiations.
Attachments:
a - Court Approved Baskin v. SLO Settlement Agreement
b - Fire Resolution 2018
c - Exhibit A to Attachment B (Legislative Draft)
d - Labor Relations Objectives
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RESOLUTION NO. (2018 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, ADOPTING AND RATIFYING THE
MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS
OBISPO AND THE SAN LUIS OBISPO FIREFIGHTERS LOCAL 3523
FOR THE PERIOD OF JANUARY 1, 2018 THROUGH DECEMBER 31,
2020
WHEREAS, the International Association of Firefighters Local 3523 (Fire Union) is
committed to providing high quality service to the community and recognize the City’s
commitment to fiscal responsibility in alignment with the City’s Fiscal Health Response Plan;
and
WHEREAS, the Fire Union has agreed to a shared approach including modest salary
increases in exchange for employees paying more towards retirement costs; and,
WHEREAS, one-time funds are available in part due to out of county revenues generated
by Fire Union employees working to preserve the safety of local communities under threat of
fire, flood, or other natural disaster; and,
WHEREAS, the City Council is committed to providing competitive compensation to
recruit and retain well qualified employees, as provided in the City’s adopted Compensation
Philosophy while also considering the long-term fiscal sustainability of changes in compensation.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo
as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the Fire Union for the period of January 1, 2018 through December 31, 2020, attached hereto as
Exhibit “A” and incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Director of Finance shall adjust the appropriate accounts to reflect the
compensation changes as set forth in the Exhibit A.
SECTION 3. The City Manager and Human Resources Director are authorized to take any
and all necessary actions to implement this resolution.
SECTION 4. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Jimmy Witt, International Association of
Firefighters, Local 3523, and Monica Irons, Director of Human Resources.
SECTION 5. This Resolution becomes effective immediately upon approval.
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Upon motion of ______________________, seconded by ________________________,
and on the following roll call vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this 17th day of July, 2018.
___________________________________
Mayor Heidi Harmon
ATTEST:
__________________________________
Teresa Purrington
City Clerk
APPROVED AS TO FORM:
__________________________________
J. Christine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this ______ day of ______________, _________.
______________________________
Teresa Purrington
City Clerk
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Exhibit “A”
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Exhibit “A”
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Table of Contents
ARTICLE 1 - PARTIES TO AGREEMENT ...................................................................... 1
ARTICLE 2 - RECOGNITION .......................................................................................... 2
ARTICLE 3 - DUES DEDUCTION ................................................................................... 3
ARTICLE 4 - EMPLOYEE RIGHTS ................................................................................. 4
ARTICLE 5 - MANAGEMENT RIGHTS ........................................................................... 5
ARTICLE 6 - REPRESENTATIVE ROLE ........................................................................ 6
ARTICLE 7 - COMMUNICATION PROCESS ................................................................. 8
ARTICLE 8 - PROMOTIONAL OPPORTUNITIES .......................................................... 9
ARTICLE 9 - UTILIZATION OF CITY FACILITIES ........................................................ 10
ARTICLE 10 - GRIEVANCE PROCEDURE .................................................................. 11
ARTICLE 11 - SALARY ................................................................................................. 14
ARTICLE 12 - PARAMEDIC INCENTIVE PAY ............................................................. 17
ARTICLE 13 - STATION ONE CAPTAIN INCENTIVE PAY .......................................... 18
ARTICLE 14 - BILINGUAL PAY .................................................................................... 19
ARTICLE 15 - HAZARDOUS MATERIALS INCENTIVE PAY ....................................... 20
ARTICLE 16 - ABOVE GRADE SKILLS INCENTIVE .................................................... 21
ARTICLE 17 - URBAN SEARCH AND RESCUE INCENTIVE ...................................... 23
ARTICLE 18 - OVERTIME ............................................................................................ 24
ARTICLE 19 - EMERGENCY CALL BACK ................................................................... 28
ARTICLE 20 - WORK OUT OF GRADE ........................................................................ 29
ARTICLE 21 - STANDBY .............................................................................................. 30
ARTICLE 22 - EDUCATIONAL INCENTIVE ................................................................. 31
ARTICLE 23 - UNIFORM ALLOWANCE ....................................................................... 33
ARTICLE 24 - FIRE VEHICLE MECHANIC TOOL ALLOWANCE ................................ 35
ARTICLE 25 - INSURANCE .......................................................................................... 36
ARTICLE 26 - VACATION LEAVE ................................................................................ 40
ARTICLE 27 - LEAVE OF ABSENCE ........................................................................... 45
ARTICLE 28 - HOLIDAYS ............................................................................................. 46
ARTICLE 29 - BEREAVEMENT LEAVE ....................................................................... 48
ARTICLE 30 - SICK LEAVE .......................................................................................... 49
ARTICLE 31 - FAMILY LEAVE ..................................................................................... 51
ARTICLE 32 - WORKERS' COMPENSATION LEAVE ................................................. 53
ARTICLE 33 - MODIFIED WORK ASSIGNMENT ......................................................... 54
ARTICLE 34 - SAFETY ................................................................................................. 56
ARTICLE 35 - RETIREMENT ........................................................................................ 57
ARTICLE 36 - HOURS .................................................................................................. 61
ARTICLE 37 - HEALTH/FITNESS ................................................................................. 63
ARTICLE 38 - SALARY SURVEY CITIES ..................................................................... 64
ARTICLE 39 - LAYOFFS ............................................................................................... 65
ARTICLE 40 - WORK ACTIONS ................................................................................... 71
ARTICLE 41 - FIREFIGHTER RECRUITMENT ............................................................ 72
ARTICLE 42 - PROBATIONARY PERIOD .................................................................... 73
ARTICLE 43 - RESIDENCY REQUIREMENT ............................................................... 74
ARTICLE 44 - STAFFING ............................................................................................. 75
ARTICLE 45 - SENIORITY BIDDING FOR STATION ASSIGNMENT .......................... 76
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Exhibit “A”
iii
ARTICLE 46 - DISCIPLINARY PROCEDURE .............................................................. 82
ARTICLE 47 - FULL AGREEMENT............................................................................... 88
ARTICLE 48 - SAVINGS CLAUSE ................................................................................ 89
ARTICLE 49 - RENEGOTIATIONS ............................................................................... 90
ARTICLE 50 - AUTHORIZED AGENTS ........................................................................ 91
ARTICLE 51 - TERM OF AGREEMENT ....................................................................... 92
APPENDIX A - CLASSIFICATION ................................................................................ 93
APPENDIX B - WORK SCHEDULE ILLUSTRATION ................................................... 94
APPENDIX C - SALARY RANGES ............................................................................... 99
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Exhibit “A”
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ARTICLE 1 - PARTIES TO AGREEMENT
This Agreement is made and entered into this October 18July 17, 20186 by and between
the City of San Luis Obispo, hereinafter referred to as the City, and the International
Association of Firefighters, Local 3523, hereinafter referred to as Union or Local 3523.
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Exhibit “A”
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ARTICLE 2 - RECOGNITION
Pursuant to Government Code Section 3500 et seq. and City Resolution No. 6620 (1989
Series), the City hereby recognizes the International Association of Firefighters, Local
3523, as the bargaining representative for purposes of representing regular and
probationary employees, occupying the position classifications set forth in Appendix A, in
the Fire Unit with respect to their compensation, hours and other terms and conditions of
employment for the duration of this Agreement.
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Exhibit “A”
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ARTICLE 3 - DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the Union on a
monthly basis for the duration of this Agreement, which dues shall not include
assessments.
Monthly dues deduction additions and/or deletions shall be recorded by the City's Finance
Director or designee and a notification of all dues transactions shall be sent monthly to
the Union Treasurer.
The Union shall hold the City harmless from any and all claims and will indemnify it against
such claims and any unusual costs.
The Union shall refund to the City any amount paid to the Union in error, upon
presentation of supporting evidence.
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Exhibit “A”
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ARTICLE 4 - EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all
matters of employer-employee relations including but not limited to, wages, hours and
other terms and conditions of employment. Employees of the City also shall have the
right to refuse to join or participate in the activities of employee organizations and shall
have the right to represent themselves individually in their employm ent relations with the
City. No employee shall be interfered with, intimidated, restrained, coerced or
discriminated against because of the exercise of these rights.
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Exhibit “A”
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ARTICLE 5 - MANAGEMENT RIGHTS
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion;
direct its employees; take disciplinary action; relieve its employees from duty because of
lack of work or for other legitimate reasons; maintain the efficiency of governmental
operations; determine the methods, means and personnel by which government
operations are to be conducted; determine the conte nt of job classifications; take all
necessary actions to carry out its mission in emergencies; and exercise complete control
and discretion over its organization and the technology for performing its work.
This provision is not intended to, and does not restrict, the rights conferred upon the Union
by Government Code Section 3500, et seq.
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Exhibit “A”
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ARTICLE 6 - REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method, select
not more than three five (5) employee members of such organization and one employee
observer to meet and confer with the Municipal Employee Relations Officer and other
management officials (after written certification of such selection is provided by an
authorized official of the organization) on subjects within the scope of representation
during regular duty or work hours without loss of compensation or other benefits. The
employee organization shall, whenever practicable, submit the name(s) of each employee
representative to the Municipal Employee Relations Officer at least two working days in
advance of such meeting.
Provided further that no employee representative shall leave his or her duty or work
station or assignment without specific approval of the department head or other
authorized City management official. If employee representatives cannot be released for
good reason, the date of meeting will be rescheduled to a mutually acceptable day.
Union Time Bank
1. Union time bank hours are intended for use by eligible Local 3523 E xecutive
Board members to conduct official union business.
2. Union members will donate a total of 440 hours per year (inclusive of
carryover time) of vacation time, holiday time, and compensatory time off
(CTO) to a union time bank.
3. The maximum number of hours donated by a union member to the time
bank shall not exceed 12 hours per year.
4. Any hours remaining in the time bank on June 30th of each year shall be
carried over to the next year. If no hours were used in the previous year
and the maximum hours remain in the time bank, no additional donations
by members shall be authorized in the upcoming year.
5. During the first full pay period in July each calendar year, Local 3523
President along with the Executive Board and the Accounting
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Exhibit “A”
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SupervisorSenior Accountant or designee shall determine the number of
hours remaining in the Union time bank. That number shall be subtracted
from the maximum number of time bank hours of 440 hours. The difference
between the actual number of hours and the 440 hours maxi mum will be
divided by the number of Local 3523 represented employees. Each 56 -
hour per week employee shall contribute an equal number of leave hours
and each 40-hour per week employee will donate 70% of the amount
donated by 56-hour per week employees to be debited by the City to
maintain 440 hours in the time bank.
6. Donation of hours shall be non-revocable and not returned to the members.
7. Requests for time off that would use time from the bank must be authorized
by the Executive Board and is subject to final approval per department
policies and procedures. Approval for suppression personnel must be
authorized in advance by a Battalion Chief and approval for non-
suppression personnel must be authorized in advance by the Fire Marshal
or designate.
8. Vacancies created by approved requests that affect constant staffing, may
be filled through mandated overtime.
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ARTICLE 7 - COMMUNICATION PROCESS
Pursuant to City Resolution 6619 (1989 Series) the City agrees with the Union to improve
communications and provide for the following:
A. Monthly Conferences
There will be a monthly meeting between the department head and management
member(s) and a least two (2) union representatives to discuss problems or other
subjects of mutual interest. Minutes of the meeting will be maintained to reflect
topics discussed, actions to be taken, the party responsible for any action and the
expected completion date.
B. Quarterly Meetings
Two to four representatives of the Union, the City Manager (or designee),
department head (or designee), and management representative(s) designated by
the City will meet quarterly if there are issues of concern to the parties. No issues
will be brought to this quarterly meeting without first having been discussed with
the department head at a scheduled monthly meeting.
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ARTICLE 8 - PROMOTIONAL OPPORTUNITIES
Announcements for promotional opportunities for members of the Union will list testing
and scoring processes that will be followed. Once defined, testing and scoring processes
will not be modified.
There will be no banding on promotional exams and, if a candidate is by-passed during
the selection process, that person will be given a written reason by the Fire Chief as to
why s/he was by-passed. The City agrees to an opener to discuss the promotional
process if the Fire Chief goes below the top three (3) candidates in making his selection
on promotional exams two (2) or more times during the term of this contract.
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ARTICLE 9 - UTILIZATION OF CITY FACILITIES
A. Local 3523 shall be allowed to use Fire Department facilities for official Union
activities. The Union will notify the Chief or his/her representative of any upcoming
meetings. The Union will follow any sign -up procedures for room availability the
Department has in place. Scheduling of the facilities usage would be conducted
so as not to conflict or interfere with normal operation of departmental business.
In lieu of any conflicts in availability or a denial by the Chief, it will be presumed
that the Union will have the OK of the Chief to use the facility. Activities would
include but would not be limited to: General Membership meetings, Board of
Directors meetings, Negotiation Team meetings, and various special committee
meetings.
B. Facilities would include, but would not be limited to: conference room, training
room, and second floor common areas.
C. Local 3523 understands that e-mail sent over the City network is public record.
With this acknowledgement, the City gives the Union the right to use the computers
and the e-mail system. This right may be revoked at any time or for any reason.
This revocation must be done in writing and must be delivered in person to a San
Luis Obispo Firefighters’ Board member.
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ARTICLE 10 - GRIEVANCE PROCEDURE
A. A grievance is an alleged violation, misinterpretation or misapplication of the
Employer-Employee Resolution, the Personnel Rules and Regulations, any
memorandum of agreement with an employee association or any existing written
policy or procedure relating to wages, hours or other terms and conditions of
employment excluding disciplinary matters.
B. Any employee may file and process a grievance by providing the time, place and
circumstances of the action prompting the grievance. Employees may be
accompanied by a representative at each step of the process. If a specific action
to be grieved affects several employees, those employees may consolidate their
grievance and be represented.
C. Each Grievance shall be handled in the following manner:
1. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. If the matter can be resolved at that level to the satisfaction of the
employee, the grievance shall be considered terminated.
2. If still dissatisfied, the employee may immediately submit the grievance in
writing to the department head for consideration, stating the facts on which
it was based, including the provision of the rules, regulations or agreement
said to be violated, and the proposed remedy. This action must take place
within fifteen business days of the occurrence of the grievance. The
department head shall promptly consider the grievance and render a
decision in writing within fifteen business days of receiving the written
grievance. If the employee accepts the department head's decision, the
grievance shall be considered terminated.
D. If the employee is dissatisfied with the department head's decision, the employee
may immediately submit the grievance in writing to the human resourc es director
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within five business days of receiving the department head's decision. The Human
Resources Director shall confer with the employee and the department head and
any other interested parties and shall conduct such other investigations as may be
advisable.
E. The results or findings of such conferences and investigations shall be submitted
to the City Manager in writing within fifteen business days of receiving the
employee’s written request. The City Manager will meet with the employee if the
employee so desires before rendering a decision with respect to the complaint.
The City Manager’s decision shall be in writing and given to the employee within
fifteen business days of receiving the Human Resources Director's results and
findings. Such decision shall be final unless the employee desires a review of the
decision.
F. If the employee desires a review of the decision the procedure is as follows:
1. Hearing Officer (for employees represented by SLOPOA or IAFF, Local
3523)
a. The employee will have five business days following receipt of the
City Manager’s decision to submit a written request to the Human
Resources Director for review of the decision. The Human
Resources Director will obtain a list of five potential hearing officers
from the State Mediation and Conciliation Service. Then following a
random determination of which party (city or appellant) begins,
parties shall alternately strike one name from the list until only one
remains.
b. Within 30 business days, the hearing officer shall review the record
and conduct a hearing on the matter. Within ten business days the
hearing officer shall render a decision which shall be final.
c. Any dispute regarding the eligibility of an issue for the grievance
process may be appealed through the process ultimately to the
hearing officer who shall decide on the eligibility prior to ruling on the
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merits.
d. Any fees or expenses of the hearing officer shall be payable one-half
by the city and one-half by the Union. All other expenses shall be
borne by the party incurring the expense.
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ARTICLE 11 - SALARY
A. Rules Governing Step Increases
The rules governing step increases for employees covered by this MOA are included in
the current Salary Resolution with the following modification: The Fire Chief shall be
authorized to reevaluate employees who reach the top step in their pay range. An
employee who is not performing up to standard for the top step shall be notified in writing
that the department head intends to reduce him/her one step unless his/her job
performance improves significantly within a 60-day period. Unless the employee's job
performance improves to an acceptable level by the end of 60 days, the pay reduction
shall then become effective. The top step may be reinstated at any time upon
recommendation of the department head. If the Fire Chief deems it necessary to again
remove the top step during the same fiscal year, he/she may make the change at any
time with three business days written notice.
For the position of Firefighter, the salary range consists of six steps (1 through 6). Steps
2 through 5 equal 95% of the next highest step, computed to the nearest one dollar. Step
1 equals 90% of step 2.
Step 5 = 95% of Step 6
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 90% of Step 2
Each salary range for all other positions in the unit consists of five steps (1 through 5).
Steps 1 through 4 equal 95% of the next highest step, computed to the nearest one dolla r.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
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Step 1 = 95% of Step 2
Each across-the-board percent salary increase shall raise the top step of the range by
that percent. The highest step of each successive salary range shall be 2.63% above the
highest step of the next lower range. After all highest steps of salary ranges have been
established, each highest step shall be rounded off to the nearest dollar and the remaining
steps established in accordance with the above formula. Employees who are eligible for
advancement to the top two steps must receive at least a "competent" rating on their most
recent performance evaluation prior to or coincident with their being eligible for
advancement by time in grade. Competent is defined as "Performance meets standards
of a qualified employee."
Step progression for Firefighters will be subject to existing personnel standards, with the
timing for progression being one-year for each step.
B. Salary Provisions for Term of Agreement
Salary increases will be effective the first day of the first full pay period following in the
dates month listed below:
• Council Adoption of Agreement 2%
• January 1, 2017 2%
• March 2018 1%
• July 2019 2%
• July 2020 2%
Compensation Study Market Equity Adjustments will be effective the first day of the first
full pay period following the dates listed below:
• July 1, 2016 3%
• July 1, 2017 2%
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The salary ranges for the term of this agreement are listed in Appendix DC.
C. "Y" Rating
An employee who is not performing up to established job standards may be "Y" rated,
freezing her/his salary until such time as there is an improved job performance. The
department head shall give 60 days written notice to any employee s/he intends to "Y"
rate, giving the employee an opportunity to correct any deficiencies. A "Y" rating
procedure shall not result (then or later) in the employee being frozen below the next
lower step of the new range.
D. Payday
Payroll will be disbursed on a bi-weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject
to adjustment for cause beyond the City's control.
E. Lump Sum Payments
The following lump sum, taxable payments are part of a comprehensive settlement with
the Fire Union and will be made to all members employed by the City on the effective
date of the payments that are to be effective the first full pay period following the dates
listed below:
• Council Adoption of Agreement $2,000
• December 1, 2019 $1,300
• December 1, 2020 $1,300
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ARTICLE 12 - PARAMEDIC INCENTIVE PAY
The City shall pay a twelve percent (12%) pay incentive of the monthly top step Firefighter
base salary, prorated to a bi-weekly amount, to those Firefighters, Engineers, or Captains
assigned to EMT Paramedic duties by the Fire Chief. This pay incentive is effective the
first full pay period following paramedic certification and assignment.
Paramedics required to recertify shall be granted four (4) hours training time per month
for six (6) months prior to the recertification. Such hours shall be scheduled by the
Department during the normal working day.
The Paramedic incentive shall be considered the same as base pay when determining
the starting salary upon promotion to Captain.
Probationary Firefighters are not eligible to act as paramedics in the first six months of
their probationary period. After that point in their probationary peri od, they may be
allowed to do so, but only after a consultation with the Fire Chief or his/her designee, a
Union Officer, and the Paramedic Coordinator.
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ARTICLE 13 - STATION ONEI CAPTAIN INCENTIVE PAY
Fire Captains regularly assigned to Station OneI shall receive $57.69 bi-weekly pay
incentive, to compensate for the additional Station Onel workload. Mandatory
assignments to Station OneI for Captains shall not exceed two consecutive years.
Employees are eligible for this incentive the first full pay period following eligibility.
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ARTICLE 14 - BILINGUAL PAY
Employees, with the exception of Battalion Chiefs, certified as bilingual in Spanish
through the testing process shall receive a bilingual payment of $35 per pay period.
Additional languages may be approved by the City based upon demonstrated need.
Employees are eligible for this incentive the first full pay period following qualification.
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ARTICLE 15 - HAZARDOUS MATERIALS INCENTIVE PAY
Safety employees, with the exception of Battalion Chiefs, certified as Hazardous Materials
(Haz Mat) Specialists or Technicians and assigned to the Haz Mat Team by the Fire Chief
shall receive incentive pay equal to four percent (4%) of the top step Firefighter base
salary effective the first full pay period following assignment. The Department will support
a 6 person Haz Mat Team (2 per shift). Hazardous Materials Technicians will be expected
to certify as Hazardous Materials Specialists within 12 months of joining the team in order
to continue receiving the incentive pay.
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ARTICLE 16 - ABOVE GRADE SKILLS INCENTIVE
A. Effective the first full pay period following Council adoption,T the City shall pay four
percent (4%) pay incentive of base rate of pay to those Firefighters, Engineers, or
Captains who become qualified to serve and function at the next higher
classification above their current rank. Employees are eligible for this incentive the
first full pay period upon following qualification/certification through the testing and
task booking process as outlined in the Department Training Manual and General
Operations Manual sections 502.01, 502.02, and 502.03 (in progress). Also
contained in these references are the requirements for refresher training and skills
maintenance to remain qualified/certified to serve in these acting capacities.
Biennial (occurring every two years) recertification is required to maintain or
reinstate an Above Grade Skills Incentive. This program is administered by the
Department Training Officer (the Deputy Fire Chief) or other employee selected by
the Fire Chief.
B. Individuals who are qualified/certified at more than one higher classification (e.g.
an employee of the Firefighter rank who is Acting Engineer and Acting Captain
qualified) shall only receive one Above Grade Skills incentive (four percent).
C. An individual receiving this incentive who declines to work in the classi fication for
which they are receiving the incentive, will have their incentive removed and be
required to recertify in order to receive the incentive again. The decision to remove
the incentive is reserved to the Chief and subject to appeal to the Chief b y the
affected employee.
D. Relief Engineer certification is not eligible for the incentive.
E. Employees who are “actors” as of the date of adoption of this memorandum of
agreement by Council, will be considered eligible for this incentive. Recertificati on
will be required within twelve months of that date.
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Employees who were temporarily promoted to Engineer without completing the revised
2014 task book will receive the incentive for up to six (6) months from date of MOA
adoption to provide ample time for certification completion. In the event the certification
is not obtained within this timeline, the incentive will be removed.
F. Effective upon Council Adoption, Firefighters, Fire Engineers, and Fire Captains
that are receiving Above Grade Skills Incentive and who have been temporarily
promoted filling a long-term vacancy in accordance with General Order 201.05
(vacancies greater than 60 shifts) are eligible for an additional one percent (1%)
not to exceed five percent (5%) pay during the temporary promotion. This
additional 1% incentive is effective the first full pay period following the date of
assignment.
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ARTICLE 17 - URBAN SEARCH AND RESCUE INCENTIVE
Effective the first full pay period following Council adoption, Tthe City shall pay $75 bi-
weekly for three employees, at the rank of fFirefighter, Eengineer or Ccaptain, who are
members of the SLO County Urban Search and Rescue Team in good standing who
attend monthly Team drills and maintain currency in all technical skill areas. Employees
are eligible for this incentive the first full pay period following qualification. In addition,
these employees will act as trainer/subject matter expert for technical rescue disciplines
for recurring advanced technical rescue training within the Fire Department.
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ARTICLE 18 - OVERTIME
A. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty shall
receive overtime pay at time-and-one-half computed at their base salary for those
hours worked in excess of regularly scheduled shifts.
Pay incentives included in this calculation of MOA Overtime include:
• Above Grade Skills Incentive
• Bilingual Pay
• Education Incentive
• HazMat Incentive
• Holiday (quarterly cash out)
• Paramedic Incentive
• Station 1 Captain Incentive
A.• USAR Incentive
B. Battalion Chiefs shall be considered exempt and not eligible for overtime payment
or any return-to-work minimum payments, except as described below, in Article
19, or specifically authorized by the Fire Chief due to extraordinary circumstances.
Extraordinary shall be defined as an actual emergency requiring a Battalion Chief
to return to work. It does not include administrative meetings, etc. In general,
Battalion Chiefs are expected to work the hours necessary to successfully carry
out their duties and frequently must return to work or attend meetings and events
outside their normal working hours.
C. The City will complete an internal review as to whether Battalion Chiefs are exempt
or non-exempt under FLSA. This review will include any changes to the City’s
FLSA obligation as a result of the “Flores vs. City of San Gabriel” ruling regarding
“cash back” from the cafeteria contribution being added to the “regular rate of pay”
for purposes of calculating Federal overtime.Pursuant to Article 18.3 of the 2016-
17 MOA, the City conducted an internal review of whether the Battalion Chief
classification is exempt or non-exempt under Fair Labor Standards Act and an
analysis of FLSA overtime in light of the Flores v. City of San Gabriel decision. This
confirms the City’s determination that the Battalion Chiefs meet the legal
requirements for exemption from FLSA overtime and that the City’s implementation
of the dual calculation method, as described in the letter to Local 3523 dated
October 6, 2017, addresses the FLSA compliance requirements announced in the
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Flores decision.
D. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty are
assigned to work (one hundred ninety-two (192) hours in a twenty-four (24) day
pay cycle. Employees in these classifications who work more than one hundred
eighty-two (182) hours during a pay cycle, shall be paid time and one -half (1 1/2)
for all hours worked in excess of one hundred eighty-two (182) hours worked in
the twenty-four day pay cycle. Paid time off shall be counted as time worked when
calculating this overtime pay.
E. All non-safety personnel shall receive overtime pay at time-and-one-half computed
at their base salary for all hours worked in excess of forty (40) hours per week
including holiday, sick leave and vacation unless they elect to receive
compensatory time off at time and one-half.
F. Pay incentives included for non-safety personnel in this calculation of MOA
Overtime include:
• Bilingual Pay
• Education Incentive
• Work out of Grade Pay
G. All overtime shall be authorized in writing by the Fire Chief prior to being
compensated.
H. All overtime shall be paid to the nearest quarter hour worked where no minimum
is authorized.
I. Overtime Call Back (Firefighters, Fire Engineers and Fire Captains): Overtime call
back shall be as follows:
First Option – Rank for rank including a minimum of four paramedics
Second Option – Certified Acting Personnel
Third Option – Mandatory staffing that ensures adequate paramedic and
officer coverage
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Prior to a mandatory call back for paramedic coverage, Captains with paramedic
certification will be offered the opportunity to work as a Paramedic.
J. Battalion Chiefs – Administrative Leave.
In recognition of these requirements and the 24-hour staffing requirements of Fire
Departments, Battalion Chiefs shall be afforded flexibility in managing their work
load and time and are eligible to take a maximum of 72 hours per calendar year of
Administrative Leave. Battalion Chiefs will earn 72 hours of administrative leave
the pay period that January 1st falls into and such leave may be taken at any time
during the year. Administrative leave hours shall be pro-rated on a monthly basis
(the rate of 6.0 hours per month) when a Battalion Chief is hired during the year.
Such leave may be taken at any time during the year, however, in cases where a
person is not actively employed in an exempt position with the City during the full
year such leave shall be prorated or if the yearly amount earned is changed during
the year the amounts shall be prorated. For purposes of computing monthly
amounts, the rate of 6.0 hours per month may be used. There shall be no
carryover of such leave from year to year or any payoff for unused leave except
that during the month of December employees may request up to 40 hours of
unused administrative leave to be paid in cash the pay period that January 1st falls
into at the last pay period provided that total administrative leave taken and paid
does not exceed 72 hours during the calendar year.
K. Battalion Chiefs – Shift Coverage.
Shift Fire Battalion Chief absences will be covered by an off-duty Fire Battalion
Chief, through the Call Back options listed below.
A Fire Battalion Chief working shift continuation or shift coverage in excess of 4
hours for another Fire Battalion Chief will receive a stipend at the rate of 1.275%
of base pay for each hour worked. Effective upon Council Adoption, the stipend
rate will increase from 1.275% to 1.5% of base pay for each hour worked. Fire
Battalion Chiefs continue to be overtime exempt and will perform all other
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additional work without additional compensation except as described above under
“Administrative Leave”.
L. Battalion Chiefs – Call Back
Shift coverage call back shall be as follows:
First Option – Rank for rank
Second Option – Certified actors.
Third Option – The Deputy Fire Chief or Fire Chief may temporarily act as
Battalion Chief in situations that would otherwise require mandatory
overtime.
Fourth Option – Mandatory rank for rank.
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ARTICLE 19 - EMERGENCY CALL BACK
A. Firefighters, Engineers and Captains who are unexpectedly called back to work
after completing their shift and having left the worksite shall be paid a 4 -hour
minimum guarantee at time and one half.
B. Non-safety personnel shall receive a minimum of 4 hours at time and one-half for
emergency call back or time and one-half for hours actually worked, whichever is
larger.
C. Employees who are called back as defined above shall receive the minimum
provided by this article or pay for the work performed, whichever is larger.
D. Battalion Chiefs who are unexpectedly called back to work after completing their
shift shall be paid the shift coverage stipend of (1.275%) for actual time worked
but do not receive a call back minimum.
Effective upon Council Adoption, Battalion Chiefs who are un expectedly called
back to work after completing their shift and having left the worksite shall be paid
a four-hour minimum at the shift coverage stipend rate of 1.5% for the four-hour
minimum or actual time worked, whichever is greater.
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ARTICLE 20 - WORK OUT OF GRADE
Non-Safety Employees temporarily assigned to work in a higher classification will receive
one step additional pay but in no case more than the top step for the higher classification
under the following conditions:
1. The assignment exceeds eight (8) consecutive work days in which case the step
increase becomes effective on the ninth (9th) work day.
2. The person being temporarily replaced is on extended sick or disability leave or the
position is vacant and an examination is pending.
3. Employees not eligible for the step increase (under 10 days) shall receive
compensation on the following basis:
Hours Worked Compensation Earned
0-5 hours, 59 minutes 0
6-11 hours, 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
Battalion Chiefs temporarily assigned as the acting Fire Chief on their days off will be
eligible for compensatory time off on the following basis:
Hours Assigned CTO Earned
0-5 hours 59 minutes 0
6 hours – 11 hours 59 minutes 1 hour, paid at ST
12-24 hours 2 hours, paid at ST
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ARTICLE 21 - STANDBY
A. Employees below the rank of Fire Marshal/Battalion Chief on standby shall be
compensated one hour's pay for each eight (8) hour incident with a minimum of
two (2) hours straight time pay for each assigned standby period.
B. Effective the first full pay period in January 2007 tThe Fire Vehicle Mechanic shall
receive thirty-five dollars ($35.00) for each week day and forty dollars ($40.00) for
each weekend day and holiday when assigned to standby. For return to work as
part of a standby assignment, the City will guarantee either two (2) hours of pay in
cash at straight time or pay at time and one half for time actually worked, whichever
is greater.
Standby Periods: During Fire Season (typically June-October), whenever fleet is
supported by reserve units, or when any other need arises; as mutually agreed
upon by the Fire Chief or designee and Fire Vehicle Mechanic.
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ARTICLE 22 - EDUCATIONAL INCENTIVE
The City agrees to an educational incentive pay plan with the following provisions:
A. Basic Benefits.
Educational incentive pay shall not start for one year after employment with the
City of San Luis Obispo, but credit will be given for approved education obtained
prior to that time. The basic benefit will consist of $46.16 bi-weekly for possession
of an A.A., or equivalent degree from an accredited community or junior college;
and $92.31 bi-weekly for a B.A. or equivalent degree from an accredited four year
college or university. Total incentive pay shall in no case exceed $92.31 bi-weekly.
B. Job Related Fields.
Degrees must be in fields which are directly job related and if not, at least 30
semester units leading toward the appropriate degree with a grade of "C" or better
must be included.
C. Application and Approval.
Application for the incentive pay shall be made by the employee to the department
head at least 30 days before the date the payment of the incentive pay is to be
effective. Approval of the department head and the Human Resources Director
shall be required.
D. Unsatisfactory Performance.
In the event an employee receiving the incentive pay is not performing up to the
established standards set for the job, the department head with the concurrence
of the City Manager, may suspend payment of the incentive pay until such time as
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the employee's work performance comes up to the standard level, in the opinion
of the department head and concurred in by the City Manager.
E. Non-Applicability.
It is the City's intention not to pay the educational incentive for any degree which
is required for the position held by the employee. Educational incentives shall not
be paid for education received on City time. The education incentive shall be
removed if the employee is promoted to a position which does not entitle employee
to such incentive.
F. Tuition and Books.
Employees who have completed their initial probation period may participate in the
City’s Tuition Reimbursement Program at the current reimbursement rate.
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ARTICLE 23 - UNIFORM ALLOWANCE
A. All members Positions designated by the Fire Chief that are required to wear an
approved uniform to promote the department’s public image shall be required to
wear an approved uniform to promote the department's public image , except for
the positions designated by the Fire Chief as only requiring occasional usage.
Such positions shall receive one-half of the regular allowance. Each employee
shall receive an annual allowance of $1,000 paid semi-annually to be spent on the
purchase and maintenance of department -approved uniforms. Said allowance
shall be paid directly to each eligible employee on the first full pay period of July
and of January. Positions designated by the Fire Chief as only requiring
occasional usage, such as the Fire Vehicle Mechanic, shall receive $500 paid
semi-annually to be spent on the purchase and maintenance of department -
approved uniforms. Said allowance shall be paid directly to each eligible employee
on the first full pay period of July and of January.
The Fire Chief or his/her designated representative shall conduct an inspection at
least once a year to ensure that each employee has the minimum number of
uniforms and that all uniforms meet department standards regarding safety and
appearance. Employees whose uniforms do not meet standards may be subject
to disciplinary action.
A.B. A uniform allowance cash advance of one (1) year will be given to new employees
for purchase of their uniforms. If the emplo yee severs employment with the City
or is terminated within one (1) year, the cash advance shall be deducted from the
employee's last paycheck.
B.C. Where the agreement refers to uniform standards, it shall mean the following: The
Fire Chief shall establish and maintain a set of standards for the maintenance, care
and wearing of employee uniforms. Such standards shall be on file in the Fire
Chief's office, in each fire station, and in the Human Resources Director's office.
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C.D. Employees will be responsible to purchase and maintain health/fitness clothes,
including appropriate athletic footwear. Appropriate health/fitness clothing will be
determined through agreement between the Union and the Department.
D.E. Damaged Uniform Reimbursement
1. The City shall reimburse the cost in excess of ten ($10.00) dollars, for
repairing or replacing Department approved uniforms which are damaged
within the course of employment. No reimbursement shall be made if the
damage was due to negligence on the part of the employee. At the time of
damage, the employee will submit a report documenting where and how the
uniform was damaged.
2. The Fire Chief shall determine the use and extent of wear of damaged
items. Replacement amounts shall be prorated. The Department will
establish administrative regulations consistent with this section.
E.F. The City will bear any additional costs resulting from City mandated changes in
required uniform items during the term of this agreement.
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ARTICLE 24 - FIRE VEHICLE MECHANIC TOOL ALLOWANCE
TEffective January 2017, the Fire Vehicle Mechanic classification is eligible to receive a
tool allowance of $1,000 per year for tool replacement, tool purchase, and/or tool updates.
The allowance will be included in the employee’s first full pay period in January e ach
calendar year. Eligible employees hired after the annual tool allowance is provided, will
receive a prorated tool allowance, based on his/her start date.
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ARTICLE 25 - INSURANCE
A. Health Flex Allowance
Employees electing medical coverage in the City’s plans shall receive a health flex
allowance, as defined by the Affordable Care Act (“ACA”) and shall purchase such
coverage through the City’s Cafeteria Plan. If the health flex allowance is less than
the cost of the medical plan, the employee shall have the opportunity to pay the
difference between the health flex allowance and the premium cost on a pre -tax
basis through the City’s Cafeteria Plan. If the premium cost for medical coverage
is less than the health flex allowance, the employee shall not receive any unused
health flex in the form of cash or purchase additional benefits under the Cafeteria
Plan. Less than full-time employees shall receive a prorated share of the City’s
contribution. The current Effective the first pay period of the month following
adoption of this agreement the monthly health flex allowance shall be:
Employee Only $ 539.00
“Grandfathered” Employee Only $ 892.00 (with no cash back)
Employee Plus One $1,066.00
Family $1,442.00
Employees hired prior to adoption of this agreementOctober 18, 2016 that elect
employee only medical coverage will receive the health flex allowance listed above
for employee only “grandfathered” coverage. If the premium cost for medical
coverage is less than the health flex allowance, the employee shall not receive any
unused health flex in the form of cash.
Effective in December 20187 (for the January 20198 premium), December 2019
(for the January 2020 premium), and December 2020 (for the January 2021
premium), the City’s total Cafeteria Plan contribution shall be modified by an
amount equal to one half of the average percentage changes for family coverage
in the PERS health plans available in San Luis Obispo County. For example: if
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three plans are available and the year-to-year changes were +10% + 15% + 20%
respectively, the City’s contribution would be increased by 7.5% (10% + 15% +
20% ÷ 3 = 15% x ½). The employee only “grandfathered” amount will not adjust.
B. PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit program . The City
shall contribute an equal amount towards the cost of medical coverage under the
Public Employee’s Medical and Hospital Care Act (PEMHCA) for both active
employees and retirees. The City’s contribution toward coverage under PEMHCA
shall be the statutory minimum contribution amount established by CalPERS on
an annual basis. The City's contribution will come out of that amount the City
currently contributes to employees as part of the Cafeteria Plan provided to
employees in their various MOA's. The cost of the City's participation in PERS will
not require the City to expend additional funds toward health insurance beyond
what is already provided for in the various bargaining agreements. In summary,
this cost and any increases will be borne by the employees.
C. Conditional Opt-Out
Employees who at initial enrollment or during the annual open enrollment period,
complete an affidavit and provide proof of other minimum ess ential coverage for
themselves and their qualified dependents (tax family) that is not qualified health
plan coverage under an exchange/marketplace or an individual plan, will be
allowed to waive medical coverage for themselves and their qualified dependen ts
(tax family). The monthly conditional opt-out incentives are:
Opt Out $200
“Grandfathered” Opt Out $892 (hired prior to 10/18/2016adoption of this
agreement)
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The conditional opt-out incentive shall be paid in cash (taxable income) to the
employee. The employee must notify the City within 30 days of the loss of other
minimum essential coverage. The conditional opt-out payment shall no longer be
payable, if the employee and family members cease to be enrolled in other
minimum essential coverage. Employees receiving the conditional opt-out
amount will also be assessed $16.00 per month to be placed in the Retiree Health
Insurance Account. This account will be used to fund the City's contribution toward
retiree premiums and the City's costs for the Public Employees' Contingency
Reserve Fund and the Administrative Costs. However, there is no requirement
that these funds be used exclusively for this purpose nor an y guarantee that they
will be sufficient to fund retiree health costs, although they will be used for
negotiated employee benefits.
D. Dental and Vision Insurance/Dependent Coverage
Effective January 1, 2017 employee’s participation in the City's dental and vision
plans is optional. Employees who elect coverage shall pay the dental and/or eye
premium by payroll deductions on a pre-tax basis through the City’s Cafeteria Plan.
E. Long-Term Disability Insurance
Safety employees are covered for Long Term Disability Insurance through the
Union’s plan. All non-safety employees in this bargaining unit shall be covered
under the City’s Long Term Disability Insurance Program. Non-safety employees
shall pay the LTD premiums by payroll deduction on a pre-tax basis through the
City’s cafeteria plan.
F. Life Insurance – Battalion Chiefs
Fire Battalion Chief’s shall have term life insurance coverage in the amount of
Thirty-Five Thousand Dollars ($35,000). Ten Thousand Dollars ($10,000) shall be
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paid by the employee through the City’s Cafeteria Plan and Twenty-Five Thousand
($25,000) shall be paid by the City.
G. Representation on a Medical Plan Review Committee
The Union shall actively participate in the Medical Plan Review Committee. Such
committee shall review medical plans and may recommend alternative medical
plans, including those offered by PERS.
H. Reservation of Rights
During the term of this agreement, the City reserves the right to modify the terms
of the Cafeteria plan and the use of health flex allowance and the conditional o ptut-
out incentive should there be future guidance mandates under the ACA, Cafeteria
Plan rules, or the City’s obligations under the ACA or other laws. Any action taken
in accordance with this reservation of rights will be subject to the meet and confer
process.
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ARTICLE 26 - VACATION LEAVE
A. Each incumbent of a 40-hour and 56-hour a week line-item position shall accrue
vacation leave with pay at the following rates: of 12 days per year of continuous
service since the benefit date for the first five years; 15 days per year upon
completion of five years; 18 days per year upon completion of ten years; and 20
days per year upon completion of twenty years. Employees scheduled for more
than 40 hours per week shall receive the equivalent number of vacation days
prorated to the number of regularly scheduled work hours (respectively, 134.4
hours per year for the first five years; 168 hours per year upon completion of five
years, 201.6 hours per year upon completion of ten years and 224.6 hours per
year upon completion of twenty years).
A.
40-hour per week
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 12 days 96 hours
5 to 10 years 15 days 120 hours
10 to 20 years 18 days 144 hours
20+ years 20 days 160 hours
56-hour per week
Years of
Service
Annual
Vacation
Accrual Days*
Annual
Vacation
Accrual Hours
0 to 5 years 7 days 168 hours
5 to 10 years 8 days 192 hours
10 to 15 years 9 days 216 hours
15 to 20 years 10 days 240 hours
20+ years 11 days 264 hours
*One day is equivalent to eight (8) hours for a 40 -hour per week line-item position
and 24 hours for a 56-hour per week line-item position.
B. An incumbent is not eligible to use accrued vacation leave until after the completion
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of the sixth calendar month of service since the benefit date.
C. An employee who leaves the City service shall receive payment for any unused
vacation leave.
D. Department Heads shall be responsible for arranging a vacation schedule, first
with the needs of the City as the determining f actor and, second, insofar as
possible, with the wishes of the employee.
E. All employees in this unit may accrue a maximum of vacation time not to exceed
twice their annual rate. There will be no accrual of vacation leave to non-shift
employees in excess of two times (2x) their annual accrual. Maximum accrual of
vacation leave for shift employees, with the exception of Battalion Chiefs, is twice
the annual rate except as noted in Section 7G, Paragraph E5 of this Article. It is
the responsibility of the Battalion Chiefs to manage vacation time below the
maximum accrual limit through the use of scheduled vacation time or vacation sell
back. Vacation Leave amounts for Battalion Chiefs over the two-time annual
accrual limit at the last pay period of the calendar year will be forfeited.
F. All employees in this unit are eligible , once annually in December, to request
payment for up to 150 hours of unused vacation leave provided that an employee’s
attendance practices are satisfactory. If an employee reaches the annual accrual
cap before December, the employee will be able to request vacation payment one
other time during the year, in addition to the December cash out. However, no
more than 150 hours of unused vacation leave will be paid out in an y calendar
year.
G. Vacation Use (Excluding Battalion ChiefsFirefighters, Fire Engineers, Fire
Captains):
1. Vacation shall be selected by seniority based on shift assignment for shift
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employees and by seniority for non-shift employees. The employee with the
most seniority shall select first, with the following choices made in descending
order of seniority.
2. First choice vacation shall be made during November/December each year.
The first choice shall be a minimum of four (4) shifts off within one (1) cycle.
3. Should an employee be in danger of losing vacation accrual due to reaching
the twice annual vacation cap, for reasons other than those found in Section 6
G (G7) and (H8), the Fire Chief will review the circumstances which have
prevented the employee from taking vacation and will determine whether or
not the employee should be allowed to accrue beyond the cap or should be
authorized to exercise his/her one-time annual opportunity for vacation payout
under Section F6 (K) of this article.
4. Should an employee be in danger of losing vacation accrual due t o reaching
the twice the annual vacation cap, the employee will be able to exercise his/her
one-time annual opportunity for vacation payout under Section F of this Article.
Particular consideration will be given to those circumstances where vacation
use is denied because use would generate the need for mandatory overtime .
5.3. Employees have the right to two (2) employees off on vacation per shift; except
on New Year’s Day only one employee shall have the right to be off on
vacation. On Christmas, Christmas Eve, and Thanksgiving holidays no
vacation will be granted that results in a mandatory of personnel. Additional
vacation slots may be available if personnel are available to fill the shift without
causing mandatory overtime.
6.4. Employees have the right to unscheduled vacation as provided in the current
departmental Operations Manual (G.O. 204.01).
7.5. Time off by Battalion Chiefs is not included in the determination of the number
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of employees on vacation per D Section G (4) above.
8.6. If an employee's first choice vacation is changed by direction of the
department, such change shall not cause an employee to lose vacation that
may be accrued above twice the annual rate maximum. In thi s case, the
employee shall have the choice of using the vacation at another time or
receiving payment for the changed vacationwill have the ability to cash out
their vacation per Section F above.
9.7. If an employee must cancel vacation for good reason, as defined by
management, the employee will have the ability to cash out their vacation per
Section F above. the vacation above twice the annual rate shall be paid as
accrued.
10.8. Employees may cancel scheduled vacation for any reason with a minimum of
15 days advance written notice to the Fire Chief or his/her designated
representative. Maximum vacation accruals will not be waived for vacation
canceled pursuant to this section.
11.9. Any cancelled scheduled vacations will continue to be available for re-selection
by other employees.
Departmental General Operations 204.07 shall be modified as follows:
If approval is granted for vacation cancellation by the Fire Chief, the Battalion Chief
on the shift affected will direct the appropriate Captain to make notification of the
dates available to the platoon. Selection of available dates will be hand led as a
second choice vacation pick, selection may consist of any or all days remaining
available. All selections made from the cancelled days will be recognized as
scheduled vacation. Filling the cancelled days will start with the next person below
on the seniority list (person below the person who is canceling). Filling the
cancelled days will continue until all the days have been filled or all the personnel
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on that shift have been able to review and select the remaining available vacation
shifts.
H. Vacation Use – (Battalion Chiefs)
1. Coordination of the Battalion Chief’s first, second and third choice vacation
selection will be carried out by the Fire Chief. Battalion Chiefs will make
their written scheduled vacation requests during the November 1st to
December 30th period and will coordinate the availability of one Battalion
Chief between themselves. Battalion Chief scheduled vacation selections
will not be based on shift employees’ vacations. The Fire Chief will consider
and approve the request.
2. Unscheduled vacations will be madke in writing to the Fire Chief and will
require the availability of one Chief Officer and relief personnel which may
include voluntary overtime. All unscheduled vacations must be approved
by the Fire Chief. (Mandatory overtime is not allowed for unscheduled
vacation.)
3. If an employees’ scheduled vacation is changed by direction of the
department, such change shall not cause an employee to lose vacation that
may be accrued above the twice annual rate maximum . In this case, the
employee will be able to exercise the ability to cash out their vacation per
Section F above. his/her one-time annual opportunity for vacation payout
under Section F of this Article. shall have the choice of using the vacation
at another time orof requesting cash out per Section F above receiving
payment for the changed vacation.
4. If an employee must cancel vacation for good reason, as defined by
management, the vacation above the twice annual maximum shall be paid
as accrued.
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ARTICLE 27 - LEAVE OF ABSENCE
Leave without pay for up to one week per year may be granted by the Department Head
up to 40 hours per year for non-shift employees and 56 hours per year for shift employees.
When possible, such leave requests shall be in writing and approved in advance. All
other leave of absence requests shall be handled in accordance with Section 2.36.460 of
the Personnel Rules and Regulations.
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ARTICLE 28 - HOLIDAYS
A. The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King Day
Third Monday in February - President’s Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's
Two Floating (8 hour) Holidays (non-shift employees only)
When a holiday falls on a Saturday, the preceding Friday shall be observed.
When a holiday falls on a Sunday, the following Monday shall be observed.
B. Each employee on 24-hour shift duty shall earn 6.07 hours145.6 hours of holiday
leave semi-monthlyannually, in lieu of fixed holidays.
Such employees shall receive payment at straight time hourly rate for a portion of
their earned holiday leave (2.6 hours) each bi-weekly payroll period through final
pay date in December 2016.
C.B. The remainder of the employee's annual holiday leave (78 hours) The
holiday leave shall be advanced to the employee effective the payroll period that
January 1st falls withinfirst payroll period in January of each year. Effective the first
pay date in January 2017 the bi-weekly payment for holiday leave will be
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discontinued and employee’s annual holiday leave will increase from 78 hours to
145.6 hours. Such holiday leave may be taken off by the employee as provided in
the current departmental Operations Manual (G.O. 204.03).
Each calendar quarter, an employee has the option of receiving payment for one -
fourth (1/4) of his/her advanced holiday leave. Any holiday leave remaining as of
December 31st the last payroll period in December of each year will be paid to the
employee at the straight time rate the payroll period that January 1st falls within.
If an employee terminates for any reason, having taken off hours in excess of
his/her prorated share, the value of the overage will be deducted from the
employee's final paycheck.
C. Floating (8 hour) holidays for non-shift employees shall be accrued on a semi-
monthly basis and added to the vacation accrual. Use, carry-over, accumulation,
etc., of such vacation shall be subject to the same rules and procedures that cover
all accrued vacation.
Effective January 2019, the two floating holidays (16 hours) for non-shift
employees will be provided in a floating holiday leave bank the pay period that
January 1st falls within rather than being accrued on a semi-monthly basis.
Employees will have the ability to use floating holiday leave hours at any point
during the calendar year. Unused floating holiday leave will not be carried over
year to year but can be taken through December 31st of each year.
If an employee terminates for any reason, having taken off hours in excess of
his/her prorated share of the floating holiday, the value of the overage will be
deducted from the employee's final paycheck.
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ARTICLE 29 - BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death of a member of the
employee's immediate family, meaning spouse/domestic partner, child, brother, sister,
parent, parent-in-law, step-parent, step-brother, step-sister, grandparent, or any other
relative living in the same household, provided such leave as defined in this section shall
not exceed five (5) working days or the shift equivalent (56 hrs.) from each incident. The
employee may be required to submit proof of relative's death before being granted sick
leave pay. False information given concerning the death of relationship shall be cause
for discharge.
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ARTICLE 30 - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code. Each incumbent of a
line-item position shall accrue sick leave with pay at the rate of twelve days (96 hours) or
the shift equivalent (134.4 hours) per year of continuous service since the benefit date.
(See Appendix C attached). Upon retirement the employee may choose: 1) a payout of
the employee’s accumulated sick leave balance based on years of service according to
the following schedule, 2) to convert a portion or all of the employee’s sick leave balance
to service credit in accordance with CalPERS regulations, or, 3) a combination of these
two options.
Upon termination by death of the employee a percentage of the dollar value of the
employee’s accumulated sick leave will be paid to the designated beneficiaries according
to the following schedule: Upon termination of employment by death or retirement, a
percentage of the dollar value of the employee's accumulated sick leave will be paid to
the employee, or the designated beneficiary or beneficiaries, according to the following
schedule:
1. Death - 50% Such payment shall be made within seventy-two hours of notice to
the City of an employee's death.
2. Retirement and actual commencement of PERS benefits:
a. After ten years of continuous employment (for all employees except Battalion
Chiefs) - 10%
b. After twenty years of continuous employment (for all employees except
Battalion Chiefs) - 15%
c. After twenty years of continuous employment (Battalion Chiefs only) – 20%
d. After twenty-five years of continuous employment (Battalion Chiefs only) – 25%
e. After 30 years of continuous employment (Battalion Chiefs only) – 30%
3. Job-related disability retirement and actual commencement of PERS benefits (for
all employees except Battalion Chiefs) - 75% with a maximum of 1000 hours payoff
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(75% of 1333.3 accrued hours.)
4. Job-related disability retirement and actual commencement of PERS benefits (for
Battalion Chiefs only) - 50% with a maximum of 750 hours payoff (50% of 1,500
accrued hours.) Any balance of sick leave that remains after payoff will be forfeited.
Sick leave cannot be used to postpone the effective date of an industrial disability
retirement.
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ARTICLE 31 - FAMILY LEAVE
A. An employee may use up to 48 hours (67.2 hours for shift employees) of sick leave
per calendar year if required to be away from the job to personally care for a
member of his/her family.
B. An employee may take up to seven (7) days (56 hours) of sick leave per calendar
year or the shift equivalent (78.4 hours) if the family member is part of the
employee's household and is hospitalized. The employee shall submit written
verification of such hospitalization.
C. For purposes of this article, a family member is defined as spouse or registered
domestic partner, child, brother, sister, parent, parent-in-law, step-parent, step-
brother, step-sister, grandparent, or any other relative as defined by Labor Code
Section 233 and/or Assembly Bill 1522.
D. The amounts shown in A, B, and C above are annual maximums, not maximums
per qualifying family member.
E. In conjunction with existing leave benefits, unit employees with one year of City
service who have worked at least 1,250 hours in the last year may be eligible for
up to 12 weeks of Family/Medical Leave within any 12-month period.
Family/Medical leave can be used for:
• A new child through birth adoption or foster care (maternal or paternal
leave).
• A seriously ill child, spouse or parent who requires hospitalization or
continuing treatment by a physician.
• Placement of an employee's child for adoption or foster care.
• A serious health condition which makes the employee unable to perform the
functions of his or her position.
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This leave shall be in addition to leave available to employees under the existing
four-month Pregnancy Disability Leave provided by California law. Paid leave, if
used for family leave purposes or personal illness, will be subtracted from the 12
weeks allowed by the Family/Medical Leave Program. Employees must use all
available sick, vacation, compensatory time, holiday, and administrative leave and,
if appropriate, sick leave prior to receiving unpaid Family/Medical Leave.
Employees on Family/Medical Leave will continue to receive the City's contribution
toward the cost of health insurance premiums. Only City group health insurance
premiums will be paid by the City.
If an employee does not return to work following Family/Medical Leave, the City
may collect the amount paid for health insurance by the City during the leave.
There are two exceptions to this rule.
1. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
2. Circumstances beyond the employee's control. Further details on
Family/Medical Leave are available through the City's "Guide to
Family/Medical Leave Program".
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ARTICLE 32 - WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on -the-job injury in accordance with
state workers' compensation law and is not eligible for disability payments under Labor
Code Section 4850, shall be paid the difference between his base salary and the amount
provided by workers' compensation law during the first 90 business days of such disability
absence.
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ARTICLE 33 - MODIFIED WORK ASSIGNMENT
A modified work assignment is generally administrative in nature and may require the
individual to sit at a desk, operate a computer, drive a vehicle, and engage in minimal
walking. The employee may receive work assignments in one or more of the
Department’s program areas: Administration, Training, Hazard Prevention, Technical
Services, Disaster Preparedness, Emergency Response, or Communications. The
schedule is typically 40 hours a week with the employee working under the supervision
of the Fire Chief, Deputy Fire Chief, or a Battalion Chief. Depending upon the employee’s
limitations, abilities, and the needs of the Department, s/he may be assigned to shift work.
There are two methods for placing a person on modified duty:
1. At the employee’s request during a recovery period (minimum of two weeks)
due to an off-duty injury or illness.
2. At the request of the City because of a Worker’s Compensation injury.
Off-Duty Injury - An employee notifies the Fire Chief that s/he would like to be placed on
a 40-hour modified duty administrative work assignment. The Fire Chief , or designee,
would review the temporary modified work restrictions provided by the employee’s doctor.
The Department typically has a variety of tasks that a person might be assigned to work
on. In accordance with past practice, as long as a legitimate modified work assignment
is available (minimum of two weeks), the Fire Chief will accommodate this request.
Worker’s Compensation Injury - An employee is on Worker’s Compensation injury leave
is provided temporary modified work restrictions and the Fire Chief knows of a possible
modified work assignment. The Fire Chief, or designee, would notify the employee of the
modified work assignment available. Employees on Worker’s compensation certif ied by
a doctor for a modified work assignment may lose benefits if they refuse available
modified work assignment based on Worker’s compensation law.
Once an employee is released to light-duty, a Personnel Action Form is initiated and all
leave balances (Holiday, Vacation, Sick Leave, etc.) are changed to reflect a 40 -hour
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work week. It should be noted that any leave taken during this light -duty period is taken
at the 40-hour work week accrual rate and no FLSA is given.
The employee would transfer to a modified work assignment as soon as the employee
has completed his/her FLSA period (the FLSA period runs concurrent with the A shift’s
schedule).
To ensure all FLSA provisions are met, the hours previously worked in the pay period will
be reviewed with the employee prior to setting up the work schedule. Once the employee
has received a doctor’s release to return back to full-duty and it has been approved by
the Fire Chief, the employee will return to their appropriate shift on their next scheduled
work day, assuming this return schedule does not trigger overtime in excess of regular
FLSA overtime. If excess overtime would be triggered, the employee will return to work
on the earliest date that will not trigger excess overtime.
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ARTICLE 34 - SAFETY
The Union and the City agree to address Departmental and citywide safety concerns
through the City's Safety Committee and the Communication Process outlined i n
Article 7.
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ARTICLE 35 - RETIREMENT
A. PERS Contracts
1. “Classic Members First Tier” sworn members hired before July 1, 2012
and non-sworn members hired before December 6, 2012.
The City agrees to provide the Public Employees' Retirement System's
(PERS) Safety 3% at age 50 plan to all sworn personnel and the 2 .7% at
age 55 plan to all non-sworn personnel . The 3% at age 50 plan includes
the following amendments: Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959
Survivor's Benefit, one-year final compensation, Military Service Credit, and
Pre-Retirement Optional Settlement 2 Death Benefit. The 2.7% at 55 plan
includes the following amendments: 1959 survivor's Benefit, conversion of
unused sick leave to additional retirement credit, one- year final
compensation, Military Service Credit and Pre-Retirement Optional
Settlement 2 Death Benefit.
2. B. “Classic Members Second Tier” sworn members hired on or after
July 1, 2012 and non-sworn members hired on or after December 6, 2012.
The City agrees to provide the PERS Safety 3% at age 55 plan to all sworn
personnel and the 2% at age 60 plan to non -sworn personnel using the
highest three year average as final compensation. The 3% at age 55 plan
includes the following amendments: Post Retirement Survivor Allowance,
conversion of unused sick leave to additional retirement credit, the 1959
Survivor’s Benefit, Military Service Credit, and Pre-Retirement Optional
Settlement 2 Death Benefit. The 2% at age 60 plan includes the following
amendments: 1959 survivor’s Benefit, conversion of unused sick leave to
additional retirement credit, Military Service Credit, and Pre-Retirement
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Optional Settlement 2 Death Benefit.
3. “New Members Third Tier” sworn and non-sworn employees hired after
January 1, 2013. PERS determines who are “New Members” within the
meaning of the California Public Employees’ Pension Reform Act (PEPRA).
The City will provide the PERS 2% at age 57 retirement plan for sworn
personnel and 2% at age 62 retirement plan for non-sworn personnel, using
the highest three-year average as final compensation.
B. Member Contributions
1. “Classic Members First and Second Tier”
Effective the first full pay period in July 2013, employees began paying the
City discontinued paying the full member contribution required under the
plan for first and second tier sworn (9%) and non-sworn (8% and 7%
respectively) personnel and the City discontinued theirits payment of the
member contribution. For purposes of this Article, employee contributions
are based on salary and special compensation as defined by PERS.
Effective the first full pay period in July 2019, all sworn an d non-sworn
personnel shall contribute 1.5% in addition to the employee contribution
defined in the paragraph above. Effective the first full pay period in July
2020, all sworn and non-sworn personnel’s additional contribution shall
increase to 3%, in addition to the employee contribution defined in the
paragraph above. These additional contributions are in accordance to the
provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre -tax basis as allowed
under Internal Revenue Service Code Section 414 (h) (2).
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2. “New Members Third Tier”
Effective on their date of hire, new members will pay 50% of the normal
cost, as determined by PERS.
Effective the first full pay period in July 2019, all sworn and non -sworn new
members shall contribute 1.5% in addition to the employee paying 50% of
the normal cost of the member contribution. Effective the first full pay period
in July 2020, all sworn and non-sworn employees’ contribution shall
increase to 3%, in addition to the employee paying 50% of the normal cost
of the member contribution. These additional contributions are in
accordance to the provisions of AB 340, §7522.30 and §20516.
All of the employee contributions are made on a pre -tax basis as allowed
under Internal Revenue Service Code Section 414 (h) (2).
C. Contract Amendment with PERS
The City will submit a contract amendment to PERS requesting the employee
contributions ineffective July 2019 and 2020 (1.5% and 3% respectively) be
considered contributions to the employees account. PERS currently requires a
secret ballot election among the employees affected to change the employees’
rate of contribution. The contract cannot be amended if a majority of the affected
members vote to disapprove the proposed plan. In the event a secret ballot is
required by State Law and the Fire membership does not vote to approve the
contract amendment, the additional contributions will still be required in
accordance to the provisions of §20516(f). In this case the additional contributions
would not be credited to the employee’s PERS account as a normal contribution.
PERS determines who is a “classic member” within the meaning of the California
Public Employees’ Pension Reform Act (PEPRA). The City agrees to provide the
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PERS Safety 3% @ 55 plan to all sworn personnel and the 2% at age 60 plan to
non-sworn personnel using the highest three year average as final compensation.
The second tier sworn personnel formula will include the following amendments:
Post Retirement Survivor Allowance, conversion of unused sick leave to additional
retirement credit, the 1959 Survivor’s Benefit, Military Service Credit, and Pre -
Retirement Optional Settlement 2 Death Benefit. The second tier non -sworn
personnel formula will include the following amendments: 1959 survivor’s Benefit,
conversion of unused sick leave to additional retire credit, and Pre-Retirement
Optional Settlement 2 Death Benefit. Employees hired under this plan will pay the
full member contribution required under the plan, presently nine percent (9%) for
sworn personnel and seven percent (7%) for non-sworn personnel. The employee
pays to PERS their contribution; as allowed under Internal Revenue Service Code
Section 414 (h) (2) the contribution is made on a pre-tax basis.
D. “New Members Third Tier”
For employees who PERS determines are “new members” within the meaning of
the California Public Employees’ Pension Reform Act (PEPRA), the City will
provide the PERS 2% at age 57 retirement plan for sworn personnel and 2% at
age 62 retirement plan for non-sworn personnel, using the highest three year
average as final compensation.
Effective on their date of hire, new members will pay 50% of the total normal cost
of the member contribution, as determined by PERS.
The employee pays to PERS their contribution; as allowed under Internal Revenue
Service Code Section 414 (h) (2) the contribution is made on a pre-tax basis.
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ARTICLE 36 - HOURS
A. Employees assigned to a 24-hour shift schedule, shall work a shift schedule which,
over a period of one year, shall average approximately fifty-six (56) hours per
week.
For purposes of illustration only, a copy of the shift schedule pattern is set forth in
Appendix B.
The Department shall give no less than 15 days’ notice prior to changing a shift
assignment for non-emergency reasons.
A work shift is defined as a work period of twenty-four (24) hours, commencing at
0800 hours and continuing until the next day, ending at 0800 hours (8 a.m. to the
following 8 a.m.)
Within each work shift the work day will be from 0800 to 1700 hours. The work
day will be divided as follows:
08:00 – 12:00 Captain’s Priority
12:00 – 13:00 Lunch
13:00 – 17:00 Chief’s Priority/Captain’s Priority
The intent of Captain’s Priority is to create a productive schedule providing latitude
for necessary classes, rewards and individual’s priorities. Included in Captain’s
Priority is vehicle and station maintenance, fitness training and Captain’s projects
8-12 daily. Holidays and weekends are also Captain’s Priority times. In the event
a Chief’s priority needs to be scheduled during Captain’s priority time, every effort
will be taken to provide an equal amount of Captain’s priority time on that shift or
the earliest available shift.
B. Shift Exchange - The Fire Chief or his/her representative may authorize employees
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covered by this Agreement to exchange shift assignments with other department
employees of equal rank or qualifications for the position. Anyone working more
than 72 consecutive hours must contact the Battalion Chief for confirmation that
reasonable rest has been achieved.
C. Vacation Exchange – The Fire Chief or his/her representative may authorize
employees covered by this Agreement to exchange vacation leave with other
department employees of equal rank or qualifications for the position.
D. Early Relief - The Fire Chief or his/her representative may authorize employees
covered by this Agreement to relieve another department employee of equal rank
or qualifications for the position prior to the end of the scheduled shift.
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ARTICLE 37 - HEALTH/FITNESS
The City, the Department and the Union are desirous of implementing measures to
promote the well-being of employees and reduce the incidents of preventable accidents,
illnesses, and disabilities, and have, and shall continue to, work cooperatively to
encourage and develop an appropriate program to enhance physical fitness and health
and to establish required physical standards to be met by all employees. The parties
have agreed to implement the physical fitness program outlined in the "Health and Fitness
Maintenance Program".
The Union recognizes that it is the policy of the City to hire non -smokers in the Fire
Department. The Union further recognizes there is a fire department policy concerning
smoking in departmental facilities and vehicles. The parties agree that smoking poses
health risks to non-smokers as well as smokers.
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ARTICLE 38 - SALARY SURVEY CITIES
Cities to be used for review of salaries shall include:
• Davis
• Monterey
• Napa
• Petaluma
• Pleasanton
• Salinas
• Santa Barbara
• Santa Cruz
• Santa Maria
It is agreed that, during the negotiations to produce a successor Agreement, either party
may propose changes to the above list of cities. A revised, mutually agreed upon list,
may be used during the negotiations to produce a successor Agreement.
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ARTICLE 39 - LAYOFFS
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall
determine when layoffs are to occur. The human resources Director shall be responsible
for the implementation of a layoff order of the City Council in accordance with the
procedures outlined below:
A. After determining a layoff is needed within the Union, the order of layoffs shall be
as follows:
1. Temporary and contract employees, in the order to be determined by the
appointing authority;
2. Probationary employees (promotional probation excluded), in the order to
be determined by the appointing authority;
3. For regular employees within the Union, layoffs shall be governed by
seniority and job performance. Seniority is established by time in service
within the Union. That is, the last employee hired into the bargaining unit
shall be the first employee laid-off. Job performance categories shall be
defined as follows.
Category 1:
Performance that is unsatisfactory, below standard, needs improvement,
unacceptable or does not meet minimum standards.
Performance defined by this category is evidenced by an employee’s two
most recent performance evaluations with an overall rating that falls within
the lowest two categories of the performance appraisal report.
Category 2:
Performance that is competent, superior, meets expectations, meets
performance standards, exceeds performance standards and expectations,
or is outstanding.
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Performance defined by this category is evidenced by an employee’s two
most recent performance evaluations with an overall rating that falls within
the top two to three performance categories of the performance appraisal.
A regular employee being laid off shall be that employee with the least
seniority in the Union and who is in the lowest job performance category.
Employees in Category 1 with the lowest seniority will be laid off first,
followed by employees in Category 2. Should the two performance
evaluations contain overall ratings that are in the two different categories as
defined above, the third most recent evaluation overall rating shall be used
to determine which performance category the City shall use in determining
order of layoffs.
4. Transfer to another department in lieu of layoff is authorized, upon approval
of the department heads, if there is a vacancy and the employee meets the
minimum job requirements.
B. Laid-Off Employees on Re-employment List
1. The names of employees who have been laid -off shall be placed on the
appropriate Re-employment List. The recall of employees will be in reverse
order of layoff, depending upon City requirements.
2. Names of employees laid-off shall be placed on a re-employment list for a
period of two years. They will be offered re-employment only once before
being removed from the list for the job they held before being laid-off. Re-
employment lists shall be used for filling those classes requiring
substantially the same minimum qualifications, duties and responsibilities
of the class from which the layoff was made.
C. Appointment of Laid-Off Employees to Vacant Class
1. An appointing authority may, with the approval of the Department Head and
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the human resources Director and in agreement with the employee, appoint
an employee who is to be laid-off to a vacancy in a vacant class for which
he or she is qualified. He/she will still remain on the re-employment list for
the job from which he/she was laid-off.
D. Employee Reassignments (bump back procedure) for IAFF Local 3523
1. Employees who have been promoted during their service with the City may
bump back in their career series to a position they formerly held, if there is
an employee in the lower classification with less seniority than the employee
who wants to bump back. Seniority for the purpose of this section shall
mean time in service, as a regular employee, within the Union. For
example, an employee attempting to bump back to Engineer from Captain
would utilize his/her combined time within the Union, firefighter, engin eer or
captain, in determining whether or not he/she had more seniority than an
individual in the Engineer classification. The intent is to have the last person
hired into the Union be the first person to be laid-off.
2. Reassignment rights may be exercised only once in connection with any
one layoff and shall be exercised within 20 calendar days from the date of
the notice of the layoff, by written notice from the employee.
3. The bumping right shall be considered exercised by the displacement of
another employee with lesser total seniority or by the acceptance of a
vacant position in the class with the same or lower salary.
4. Employees who are reassigned (bump back) are to be placed on an open
re-employment list for the position they have vacated.
5. Employees on layoff shall be offered re-employment in the inverse order of
layoff, provided no intervening factors have occurred which essentially
change the ability of the employee to perform the offered employment.
E. The City will notify recognized employee organizations of the effective date of any
reduction in force concurrent with the notice to the affected employee(s) pursuant
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to F, below.
F. Notice of layoff to Employees
1. An employee to be laid-off shall be notified in writing of the impending action
at least thirty (30) calendar days in advance of the effective date of the
layoff. The notice shall include the following information.
a. Reason for layoff.
b. Effective date of layoff.
c. Employee rights as provided in these rules.
G. Removal of Names from Re-employment Lists
1. The human resources Director may remove an employee’s name from a re -
employment list if any of the following occur:
a. The individual indicates that he/she will be unable to return to
employment with the City during the life of the list; or
b. The individual cannot be reached after reasonable efforts have been
made to do so. The City shall utilize certified mail when contacting
individuals; or
c. The individual refuses one re-employment offer at his/her previous
job. Individuals shall have ten (10) days to respond to the offer of re-
employment and an additional thirty (30) days to return to work.
H. Employee Rights and Responsibilities
1. In addition to others identified herein, employees affected by these
procedures shall have the following rights:
a. Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her impending layoff shall be
granted reasonable time off without loss of pay to participate in a pre-
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scheduled interview or test for other employment.
b. An employee who has been laid-off shall be paid in full for his/her
unused accrued vacation leave and holiday leave on the effective
date of the layoff.
c. When an individual is reemployed he/she shall be entitled to:
1) Retain his/her seniority date.
2) Accrue vacation leave at the same rate at which it was
accrued at the time of the layoff.
3) Have any unused sick leave reinstated.
4) The same retirement package prior to layoff, assuming that
the employee has not withdrawn his/her PERS funds. If an
employee has withdrawn funds, he/she will be reinstated to
the retirement package which is currently in effect for all newly
hired employees unless the employee notifies PERS within 90
days that he/she wishes to redeposit the withdrawn funds.
2. An individual reemployed into the job from which he/she was laid off shall
be assigned to the same salary range and step he/she held at the time of
the layoff. An individual reemployed into a job classification other than the
classification from which he/she was laid off shall be assigned to the salary
range of the new classification at the amount closest to the salary he/she
earned at the time of the layoff.
3. When an individual has been reemployed after a layoff by bumping back to
a lower job classification prior to being laid -off, he/she will be placed on a
re-employment list for the higher job classification held prior to bumping
back.
4. A probationary employee who is reemployed shall be responsible for
completing his/her probationary time commitment. Similarly, an individual
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who is reemployed shall complete, upon return to the job, the same work
time he/she would have had to work at the time of the layoff to attain a
higher vacation leave accrual rate or to become eligible for a salary step
increase.
5. The intent of the layoff policy is to have the last hired the first laid off.
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ARTICLE 40 - WORK ACTIONS
Participation by an employee in a strike or a concerted work stoppage shall be deemed
to pose an imminent threat to public health or safety and is unlawful, furthermore, it shall
terminate the employment relation. Provided however that nothing herein shall be so
construed as to affect the right of any employee to abandon or to resign his employment.
1. Employee organizations shall not hinder, delay, interfere with, nor coerce
employees of the City to hinder, delay, or interfere with, the peaceful performance
of City services by strike, concerted work stoppage, cessation of work, slow-down,
sit-down, stay-away, or unlawful picketing.
2. In the event that there occurs any strike, concerted work stoppage, or any other
form of interference with or limitation of the peaceful performance of City services
prohibited by this Article, the City, in addition to any other lawful remedies or
disciplinary actions, may, by action of the Municipal Employee Relations Off icer
cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the
use of City facilities, and withdraw recognition of the employee organization or
organizations participating in such actions.
3. Employee members of any employee organization shall not be locked out or
prevented by management officials from performing their assigned duties when
such employees are willing to perform such duties in the customary manner and
at a reasonable level of efficiency.
Any decision made under the provisions of this Section may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete
statement setting forth all of the facts upon which the appeal is based. Such Notice of
Appeal must be filed within ten (10) working days after the affected employee organization
first received notice of the decision upon which the complaint is based, or it will be
considered closed and not subject to any other appeal.
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ARTICLE 41 - FIREFIGHTER RECRUITMENT
A. The Chief, in consultation with the President of the Local 3523, will determine the
type of Firefighter recruitment to be conducted (e.g. entry level, lateral, paramedic,
etc.) based on the operational needs of the department. A current eligibility list
will be maintained and firefighters will go through the approved department
academy, as set forth in General Operations 501.03.
B. Firefighter Apprentices will be allowed to apply for entry-level firefighter positions
outside the limitation on the number of applications to be accepted. For a given
recruitment, if the number of applications received by the City for entry-level
firefighter positions is to be limited, the limit will not be less than 100.
C. For new entry-level firefighters, the State Fire Marshal's Firefighter I certification
will be required. For new entry-level firefighter paramedics, a minimum of
Firefighter I Academy certification is required. All other employment standards
remain the same.
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ARTICLE 42 - PROBATIONARY PERIOD
All appointments to classifications listed in Appendix “A”, including promotional
appointments, shall be subject to a probationary period of one year. The probationary
period may be extended if further employee evaluation is deemed necessary for up to six
months upon the written recommendation of the Fire Chief and the written approval of the
Human Resources Director.
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ARTICLE 43 - RESIDENCY REQUIREMENT
Departmental General Operations 206.04 shall be modified as follows:
All shift personnel must live within one hundred and twenty (120) miles travel distance
from the City limits to their permanent residence.
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ARTICLE 44 - STAFFING
A. The number of authorized positions in the Fire Department represented by the
Local 3523 is 3 Battalion Chiefs, 12 Fire Captains, 15 Fire Engineers, 12
Firefighters, 1 Fire Vehicle Mechanic, 3 Fire Inspectors, 1 Hazardous Materials
Coordinator. A minimum of 24 Paramedics within the ranks of Captain, Firefighter,
and Engineer is authorized. One Paramedic Captain (included as one of the 24
Paramedics) will be assigned per shift. If it becomes necessary for the City to
exercise its management right to change those staffing levels, the City
acknowledges its responsibility to meet and confer with the Union on the impacts
of any such changes.
B. Constant Staffing provides for a mandated minimum of fourteen (14) Firefighters
on-duty every day including the Battalion Chief. Nothing in this section precludes
the Fire Chief from hiring additional full-time staff to meet Constant Staffing
minimum requirements. Mandated overtime will be used to maintain the fourteen
(14) per day minimum.
Adjustments to daily staffing: Events and/or community risk levels may require the
Fire Chief to increase the mandated minimum staffing level to be maintained.
C. There will be no reserve program implemented during the term of this agreement.
D. The present status of the Apprentice Program does not impact on the bargaining
unit integrity. The City recognizes its obligations to meet and confer on any future
impacts of the Apprentice Program on the bargaining unit.
E. In the absence of the Battalion Chief, the Fire Chief or Deputy Chief may act as
Battalion Chief as described in Emergency Operations Section 517.00 “Draw
Down”.
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ARTICLE 45 - SENIORITY BIDDING FOR STATION ASSIGNMENT
A. Intent
Utilize seniority in rank as an empowerment tool for employees in the ranks of BC,
Captain, Engineer, and Firefighter to determine “bid staffing.”
B. Definitions
Bid Staffing: The station and shift assignment awarded to an individual based on
his/her rank and assignments at the time of the bid.
The bid staffing process is defined below. Each member will remain in their
selected bid staffing assignment until they choose to utilize their bid fo r a vacant
position, agree to a mutual, or are distributed based on department need as
described below.
C. Bid Procedure
In the event of a new permanent Firefighter, Fire Engineer or Fire Captain vacancy
and upon determination by the Chief to fill the vacancy, the bid spot shall be
declared vacant and available for bid from members of the same rank.
1. Bid selection will be based on seniority in rank using the department’s
master seniority list.
2. Probationary firefighters will not be included in the bid process until the
completion of probation.
3. Each member will only be allowed to accept one bid per 180-day period
(once every six months).
4. After a bid has been closed, any remaining vacancies shall not be filled f or
30 days.
5. Bid assignments requiring movement from one shift to another will begin
the first day of the first full F.L.S.A. period following selection .
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6. An employee’s voluntary request to move from one shift to another to fill a
vacant bid spot may be granted with less than 15 days’ notice of the start of
the FLSA period.
D. Process
1. Battalion Chiefs shall be the first to bid.
2. The President and Vice President of Local 3523 will have the opportunity
for the second and third bid selection during each term as president or vice
president. Once that bid has been used, future bids during the remaining
term will be based on seniority in rank.
3. The remainder of the bid selection will follow department seniority with the
most senior member selecting first. The order of selection shall be by rank
in the following order: Captains, Engineers, and then Firefighters
4. Probationary firefighters will not be included in the station selection process
until they have completed their probationary period. Upon completion of
firefighter probation if their current assignment is vacant, that vacancy will
go out to bid selection for the entire department.
E. Mutual Bid
Upon request from two members of equal rank and specialty skill designation for
a mutual exchange of their bid assignments, the Battalion Chief, Company
Officers, and a union representative of the members making the request shall meet
and evaluate the request for approval or denial. If the request for the mutual is
accepted those employees involved will have used their one bid for the year. If the
request for mutual exchange is denied, the applicants can utilize the IRC for review
of that decision.
To ensure equity throughout the entire bid process, mutual transfers are subject to
the following additional requirements:
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1. The bid transfer must be effective for a minimum of 12 months.
2. If within that 12-month period either party involved separates or promotes,
the remaining party must comply with the following:
a. The original station occupied by the person vacating will be put up
for bid, and the remaining parties can bid for that position. If the
mutual member is unsuccessful in obtaining that bid, then that
member returns to his/her previous assignment, and recovers bid
rights after the remainder of the 12-month period.
F. Distribution
Each crew will have a Paramedic assigned to it from the ranks of the Engineer or
Firefighter. Captains may fill into the paramedic pool if there are not enough
Paramedics within the Firefighter/Engineer rank. Each shift will have one of the
three Paramedic Coordinators. Paramedic Coordinators will be a minimum 2-year
commitment and only vacated voluntarily or as determined by the Fire Chief. The
Captain taking the position of Paramedic Coordinator would not be the primary
paramedic on their selected crew except for extenuating circumstances (e.g. a
shortage of paramedics). Each shift will have paramedics evenly distributed
depending on the size of the paramedic pool (example: pool of 24, 8 medics per
shift). No bid staffed crews shall have three bid-assigned paramedics if any other
crew does not already have two bid -assigned paramedics. Seniority will be used
to determine which personnel are moved to and from crews with paramedic staffing
insufficiencies.
Hazardous Materials Team Members will be eve nly distributed to ensure at least
one Hazardous Materials Team Member is assigned to each shift. Seniority will be
used to determine which personnel are moved to and from shifts with Hazardous
Material Team Member staffing insufficiencies.
All corrections to completed bids will take place with the Battalion Chief and a shop
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steward to make sure that paramedics, paramedic coordinators, and hazardous
materials team members are represented on all three shifts.
Individuals bidding for assignment as the Station 1 Captain shall be subject for
interview by the Shop Steward and the appropriate Battalion Chief prior to bid
selections being finalized.
Individuals working out of grade will work at the station at which the vacancy is
occurring. Selection of the individuals who will work out of grade is to remain
consistent with existing policies. Vacancies created by promotion or retirements
are to be filled by the newly promoted individuals once the bid has been completed.
Administration of the Fire Department recognizes and supports the premise that
placing employees at stations of their preference is typically beneficial. The Fire
Department Administration needs a degree of flexibility to accomplish the following
goal:
1. Allow for mentoring
2. Conflict resolution
Station bid adjustments by Fire Department Administration shall be accompanied
by written justification as to the perceived need.
After initial placement, movement of personnel shall be for a maximum period of
six months. At the end of this six-month period, the effected personnel shall return
to their station of choice, unless otherwise articulated in writing citing reasons for
moves for more than six months or for permanent relocation.
Except in extraordinary circumstances no movement of personnel will be initiated
during the months of November and December.
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When movement of personnel is initiated by the Department and is not due to any
fault of the individual(s), the Department will honor all approved time off requests
based on prior commitments by the moved employee .
G. Issue Resolution Committee
Intent:
The intent of the Issue Resolution Committee is to resolve staffing issues at the
lowest possible level with structured collaboration.
Committee membership:
The Issue Resolution Committee (IRC) will consist of two members from
management. The President of Local 3523 will appoint two members from the
employee’s bargaining unit. A fifth member will be chosen by the above four
members. The Fire Chief or the labor President can substitute the members from
management and labor, respectively, for cause.
Issue Resolution:
Local 3523, through their Board of Directors, or Fire Department Administration,
through the Fire Chief, can bring issues to the Committee. Ideally, the IRC will
convene within five business days of receipt of an issue of concern or a question
of process. Issues will be decided based on the information presented to the
committee. Issues or questions will be considered resolved by a vote of 4 out of 5
committee members.
The IRC will review the overall program as it relates to program and department
goals annually or as needed. When appropriate based on the subject matter,
unresolved issues will be addressed at the next contract negotiations.
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The IRC will attempt to resolve issues of a personnel nature, i.e. station placement,
or an interpretation of the process, as they come up. If the committee cannot
resolve an issue, the Fire Chief will resolve the issue.
By mutual agreement of Local 3523 and Fire Department Administration, this
program can be discontinued at any time.
All committee members performing the duties of this committee while off duty will
be compensated (at straight time), hour for hour.
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ARTICLE 46 - DISCIPLINARY PROCEDURE
A. Purpose
The efficient operation of the San Luis Obispo Fire Department (SLOFD) is
dependent on a well-disciplined, cohesive organization. The City and Association
agree that occasions will occur when an employee’s performance and/or behavior
must be reviewed in order to ensure that the mission of the department is not
adversely impacted. The authority for disciplinary action is outlined in the City of
San Luis Obispo’s Personnel Rules and Regulations, 2.36.320. The Personnel
Rules and Regulations will take precedent if there is a conflict between those Rules
and Regulations and this Policy or if not addressed herein.
B. Investigations
It is the responsibility of the Fire Chief, all Chief Officers, and all Company Officers
to maintain discipline and carry out the directive of the department. Any incident or
behavior which does not conform to City and Fire Department policies/procedures
shall be disciplined in the most appropriate manner.
1. When the Fire Chief or any Chief/Company Officer either observes or is
reasonably made aware of an incident that may warrant punitive discipline,
he/she must first determine whether an investigation is necessary. Prior to
conducting an investigation of an incident, the Fire Chief or a
Chief/Company Officer should consult with the Human Resources Director,
as appropriate. The investigation shall be conducted in a fair, objective and
impartial manner under the rules set forth in the “Weingarten Rule”.
2. When any employee is under investigation and subjected to questioning by
his or her commanding officer or any other member of the department that
could lead to punitive action, the questioning shall be conducted under the
following conditions. For the purpose of this chapter, punitive action means
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any action that may lead to dismissal, demotion, suspension, reduction in
salary, permanent written reprimand, or transfer within the Department for
purposes of punishment. Transfer within the Department for the good of the
Department or a notice to correct are excluded from th e definition of
punitive.
Section B shall not apply to any questioning of an employee in the normal
course of duty, counseling, instruction, or informal verbal admonishment by,
notice to correct, or other routine or unplanned contact with, a supervisor or
any other employee, nor shall this section apply to an investigation
concerned solely and directly with alleged criminal activities.
a. The questioning shall be conducted at a reasonable hour, preferably
at a time when the employee is on duty or during the normal waking
hours for the employee, unless the seriousness of the investigation
requires otherwise. IfF the questioning does occur during off -duty
time of the employee being interrogated, the employee shall be
compensated for any off -duty time in accordance with regular
department procedures.
b. An employee under investigation has the right to request the rank,
name, and command of the officer in charge of the questioning, the
questioning officer, and all other persons to be present during the
questioning. All questions directed to the employee under
questioning shall be asked by and through no more than two
investigators at one time.
c. The questioning session shall be for a reasonable period taking into
consideration the gravity and complexity of the issue bei ng
investigated. The person under questioning shall be allowed to
attend to his or her own personal physical necessities.
d. The employee under investigation shall not be subjected to offensive
language, or conduct, or threatened with punitive action, except that
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an employee refusing to respond to questions or submit to
questionings shall be informed that failure to answer questions
directly related to the investigation or questioning may result in
termination. No promise of reward shall be made as an inducement
to answering any question. The employer shall not cause the
employee under questioning to be subjected to visits by the press or
news media without his or her express consent nor shall his or her
home address or photograph be given to the press or news media
without his or her express consent.
e. The complete questioning of an employee under investigation may
be recorded. If the City records the questioning, the employees shall
be provided a copy of the tape upon request. The employee being
interrogated shall have the right to bring his or her own recording
device and record the questioning. If the employee exercises this
right, the City shall be provided a copy of the tape upon request.
f. Employees who have criminal charges pending regarding an incident
under investigation may assert their constitutional rights during the
investigation. Nevertheless, any employee refusing to cooperate in
an investigation is subject to disciplinary action including termination.
g. Employees shall be informed of their right to have a representative
present during questioning which may reasonably lead to punitive
disciplinary action. A reasonable time to obtain the representative
shall be given to the employee. The representative shall not be a
person subject to the same investigation. The representative shall
not be required to disclose, nor be subject to any punitive action for
refusing to disclose, any information received from the employee
under investigation.
h. In accordance with State Law, no employee shall be compelled to
submit to a lie detector test against his or her will. No disciplinary
action or other recrimination shall be taken against an employee
refusing to submit to a lie detector rest, nor shall any comment be
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entered anywhere in the investigator’s notes or anywhere e lse that
the employee refused to take, or did not take, a lie detector test, nor
shall any testimony or evidence be admissible at a subsequent
hearing, trial, or proceeding, judicial or administrative, to the effect
that the employee refused to take, or was subjected to, a lie detector
test. For the purpose of this section, “lie detector” means polygraph,
deceptograph, voice stress analyzer, psychological stress analyzer,
or any other similar device, whether mechanical or electrical, that is
used, or the results of which are used, for the purpose of rendering
a diagnostic opinion regarding the honesty or dishonesty of an
individual.
i. No employee shall have his/her assigned locker searched except 1)
in his/her presence, or 2) with his/her consent, or 3) where he/she
has been notified that a search will be conducted and has failed to
respond within a reasonable timeframe, or notwithstanding the
above, 4) when a valid search warrant has been obtained.
C. Post Investigation/Pre-Discipline Procedure
1. Upon the conclusion of an investigation, those conducting the investigation
shall forward the complete investigation to the Fire Chief who in consultation
with the Human Resource Director or designee shall determine the level of
discipline that is most appropriate. The f ollowing constitutes the levels of
progressive discipline:
Non-Punitive Corrective Action
a) Oral counseling;
b) Oral reprimand with written documentation;
c) Notice to Correct – 1 year in file;
d) Transfer (within the Department) for the good of the Department (i.e.
safety, cohesion).
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Punitive Discipline
e) Official Reprimand – permanent;
f) Suspension/Reduction in compensation;
g) Transfer (within the Department) for purposes of punishment;
h) Demotion;
i) Termination.
Note: Deviations from progressive discipline may occur whene ver the
circumstances warrant that one or more steps in the progressive disciplinary
process be skipped. For example, suspension or termination may occur as
the first level of discipline in appropriate circumstances.
2. Disciplinary action will be handled as outlined in 2.36.330 of the Personnel
Rules and Regulations
3. Corrective action is final.
D. Post-Discipline Appeal Rights
The Post-Discipline procedures will be in accordance with, Sections 2.36.340 and
2.36.350 of the Personnel Rules and Regulations except, however, for employees
represented by SLOFA, Local 3523, Section 2.36.340, C shall be modified to
provide that appeals of disciplinary suspensions of two days or less shall have at
the employee’s request the right of appeal to either the City Manager or to the
Personnel Board, provided the appeal to the Personnel Board is supported in
advance by the Executive Board of SLOFA, Local 3523. Appeals of discipline in
excess of two days shall be made to a hearing officer as set forth in section
2.36.340 B. Appeals to the Personnel Board will be heard in accordance with
Personnel Rules and Regulations Section 2.36.350 – Disciplinary action –
Hearings.
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Note: If the provisions of Sections 2.36.340C in the future are modified to reduce the
threshold for suspensions to the City Manager or to alter the appeal process
applicable to members of SLOPOA, the same provisions will be extended to SLOFA,
Local 3523.
E. Personnel File
The employee must be given the opportunity to review and sign any document
adverse to his/her interests prior to its placement in his/her personnel file.
At reasonable times and at reasonable intervals, upon the request of an employee,
during usual business hours and with 24-hour notice, with no loss of compensation
to the employee, permit that employee to inspect their personnel files that are used
to have been used to determine that employee’s qualifications for employment.
If, after examination of the employee’s personnel file, the employee believes that
any portion of the material is inappropriately or mistakenly placed in the file, the
employee may request, in writing to the Human Resource Director, that the
inaccurate or inappropriate portion be corrected or deleted. Any request made
pursuant to this subdivision shall include a statement by the employee describing
the corrections or deletions from the personnel file requested and the reasons
supporting those corrections or deletions. At the employee’s request, the Human
Resources Director shall hold an informal hearing to determine the final disposition
of any documents in dispute pursuant to this section. At the hearing, the employee
and City appointing authority may present evidence and argument in support of
their respective positions. The Human Resource Director’s decision as to the
disposition of the request is final with no further administrative appeal.
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ARTICLE 47 - FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Union. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City
and the Union except as specifically referred to in this Agreement. During the life of this
Memorandum of Agreement, should either party desire to modify its terms or to meet and
confer with respect to matters within the scope of representation, such party shall request
in writing to meet and confer on such item(s), which item(s) shall be specified in writing.
During the life of this Memorandum of Agreement, either party may refuse such a request
without explanation, and no unilateral action may be taken on the matter wit hin the scope
of representation during the term of this agreement.
Should the City wish to take action on a matter which relates primarily to matters not
within the scope of representation, but impacts matters within the scope of representation,
it shall provide notice to the Union and afford the opportunity to meet and confer on the
impact of its decision(s). If a conflict arises between the MOA and General Operations or
any other policy and procedure, the MOA shall prevail.
Should the City propose to consolidate, merge, and/or contract out the Fire Service
function, it will give notice to the Union and meet and confer on any aspects of the
proposal which fall within the scope of representation.
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ARTICLE 48 - SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by any
court of competent jurisdiction, or if compliance with or enforcement of any provision
should be restrained by any tribunal, the remainder of this Agreement shall not be affected
thereby, and the parties shall enter into a meet and confer session for the sole purpose
of arriving at a mutually satisfactory replacement for such provision within thirty (30) day
work period. If no Agreement has been reached, the parties agree to invoke the provision
of impasse under City Resolution 6620.
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ARTICLE 49 - RENEGOTIATIONS
Pursuant to Resolution No. 6287, (1989 Series): If either party wishes to make changes
to this agreement, that party shall serve upon the other its written request to negotiate as
well as its initial proposals for an amended Agreement. Such notice and proposals must
be submitted to the other party by September 1, 202017. If notice is properly and timely
given, negotiations shall commence no later than October 1, 202017.
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ARTICLE 50 - AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. Local 3523’s principal authorized agent shall be the President (email:
president3523@gmail.com, mailing address: 2160 Santa Barbara Avenue, San
Luis Obispo, California 93401; telephone: (805) 550-01915020).
B. Management's principal authorized agent shall be the Human Resources Director
or his/her duly authorized representative (mailing address: 990 Palm Street, San
Luis Obispo, California 93401; telephone: (805) 781 -7250).
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ARTICLE 51 - TERM OF AGREEMENT
This Agreement shall become effective as of January 1, 20186 and continue in full force
and effect until expiration at midnight, December 31, 202017.
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are shown
in Appendix "A".
2. This Agreement does not apply to Temporary Supplemental Employees or Part-
time employees. This Agreement was effective executed October 18, 2016June
19July 17, 2018, by the following parties.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 3523
_________________________________ ________________________________
Richard C. Bolanos, Chief Negotiator Dale Strobridge, Labor Consultant
_________________________________ ________________________________
Monica Irons, Human Resources Director Jimmy Witt, Local 3523 Representative
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APPENDIX A - CLASSIFICATION
CLASSIFICATION CODE SALARY RANGE
Firefighter 6040 612
Fire Engineer 6020 615
Fire Vehicle Mechanic 6030 616
Hazardous Materials Coordinator 6165 617
Fire Captain 6010 621
Fire Inspector I 6198 626
Fire Inspector II 6200 630
Fire Inspector III 6202 633
Fire Battalion Chief 5010 505
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APPENDIX B - WORK SCHEDULE ILLUSTRATION
The City affirmatively restates its intent to apply the 7(k) exemption under the Federal
Labor Standards Act (FLSA) to this work schedule. For purposes of illustration only, the
shift schedule pattern for employees working a fifty-six (56) hour work week consists of
eight (8) twenty-four (24) hour on-duty periods within a twenty-four (24) day cycle which
is worked in accordance with the following chart:
X = 24-hour on-duty period
O = 24-hour off-duty period
SCHEDULE: XXOOOOXXOOOOXXOOOOXXOOOO
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APPENDIX C - EMPLOYEE RESPONSIBILITIES AND BENEFITS - SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code and reads as follows:
2.36.420
Employee responsibilities and benefits - Sick leave.
A. Sick Leave Defined. "Sick leave" shall be defined as follows:
1. Absence from duty because of illness or off-the-job injury, or exposure to
contagious diseases as evidence by certification from an accepted medical
authority;
2. At each employee's option, absence from duty due to the death of a member
of the "employee's immediate family," meaning spouse, registered domestic
partner, child, brother, sister, parent, parent-in-law, step-parent, step-
brother, step-sister, or any other relative living in the same household,
provided such leave as defined in this subsection shall not exceed five
working days (40 hours for non-shift personnel, 56 hours for shift personnel)
from each incident. The employee may be required to submit proof of
relative's death before being granted sick leave pay;
3. An employee whose memorandum of understanding incorporates a
provision for "family leave" may use sick leave not to exceed three days (24
hours for non-shift personnel, 33.6 hours for shift personnel) per year if
required to be away from his/her job to personally care for a member of the
employee's immediate family as defined in this subsection.
B. Rules Governing Sick Leave.
1. Each incumbent of a line-item position shall accrue sick leave with pay at
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the rate of twelve days (96 hours) or the shift equivalent (134.4 hours) per
year of continuous service since the benefit date.
2. Sick leave may be used after the completion of the month of service in which
it was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the City Manager for the uses of
sick leave in their departments.
5. A department head shall require written proof of illness from an authorized
medical authority at the employee's expense for sick leave use in excess of
five consecutive working days by personnel in his/her department. Su ch
proof may be required for periods of less than five consecutive working days
where there exists indication of abuse.
6. Any employee who is absent because of sickness or other physical disability
shall notify his/her immediate supervisor or department head as soon as
possible but in any event during the first day of absence. Any employee
who fails to comply with this provision without having a valid reason will be
placed on leave of absence without pay during the unexcused absence and
be subject to disciplinary action in accordance with procedures established
by this chapter.
7. Any employee absent for an extended illness or other physical disability
may be required by the Human Resources director to have an examination
by the city's medical examiner at city expense prior to reinstatement to the
city service.
8. An appointing authority, subject to approval of the Human Resources
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director, may require any employee to be medically examined where
reasonable cause exists to believe that an employee has a medical
condition which impairs his/her job effectiveness or may endanger the
health, safety or welfare of the employee, other employees or the public.
Employees who are judged to be physica lly incapable of meeting normal
requirements of their positions may be placed in a classification of work for
which they are suitable when a vacancy exists, or may be separated for
physical disability.
9. In the event that an employee's sick leave benefits become exhausted due
to illness or exposure to contagious disease, the employee shall revert to a
status of leave of absence without pay and be subject to the provisions of
Section 2.36.460.
10. The right to benefits under the sick leave plan shall continue only during the
period that the employee is employed by the city. This plan shall not give
any employee the right to be retained in the services of the city, or any right
of claim to sickness disability benefits after separation from the service o f
the city. When an employee receives compensation under the Worker's
Compensation Act of California, such compensation received shall be
considered part of the salary to be paid to the employee eligible for such
payments as required by state law. The amount paid by the city shall be
the difference between the amount received by the employee from the city's
compensation insurance coverage and the eligible employee's regular rate
of pay.
11. Notwithstanding anything contained in this section, no employee shall be
entitled to receive any payment or other compensation from the city while
absent from duty by reason of injuries or disability received as a result of
engaging in employment other than employment by the city for monetary
gain or other compensation, or by reason of engaging in business or activity
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for monetary or other compensation other than business or activity
connected with his/her city employment.
12. A public safety employee shall not receive sick leave payments while
receiving Worker's Compensation payments.
13. Accumulation of sick leave days shall be unlimited. (Prior code 2708.5)
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APPENDIX CD - SALARY RANGES
Salary Range Listing - January 1, 2018 - December 31, 2020
Date: March 2018
Title Annual Step 1 Annual Step 2 Annual Step 3 Annual Step 4 Annual Step 5 Annual Step 6
FIRE BATTALION CHIEF 111,722$ 117,598$ 123,786$ 130,312$ 137,176$ 144,404$
FIRE CAPTAIN 87,178$ 91,754$ 96,590$ 101,660$ 107,016$
FIRE ENGINEER 74,594$ 78,520$ 82,654$ 86,996$ 91,572$
FIRE FIGHTER 61,984$ 68,874$ 72,488$ 76,310$ 80,314$ 84,552$
FIRE INSPECTOR I 62,660$ 65,962$ 69,420$ 73,086$ 76,934$
FIRE INSPECTOR II 69,524$ 73,190$ 77,038$ 81,094$ 85,358$
FIRE INSPECTOR III 75,140$ 79,092$ 83,252$ 87,646$ 92,248$
FIRE VEHICLE MECHANIC 76,440$ 80,470$ 84,708$ 89,154$ 93,834$
HAZARDOUS MATERIALS COORD 89,856$ 94,588$ 99,554$ 104,806$ 110,318$
Date: July 2019
Title Annual Step 1 Annual Step 2 Annual Step 3 Annual Step 4 Annual Step 5 Annual Step 6
FIRE BATTALION CHIEF 113,958$ 119,964$ 126,282$ 132,938$ 139,932$ 147,290$
FIRE CAPTAIN 88,920$ 93,600$ 98,514$ 103,688$ 109,148$
FIRE ENGINEER 76,050$ 80,054$ 84,266$ 88,712$ 93,392$
FIRE FIGHTER 63,206$ 70,226$ 73,918$ 77,818$ 81,926$ 86,242$
FIRE INSPECTOR I 63,934$ 67,288$ 70,824$ 74,542$ 78,468$
FIRE INSPECTOR II 70,928$ 74,672$ 78,598$ 82,732$ 87,074$
FIRE INSPECTOR III 76,648$ 80,678$ 84,916$ 89,388$ 94,094$
FIRE VEHICLE MECHANIC 77,948$ 82,056$ 86,372$ 90,922$ 95,706$
HAZARDOUS MATERIALS COORD 91,650$ 96,486$ 101,556$ 106,912$ 112,528$
Date: July 2020
Title Annual Step 1 Annual Step 2 Annual Step 3 Annual Step 4 Annual Step 5 Annual Step 6
FIRE BATTALION CHIEF 116,246$ 122,356$ 128,804$ 135,590$ 142,714$ 150,228$
FIRE CAPTAIN 90,688$ 95,472$ 100,490$ 105,768$ 111,332$
FIRE ENGINEER 77,610$ 81,692$ 85,982$ 90,506$ 95,264$
FIRE FIGHTER 64,480$ 71,630$ 75,400$ 79,378$ 83,564$ 87,958$
FIRE INSPECTOR I 65,182$ 68,614$ 72,228$ 76,024$ 80,028$
FIRE INSPECTOR II 72,358$ 76,154$ 80,158$ 84,370$ 88,816$
FIRE INSPECTOR III 78,156$ 82,264$ 86,606$ 91,156$ 95,966$
FIRE VEHICLE MECHANIC 79,534$ 83,720$ 88,114$ 92,742$ 97,630$
HAZARDOUS MATERIALS COORD 93,496$ 98,410$ 103,584$ 109,044$ 114,790$
Summary of Changes: 1% COLA
Summary of Changes: 2% COLA
Summary of Changes: 2% COLA
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Labor Relations Objectives
Adopted by Council September 23, 2014
Revised by Council March 20, 2018
1. Maintain fiscal responsibility by ensuring that fair and responsible employee
compensation expenditures are supported by on-going revenues. (Theme –
Fiscal Responsibility)
2. Continue to make progress in the area of long-term systemic pension cost
containment and reduction, including reversing the unfunded pension liability
trend and other actions consistent with State law. (Theme – Cost
Containment/Reduction)
3. Continue to effectively manage escalating health benefit costs through balanced
cost sharing and other means while maintaining comprehensive health care
coverage for all eligible employees. (Theme – Cost Containment)
4. As necessary to attract and retain well qualified employees at all levels of the
organization, provide competitive compensation as articulated in the City’s
Compensation Philosophy, including relevant local, statewide or national labor
markets. (Theme – Recruitment and Retention)
5. Employee labor agreements will be negotiated in good faith, in a timely manner
that avoids retroactivity provisions unless there is a compelling need. (Theme –
Cost Containment)
6. Contract provisions shall take into consideration the City’s ability to effectively
and efficiently implement and administer them using the City’s financial and
human resources systems to ensure accuracy and compliance with federal,
state, and local laws. (Theme – Best Practices and Compliance)
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Comprehensive Settlement Agreement
with the International Association of
Firefighters, Local 3523
Monica Irons, Human Resources Director
Nickole Sutter, Human Resources Analyst II
July 17, 2018
Four Outstanding Issues coming to
Resolution
1.Dismissal of the Staffing Grievance
2.Settlement of a Federal Lawsuit (Baskin v. City of
San Luis Obispo) alleging violations to the Federal
Labor Standards Act
3.Agreement that Fire Battalion Chief’s are Exempt
from Overtime
4.Successor Memorandum of Agreement
*All in alignment with the City’s Fiscal Health Response
Plan
Successor Memorandum of
Agreement Recommendation
Term: January 1, 2018 to December 31, 2020
Cost of Living Adjustments:
1% COLA March 2018
2% COLA July 2019; Employee contribution to CalPERS
increased by 1.5%.
2% COLA July 2020; Employee contribution to CalPERS
increased by an additional 1.5%.
PERS Retirement Cost-Sharing: 3% more paid by employees
Annual Health Insurance Cost-Sharing
One-Time Payments
Fiscal Impact
Modeled in the 10-year forecast
In line wit the Fiscal Health Response Plan and Labor
Relations Objectives
Questions