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HomeMy WebLinkAboutR-6711 ADOPTING MOA BETWEEN THE CITY and THE SAN LUIS OBISPO FIREFIGHTERS ASSOCIATION FOR 7-1-1989 - 6-30-1994RESOLUTION NO .6711 (1989 SERIES ) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUI SOBISPO ADOPTING AND RATIFYING THE MEMORANDUM O FAGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AN DTHE SAN LUIS OBISPO FIREFIGHTERS ASSOCIATION FOR TH EPERIOD JULY 1, 1989 - JUNE 30, 1994 . BE IT RESOLVED by the Council of the City of San Luis Obisp o as follows : Section 1 . The Memorandum of Agreement between the City o f San Luis Obispo and the San Luis Obispo Firefighters Association , attached hereto as Exhibit "A" and incorporated herein by thi s reference, is hereby adopted and ratified . Section 2 . The Finance Director shall increase the Personne l Services appropriation accounts to reflect the negotiate d compensation changes . Section 3 . The City Clerk shall furnish a copy of thi s resolution and a copy of the executed Memorandum of Agreemen t approved by it to : Dan Wunsch, President SLO FFA ; Ann McPike , Personnel Director ; Bill Statler, Finance Director . On motion of Councilman Settle, seconded by Councilwoman Rappa an d on, the following roll call vote : AYES : Councilmembers Settle, Rappa, Pinard, Reiss and Mayor Duni nNOES:Non e ABSENT :Non e the foregoing Resolution was passed and adopted this 14th day o f November, 1989 . 6711 Resolution No . 6711 (1989 Series ) ATTEST : Cit Clerk, Pam a oge s APPROVED : O(IttoakI.Personnel Director CITY OF SAN LUIS OBISP O MEMORANDUM OF AGREEMEN T SAN LUIS OBISPO FIREFIGHTERS' AGREEMEN T July 1,1989 through June 30, 1994 TABLE OF CONTENT S Article No .Title Paste No . 1 Parties to Agreement 1 2 Recognition 2 3 Dues Deduction .3 4 Employee Rights 4 5 Management Rights .5 6 Representative Role .6 7 Communication Process 7 8 Job Descriptions 8 9 Promotional Opportunities 9 10 Grievance Procedure .1 0 11 Salary 1 4 12 Pay Incentives .1 7 13 Overtime .1 8 14 Emergency Call Back .2 0 15 Work Out of Grade .2 1 16 Standby .2 2 17 Educational Incentive 2 3 18 Uniform Allowance .2 6 19 Insurance .2 8 20 Retiree's Medical Insurance 3 0 21 Vacation Leave 3 1 22 Leave Of Absence 3 4 23 Holidays .3 5 24 Bereavement Leave 3 7 25 Sick Leave ..3 8 26 Family Leave 3 9 27 Workers' Compensation Leave 4 0 28 Light Duty 4 1 29 Safety 4 2 30 Reserve Firefighters 4 3 31 Retirement 4 4 32 Hours 4 6 33 Health/Fitness 4 8 34 Salary Survey Cities 49 4 Article No .Title Pape No .1 35 Work Actions .5 0 2 36 Full Agreement .5 2 3 37 savings Clause .5 3 38 Renegotiations 5 44 39 Authorized Agents 5 55 40 Term of Agreement 5 66 Appendix "A" - Classification .5 77 Appendix "B" - Work Schedule Illustration 5 88 Appendix "C" - Sick Leave - Municipal Code 5 99 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 25 26 2 7 28 ARTICLEI PARTIES TO AGREEMENT This Agreement is made and entered into this fourteenth day o f November, 1989, by and between the City of San Luis Obispo , hereinafter referred to as the City, and the San Luis Obisp o Firefighters' Association, hereinafter referred to a s Association . Nothing in this Agreement between the parties shall invalidat e nor be substituted for any provision in City Resolution No . 662 0 (1989 Series) unless so stipulated to by provision(s) containe d herein and agreed to . 1 . 2 3 4 5 6 7 8 9 10 ARTICLE2 RECOGNITION Pursuant to Government Code Section 3500 et seq and Cit y Resolution No . 6620 (1989 Series), the City hereby recognizes th e San Luis Obispo Firefighters' Association as the bargainin g representative for purposes of representing regular an d probationary employees, occupying the position classification s set forth in Appendix A, in the Fire Unit with respect to thei r compensation, hours and other terms and conditions of employmen t for the duration of this Agreement . 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 22 23 2 4 25 26 27 28 2 ARTICLE3 DUES DEDUCTIO N The City shall deduct dues from City employees and remit sai d dues to the Association on a monthly basis for the duration o f this Agreement, which dues shall not include assessments . Monthly dues deduction additions and/or deletions shall b e recorded by the City's Finance Officer and a notification of al l dues transactions shall be sent monthly to the Associatio n President . The Association shall hold the City harmless from any and al l claims, and will indemnify it against such claims and any unusua l costs . The Association shall refund to the City any amount paid to th e Association in error, upon presentation of supporting evidence . 3 ARTICLE4 EMPLOYEE RIGHT S Employees of the City shall have the right to form, join an d participate in the activities of employee organizations of thei r own choosing for the purpose of representation on all matters o f employer-employee relations including but not limited to, wages , hours and other terms and conditions of employment . Employees o f the City also shall have the right to refuse to join o r participate in the activities of employee organizations and shal l have the right to represent themselves individually in thei r employment relations with the City . No employee shall b e interfered with, intimidated, restrained, coerced o r discriminated against because of the exercise of these rights . 4 28 2 0 2 1 2 3 2 6 2 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 22 24 2 5 1 9 2 3 4 5 6 7 ARTICLE5 MANAGEMENTRIGHTS The rights of the City include, but are not limited to, th e exclusive right to determine the mission of its constituen t departments, commissions and boards ; set standards of service ; determine the procedures and standards of selection fo r employment and promotion ; direct its employees ; take disciplinar y action ; relieve its employees from duty because of lack of work or for other legitimate reasons ; maintain the efficiency o f governmental operations ; determine the methods, means an d personnel by which government operations are to be conducted ; determine the content of job classifications ; take all necessary actions to carry out its mission in emergencies ; and exercis e complete control and discretion over its organization and th e technology for performing its work . 5 ARTICLE6 REPRESENTATIVE ROL E Members of any recognized employee organization may, by a reasonable method, select not more than three employee members o f such organization and one employee observer to meet and confe r with the Municipal Employee Relations Officer and othe r management officials (after written certification of suc h selection is provided by an authorized official of th e organization) on subjects within the scope of representatio n during regular duty or work hours without loss of compensation o r other benefits . The employee organization shall, wheneve r practicable, submit the name(s) of each employee representativ e to the Municipal Employee Relations Officer at least two workin g days in advance of such meeting . Provided further that no employee representative shall leave hi s or her duty or work station or assignment without specifi c approval of the department head or other authorized Cit y management official . If employee representatives cannot b e released for good reason, the date of meeting will be reschedule d to a mutually acceptable day . 6 2 3 4 5 6 7 8 2 1 22 S ARTICLE7 COMMUNICATION PROCES S Pursuant to City Resolution 6287 (1989 Series) the City agree s with the Association to improve communications and provide fo r the following : A Monthly Conference s There will be a monthly meeting between the departmen t head and management member(s) and a least two (2 ) association representatives to discuss problems or othe r subjects of mutual interest . Minutes of the meeting wil l be maintained to reflect topics discussed, actions to b e taken, the party responsible for any action and th e expected completion date . B Quarterly Meeting s Two to four representatives of the Association, the Cit y Administrative Officer (or designee), department head (o r designee), and management representative(s) designate d by the City will meet quarterly if there are issues o f concern to the parties . No issues will be brought t o this quarterly meeting without first having bee n discussed with the department head at a scheduled monthl y meeting . 2 3 24 2 5 2 6 2 7 28 7 2 3 4 5 6 ARTICLE8 JOB DESCRIPTION S The Personnel Department will revise the job descriptions fo r classifications represented by the Association within twelve (12 ) months of adoption of this agreement, and will forward draf t copies to the Association for review . 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 22 2 3 2 4 2 5 2 6 2 7 28 8 2 3 4 5 6 ARTICLE9 PROMOTIONAL OPPORTUNITIE S Announcements for promotional opportunities for members of th e Association will list testing and scoring processes that will b e followed . Once defined, testing and scoring processes will no t be modified . 7 8 9 1 8 1 9 2 0 2 1 2 2 2 3 2 4 25 26 27 28 9 ARTICLE 1 0 GRIEVANCE PROCEDUR E A.A grievance is an alleged violation, misinterpretation o r misapplication of the Employer-Employee Resolution, th e Personnel Rules and Regulations, any memorandum of agreemen t with an employee association or any existing written polic y or procedure relating to wages, hours or other terms an d conditions of employment excluding disciplinary matters . B.Any employee may file and process a grievance by providin g the time, place and circumstances of the action promptin g the grievance . Employees may be accompanied by a representative at each step of the process . If a specifi c action to be grieved affects several employees, thos e employees may consolidate their grievance and b e represented . C.Each Grievance shall be handled in the following manner : 1.The employee who is dissatisfied with the response o f the immediate supervisor shall discuss the grievanc e with the supervisor's immediate superior . If th e matter can be resolved at that level to th e satisfaction of the employee, the grievance shall b e considered terminated . 2.If still dissatisfied, the employee may immediatel y submit the grievance in writing to the department hea d for consideration, stating the facts on which it wa s based, including the provision of the rules , 10 regulations or agreement said to be violated, and th e proposed remedy . This action must take place withi n fifteen business days of the occurrence of th e grievance . The department head shall promptly conside r the grievance and render a decision in writing withi n fifteen business days of receiving the writte n grievance . If the employee accepts the departmen t head's decision, the grievance shall be considere d terminated . D.If the employee is dissatisfied with the department head's decision, the employee may immediately submit the grievanc e in writing to the personnel director within five busines s days of receiving the department head's decision . Th e personnel director shall confer with the employee and th e department head and any other interested parties, and shal l conduct such other investigations as may be advisable . E.The results or findings of such conferences an d investigations shall be submitted to the City Administrativ e Officer in writing within fifteen business days of receivin g the employee's written request . The city administrativ e officer will meet with the employee if the employee s o desires before rendering a decision with respect to th e complaint . The city administrative officer's decision shal l be in writing and given to the employee within fiftee n business days of receiving the personnel director's result s and findings . Such decision shall be final unless th e 11 employee desires a review of the decision . If the employee desires a review of the decision th e procedure is as follows : 1 .Hearing Officer (for employees represented by SLOPOA o r S LOFA ) a.The employee will have five business day s following receipt of the city administrativ e officer's decision to submit a written request t o the personnel director for review of the decision . The personnel director will obtain a list of fiv e potential hearing officers from the Stat e Mediation and Conciliation Service . The n following a random determination of which part y (city or appellant) begins, parties shal l alternately strike one name from the list unti l only one remains . b.Within 30 business days, the hearing officer shal l review the record and conduct a hearing on th e matter . Within ten business days the hearin g officer shall render a decision which shall b e final . c.Any dispute regarding the eligibility of an issu e for the grievance process may be appealed throug h the process ultimately to the hearing officer wh o shall decide on the eligibility prior to ruling o n the merits . d.Any fees or expenses of the hearing officer shal l 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 2 6 2 7 28 12 13 I be payable one-half by the city and one-half by the Association . All other expenses shall b e borne by the party incurring the expense . e .The city reserves the right to make the hearin g officer's opinion advisory or to replace th e hearing officer position in the grievance proces s with the personnel board for an employe e organization after July 1993 provided that : 1.The hearing officer has ruled on at leas t five separate grievances of the Association ; an d 2.The city has been sustained in at least 65 % of the determinations on grievances filed b y members of the Association . 28 ARTICLE 1 1 SALARY Section A Rules Governing Step Increase s The rules governing step increases for employees covered by thi s MOA are included in the current Salary Resolution with th e following modification : The Fire Chief shall be authorized t o reevaluate employees who reach Step 5 in their pay range . An employee who is not performing up to standard for the fifth ste p shall be notified in writing that the department head intends t o reduce him one step unless his job performance improve s significantly within a 60-day period . Unless the employee's jo b performance improves to an acceptable level by the end of 6 0 days, the pay reduction shall then become effective . The fift h step may be reinstated at any time upon recommendation of th e department head . If the Fire Chief deems it necessary to agai n remove the fifth step during the same fiscal year, he may mak e the change at any time with three business days written notice . Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 95% of the next highest step, computed to th e nearest one dollar . Step 4 = 95% of Step 5 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 Step 1 - 95% of Step 2 Each across-the-board percent salary increase shall raise step 5 of range 321 by that percent . Step 5 of each successive salar y 14 range shall be 2 .63% above step 5 of the next lower range . Afte r all step 5's of salary ranges have been established, each step 5 shall be rounded off to the nearest dollar and the remainin g steps established in accordance with the above formula . Employees who are eligible for advancement to Step 4 or 5 mus t receive at least a "competent" rating on their most recen t performance evaluation prior to or coincident with their bein g eligible for advancement by time in grade . Competent is define d as "Performance meets standards of a qualified employee ." Section B Salary Provisions for Term of Agreemen t Effective the first full pay period in the following months, th e following salary increases shall be implemented : July,1989 5 % January,1990 5 % July,1990 5 % January, 1991 3 % July,1991 4 % January, 1992 4 % July,1992 4 % January, 1993 3 % July,1993 4 % January, 1994 3% Section C "Y" Ratin q An employee who is not performing up to established job standard s may be "Y" rated, freezing his salary until such time- as there i s27 28 1 5 S an improved job performance . The department head shall give 6 0 days written notice to any employee 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 th e employee being frozen below the next lower step of the new range . Section D Payda y Paychecks will be disbursed on a bi-weekly schedule . Payday wil l be every other Thursday . This disbursement schedule i s predicated upon normal working conditions and is subject t o adjustment for cause beyond the City's control . Section E Paychecks Prior to Vacatio n If an employee is taking vacation leave and wishes to receive hi s regular paycheck before payday, the employee must notify th e Finance Department in writing at least two weeks prior to th e start of vacation, provided the employee has sufficient vacatio n time coming to cover the pay period . 16 ARTICLE 1 2 PAY INCENTIVE S SectionA :Paramedic Incentiv e Effective the first full pay period in July 1989, the City shal l pay three hundred twenty five dollars ($325 .00) per month pa y incentive to those firefighters or other approved fire personne l assigned to EMT Paramedic duties by the Fire Chief . Effective the first full pay period in July of 1991, the EM T Paramedic incentive shall be increased to $375 .00 per month . Paramedics required to recertify shall be granted four (4) hour s training time per month for six (6) months prior to th e recertification . Such hours shall be scheduled by the Departmen t during the normal working day . Section B :Station I Captain Incentiv e Effective the first full pay period following July 1, 1989, fir e captains regularly assigned to Station I shall receive a $100 pe r month pay incentive . Should Station I have fewer than 2 piece s of staffed emergency response equipment, this incentive shall b e eliminated . Mandatory assignments to Station I for Captain s shall not exceed two consecutive years . 17 ARTICLE 1 3 OVERTIM E 1.Firefighters, Fire Engineers and Fire Captains assigned t o 24 hour shift duty shall receive overtime pay at time-and - one-half computed at their base salary for those hour s worked in excess of regularly scheduled shifts . 2.Firefighters, Fire Engineers and Fire Captains assigned t o 24-hour shift duty are assigned to work one hundred an d twenty (120) hours in a fifteen (15) day pay cycle . Employees in these classifications who work more than on e hundred and fourteen (114) hours during a pay cycle, shal l be paid time and one-half (1 1/2) for all hours worked i n excess of one hundred and fourteen (114) hours worked in th e fifteen (15) day pay cycle . Paid time-off shall not b e counted as time worked when calculating this overtime pay . 3.All other personnel shall receive overtime pay at time-and - one-half computed at their base salary for all hours worke d in excess of forty (40) hours per week including holiday , sick leave and vacation unless they elect to tak e compensating time off at straight time . 4.All overtime shall be authorized in writing by the Fir e Chief prior to being compensated . 18 5 . All overtime shall be paid to the nearest quarter hou r worked where no minimum is authorized . 19 ARTICLE 1 4 EMERGENCY CALL BAC K 1.The minimum call back hours provided below shall be paid a t straight time pay . 2.Shift personnel who are unexpectedly called back to work after completing their shift and having left the worksit e shall be paid a 6-hour minimum guarantee . 3.Inspectors who are unexpectedly called back to work afte r completing their shift and having left the worksite shall b e paid a 3-hour minimum guarantee when acting in the capacit y of an Inspector at the scene or in immediate follow-u p investigative work . 4.The Fire Vehicle Mechanic shall receive a minimum of 4 hour s for emergency call back or time and one-half for hour s actually worked, whichever is larger . 5.Employees who are called back as defined above shall receiv e the minimum provided by this article or pay for the wor k performed, whichever is larger . 20 ARTICLE 1 5 WORKOUTOFGRAD E Employees temporarily assigned to work in a higher classificatio n will receive one step additional pay but in no case more than th e top step for the higher classification under the followin g conditions : 1.The assignment exceeds ten (10) consecutive work days, o r five (5) consecutive shifts for all shift employees ; i n which case the step increase becomes effective on th e eleventh (11) work day or in the sixth (6th) shift . 2.The person being temporarily replaced is on extended sick o r disability leave or the position is vacant and a n examination is pending . Employees not eligible for the step increase (under 10 days ) shall receive credit for compensating time off (CTO) on th e following basis : Hours Worked CTO Earne d 2-12 1/2 hou r 12-24 1 hou r Effective January 1, 1990, credit for compensating time off (CTO ) for working out of grade shall be increased as follows : Hours Worked CTO Earne d 0-6 0 hour s 6-12 1 hou r 12-24 2 hour s Each calendar quarter, employees may elect to receive payment fo r accrued CTO at straight time . CTO earned before January 1, 199 0 is not eligible for payment . 2]. ARTICLE 1 6 STANDB Y Employees below the rank of Fire Marshal/Battalion Chief o n standby shall be compensated one hour's pay for each eight . (8 ) hour incident with a minimum of two (2) hours straight time pa y for each assigned standby period . 22 ARTICLE 1 7 EDUCATIONALINCENTIV E The City agrees to establish an educational incentive pay plan . The educational incentive pay will be paid pursuant to one of th e two plans outlined below : PLANA 1 .Definition of Eligibilit y A.All Employees currently receiving educational incentiv e pay as of 6/30/81 . B.All employees in the unit meeting the followin g requirements : (1)Have been employed by the department for at leas t one year as of 9/30/81 . (2)Have completed by June 30, 1981 at least 3 0 semester units toward an approved degree includin g having successfully completed a minimum of si x semester units within the last 18 months . (3)Successfully completed at least six semester unit s per year until degree is complete ; and (4)Must receive degree by December 31, 1983 . 2 .Basic Benefits .Educational incentive pay shall not star t for one year after employment with the City of San Lui s Obispo, but credit will be given for approved educatio n obtained prior to that time . The basic benefit will consis t of $50 per month for possession of an A .A ., or equivalen t degree from an accredited community or junior college ; an d one hundred dollars per month for a B .A . or equivalen t degree from an accredited four year college or university . 23 Total incentive pay shall in no case exceed one hundre d dollars per month . 3.Job Related Fields .Degrees must be in fields which ar e directly job related and if not, at least 30 semester unit s leading toward the appropriate degree with a grade of "C" o r better must be included . 4.Application and Approval .Application for the incentive pa y shall be made by the employee to the department head a t least 30 days before the date the payment of the incentiv e pay is to be effective . Approval of the department head an d the Personnel Director shall be required . 5.Unsatisfactory Performance .In the event an employe e receiving the incentive pay is not performing up to th e established standards set for the job, the department hea d with the concurrence of the City Administrative Officer, ma y suspend payment of the incentive pay until such time as th e employee's work performance comes up to the standard level , in the opinion of the department head and concurred in b y the City Administrative Officer . 6.Non-Applicability .It is the City's intention not to pa y the educational incentive for any degree which is require d for the position held by the employee . Educationa l incentives shall not be paid for education received on Cit y time . The education incentive shall be removed if th e employee is promoted to a position which does not entitl e employee to such incentive . 24 PLANB 1 .Definition of Elicibility . A.All current employees not eligible for Plan A . B.All employees hired on or subsequent to June 30, 1981 . 2 .Eligibility . A.Employees eligible for Plan B must be employed by th e City of San Luis Obispo for one year before any paymen t will be made . B.Must successfully complete within a 12-month period , commencing on or after July 1, 1980, 6 semester units , or 9 quarter units, in college level course work i n fire science courses or classes approved by the Fir e Chief . Provided such courses shall be completed at th e employee's own expense and during off-duty hours . 3 .Incentive Pay .The educational incentive pay shall b e $50 .00 per month for a period of 12 months . Tuition and Book s If an employee holds a position which does not qualify him fo r incentive pay, the employee will be eligible to receive paymen t for 50% of tuition and books for approved job-related course s upon satisfactory completion of same with a grade of "C" o r better . 25 ARTICLE 1 8 UNIFORM ALLOWANC E A.Each sworn employee shall be required to wear an approve d uniform to promote the department's public image, except fo r the positions designated by the Fire Chief as only requirin g occasional usage . Such positions shall receive one-half o f the regular allowance .Effective July 1, 1989, eac h employee shall receive an annual allowance of $600 pai d semi-annually to be spent on the purchase and maintenance o f department-approved uniforms . Effective July 1, 1992, th e allowance shall increase to $700 .00 Said allowance shall b e paid directly to each eligible employee on or about the 7t h of July and the 7th of January . The Fire Chief or his/he r designated representative shall conduct an inspection a t least once a year to ensure that each employee has th e minimum number of uniforms and that all uniforms mee t department standards regarding safety and appearance . Employees whose uniforms do not meet standards may b e subject to disciplinary action . B.A uniform allowance cash advance will be given to ne w employees for purchase of their uniforms . If the employe e severs employment with the City or is terminated within on e (1) year, the cash advance shall be deducted from th e employee's last paycheck . C.Where the agreement refers to uniform standards, it shal l mean the following : The Fire Chief shall establish an d maintain a set of standards for the maintenance, care an d wearing of employee uniforms . Such standards shall b e 26 on file in the Fire Chief's office, in each fire station , and in the Personnel Director's office . D .Employees will be responsible to purchase and maintai n health/fitness clothes, including appropriate athletic , footwear . Appropriate health/fitness clothing will b e determined through agreement between the Association and th e Department . E . 1 .The City shall reimburse the cost in excess of te n ($10 .00) dollars, for repairing or replacing Department approved uniforms which are damaged within the cours e of employment . No reimbursement shall be made if th e damage was due to negligence on the part of th e employee . At the time of damage, the employee wil l submit a report documenting where and how the unifor m was damaged . 2 .The Fire Chief shall determine the use and extent o f wear of damaged items . Replacement amounts shall b e prorated . The Department will establish administrativ e regulations consistent with this section . F.The City will bear any additional costs resulting from Cit y mandated changes in required uniform items during the ter m of this agreement . 27 ARTICLE 1 9 INSURANCE;, A .Effective December 1, 1989, the City shall contribut e $300 .00 per month for medical, dental, and life insuranc e for each regular, full time employee in the Unit . Thi s amount shall be increased annually during the term of thi s agreement as follows : December 1,1990 $325 .0 0 December 1,1991 350 .0 0 December 1,1992 375 .0 0 December 1,1993 400 .00 B.City shall have the right to change insurance costs durin g the term of this Agreement . Any costs in excess of th e established contribution rates shall be paid by th e employee . C.City shall pay to each full-time regular employee b y December 22, an annual lump sum payment (subject t o appropriate taxation) for the difference between the amoun t provided under Section A, or the prorated share for les s than full-time employees, and any lesser sum expended by th e employee for medical and dental coverage for the period o f January 1 through December 31 . Parties agree that City payment of this lump sum is based on favorable tax treatmen t by the IRS and the State Franchise Tax Board . Should suc h tax treatment change, the Association and the employees hol d harmless the City,its officers and agents, including bu t 2 8 not limited to, liability for back taxes, arising out o f this Agreement to pay such lump sum . Should tax treatmen t change, the Association shall have the opportunity to mee t and confer regarding the impact of such changes . D.Each employee shall be required to carry both medical an d dental insurance for self . The City agrees to maintain th e current level of benefits but reserves the right to choos e insurance carriers and/or the method of insuring and fundin g these benefits . E.The Association shall actively participate in the Medica l Plan Review Committee . Such committee shall review medica l plans and may recommend medical plans . 29 ARTICLE 2 0 RETIREE'S MEDICAL INSURANCE Employees covered by this Agreement who meet all of th e conditions set forth below may continue group medical coverage a t group rate paid totally by the employee . The qualifyin g conditions are : A.The employee must retire from City service, apply for an d actually receive retirement benefits through the City's retirement system . B.The employee must be at least 50 years of age . C.The employee must have at least ten (10) years of servic e with the City . D.The employee may have dependent coverage only for thos e dependents covered for the last year of employment with th e City . l;•All employee and dependent coverage will cease upon th e death of the employee or upon the employee reaching age 65 . This benefit only applies to employees who retire during the ter m of this Agreement . This benefit shall continue beyond June 30 , 1994, if, and only if, there is mutual agreement of the partie s to continue such benefit . 30 ARTICLE 2 1 VACATION LEAV E 1.Each incumbent of a 40-hour a week line-item position shal l accrue vacation leave with pay at the rate of 12 days pe r year of continuous service since the benefit date for th e first five years ; 15 days per year upon completion of fiv e years ; 18 days per year upon completion of ten years ; and 2 0 days per year upon completion of twenty years . Employee s scheduled for more that 40 hours per week shall receive th e equivalent number of vacation days prorated to the number o f regularly scheduled work hours . 2.An incumbent is not eligible to use accrued vacation leav e until after the completion of the sixth calendar month o f service since the benefit date . 3.An employee who leaves the City service shall receiv e payment for any unused vacation leave . 4.Department Heads shall be responsible for arranging a vacation schedule, first with the needs of the City as th e determining factor and, second, insofar as possible, with the wishes of the employee . 5.There will be no accrual of vacation leave to non-shif t employees in excess of 200 hours or 25 accrued days . Maximum accrual of vacation leave for shift employees is 30 0 hours except as noted in Section E . 6.VACATION USE : A .Vacation shall be selected by seniority based on shif t assignment for shift employees and by seniority for no n shift employees . The employee with the most seniorit y 31 shall select first, with the following choices made i n descending order of seniority . B.First choice vacation shall be made durin g November/December each year . The first choice shall b e a minimum of five (5) shifts off within one (1) cycle . C.First choice vacation selected for the months of Ma y through October must be taken in blocks of five (5 ) shifts off within one (1) work cycle . D.The maximum first choice vacation that may be selecte d for the months of May through October is ten (10 ) shifts off taken within two (2) work cycles . E.Employees who don't select first choice vacation to b e taken during the months of May through October, shal l have vacation that is accrued over 300 maximum paid of f bi-weekly . Vacation accrued by such employees outsid e of the May through October time period shall not excee d the 300 hour maximum . F.Employees have the right to have one (1) employee of f on scheduled vacation per shift . G.Employees have the right to unscheduled vacation a s provided in the current departmental Operations Manual . H.Time off by Battalion Chiefs is not included in th e determination of the number of employees on vacatio n per E and F above . I.If an employee's first choice vacation is changed b y direction of the department, such change shall no t cause an employee to lose vacation that may be accrue d above the 300 hour maximum . In this case, the employe e 32 shall ha 7c tti cho 4 r of using the vacation at anothe r time or receiving payment for the changed vacation . J.If an employee must cancel vacation for good reason, a s defined by management, the vacation above the 300 hou r maximum shall be paid as accrued . K.Employees may cancel scheduled vacation for any reaso n with a minimum of 30 days advance written notice to th e Fire Chief or his/her designated representative . Maximum vacation accruals will not be waived fo r vacation cancelled pursuant to this section . 33 I i ARTICLE 22, LEAVE OF ABSENCE, Leave without pay for up to one week per year may be granted b y the Department Head . When possible, such leave requests shall b e in writing and approved in advance . All other leave of absenc e requests shall be handled in accordance with Section 2708 .9 o f the Personnel Rules and Regulations . 34 ARTICLE 2 3 HOLIDAY S A.The following days of each year are designated as pai d holidays : January 1 - New Year's Da y Third Monday in February - Washington's Birthda y Last Monday in May - Memorial Da y July 4 - Independence Da y First Monday in September - Labor Da y November 11 - Veteran's Da y Fourth Thursday in November - Thanksgiving Da y Friday after Thanksgivin g December 25 - Christma s One-half day before Christma s 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 b e observed . When a holiday falls on a Sunday, the following Monday shall b e observed . B.Each employee on 24-hour shift duty shall earn 5 .6 hours o f holiday leave semi-monthly, in lieu of fixed holidays . Such employees shall receive payment at straight time hourl y rate for a portion of their earned holiday leave (2 .4 hours) each bi-monthly payroll period . The remainder of the employee's annual holiday leave (7 2 35 hours ; chill be advanced to the employee effective 1 July o f each year . Such holiday leave may be taken off by th e employee as provided in the current departmental operation s manual . Each calendar quarter, an employee has the option o f receiving payment for one-forth (1/4) of his/her advance d holiday leave . The combination of holiday leave taken of f and payment of advanced holiday time, may not exceed 7 2 hours . If an employee terminates-for any reason, having taken of f hours in excess of his/her prorated share, the value of th e overage will be deducted from the employee's final paycheck . C .Floating (8 hour) holidays for non-shift employees . Th e accrual dates are 1 January and 1 July . If not used in th e calendar year in which earned, they are lost . it is th e responsibility of the employee to make the request for a floating holiday reasonably in advance of the requested da y off . 36 ARTICLE 2 4 BEREAVEMENT LEAVE At each employee's option, absence from duty due to the death o f a member of the employee's immediate family, meaning spouse , child, brother, sister, parent, parent-in-law, step-parent, step - brother, step-sister, grandparent, or any other relative livin g in the same household, provided such leave as defined in thi s section shall not exceed five (5) working days or the shif t equivalent (56 hrs .) from each incident . The employee may b e required to submit proof of relative's death before being grante d sick leave pay . False information given concerning the death o f relationship shall be cause for discharge . 37 ARTICLE 2 5 SICK LEAV E Sick leave is governed by Section 2 .36 .420 of the Municipal Code . (See Appendix C attached). Upon termination of employment b y death or retirement, a percentage of the dollar value of th e employee's accumulated sick leave will be paid to the employee , or the designated beneficiary or beneficiaries, according to th e 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 - 10 % (b)After twenty years of continuous employment - 15 % (3) Job-related disability retirement and actua l commencement of PERS benefits - 75% with a maximum o f 1000 hours payoff (75% of 1333 .3 accrued hours .) 38 ARTICLE 2 6 FAMILY LEAVE 1.An employee may take up to two (2) days (16 hours) or th e shift equivalent for shift employees (22 .4 hours) of sic k leave per year if required to be away from the job t o personally care for a member of his/her immediate family . 2.An employee may take up to five days (forty hours) or th e shift equivalent for shift employees (56 hours) of sic k leave per year if the family member is a part of th e employee's household . 3.An employee may take up to seven (7) days (56 hours) of sic k leave per year or the shift equivalent (78 .4 hours) if th e family member is part of the employee's household and i s hospitalized . The employee shall submit written verification of suc h hospitalization . 4.The amounts shown in 1, 2, and 3 above are annual maximums , not maximums per qualifying family member . A member of th e employee's immediate family, shall mean spouse, child , brother, sister, parent, parent-in-law, step-parent, step - brother, step-sister, grandparent, or any other relativ e living in the same household . 39 ARTICLE 2 7 WORKERS' COMPENSATION LEAVE Any employee who is absent from duty because of on-the-job injur y in accordance with state workers' compensation law and is no t eligible for disability payments under Labor Code Section 4850 , shall be paid the difference between his base salary and th e amount provided by workers' compensation law during the first 9 0 days of such disability absence . The only position currentl y eligible for this benefit is the Fire Vehicle Mechanic . 40 ARTICLE2 8 LIGHT DUT Y The City and the Association agree that a light duty/return t o work policy will be established . The Fire Chief, the Associatio n and the Personnel Department will work together to establish a form to cover this policy . 41 ARTICLE 29 . SAFETY The Association and the City agree to address Departmental an d citywide safety concerns through the City's Safety committee an d the communication Process outlined in Article 7 . 42 ARTICLE 3 0 RESERVE FIREFIGHTER S The City and the Association agree that in the event the Cit y adopts a firefighter reserve program, the city will meet an d confer over any impact(s) of the proposed program falling withi n the scope of representation . 43 S ARTICLE 3 1 RETIREMEN T A.The City agrees to provide the Public Employees' Retiremen t System's 2% at age 50 plan to all sworn personnel and the 2 % at age 60 plan to all non-sworn personnel . The 2% at age 5 0 plan includes four amendments, namely, Post Retiremen t Survivor Allowance, conversion of unused sick leave t o additional retirement credit, the 1959 Survivor's Benefit , and one-year final compensation . The 2% at 60 plan has tw o amendments, 1959 survivor's Benefit and one year fina l compensation . B.For employees hired after 1 July 1986, the PERS 2% at 5 0 plan shall include the modifications shown in Section A , above, except that it shall provide three-year fina l compensation . C.(1) Effective 1 July 1987, City agrees to contribute up t o 5% of safety member's obligation to contribute to PERS . (2)Effective 1 July 1988, City agrees to contribute up t o 9% of safety member's obligation to contribute to PERS . (3)City agrees to contribute up to 7% of the Fire Vehicl e Mechanic's obligation to contribute to PERS . (4)The amount paid by the City is an employee contributio n and is paid by the City to partially satisfy th e employee's obligation to contribute to PERS . An employee has no option to receive the contribute d amounts directly instead of having them paid by th e City to PERS on behalf of the employee . Th e Association understands and agrees that employees bea r 44 the risk of payment of any increases in the employe e contributions above the amount provided in thi s Agreement which may result by action of PERS or th e state legislature . Parties further agree that Cit y payment of PERS contributions is made based upon ta x treatment currently permitted by the State Franchis e Tax Board and the IRS . Should current tax treatmen t change, the Association and the employees hold harmles s the City, its officers and agents from any and al l claims or costs of any type, including but not limite d to, liability for back taxes, arising out of thi s Agreement to pay part of the employee's PER S contribution . Should current tax treatment change, th e Association shall have the opportunity to meet an d confer regarding any such changes . It is understood and agreed to by the parties that th e City "pick up" of a portion of the employee's PER S contribution is in lieu of wages . Therefore, in al l comparisons made with other agencies, a percent equa l to the City "pick up" of the employee's PER S contribution will be added to the total compensatio n provided by the City to the employees . 45 ARTICLE 3 2 HOURS A.Employees assigned to a 24-hour shift schedule, shall work a shift schedule which, over a period of one year, shal l average approximately fifty-six (56) hours per week . For purposes of illustration only, a copy of the shif t schedule pattern is set forth in Appendix B . The Department shall give no less than 15 days notice prio r 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 th e next day, ending at 0800 hours (8 a .m . to the following 8 a .m .) Within 60 days of adoption of this agreement, the Personne l Director, the Chief, or his/her designee and a representative from the Association shall form a committe e to discuss and establish a reasonable system that wil l address the needs of the Department and the concerns of th e Association about the work schedule . B.Shift Exchange - The Fire Chief or his/her representativ e may authorize employees covered by this Agreement t o exchange shift assignments with other department employee s of equal rank or qualifications for the position . 46 C.Vacation Exchange -The Fire Chief or his/her representativ e may authorize employees covered by this Agreement t o exchange vacation leave with other department employees o f equal rank or qualifications for the position . D.Early Relief -The Fire Chief or his/her representative ma y authorize employees covered by this Agreement to reliev e another department employee of equal rank or qualification s for the position prior to the end of the scheduled shift . 47 ARTICLE 3 3 HEALTH/FITNES S The City, the Department and the Firefighters Association ar e desirous of implementing measures to promote the well being o f employees and reduce the incidents of preventable accidents , illnesses, and disabilities, and have, and shall continue to , work cooperatively to encourage and develop an appropriat e program to enhance physical fitness and health and to establis h required physical standards to be met by all employees . Th e parties have agreed to implement the physical fitness progra m outlined in the "Health and Fitness Maintenance Program" an d dated 9-28-89 . Provisions for adopting required maintenance o f the target fitness standards will be addressed in January 1991 . The Association recognizes that it is the policy of the City t o hire non smokers in the Fire Department . The Association furthe r recognizes there is a fire department policy concerning smokin g in departmental facilities and vehicles . The parties agree tha t smoking poses health risks to non-smokers as well as smokers . 48 ARTICLE 3 4 SALARY SURVEY CITIE S Cities to be used for review of salaries shall include : Chic o Davi s Lompo c Montere y Nap a Pleasanto n Reddin g Salina s San Clement e Santa Cru z Santa Mari a It is agreed that, during the negotiations to produce a successo r Agreement, either party may propose changes to the above list o f cities . A revised, mutually agreed upon list, may be used durin g the negotiations to produce a successor Agreement . 49 ARTICLE 3 5 WORKACTION S Participation by an employee in a strike or a concerted wor k stoppage shall be deemed to pose an imminent threat to publi c health or safety and is unlawful, furthermore, it shall terminat e the employment relation . Provided however that nothing herei n shall be so construed as to affect the right of any employee t o abandon or to resign his employment . (a)Employee organizations shall not hinder, delay , interfere with, nor coerce employees of the City t o hinder, delay, or interfere with, the peacefu l performance of City services by strike, concerted wor k stoppage, cessation of work, slow-down, sit-down, stay - away, or unlawful picketing . (b)In the event that there occurs any strike, concerte d work stoppage, or any other form of interference wit h or limitation of the peaceful performance of Cit y services prohibited by this Article, the City, i n addition to any other lawful remedies or disciplinar y actions, may, by action of the Municipal Employe e Relations Officer cancel any or all payroll deductions , prohibit the use of bulletin boards, prohibit the us e of City facilities, and withdraw recognition of th e employee organization or organizations participating i n such actions . (c)Employee members of any employee organization shall no t be locked out or prevented by'management officials fro m performing their assigned duties when such employee s 50 are willing to perform such duties in the customar y manner and at a reasonable level of efficiency . Any decision made under the provisions of this Sectio n may be appealed to the City Council by filing a written Notice of Appeal with the Cit y Clerk,accompanied by a complete statement setting fort h all of the facts upon which the appeal is based . Suc h Notice of Appeal must be filed within ten (10) workin g days after the affected employee organization firs t received notice of the decision upon which the complaint is based, or it will be considered closed an d not subject to any other appeal . 51 ARTICLE3 6 FULLAGREEMENT It is understood this Agreement represents a complete and fina l understanding on all negotiable issues between the City and th e Association . This Agreement supersedes all previous Memoranda o f Understanding or Memoranda of Agreement between the City and th e Association except as specifically referred to in this Agreement . The parties, for the term of this Agreement, voluntarily an d unqualifiedly agree to waive the obligation to negotiate wit h respect to any practice, subject or matter not specificall y referred to or covered in this Agreement even though suc h practice, subject or matter may not have been within th e knowledge of the parties at the time this Agreement wa s negotiated and signed . In the event any new practice, subject o r matter arises during the term of this Agreement and an action i s proposed by the City, the Association shall be afforded notic e and shall have the right to meet and confer upon request . 52 . ARTICLE 3 7 SAVINGS CLAUS E If any provision of this Agreement should be held invalid b y operation of law or by any court of competent jurisdiction, or i f compliance with or enforcement of any provision should b e restrained by any tribunal, the remainder of this Agreement shal l not be affected thereby, and the parties shall enter into a mee t and confer session for the sole purpose of arriving at a mutuall y satisfactory replacement for such provision within thirty (30 ) day work period . If no Agreement has been reached, the partie s agree to invoke the provision of impasse under Section 13 of Cit y Resolution No . 6620 (1989 Series ) 53 ARTICLE 3 8 RENEGOTIATION S Pursuant to Resolution No . 6287, (1989 Series): If either part y wishes to make changes to this agreement, that party shall serv e upon the other its written request to negotiate as well as it s initial proposals for an amended Agreement . Such notice an d proposals must be submitted to the other party no more than 13 5 days nor less than 105 days prior to the end of the Agreement . If notice is properly and timely given, negotiations shal l commence no later than 90 days prior to the end of the Agreement . 54 ARTICLE 3 9 AUTHORIZED AGENTS For the purpose of administering the terms and provisions of thi s Agreement : A.The Association's principal authorized agent shall b e the President (address : 748 Pismo Street, San Lui s Obispo, California 93401 ; telephone : (805) 549-7380). B.Management's principal authorized agent shall be th e Personnel Director or his/her duly authorize d representative (address : P .O . Box 8100, San Lui s Obispo, California 93403-8100 ; telephone : (805) 549 - 7252). 55 ARTICLE 4 0 TERM OF AGREEMEN T This Agreement shall become effective as of July 1, 1989 an d continue in full force and effect until expiration at midnight , June 30, 1994 . SIGNATURE S 1.Classifications covered by this Agreement and include d within this unit are shown in Appendix "A". 2.This Agreement does not apply to Temporary Employees o r Part-time employees . This Agreement was executed on November 14, 1989 by the followin g parties . CITY OF SAN LUIS OBISPO SAN LUIS OBISPO FIREFIGHTERS' ASSOCIATIO N Bill Avery, City Consultant Tony Spitaleri, FFA Consultan t AeS Ann McPike, Personnel Director Dan Wunsch, Presiden t 56 1 APPENDIX A 2 CLASSIFICATIO N 3 CLASSIFICATION CODE SALARY RANG E 4 Firefighter 705 32 1 5 Fire Vehicle Mechanic 444 32 2 6 Fire Engineer/Inspector 707 32 4 7 Fire Captain 715 33 0 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 22 23 24 2 5 2 6 2 7 28 5 7 2 3 4 5 6 7 8 9 1 0 1 1 1 2 1 3 1 4 1 5 1 6 1 7 1 8 1 9 2 0 2 1 2 2 2 3 2 4 2 5 26 27 28 APPENDIXB WORKSCHEDULEILLUSTRATIO N For purposes of illustration only, the shift schedule pattern fo r employees working a fifty-six (56) hour work week consists o f five (5) twenty-four (24) hour on-duty periods within a fiftee n (15) day cycle which is worked in accordance with the followin g chart : X = 24-hour on-duty perio d 0 = 24-hour off-duty perio d SCHEDULE : XOXOXOXOX00000 0 58 APPENDIXC EMPLOYEE RESPONSIBILITIES ANDBENEFITS -SICKLEAV E Sick leave is governed by Section 2 .36 .420 of the Municipal Cod e and reads as follows : 2 .36 .420 Employee responsibilities and benefits - Sick leave . A .Sick Leave Defined . "Sick leave" shall be defined a s follows : 1.Absence from duty because of illness or off-the-jo b injury, or exposure to contagious diseases as evidenc e by certification from an accepted medical authority ; 2.At each employee's option, absence from duty due to th e death of a member of the "employee's immediate family," meaning spouse, child, brother, sister, parent, parent - in-law, step-parent, step-brother, step-sister, or an y other relative living in the same household, provide d such leave as defined in this subsection shall no t exceed five working days from each incident . Th e employee may be required to submit proof of relative's death before being granted sick leave pay ; 3.An employee whose memorandum of understandin g incorporates a provision for "family leave" may us e sick leave not to exceed three days per year i f required to be away from his/her job to personally car e for a member of the employee's immediate family a s defined in this subsection . B .Rules Governing Sick Leave . 1 .Each incumbent of a line-item position shall accru e sick leave with pay at the rate of twelve days or th e 59 shift equivalent per year of continuous service sinc e the benefit date . 2.Sick leave may be used after the completion of th e month of service i n which it was earned . 3.Sick leave shall begin with the first day of illness . 4.Department heads shall be responsible to the cit y administrative officer for the uses of sick leave i n their departments . 5.A department head shall require written proof o f illness from an authorized medical authority at th e employee's expense for sick leave use in excess of fiv e consecutive working days by personnel in his/he r department . Such proof may be required for periods o f less than five consecutive working days where ther e exists indication of abuse . 6.Any employee who is absent because of sickness or othe r physical disability shall notify his/her immediat e supervisor or department head as soon as possible bu t in any event during the first day of absence . An y employee who fails to comply with this provisio n without having a valid reason will be placed on leav e of absence without pay during the unexcused absence an d be subject to disciplinary action in accordance wit h procedures established by this chapter . 7.Any employee absent for an extended illness or othe r physical disability may be required by the personne l director to have an examination by the city's medica l 60 examiner at city expense prior to reinstatement to th e city service . 8.An appointing authority, subject to approval of th e personnel director, may require any employee to b e medically examined where reasonable cause exists t o believe that an employee has a medical condition whic h impairs his/her job effectiveness or may endanger th e health, safety or welfare of the employee, othe r employees or the public . Employees who are judged t o be physically incapable of meeting normal requirement s of their positions may be placed in a classification o f 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 benefit s become exhausted due to illness or exposure t o contagious disease, the employee shall revert to a status of leave of absence without pay and be subjec t to the provisions of Section 2 .36 .460 . 10.The right to benefits under the sick leave plan shal l continue only during the period that the employee i s employed by the city . This plan shall not give an y employee the right to be retained in the services o f the city,or any right of claim to sickness disabilit y benefits after separation from the service of the city . When an employee receives compensation under th e Worker's Compensation Act of California, suc h compensation received shall be considered part of th e salary to be paid to the employee eligible for suc h payments as required by state law . The amount paid b y 61 the city shall be the difference between the amoun t received by the employee from the city's compensatio n insurance coverage and the eligible employee's regula r rate of pay . 11.Notwithstanding anything contained in this section, n o employee shall be entitled to receive any payment o r other compensation from the city while absent from dut y by reason of injuries or disability received as a result of engaging in employment other than employmen t by the city for monetary gain or other compensation, o r by reason of engaging in business or activity fo r monetary or other compensation other than business o r activity connected with his/her city employment . 12.A public safety employee shall not receive sick leav e payments while receiving Worker's Compensatio n payments .- 13.Accumulation of sick leave days shall be unlimited . (Prior code 2708 .5) 62