HomeMy WebLinkAbout02/29/2000, C12 - MEMORANDUM OF AGREEMENT WITH THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523, FOR THE PERIOD JULY 1, 1999 THROUGH JUNE 30, 2001 council
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CITY OF SAN LUIS OBISPO
FROM: Ken Hampian, Assistant City Administrative Officer
Prepared By: Wendy George,Assistant to the City Administrative Officer
SUBJECT: MEMORANDUM OF AGREEMENT WITH THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS,LOCAL 3523,FOR THE PERIOD
JULY 1, 1999 THROUGH JUNE 30, 2001
CAO RECOMMENDATION
Adopt a resolution approving the Memorandum of Agreement.
DISCUSSION
Backoround
The Memorandum of Agreement (MOA) between the City and the International Association of
Firefighters, Local 3523 (Union) expired on June 30, 1999, after a term of two years. As
provided for in that agreement, the City's negotiating team (Bill Avery, chief negotiator, Wendy
George, Assistant to the CAO,.Karen Jenny, Risk Manager and Darren Drake, Fire Marshal)
entered into negotiations with the Union's negotiating team, led by Ron Veillette, on May 16,
1999, to develop a successor agreement. The team met with the union for a total of five sessions,
after which the union declared impasse.
After the required meeting with the City Administrative Officer, who is designated the Employee
Relations Officer-by the City's Employee/Employee Relations Resolution, the City and the
Union were still unable to reach agreement and mediation was requested. Two mediation
sessions were unsuccessful. However, shortly after the second mediation session, the Union
requested that the two parties meet once more, without the presence of a mediator. As a result of
that session, a tentative agreement was reached, which has been ratified by a majority of the
Union membership.
Terms of the Agreement
• Length of contract is two years.
• Salary increases:
3% -July 1, 1999 (retroactive)
2% -March 1,2000
4% - September,2000
• The City will add the PERS Military Service Credit option to our retirement package
as soon as possible. This option allows an employee, at his/her own cost, to purchase
additional retirement service credit based on prior military service. C12-1
Council Agenda Report—Fire Union MOA
Page 2
• The City and the Union will explore implementation of a 401(h) program, or other
mutually accepted program, which would allow for the donation of holiday and/or
other paid time into a tax deferred account for use for retiree medical and other
purposes. No City contribution would be made into the plan.
• The paramedic monthly incentive is increased by$25 to $400.
• The Fire Station 1 captain's monthly incentive is increased by$25 to$125.
• Language is added establishing a program of seniority bidding for station
assignments.
• Language is added establishing a leave pool to which employees may donate leave,
except sick leave, to be used by Union leadership for meetings on City time.
+ Language is added that parties will finish the meet and confer process on a mutually
agreeable discipline policy.
• Language is added defining the appropriate use of City facilities for union purposes.
• Clean up language is included relating to timing of holiday leave pay off, the vacation
cap for non-shift employees, timing on opening contract re-negotiations and state law
changes in family care leave.
FISCAL IT9PACT
The cost of the agreement is approximately $100,700 in the first year and $84,350 in the second
year. The ongoing annual cost increase at the end of the two-year contract will be approximately
$264,700..Funding is available as part of the 1999-01 Financial Plan.
ALTERNATIVE
Do not approve the resolution and direct staff to negotiate a different successor agreement. This
alternative is not recommended, as the agreement is consistent with the Council's previous
direction and the City's employer-employee relations policies.
ATTACEMUMS
Resolution
A copy of the MOA is provided for Council Members and is available to the public in the City
Clerk's Office.
C12-2
RESOLUTION NO. (2000 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OB.ISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS,LOCAL 3523,FOR THE PERIOD OF
JULY 19 1999-JUNE 309 2001
BE IT RESOLVED by 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 International Association of Firefighters, Local 3523, attached hereto as Exhibit "A" and
incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Mark McCullough, International
Association of Firefighters, Local 3523 and Wendy George, Assistant to the City Administrative
Officer.
Upon motion of , seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
the foregoing resolution was adopted this day of ,2000.
ATTEST:
Lee Price, City Clerk Mayor Allen Settle
APPROVED AS TO FORM:
� C Amis=
orp ns Ci Attorney
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523
July 1, 1999 through June 30,2001
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ARTICLE I
PARTIES TO AGREEMENT
This Agreement is made and entered into this 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.
Nothing in this Agreement between the parties shall invalidate nor be substituted for any provision
in City Resolution No. 6620(1989 Series)unless so stipulated to by provision(s) contained herein
and agreed to.
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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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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 Officer
and a notification of all dues transactions shall be sent monthly to the Union President.
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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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 employment 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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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 bywhich government operations are to be conducted; determine the content 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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ARTICLE 6
REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method, select not more
than three 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.
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ARTICLE 7
COMMUNICATION PROCESS
Pursuant to City Resolution 6287 (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 Administrative Officer (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
1. San Luis Obispo Firefighter's Association 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.
2. Facilities would include,but would not be limited to: conference room, training room, and
second floor common areas.
3. The Union 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 Firefighter's
Association 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 resources director 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
Administrative Officer in writing within fifteen business days of receiving the employee's
written request. The City Administrative Officer will meet with the employee if the
employee so desires before rendering a decision with respect to the complaint. The City
Administrative Officer's decision shall be in writing and given to the employee within fifteen
business days of receiving the personnel director's results and findings. Such decision'shall
be final unless the employee desires a review of the decision.
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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
Administrative Officer's decision to submit a written request to the personnel
director for review of the decision. The personnel 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 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.
e. The City reserves the right to make the hearing officers opinion advisory or
to replace the hearing officer position in the grievance process with the
personnel board for an employee organization after July 1993 provided that:
1. The hearing officer has ruled on at least five separate grievances of
the Union; and
2. The City has been sustained in at least 65%of the determinations on
grievances filed by members of the Union.
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ARTICLE 11
SALARY
Section 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. ff the Fire Chief deems it necessary to again remove the
top step during the same fiscal year, he may make the change at any time with three business days
written notice.
For the position of Firefighter, the salary range consists of nine steps (1 through 9. Steps I
through 8 equal 95% of the next highest step,computed to the nearest one dollar.
Step 8 = 95% of Step 9 Step 4 = 95% of Step 5
Step 7 = 95% of Step 8 Step 3 = 95% of Step 4
Step 6 = 95% of Step 7 Step 2 = 95% of Step 3
Step 5 = 95% of Step 6 Step 1 = 95% of Step 2
Each salary range for all other positions in the unit consists of five steps (I through 5). Steps I
through 4 equal 95% of the next highest step, computed to the 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 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 as follows: Probationary firefighters will move from Step 1 to Step 2 after six months.
Progression from Step 2 to Step 3 will be at one-year intervals for each step, and from Step 8 to
Step 9 at a two-year interval.
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Section B. Salary Provisions for Term of Agreement
Effective the first full pay period in the following months, the following salary increases shall be
implemented:
July, 1999 3.0%
March,2000 2.0%
September,2000 4.0%
Section C. "Y" Rating
An employee who is not performing up to established job standards may be "Y" rated,freezing his
salary until such time as there is an improved job performance. The department head shall give 60
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 the employee
being frozen below the next lower step of the new range.
Section D. Payday
Paychecks 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.
Section E. Paychecks Prior to Vacation
If an employee is taking vacation leave and wishes to receive his regular paycheck before payday,
the employee must notify the Finance Department in writing at least two weeks prior to the start of
vacation,provided the employee has sufficient vacation time coming to cover the pay period.
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ARTICLE 12
PAY INCENTIVES
Section A. Paramedic Incentive
Effective July, 1999, the City shall pay four hundred dollars ($400.00) per month pay incentive to
those firefighters or other approved fire personnel assigned to EMT Paramedic duties by the Fire
Chief.
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 Departinent 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.
Section B. Station I Captain Incentive
Effective July, 1999, Fire Captains regularly assigned to Station I shall receive a one hundred
twenty-five dollars ($125.00) per month pay incentive, to compensate for the additional Station 1
workload. Mandatory assignments to Station I for Captains shall not exceed two consecutive years.
Section C. Bilingual Pay
Employees 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.
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ARTICLE 13
OVERTIME
1. 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.
2. Firefighters, Fire Engineers and Fire Captains assigned to 24-hour shift duty are assigned
to work one hundred and twenty (120) hours in a fifteen (15) day pay cycle. Employees in
these classifications who work more than one hundred and fourteen (114) hours during a
pay cycle, shall be paid time and one-half (1 1/2) for all hours worked in excess of one
hundred and fourteen (114) hours worked in the fifteen (15) day pay cycle. Paid time off
shall be 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 worked in excess of forty (40) hours per week including holiday, sick
leave and vacation unless they elect to take compensating time off at straight time.
4. All overtime shall be authorized in writing by the Fire Chief prior to being compensated.
5. All overtime shall be paid to the nearest quarter hour worked where no minimum is
authorized.
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ARTICLE 14
EMERGENCY CALL BACK
1. The minimum call back hours provided below shall be paid at straight time pay.
2. Shift personnel who are unexpectedly called back to work after completing their shift and
having left the worksite shall be paid a 6-hour minimum guarantee.
3. The Fire Vehicle Mechanic shall receive a minimum of 4 hours for emergency call back or
time and one-half for hours actually worked,whichever is larger.
4. 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.
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ARTICLE 15
WORK OUT OF GRADE
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 ten (10)consecutive work days,or five (5)consecutive shifts for all
shift employees; in which case the step increase becomes effective on the eleventh(11)work
day or in the sixth (6th) shift
2. The person being temporarily replaced is on extended sick or disability leave or the position
is vacant and an examination is pending.
Employees not eligible for the step increase(under 10 days) shall receive credit for compensating
time off(CTO) on the following basis:
Hours Worked CTO Earned
0-5 hours 59 minutes 0 hours
6-11 hours 59 minutes 1 hour
12-24 2 hours
Each calendar quarter, employees may elect to receive payment for accrued CTO at straight time.
CTO earned before January 1, 1990 is not eligible for payment.
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ARTICLE 16
STANDBY
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.
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ARTICLE 17
EDUCATIONAL INCENTIVE
The City agrees to establish an educational incentive pay plan. The educational incentive pay will be
paid pursuant to one of the two plans outlined below:
PLAN A
1. Definition of Eligibility
A. All Employees currently receiving educational incentive pay as of 6/30/81.
B. All employees in the unit meeting the following requirements:
(1) Have been employed by the department for at least one year as of 9/30/81.
(2) Have completed .by June 30, 1981 at least 30 semester units toward an
approved degree including having successfully completed a minimum of six
semester units within the last 18 months.
(3) Successfully completed at least six semester units per year until degree is .
complete; and
(4) Must receive degree by December 31, 1983.
2. 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$50 per month for possession of an A.A., or equivalent degree
from an accredited community or junior college; and one hundred dollars per month for a
B.A. or equivalent degree from an accredited.four year college or university. Total incentive
pay shall in no case exceed one hundred dollars per month.
3. 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.
4. 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.
5. Unsatisfactory Performance.
In the event an employee receiving the incentive pay is not performing up to the established
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standards set for the job, the department head with the concurrence of the City
Administrative Officer, may suspend payment of the incentive pay until such time as the
employee's work performance comes up to the standard level, in the opinion of the
department head and concurred in by the City Administrative Officer.
6. 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.
PLAN B
1. Definition of Eligibility.
A. All current employees not eligible for Plan A.
B. All employees hired on or subsequent to June 30, 1981.
2. Eli bility.
A. Employees eligible for Plan B must be employed by the City of San Luis Obispo
for one year before any payment 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 in fire
science courses or classes approved by the Fire Chief. Provided such courses shall
be completed at the employee's own expense and during off-duty hours.
3. Incentive Pay.
The educational incentive pay shall be $50.00 per month for a period of 12 months.
4. Tuition and Books.
If an employee holds a position which does not qualify him for incentive pay, the employee
will be eligible to receive payment for 50% of tuition and books for approved job-related
courses upon satisfactory completion of same with a grade of"C" or better.
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ARTICLE 18
UNIFORM ALLOWANCE
A. Each sworn employee 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$750 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 or about the 7th of July and the 7th 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.
B. A uniform allowance cash advance will be given to new employees for purchase of their
uniforms. If the employee severs employment with the City or is terminated within one (1)
year, the cash advance shall be deducted from the employee's last paycheck.
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 Chiefs office, in each fire
station, and in the human resources Directors office.
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.
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.
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 19
INSURANCE
A. Contribution
The City shall contribute $420.00 per month for Cafeteria plan benefits for each regular,
full-time employee covered by this agreement. Less than full-time employees shall receive a
prorated share of the City's contribution.
B. PERS Health Benefit Pro=ram
The City has elected to participate in the PERS Health Benefit program with the "unequal
contribution option" at the minimum contribution rate,currently $16.00 per month for active
employees and $1.00 per month for retirees. The City's contribution toward retirees shall
be increased by five (5%) percent per year of the City's contribution for the active
employees until such time as the contributions for employees and retirees are equal. 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. Health Insurance Coverage Optional Participation .
Employees with proof of medical insurance elsewhere are not required to participate in the
PERS Health Benefit Program and may receive the unused portion of the City's
contribution (after dental and vision insurance is deducted) in cash in accordance with the
City's Cafeteria Plan. Those employees 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 any 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
Employees will be required to participate in the City's dental and vision plans at the
employee only rate. Should they elect to cover dependents in the City's dental and vision
plans,they may do so,even if they do not have dependent coverage under PERS.
E. 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.
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Final
ARTICLE 20
VACATION LEAVE
1. Each incumbent of a 40-hour a week line-item position shall accrue vacation leave with pay
at the rate 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 that 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).
2. An incumbent is not eligible to use accrued vacation leave until after the completion of the
sixth calendar month of service since the benefit date.
3. An employee who leaves the City service shall receive 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 the determining factor and, second, insofar as possible, with the wishes
of the employee.
5. 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 is twice
the annual rate except as noted in Section 6,Paragraph E.
6. VACATION USE:
A. Vacation shall be selected by seniority based on shift assignment for shift
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.
B. First choice vacation shall be made during November/December each year. The first
choice shall be a minimum of five (5) shifts off within one (1)cycle.
C. First choice vacation selected for the months of May 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 selected for the months of May
through October is ten (10) shifts off taken within two (2) work cycles.
E. 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 (I) and
(J), 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 6 (M) of this article.
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Particular.consideration will be given to those circumstances where vacation use is
denied because of reduced staffing levels.
F. Employees have the right to have one (1) employee off on scheduled vacation per
shift.
G. Employees have the right to unscheduled vacation as provided in the current
departmental Operations Manual (G.O. 204.01).
H. Time off by Battalion Chiefs is not included in the determination of the number of
employees on vacation per F above.
I. 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 this case, the employee shall have the choice of
using the vacation at another time or receiving payment for the changed vacation.
J. If an employee must cancel vacation for good reason, as defined by management, the
vacation above twice the annual rate shall be paid as accrued.
K. Employees may cancel scheduled vacation for any reason with a minimum of 30
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.
L. Effective immediately,canceled first choice vacations will continue to be available for
reselection by other employees.
M. Eff eti c ittly 1, 1996, All employees in this unit are eligible, once annually in
December, to request payment for up to seventy-two (72) hours of unused vacation
leave provided that an employee's attendance practices are satisfactory.
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Final
ARTICLE 21
LEAVE OF ABSENCE
Leave without pay for up to one week per year may be granted by the Department Head. 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 2708.9 of the Personnel Rules and
Regulations.
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Final
ARTICLE 22
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 hours of holiday leave semi-monthly,
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-monthly payroll period.
Effective January, 2001, the remainder of the employee's annual holiday leave (78 hours)
shall be advanced to the employee effective the first payroll period in January of each year.
Such holiday leave may be taken off by the employee as provided in the current
departmental Operations Manual (G.O. 204.03). For calendar year 2000 only, employees
shall receive thirty-nine (39) hours of holiday leave credited the first payroll period in July.
This partial crediting is to allow the transition from a fiscal to a calendar year holiday
system.
Each calendar quarter, an employee has the,option of receiving payment for one-fourth(1/4)
of his/her advanced holiday leave. The combination of holiday leave taken off and payment
of advanced holiday time, may not exceed 78 hours. Any holiday leave remaining as of the
last payroll period in December of each year(excluding December,2000) will be paid to the
employee at the straight time rate.
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. The accrual dates are 1 January and 1
July. If not used in the calendar year in which earned, they are lost. It is the responsibility
of the employee to make the request for a floating holiday reasonably in advance of the
requested day off.
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ARTICLE 23
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, 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 24
SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code. (See Appendix C attached).
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- 10%
(b) After twenty years of continuous employment- 15%
(3) Job-related disability retirement and actual commencement of PERS benefits - 75% with a
maximum of 1000 hours payoff(75% of 1333.3 accrued hours.)
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ARTICLE 25
FAMILY LEAVE
1. An employee may take up to two (2) days, (16 hours) or 24 hours for shift employees, of
sick leave per year if required to be away from the job to personally care for a member of
his/her immediate family.
2. An employee may take up to five days (forty hours) or the shift equivalent for shift
employees (56 hours) of sick leave per year if the family member is a part of the employee's
household.
3. An employee may take up to seven (7) days (56 hours) of sick leave per 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.
4. The. amounts shown in 1, 2, and 3 above are annual maximums, not maximums per
qualifying family member. A member of the employee's immediate family, shall mean
spouse, child, brother, sister, parent, parent-in-law, step-parent, step-brother, step-sister,
grandparent,or any other relative living in the same household.
5. If the family member is a child, parent or spouse, an employee may use up to 48 hours
(67.2 hours for shift employees) annually to attend to the illness of.the child, parent or
spouse, instead of the annual maximums in paragraphs 1. and 2. above, in accordance with
Labor Code Section 233.
6. In conjunction with existing leave benefits, unit employees with one year of City service
who have worked at least 1280 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. A new child through birth adoption or foster care (maternal or paternal leave).
b. A seriously ill child, spouse or parent who requires hospitalization or continuing
treatment by a physician.
C. Placement of an employee's child for adoption or foster care.
d. A serious health condition which makes the employee unable to perform the
functions of his or her position.
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 vacation, compensatory
time 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. However, employees who receive cash back under
the City's Flexible Benefit Plan will not receive that cash during the Family/Medical Leave.
Only City group health insurance premiums will be paid by the City.
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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 26
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 days of such disability absence. The only position currently
eligible for this benefit is the Fire Vehicle Mechanic.
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Final
ARTICLE 27
LIGHT DUTY
A light-duty work assignment is generally administrative in nature and may require the individual to
sit at a desk,type,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 or a Battalion Chief. There are two methods for placing a person on light 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. Each is dependent
upon the availability of an appropriate work assignment.
Off-Duty Injury - An employee notifies the Fire Chief that s/he would like to be placed on a 40-
hour light duty administrative work assignment. The Fire Chief would then forward the attached
form letter to the employee's doctor. Once the doctor signs this letter (with any changes and/or
modifications) and it is returned, the employee is then available for light-duty. 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 light-duty 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 and the
Fire Chief knows of a possible light-duty work assignment. The human resources Department will
be notified of such an assignment along with its description. A description of this assignment will
then be sent with a doctor's release letter to the City's Worker's Compensation Insurance carrier.
The carrier reviews the information and routes it to the employee's Worker's compensation
physician who will either sign the release letter or deny it. All documents are then forwarded back
to the human resources and Fire Departments. The employee, if released,will then be available for
light-duty. Employees on Worker's compensation certified by a doctor for light-duty may lose
benefits if they refuse available light-duty 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 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 light-duty 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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Final
ARTICLE 28
SAFE'L'Y
The Union and the City agree to address Departmental and citywide safety concerns through the
City's Safety Committee and the Communication Process outlined in Article 7.
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Final
ARTICLE 29
RETIREMENT
A. The City agrees to provide the Public Employees' Retirement System's 2% at age 50 plan to
all swom personnel and the 2% at age 55 plan to all non-sworn personnel. The 2% at age
50 plan includes four amendments,namely,Post Retirement Survivor Allowance,conversion
of unused sick leave to additional retirement credit, the 1959 Survivor's Benefit, and one-
year final compensation. The 2% at 55 plan has two amendments, 1959 survivor's Benefit
and one year final compensation.
B. For employees hired after 1 July 1986, the PERS 2% at 50 plan shall include the
modifications shown in Section A, above, except that it shall provide three-year final
compensation
(1) The City agrees to contribute up to 9% of safety member's obligation to contribute
to PERS. .
(2) City agrees to contribute up to 7% of the Fire Vehicle Mechanic's obligation to
contribute to PERS.
(3) The City agrees to report as salary all Employer-Paid Member Contributions for
full-time employees to PERS for the purposes of retirement credit in accordance
with Gov. Code Section 20636 (c).(4),with the understanding that,for the 1997-99
MOA, the .28% employer cost of the program will be included as part of the total
compensation cost of the negotiated package. This benefit will be implemented as
soon as the City's computer system is upgraded to handle the calculations.
(4) The amount paid by the City is an employee contribution and is paid by the City to
partially satisfy the employee's obligation to contribute to PERS. An employee has
no option to receive the contributed amounts directly instead of having them paid by
the City to PERS on behalf of the employee. The Union understands and agrees
that employees bear the risk of payment of any increases in the employee
contributions above the amount provided in this Agreement which may result by
action of PERS or the state legislature. Parties further agree that City payment of
PERS contributions is made based upon tax treatment currently permitted by the
State Franchise Tax Board and the IRS. Should current tax treatment change, the
Union and the employees hold harmless the City, its officers and agents from any
and all claims or costs of any type, including but not limited to, liability for back
taxes, arising out of this Agreement to pay part of the employee's PERS
contribution. Should current tax treatment change, the Union shall have the
opportunity to meet and confer regarding any such changes.
It is understood and agreed to by the parties that the City "pick up" of a portion of the
employee's PERS contribution is in lieu of wages. Therefore,in all comparisons made with
other agencies, a percent equal to the City "pick up" of the employee's PERS contribution
will be added to the total compensation provided by the City to the employees.
As soon as possible, the City will add the PERS Military Service Credit option (Section
21024).
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ARTICLE 30
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:
0800 - 1200 Captain's Priority
1200- 1300 Lunch
1300 - 1700 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.
B. Shift Exchange -The Fire Chief or his/her representative may authorize employees covered
by this Agreement to exchange shift assignments with other department employees of equal
rank or qualifications for the position.
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 31
HEALTH/FM%TESS
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" and dated 9-28-89.
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 32
SALARY SURVEY CITIES
Cities to be used for review of salaries shall include:
Chico
Davis
Lompoc
Monterey
Napa
Pleasanton
Redding
Salinas
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 33
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.
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.
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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. 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 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, engineer 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 to F,
below.
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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-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
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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 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 34
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.
(a) 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.
(b) 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 Officer 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.
(c) 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 35
ENTRY LEVEL FIREFIGHTERS
A The City has added four lower pay steps to the existing firefighter range. Step progression
will be subject to existing personnel standards, with the timing for progression as follows:
Probationary firefighters will move from Step A to Step B after six months. Progression
from Step B to Step H will be at one-year intervals for each Step, and from Step H to Step I
at a two-year interval.
B. Upon the expiration of the Memorandum of Agreement, the following sections will be
placed in a side letter which will contain the following language stipulating that: (a).these
provisions are protected by the binding grievance arbitration and impasse resolution
processes contained in Resolution#6620; and (b) that the impacts of any changes to these
agreements are negotiable and fall within the scope of bargaining.
1. Probationary firefighters may not act as paramedics. They may intern for paramedic
status after completion of the 18-month probationary period, with possible
exceptions granted by the Fire Chief after 12 months for exceptionally well-trained
firefighters, following consultation with the employee's Captain, the Training
Battalion Chief, a Union representative and the Paramedic Coordinator.
2. Testing for entry-level firefighters will occur every two years using the CPS test or
equivalent. A current eligibility list will be maintained and entry-level firefighters
will go through the current standard "academy", as set forth in General Order
501.03.
3. 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.
4. 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 36
DEPARTMENT ASSESSMENT
The City agrees to undertake an assessment of the Fire Department following the procedures
outlined in the ICMA/IAFC manual and to have the assessment completed by July 1, 2000. There
shall be no limitations on what can be considered during this process, provided that the subject
matter falls within the general framework of the assessment format. The Union and the City agree
that the assessment's findings and conclusions will be advisory only to the City Administrative
Officer, and that adoption of any of the findings and conclusions will require the City
Administrative Officer's approval and recommendation to the City Council. The Union and the City
further agree that implementation of the assessment's findings and conclusions will be subject to the
meet and confer requirements under the California Govemment Code,Section 3500 et. Seq.
Should it become apparent to both parties that an extension of the completion date is necessary,
both parties will meet and discuss an extension of the completion date by mutual agreement.
45
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ARTICLE 37
STAFFING
A. The current number of positions in the Fire Department represented by the Fire Union is 12
Fire Captains, 15 Fire Engineers, 13 Firefighters, 1 Fire Vehicle Mechanic, and 15
Paramedics within the ranks of Firefighter and Engineer. 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. There will be no reserve program implemented during the term of this agreement.
C. The City and the Union share jointly in pursuing the goal of 3-person engine companies at
all stations on all shifts.
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 may temporarily act as Battalion Chief
in situations that would preserve 3-person engine companies at all four stations.
46
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ARTICLE 38
SENIORITY BIDDING FOR STATION ASSIGNMENT
A. Intent:
Utilize years of service as an empowerment tool for the employee. Thus enhancing their
productivity and morale, through their ability to choose station assignment,program assignment and
working partners..
B. Process:
Appropriate lists and sign-up sheets will be passed out the fust of July. The selection process
should be completed by September 1st. Placement on the appropriate list is based on seniority
within the Fire Department. Bidding will take place the first year in the following order; Captains
(1),Engineers (2)and Firefighters (3). Every two years the bidding order will rotate. First to
choose in the prior year will choose last with second and third choices moving up respectively,e.g.
1,2,3;2,3,1; 3,1,2.
Rookie firefighters will not be included in the station selection process until they have completed
their probationary period.
Each station will have a Paramedic assigned to it from the ranks of the engineer or firefighter. Each
shift will have five paramedics. The(5th)paramedic should be stationed at fire station 1.
Station assignments would take place based on FLSA periods with the intent to eliminate or
minimize overtime due to personnel movement.
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.
Administration of the Fire Department recognizes and supports the premise that placing employees
at stations of their preference is beneficial. The Fire Department Administration needs a degree of
flexibility to accomplish the following goals (in order of priority):
1. Staff the training station with qualified personnel.
2. Placement of the SAE
3. Allow for mentoring and conflict resolution
Adjustment of employee station bids by fire Department Administration, should take place in
September before vacation selection. 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 period of six months. At the end of
this six-month period, the effected personnel shall return to their station of choice. Reasons for
moves for more than six months or for permanent relocation need to be in writing.
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Except in extraordinary circumstances no movement of personnel will be initiated during the
months of November and December.
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.
C.Issue Resolution Committee:
Intent:
The intent of the Issue Resolution Committee is two fold:
First, is to deal with the larger issue of how the program works. Does the process work; are we
able to meet the goals of the program and the department?
Second, are both labor and management needs being addressed fairly and equitably.
Committee membership:
The Issue Resolution Committee(IRC) will consist of a Battalion Chief(appointed by the Fire
Chief) and the Fire Marshal from management. The Vice-President and the Sergeant of Arms will
represent the employeeis 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:
The Firefighters Association, through their Board of Directors, or Fire Department Administration,
through the Fire Chief,can bring issues to the Committee. 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. Unresolved issues will be taken to the next contract negotiations as a negotiable issue.
The IRC will attempt to resolve issues of a personal 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 the Firefighters Association 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
with CTO, hour for hour.
48
Final
ARTICLE 39
REOPENERS
The City and the Union agree to reopen negotiations during the term of this agreement as follows:
1. The Union agrees to a future opener to discuss an incentive program to reduce sick leave
usage as part of a joint process with other employee associations.
2. The City and Union will meet and confer on implementation of a 401(h) program, or other
mutually accepted programs,which would allow for the donation of holiday and/or other
paid time into tax deferred accounts for use for retiree medical and other puposes.
3. Within ninety (90) days of the ratification of the agreement; the City and Union will
complete negotiations the the Departmental Disciplinary Policy.
49
Final
ARTICLE 40
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
within the scope of representation during the term of this agreement.
50
Final
ARTICLE 41
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 Section 13 of City Resolution
No. 6620 (1989 Series)
51
Final
ARTICLE 42
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 February 15, 2001. If notice is properly and timely given, negotiations shall commence
no later than March 15, 2001.
52
Final
ARTICLE 43
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. The Union's principal authorized agent shall be the President(address: 2160 Santa Barbara
Street, San Luis Obispo,California 93401; telephone: (805) 781-7380).
B. Management's principal authorized agent shall be the human resources Director or his/her
duly authorized representative (address: 990 Palm Street, San Luis Obispo, California
93401; telephone: (805) 781-7250).
53
Final
ARTICLE 44
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 1999 and continue in full force and effect until
expiration at midnight, June 30, 2001.
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 Employees or Part-time employees. This
Agreement was executed on ,by the following parties.
CITY OF SAN LUIS OBISPO INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS,LOCAL 3523
William Avery, City.Consultant Ron Veillette,Chief Negotiator
Wendy George, Assistant to the CAO Mark McCullough,President
54
Final
APPENDIX A
CLASSIFICATION
CLASSIFICATION CODE SALARY RANGE
Firefighter 6040 612
Fire Vehicle Mechanic 6030 616
Fire Engineer/Inspector 6020 615
Fire Captain 6010 621
55
Final
APPENDIX B
WORK SCHEDULE ILLUSTRATION
For purposes of illustration only, the shift schedule pattern for employees working a fifty-six (56)
hour work week consists of five (5) 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: XOXOXOXOOOOOOXOXOXOXO000
56
Final
APPENDIX C
EMPLOYEE RESPONSIBILUMS 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,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 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 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 the rate of
twelve days or the shift equivalent 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 administrative officer 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. Such 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
57
Final
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. N
7. Any employee absent for an extended illness or other physical disability may be
required by the personnel 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 personnel 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 physically 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 of 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 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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Final
APPENDIX D
SALARY RANGE LISTING
Salary Range Listing - July 1999 Through June 2001
July 1999 3%Increase
Step 1 Step 2 Step3 Step4 Step 5 Step 6 Step 7 Step 8 Step 9
Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Flange Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly BI-Weekly Bi-Weekly Bi-Weekly
612 Firefighter 2,721 2,864 3,015 3,174 3,341 3,517 3,702 3,896 4,102
1,256 1,322 1,392 1,465 1,542 1,623 1,708 1,798 1,893
615 Fire Engineer/ 3,614 3,804 4,005 4,215 4,437
Inspector 1,668 1,756 1,848 1,946 2,048
616 Fre vehicle 3,708 3,903 4,108 4,325 4,552
Mechanic 1,711 1,801 1,896 1,996 2,101
621 Fire Captain 4,225 4,447 4,681 4,928 5,187
1,950 2,053 2,161 2,274 2,394
March 2000 20/a Increase
Step 1 Step 2 Step3 Step4 Step 5 Step 6 Step 7 Step 8 Step 9
Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly BI-Weekly Bi-Weekly BI-Weekly Bi-Weekly
612 Firefighter 2,776 2,922 3,076 3,237 3,408 3,587 3,776 3,975 4,184
1,281 1,348 1,419 1,494 1,573 1,656 1,743 1,834 1,931
615 Fire Engineer/ 3,687 3,881 4,085 4,300 4,526
Inspector 1,702 1,791 1,885 1,985 2,089
616 Fire Vehicle 3,782 3,981 4,190 4,411 4,643
Mechanic 1,745 1,837 1,934 2,036 2,143
621 Fire Captain 4,310 4,536 4,775 5,026 5,291
1,989 2,094 2,204 2,320 2,442
Salary Range Listing - July 1999 Through June 2001
September 2000 4%Increase
Step 1 Step 2 Step3 Step4 Step 5 Step 6 Step 7 Step 8 Step 9
Salary Position Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/
Range Title Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly Bi-Weekly
612 Firefighter 2,886 3,038 3,198 3,366 3,544 3,730 3,926 4,133 4,351
1,332 1,402 1,476 1,554 1,636 1,722 1,812 1,908 2,008
615 Fire Engineer/ 3,835 4,037 4,249 4,473 4,708
Inspector 1,770 1,863 1,961 2,064 2,173
616 Fire Vehicle 3,934 4,141 4,359 4,588 4,830
Mechanic 1,816 1,911 2,012 2,118 2,229
621 Fre Captain 4,482 4,718 4,967 5,228 5,503
2,069 2,178 2,292 2,413 2,540
SIDE LETTERS
The documents following this section are all Side Letters of Agreement between
the International Association of Firefighters, Local 3523 and the City of San Luis
Obispo. They should not be construed to be part of the Memorandum of
Agreement and are not subject to the terms of Article 38, Full Agreement. Any
dispute over interpretation or application of the side letters shall be referable to
the grievance and arbitration procedures of the MOA.
SIDE LETTER
DOCUMENTS WHICH FALL WITHIN THE SCOPE OF REPRESENTATION
The City of San Luis Obispo and the International Association of Firefighters,
Local 3523, recognize the attached letter from William Avery, dated March 18,
1996, as defining which existing side letters and General Operations Manual
policies fall within the scope of representation. This agreement fulfills Paragraph
4, Article 35 of the 1994-97 Memorandum of Agreement.
CITY OF SAN LUIS OBISPO
�--
Ke Hampian, Assistant City Administrative Officer
Date '
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL 3523
Mark McCullough, President
Date
MIK-Ib199* 16:86 WIL.LIHM ALEW 8 F65UC. _ P,02
WI JJ"AVERY .
• &ASSOCIATES, INC-
MANAGEMENT CONSULTANTS
March 18, 1996
Wendy George
City of San Laos Obispo
990 Palm Smit
San Luis Obispo, CA 93401-3249
Dear Wendy-
Following
endyFollowing is my preliminary review of the issue of which general operations sections,personnel
rule sections and side letter or addendum MOA agreements should be incorporated into the existing
Memorandrmt between the City and the San Luis Obispo Firefighters Association. Please note that
while many of these doarments contain matters which relate to the scope for representation,it is
certainly not necessary that they be replicated in the MOA. In some uses a reference might be
appropriate. It should also be noted that whether or not a matter is incorporated in the MOA at all,
City's obligations with regard to meet and confer are the same.
GENERAL AL ORDERS
The following general orders sections contain matters within seopca
201.02 Relief
201.03 Fire Enginocr Positions
201.04 Minimum Stang Policy
201.05 Temporary Vacancies
202.01 Voluntary and Mandatory Overtime
204.01 Vacation
204.02 Compensatory Time Off
204.03 Holiday Leavc
204.04 Sick have Use/Cerdfication
204.08 Jury Duty
205.01 Bi-annual Abbreviated Rtness Testing
206.01 ShiftTransfers
206.04 Residency Requirements
302.15 Hazardous Materials
405.05 Telephone Pagers
The following general orders.while perhaps having some tangential impact on matters within
scope,are primarily matters of law,management right,or administrative in nature.
206.02 Smoking Regulations
205.03 Personnel Evaluations
207.01 Time Cards
208.01 Travel Reimbursement Authorization
902.03 in
Reports
603.01 Nighttime Inspectors
501.01 Training Program
501.02 Outside Training Program
501.03 RecruivTTobatioWry Training Regulations
35� N. Santa Cruz Avenue, Suite 5 • Los Galas, CA 95030 • (408) 399.4424 FAX (408) 399-4423
.••. au-a»c au•w W1LL1W'1 t4VCKT & r=51 . N.03
Page 2
PERSONNEL RULES
You provided me with a copy of the personnel rules It is not clear to me if there are requests that
sections of the personnel rules be referrnaod or incorporated in the MOA. If so,the following
appear to contain matters substantively affecting the scope of repmscatadoa
2.36.200 Probationary Period
2.36.240-B4 Compensation for Temporary Assignments
236320 All affecting discipline
2363�3�/0� "
236340 Y Y
236350
236390 Outsidc Employment ..
LErrI:'EtS OF AGRF.DvI>rNT
December L5. 1993 re: Hazardous Materials It would appear this meet and confer has concluded "
and the side letter need not be incorporated.
September 16, 1993,MOA language changes This language has already been incorporated. June
may be appropriate to reference the language under current staffmg.
ADDENDUM MOA'S
Layoff Policy-This language has already baa incorporated in the MOA.
Second PERS Health Benefit Program-This language has been incorporated in the MOA.
Drug Free WorlgAacc Policy-This addendum,and/or subsequent agreements could be referenced
in the MOA. This particular policy contains nothing other than minimum requirements of Federal
law.
Flexible Benefits Program-The language in this addendum oontains many steps which
presumably have been completed. A generalized reference in the MOA would be appropriate.
Medical Plan Review Committee-Sufficient language on this subject already appears in the MOA.
it need not be incorporated.
MISCELLANEOUS
The following documents have been provided. They have been given general operations policy
numbers although they are City-wide documents They would not appear to substantively impact
matters within scope.
209M Code of Ethics
209M Sexual Harrassment Avoidance Policy
20904 Affirmative Action Program
20909 Employer-Employee Resolution
20906 Guide to Family/Medical Leave Program
--- ���•• �••-•.•. waWAnl Hvrj%7 a ps= U . F.04
Page 3
The following policy could be incorpomtcd by reference or appended:
209.05 Catastrophic Leave Policy
Please call after you've had a chance to review this.
Si y,
William H.Avery
WHA:ksd
70TAL P.04