R 4263 RESOLUTION NO. 4263
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ARROYO GRANDE ADOPTING A SALARY AND BENEFIT
PROGRAM FOR EMPLOYEES REPRESENTED BY THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL
4403 AND REPEALING THOSE SECTIONS OF RESOLUTION
NO. 4043 ADOPTED ON NOVEMBER 13, 2007 IMPACTING
SAID EMPLOYEES
WHEREAS, the City Council deems it to be in the best interest of the City of Arroyo
Grande and its employees represented by the International Association of Fire Fighters
Local 4403 that compensation be fixed for all full -time non - management employees as
herein provided; and
WHEREAS, the City has established compensation and working conditions through the
meet and confer process with the designated employee representatives as set forth in
Exhibit "A "; entitled Memorandum of Understanding between the City of Arroyo Grande
and the International Association of Fire Fighters Local 4403, a copy of which is
attached hereto and incorporated herein by this reference.
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Arroyo
Grande that the compensation and working conditions for the International Association
of Fire Fighters Local 4403 as contained in Exhibit "A" are hereby approved, effective
retroactively to July 1, 2009.
BE IT FURTHER RESOLVED that this Resolution shall repeal those sections of
Resolution No. 4043 which established salary and benefits for full -time employees
represented by the International Association of Fire Fighters Local 4403.
On motion of Council Member Fellows, seconded by Council Member Arnold, and on
the following roll call vote, to wit:
AYES: Council Members Fellows, Arnold, Guthrie, Costello, and Mayor Ferrara
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 9` day of March 2010.
RESOLUTION NO. y24
PAGE 2
TONY FE , MAYOR
ATTEST:
KELLY W MtE, CITY CLERK
APPROVED AS TO CONTENT:
STEVENYADAMS, CITY MANAGER
APPROVED TO AS FORM:
TIM THY J. MEL, CITY ATTORNEY
EXHIBIT "A"
CITY OF
R OYO GRA
. „SIC ray:i, Tlio..11a
'' CALIFORNIA 4
2009/2010
(One Year)
MEMORANDUM OF UNDERSTANDING
BETWEEN
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 4403
AND
CITY OF ARROYO GRANDE
2009/2010
MEMORANDUM OF UNDERSTANDING
INTERNTIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4403
TABLE OF CONTENTS
ARTICLE 1: TERM OF MEMORANDUM 1
ARTICLE 2: RECOGNITION 1
ARTICLE 3: WAGES /INCREASES 1
ARTICLE 4: APPLICATION OF SALARY STEPS 1 -2
ARTICLE 5: ADVANCEMENT IN PAY 2
ARTICLE 6: SPECIALTY PAY 3
ARTICLE 7: EDUCATIONAL PAY 3
ARTICLE 8: UNIFORM AND EQUIPMENT ALLOWANCE 4 -5
ARTICLE 9: HOURS OF WORK AND OVERTIME 5 -6
ARTICLE 10: SHIFT EXCHANGES 6
ARTICLE 11: MINIMUM STAFFING 6
ARTICLE 12: CALLBACK PAY 6 -7
ARTICLE 13: VACATION LEAVE 7 -8
ARTICLE 14: HOLIDAY LEAVE 8
ARTICLE 15: SICK LEAVE 9
ARTICLE 16: BEREAVEMENT LEAVE 9
ARTICLE 17: FAMILY LEAVE 9 -10
ARTICLE 18: MILITARY LEAVE 10
ARTICLE 19: MEDICAL LEAVE 10
TABLE OF CONTENTS
(continued)
ARTICLE 20: EMERGENCY LEAVE 11
ARTICLE 21: JURY DUTY 11
ARTICLE 22: CAFETERIA PLAN 11 -12
ARTICLE 23: MEDICAL INSURANCE 12
ARTICLE 24: DENTAL INSURANCE 12
ARTICLE 25: VISION INSURANCE 12
ARTICLE 26: LIFE INSURANCE 13
ARTICLE 27: DISABILITY INSURANCE 13
ARTICLE 28: RETIREMENT 13 -14
ARTICLE 29: PHYSICAL FITNESS 14
ARTICLE 30: PHYSICAL EXAMS 15
ARTICLE 31: EDUCATION 15
ARTICLE 32: MODIFIED DUTY 15 -16
ARTICLE 33: MEALS DURING EMERGENCY RESPONSE 16
ARTICLE 34: REIMBURSEMENT FOR LOST OR DAMAGED PROPERTY 16
ARTICLE 35: BURN INJURIES 16
ARTICLE 36: PAYCHECKS 16
ARTICLE 37: PAYROLL DEDUCTIONS 17
ARTICLE 38: ANNIVERSARY DATES 17
ARTICLE 39: PROBATIONARY PERIOD 17
ARTICLE 40: PROMOTION 17
ARTICLE 41: POSITION CLASSIFICATION 18
ARTICLE 42: TRANSFERS 18
TABLE OF CONTENTS
(continued)
ARTICLE 43: TEMPORARY POSITIONS 18
ARTICLE 44: RESIGNATION 18
ARTICLE 45: DEMOTION 19
ARTICLE 46: LAYOFFS AND DISPLACEMENTS 19 -20
ARTICLE 47: USE OF PRIVATE VEHICLE /MILEAGE RATE 20
ARTICLE 48: PERSONNEL FILES 20 -21
ARTICLE 49: POSITION VACANCIES 21
ARTICLE 50: OUTSIDE EMPLOYMENT 21
ARTICLE 51: MANAGEMENT RIGHTS 21 -22
ARTICLE 52: GRIEVANCE PROCEDURE 22 -24
ARTICLE 53: IAFF LOCAL 4403 ACTIVITIES 25
ARTICLE 54: IAFF LOCAL 4403 ACCESS TO WORK LOCATIONS 25
ARTICLE 55: IAFF LOCAL 4403 USE OF CITY FACILITIES 25
ARTICLE 56: IAFF LOCAL 4403 MEET AND CONFER REPRESENTATION 26
ARTICLE 57: NO STRIKE /NO LOCKOUT 26
ARTICLE 58: NONDISCRIMINATION 26
ARTICLE 59: M.O.U. IMPLEMENTATION 26
ARTICLE 60: MAINTENANCE OF BENEFITS AND TERMS AND
CONDITIONS 27
ARTICLE 61: SAVINGS CLAUSE 27
2009/2010
MEMORANDUM OF UNDERSTANDING
BETWEEN THE REPRESENTATIVES OF THE
CITY OF ARROYO GRANDE AND THE
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS LOCAL 4403
ARTICLE 1. TERM OF MEMORANDUM OF UNDERSTANDING
The term of Memorandum of Understanding shall be from July 1, 2009 through June 30,
2010, and thereafter shall continue from year to year. Either party may request
modification by March 15, 2010, in which event, meeting and conferring shall begin no
later than April 15, 2010.
ARTICLE 2. RECOGNITION
The City recognizes the IAFF Local 4403 as the sole and exclusive bargaining unit for
all full -time, permanent classifications in the Fire unit. Classifications represented are
Fire Captains and Fire Engineers.
ARTICLE 3. WAGES / INCREASES
The IAFF Local 4403 represents the following employee classifications:
POSITION JULY 1, 2009 SALARY RANGE
Fire Captain 41
Fire Engineer 34
ARTICLE 4. APPLICATION OF SALARY STEPS
All employees entering the permanent, full -time employ of the City shall be paid at the
first step of the salary range, unless otherwise determined by the Fire Chief and City
Manager, established for his /her position classification. Salary step increases, as
provided herein, are not automatic but are based on performance and merit.
Employees shall be placed on the step designated by the City Manager for initial full -
time permanent employment and qualify for increase in compensation or advancement
to the next higher step of his /her salary range in the following manner:
Fire employees may qualify for advancement to the second or next step, after
completion of 12 months service, upon the recommendation of the Fire Chief and
approval of the City Manager.
Employees may qualify for advancement to the third or next step, after the completion of
one year of service at his /her second step, upon recommendation of the Fire Chief and
approval by the City Manager.
IAFF LOCAL 4403 MOU
PAGE 2
ARTICLE 4. APPLICATION OF SALARY STEPS (continued)
Employees may qualify for advancement to the fourth or next step, after the completion
of one year of service at his /her third step, upon recommendation of the Fire Chief and
approval by the City Manager.
Employees may qualify for advancement to the fifth or next step, after completion of one
year of service in his /her fourth step, upon recommendation of the Fire Chief and
approval by the City Manager.
A performance report on each employee recommended for advancement shall be
submitted to the City Manager by the Fire Chief prior to final action on such
recommendation.
ARTICLE 5. ADVANCEMENT IN PAY
The salary range as set forth for each classification is divided into five (5) steps, which
shall be interpreted and applied as follows:
A. The first step is the minimum rate and normally shall be the hiring rate.
B. The second step is granted to employees who are eligible for this adjustment
after completion of twelve (12) full calendar months of satisfactory service in a
classification and not prior to the completion of a probationary period. The
adjustment shall be made only if granted by the Fire Chief and subject to the
approval of the City Manager.
C. The third step shall be granted to an employee who has given satisfactory
service in a given classification for one (1) full additional year from granting of
previous step increase only if granted by the Fire Chief and subject to the
approval of the City Manager.
D. The fourth step shall be granted to an employee who has given satisfactory
service for one (1) full additional year by the Fire Chief and subject to the
approval of the City Manager.
E. The fifth step shall be granted to an employee who has given satisfactory service
for one (1) full additional year by the Fire Chief and subject to the approval of the
City Manager.
An employee must always continue to maintain an acceptable level of performance and
shall be evaluated by the Fire Chief annually.
IAFF LOCAL 4403 MOU
PAGE 3
ARTICLE 6. SPECIALTY PAY
A. In addition to the base rate of pay, determined under this MOU, employees
engaged in specialty assignments shall receive Specialty Pay as herein defined.
The Specialty Pay is to be included in all computation of overtime or other
benefits.
B. Hazardous Material Technician shall receive 2.5% additional pay over his /her
current step, provided those employees possess current certification. The
qualified employee shall notify the Fire Chief upon any change in status within
five (5) business days.
C. Hazardous Material Specialist shall receive 2.5% additional pay over his /her
current step, provided those employees possess current certification. The
qualified employee shall notify the Fire Chief upon any change in status within
five (5) business days.
Where job classifications require either of the above, Section B and /or C will not apply.
ARTICLE 7. EDUCATIONAL PAY
A. All unit employees may qualify for advancement of one salary range above their
position classified range upon receipt of a an Associated Arts Degree or
Associated Science Degree, in a field relative to their job classification, from an
accredited junior college, or upon earning a special license or certificate, deemed
to be equivalent to an AA/AS degree and is related to the performance of the
employee's duties and /or assignment, upon recommendation of the Fire Chief
and approval by the City Manager. For purposes of completion of certificated
courses related to an employee's duties and /or assignment equivalency
(including those programs resulting in a special license or certificate) or an
aggregate of the same which equals or exceeds 720 instructional hours, will be
deemed to be equivalent to an AA degree.
B. Unit employees who possess licenses or certificates as specified in Section A of
this Article, totaling less than 720 hours and more than 300 hours of instruction,
shall qualify for an advancement in salary of $20 per pay period upon
recommendation of the Fire Chief and approval by the City Manager.
C. All unit employees may qualify for advancement of two salary ranges above their
position classified range upon receipt of a Bachelor of Science /Bachelor of Arts
Degree in a field relative to their job classification, from an accredited college,
upon recommendation of the Fire Chief and approval of the City Manager.
D. Exceptions: When position classifications require an Associated Arts, Bachelor
of Science, or Bachelor of Arts Degree, no educational pay shall be paid to an
employee holding such a position. The City of Arroyo Grande agrees not to
require the following degrees: A.A., B.S., B.A. for the current positions
represented by the IAFF local 4403, unless agreed upon through the meet and
confer process.
E. The maximum Educational Pay incentive paid to unit employees shall be capped
at five percent (5 %) over the current classification range.
IAFF LOCAL 4403 MOU
PAGE 4
ARTICLE 8. UNIFORMS AND EQUIPMENT
A. The City shall provide cash allowances of four hundred fifty dollars ($450) to the
employees required by the Fire Chief to wear a uniform selected by the City.
This amount shall be paid on the first Friday following the first regular payday in
July for the period July through December of the same calendar year.
Such allowances shall be used by the employee to replace, maintain, repair, and
clean all designated uniform garments, hats, caps, shoes, leatherwear, and
ornamentation.
Upon the hiring of a Fire Department employee, the City will provide applicable
safety equipment and initial uniforms and ancillary equipment as specified by Fire
Department policy. The City will provide replacement safety equipment as
necessary.
B. Effective January 1, 2010, the City shall reimburse employees for the purchase
of uniforms and safety equipment up to a maximum of $550 for the remainder of
the fiscal year. All uniforms shall be compliant with NFPA standard 1500 and as
determined by the Fire Chief and shall include the items specified in C. below.
The type, style, and standards and frequency of maintenance of the uniforms and
equipment shall be determined by the Fire Chief and Union.
C. Upon hire, the following items qualify for purchase by the new employees
through authorized vendors subject to a one thousand ($1,000) limit. If an
employee is promoted from reserve status, items will be issued to augment their
uniform compliment:
Pants (up to 4)
Uniform shirts (up to 2)
T -shirts (up to 4)
Jacket w /liner (1)
Sweatshirts (up to 2)
Socks (up to 6)
Belt and buckle (1)
Ball cap (1)
Class A uniform (1 set, provided after employee completes probation)
Nameplate and insignias, including patches
Ancillary uniform and equipment items
Boots
The above list may be amended with approval of the Fire Chief and Union.
D. An account will be set up with the local uniform provider and employees shall
charge their approved items to the account. The uniform provider will then bill
the City for payment.
E. Uniform replacements will be made on an as- needed basis as determined by the
Fire Chief or his /her designee.
IAFF LOCAL 4403 MOU
PAGE 5
ARTICLE 8. UNIFORMS AND EQUIPMENT (continued)
F. City shall provide safety prescription glasses and lenses for employees who
require them for the performance of their duties. Glasses and lenses shall
comply with OSHA standards and be approved for purchase by the Fire Chief or
his /her designee.
ARTICLE 9. HOURS OF WORK AND OVERTIME
A. Workday
The normal workday shall be a consecutive twenty -four (24) hour period. A work
shift is defined as a work period of twenty -four (24) hours, commencing at 0700
hours and continuing until the next day, ending at 0700 hours (7 a.m. to the
following 7 a.m.).
Special assignment may require an employee to work a nine /eighty (9/80) work
schedule on a temporary basis. Should an employee be assigned to this
schedule, all leave benefits (vacation, sick, holidays, etc.) shall accrue at the 40-
hour work week accrual rate and no FLSA is given.
B. Workweek
The normal workweek shall average fifty -six (56) hours of work over the course
of a year, except in cases of emergency.
C. Shift Schedule
1. The work schedule is eight (8) twenty -four (24) hour shifts in a twenty -four
(24) day cycle.
X = 24 -hour on -duty period
0 = 24 -hour off -duty period
Schedule: XX0000XX0000XX0000XXOOOO
2. In the event the same shift is scheduled to work both Christmas Eve and
Christmas day in the same year, the shift scheduled to work December 23
will be exchanged with the shift scheduled to work December 24, unless
this impacts the FLSA and overtime cycle. If the FLSA cycle would be
impacted by exchanging the shifts scheduled to work December 25 and
26, the shift scheduled to work December 25 will be exchanged with the
shift scheduled to work December 26.
3. The Fire Department shall give no less than fifteen (15) days notice prior
to changing a shift assignment for non - emergency reasons.
IAFF LOCAL 4403 MOU
PAGE 6
ARTICLE 9. HOURS OF WORK AND OVERTIME (continued)
D. Overtime
Overtime shall be paid at time and one -half of the employee's base salary for all
actual hours worked in excess of two hundred and eighty -two (182) hours in a
twenty-four (24) day cycle and in accordance with the Fair Labor Standards Act
(FLSA). Overtime shall be computed to the nearest one quarter (1/4) hour. For
those assigned to an eight (8) hour day, overtime shall be paid for hours worked
in excess of forty (40) hours per week.
E. Compensatory Time
At the request of any employee eligible for overtime pay, his /her supervisor will
provide that, in lieu of cash payment for any overtime, he /she may have the
choice of time off with pay at the rate of one and one -half (1 and 'IA) hours for
each hour of overtime worked. The department will have a procedure for
granting the time off and filling the position in accordance with FLSA. The limit
for accrued compensatory time off is two hundred and forty-five (245) hours.
Compensatory time off in excess of two hundred and forty -five (245) hours shall
be paid to the employee on the first Friday following the first pay date in
December of each calendar year. The pay rate shall be at the employee's
straight hourly wage in effect during the pay period containing the Friday after the
first pay date in December. Upon separation from employment, an employee is
entitled to receive cash compensation for any unused compensatory time.
ARTICLE 10. SHIFT EXCHANGES
An employee may exchange all or any portion of a work shift in a manner consistent
with the FLSA and Department policy, provided the replacement is a qualified
employee. The City is not responsible for shift exchange arrangements made between
employees and is not responsible for any record keeping. Outstanding shift exchange
paybacks are the responsibility of the individuals involved. According to the FLSA, shift
exchanges are not considered "hours worked' and, therefore, do not have to be paid
back in the twenty-four day cycle. An employee who owes exchange time to another
employee shall work for the other employee, and cannot pay it back in vacation time or
other paid leave time.
ARTICLE 11. MINIMUM STAFFING
Twenty-four (24) hour minimum staffing each day shall consist of one (1) Full -Time Fire
Department Captain and one (1) Full -Time Fire Department Engineer. In cases of
emergency, a Chief Officer may also elect to add additional staffing, as he /she may
deem necessary to mitigate life- threatening situations.
ARTICLE 12. CALLBACK PAY
Callback is defined as, "the circumstances that requires an employee to unexpectedly
return to work after the employee has left work at the end of the employee's work day or
work week." An employee called back to work will receive a minimum two (2) hours
overtime pay. An employee called back for overtime pay shall not be required to fulfill
IAFF LOCAL 4403 MOU
PAGE 7
ARTICLE 12. CALLBACK PAY (continued)
the hourly obligation to receive callback pay. An employee called in early to start his /her
work shift without prior reasonable notice will receive a minimum two (2) hours overtime
pay. Reasonable notice shall be defined as, "the number of hours in the employee's
standard shift." Overtime pay shall commence from the time the employee signs in at
the Fire station.
ARTICLE 13. VACATION LEAVE
A. The purpose of annual vacation leave is to enable each eligible employee to
annually return to his /her work mentally and physically refreshed.
B. Each eligible employee shall be required to have served the equivalent of one (1)
year of continuous service with the City in order to be eligible for his /her full
annual vacation leave. However, in the event an employee so chooses, he /she
may, after six (6) continuous months of service, take vacation leave not to
exceed fifty -six (56) working hours with his /her Supervisor's approval.
C. Employees who terminate employment shall be paid at termination; and upon
return of all City -owned property, if any, a lump sum for all accrued vacation
leave earned prior to the date of termination.
D. Vacation leave with pay shall be earned in accordance with the following
schedule:
AFTER: YEARS = HOURS PER MONTH
01 9.34
02 11.20
03 12.14
04 13.08
05 14.00
06 14.00
07 14.94
08 14.94
09 15.88
10 15.88
11 16.80
12 16.80
13 17.74
14 17.74
15 18.68
E. If for any reason an employee becomes ill during a vacation, the affected
employee shall be entitled to utilize such available sick leave in lieu of vacation
leave.
F. Vacation leave may be taken as it accrues. Vacation shall be scheduled at the
discretion and convenience of each individual employee, with the consent of the
Supervisor, within the limitation necessitated by legitimate operational needs of
the City.
IAFF LOCAL 4403 MOU
PAGE 8
ARTICLE 13. VACATION LEAVE (continued)
G. In the event the scheduling preferences of two (2) or more employees conflict,
the preferences of the more senior employee from date of hire shall govern
barring any unusual circumstances.
H. An employee must use a minimum of 50% vacation leave earned
each calendar year during that same calendar year. The balance of the vacation
leave remaining unused during that same calendar year may be accrued.
Exception is made to this paragraph for all new employees commencing City
employment after December 31 of each year so that there is no requirement
upon a new employee to use a minimum of 50% of vacation leave earned by the
first December 31 after employment commences.
Employees may accrue vacation leave up to a maximum of 315 hours. In the
event an employee's accrued vacation leave exceeds the maximum allowable on
January 1, the employee shall be paid at his /her January 1 hourly wage rate for
those hours accrued in excess of the maximum allowable. Payment shall be
made on the first Friday following the first regular payday in January. Upon
request of an employee, an exception to the accrual limit may be made upon
recommendation by the Department Director and approval by the City Manager.
ARTICLE 14. HOLIDAY LEAVE
A. The following holidays are the designated holidays for full -time Fire Department
employees. In lieu of the designated holidays, employees will be provided 6.07
hours of straight -time pay semi - monthly.
1. Independence Day
2. Labor Day
3. Veteran's Day
4. Thanksgiving
5. Day following Thanksgiving
6. Christmas Eve, half day
7. Christmas
8. New Year's Eve, half day
9. New Year's Day
10. Martin Luther King Day
11. Lincoln's Birthday
12. President's Day
13. Memorial Day
14. One day per fiscal year of the employee's choice with Supervisor approval
(Floating Holiday).
B. Special Holidays:
Every day designated by the President, Governor, or Mayor for public
observance as a special, nonrecurring single event, such as the death of a
national leader or end of a war shall be a City -paid holiday.
IAFF LOCAL 4403 MOU
PAGE 9
ARTICLE 15. SICK LEAVE
A. All full -time, permanent employees shall accrue 11.2 hours of sick leave with pay
for each month of service. The maximum accumulation of earned sick leave
shall be 1,680 hours. An employee will not accumulate any additional sick leave
until such time as his /her accumulated balance falls below 1,680 hours. Upon
retirement an employee may choose to be paid 50% of his /her unused sick
leave, to a maximum of 480 hours at his /her current rate of pay. Upon
retirement, unused accumulated sick leave may be converted to PERS
retirement credit per the City's contract with PERS. At the end of each calendar
year, each employee has the option of being paid straight time for 25% of his /her
unused sick leave of that year, transferring it to vacation, or leaving it in sick
leave.
B. Employees may transfer sick leave on a voluntary basis to a fellow employee
who has exhausted all his /her sick leave and vacation leave due to an extended
illness or injury. The transfer shall be based on each employee's hourly rate of
pay and shall not exceed twenty-four (24) hours of sick leave based on the hourly
rate of pay of the receiving employee. The transfer shall be requested on a form
provided by the City, be completed by both employees who mutually request
such transfer, and submitted for approval to their Department Directors and the
City Manager for final approval. The receiving employee shall not be obligated to
repay any transferred leave to the contributing employee, and contributing
employee understands that such transfer shall be deemed as if used and will be
subject to all other provisions applicable.
ARTICLE 16. BEREAVEMENT LEAVE
Unit employees shall be granted leave by their Department Director whenever the
affected employee has experienced a death in the immediate family, defined as the
spouse, the employee's or employee's spouse's father, mother, brother or sister, child
or stepchild, grandparents, grandchildren, son -in -law, daughter -in -law, "step" relatives
as described above, aunt or uncle, or any other person residing in the same household
where attendance to the funeral is necessary.
Such absence by the employee shall be limited to three (3) working shifts per
occurrence of paid leave as approved by Fire management. Such leave is not
chargeable against sick or vacation leave. As a condition of granting leave for
bereavement purposes, the employee must submit an approved declaration or other
evidence such as a death certificate or obituary, acceptable to Fire management
justifying such absence.
ARTICLE 17. FAMILY LEAVE
Pursuant to the State and Federal Leave Acts, the following is provided for all
employees who have been employed a minimum of twelve (12) months and have
worked at least 1,250 hours during the 12 -month period preceding leave:
IAFF LOCAL 4403 MOU
PAGE 10
ARTICLE 17. FAMILY LEAVE (continued)
A. Up to twelve (12) weeks (60 workdays) unpaid leave in a twelve (12) month
period. Intermittent leave is allowed.
B. Leave may be taken for: 1) birth of and care of newborn child; 2) placement of
child with employee for adoption or foster care; 3) to care for spouse, child, or
parent having serious health condition; 4) employee's own serious health
condition.
C. The employee's insurance including medical, dental, vision, and life insurance
will be maintained under the same conditions as if the employee were still
working.
D. Request for leave must be made 30 days prior to leave, when the need is
foreseeable and such notice is practical.
E. Employee may use accrued vacation, holiday, or personal leave during family
leave. Sick leave may be used for employee and /or immediate family illness or
disability.
F. Upon return to work, employee will be restored to same or equivalent position
with equivalent benefits.
All other provisions of the federal Family Medical Leave Act ( "FMLA ") and state
California Family Rights Act ( "CFRA ") apply.
ARTICLE 18. MILITARY LEAVE
Employees taking military leave with the National Guard or Reserves shall be entitled to
full City pay and benefits as required by State statute.
All military leave in excess of thirty (30) calendar days per year, if granted by the City,
shall be without City pay or City-paid benefits and shall be for a period not to exceed
state and federal law. The employee may elect to retain his /her City health insurance
for up to twenty-four months, by paying the required premiums. Reemployment rights
are governed under the Uniformed Services Employment and Reemployment Rights
Act ( "USERRA ").
ARTICLE 19. MEDICAL LEAVE
Medical leave without pay may be granted for the purpose of recovery from prolonged
illness or injury or to restore health, or for pregnancy upon employee's written request to
and approved by the Department Director and City Manager, subject to submission of
medical certification. During the approved leave period, the City will not pay employee
benefits; however, the employee may elect to maintain City medical insurance coverage
for employee and dependents at employee's sole cost if such coverage of all individuals
is in effect at the time of leave.
IAFF LOCAL 4403 MOU
PAGE 11
ARTICLE 20. EMERGENCY LEAVE
Emergency leave without pay may be granted to any permanent employee who, upon
written request to and approved by the Department Director and City Manager,
demonstrates that the leave is necessary for personal reasons beyond his /her control or
will serve to improve his /her ability as an employee of the City. Emergency leaves may
be granted up to a maximum of one (1) year. Upon expiration of an approved
emergency leave, the employee shall be reinstated in the position held at the time leave
was granted. The leave period shall not be credited to employee seniority or credited
toward time served with the City. Failure on the part of the employee on leave to report
promptly at the leave's expiration shall be cause for discharge. During the leave period
the City will not pay employee benefits; however, the employee may elect to maintain
City medical insurance coverage for employee and dependents at employee's sole
expense if such coverage of all individuals is in effect sixty (60) days prior to leave
application to the City Manager.
ARTICLE 21. JURY DUTY
Employees shall be granted leave, with full pay and no loss in benefits, when called for
jury duty, if the employee remits jury fees received for such jury duty. The employee
may retain all travel pay or subsistence pay granted by the court because of the
employee's participation in jury duty. The employee shall be responsible for notifying
his /her supervisor as soon as possible upon receiving notice to appear for jury duty,
make every reasonable effort to keep his /her supervisor advised as to the anticipated
length of service, and return to work immediately following the end of jury duty service.
ARTICLE 22. CAFETERIA PLAN
Effective January 1, 2008, the City shall contribute an equal amount towards the cost of
medical coverage under the Public Employee's Medical and Hospital Care Act
(PEMHCA) for both active employees and retirees. The City's contribution toward
coverage under PEMHCA shall be the minimum contribution amount established by
CaIPERS on an annual basis. Effective January 1, 2009, the City's contribution under
PEMHCA shall be $101.00.
Effective January 1, 2009, employees participating in the City's full flex cafeteria plan
shall receive a flex dollar allowance to purchase group health coverage under the City's
Cafeteria Plan. The flex dollar allowance for 2009 shall be:
For single employees: $511.34
For employee + 1 dependent: $935.54
For employee + 2 or more dependents: $1,198.04
The flex dollar allowance for 2010 shall be the amounts above adjusted by 75% of the
increase of the Blue Shield HMO medical premiums and the full increase of the dental
and vision plan.
IAFF LOCAL 4403 MOU
PAGE 12
ARTICLE 22. CAFETERIA PLAN (continued)
A portion of the flex dollar allowance ($101.00) is identified as the City's contribution
towards PEMHCA. This amount will be adjusted on an annual basis as the PEMHCA
minimum contribution increases. Remaining flex dollars must be used by employees to
participate in the City's health plans. Employees who waive medical coverage under
the Cafeteria Plan because he /she provided the City with written proof that medical
insurance coverage is in force through coverage provided by another source consistent
with any rules or restrictions on the City by the medical plan provider, can take flex
dollars in the amount of $420.18 for 2009 and $420.18 plus 75% of the increase of the
Blue Shield HMO medical premium for 2010 as cash (taxable income), deposit it into
their 457 plan, or use it to purchase voluntary products. No remaining flex dollars may
be redeemed.
ARTICLE 23. MEDICAL INSURANCE
A. The base medical plan shall be defined as the Health Maintenance Organization
(HMO) program available to the City. If availability of an HMO to the City is
discontinued by the medical plan provider, the base plan will become the basic
PPO plan available to the City by the existing medical plan provider.
B. The City will maintain health benefits through CaIPERS for calendar year 2010.
ARTICLE 24. DENTAL INSURANCE
The City shall provide for all employees in classifications represented in this
Memorandum of Understanding a dental plan of the City's choice. The City shall pay up
to the full family premium. The City may select an alternate dental insurance plan
provider during the term of this M.O.U. providing that:
A. Any new plan maintains equivalent benefits to the employees; and
B. At least twenty-one (21) days advanced notice of plan changes are provided to
IAFF Local 4403.
ARTICLE 25. VISION INSURANCE
The City shall provide a Vision Care Plan for bargaining unit members. The City shall
contribute the full family premium. The City may select an alternate vision care provider
during the term of the M.O.U. providing that:
A. Any new plan maintains equivalent benefits to the employees; and
B. At least twenty-one (21) days advanced notice of plan changes are provided to
IAFF Local 4403.
IAFF LOCAL 4403 MOU
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ARTICLE 26. LIFE INSURANCE
The City shall provide group term life insurance benefit plan for bargaining unit
members, which shall provide for forty thousand dollars ($40,000) life coverage for
employees only during the term of their employment. Full cost for said policy will be
paid for by the City.
ARTICLE 27. DISABILITY INSURANCE
The City shall provide and pay the premiums for State Disability Insurance, integrated
with sick leave. Effective January 1, 2004, the City will pay the premiums for the new
Family Temporary Disability Insurance. Should there be any future rate increases to
State Disability Insurance and /or Family Temporary Disability Insurance plans after
January 1, 2004, the City and IAFF Local 4403 agree to meet and confer to discuss
responsibility for payment of such increases.
ARTICLE 28. RETIREMENT
A. PERS Retirement Contributions
1. G.C. Section 21363.1. The PERS 3% at Age 55 Retirement Plan is
provided for unit personnel, with the City paying back to each employee
an amount equal to the 9% deduction from the employee's paycheck for
PERS retirement.
2. G.C. Section 20636 (c)(4) pursuant to Section 20691. The employee
portion of the PERS contribution, made by the City, shall be reported to
PERS as income.
3. G.C. Section 21024 and 21027. Employees may buy back, at their
expense, retirement service credit for prior military service as permitted by
PERS.
4. GC Section 20042. The PERS Plan shall be based upon single highest
year compensation.
5. GC Section 20965. Employees will receive credit for unused sick leave.
B. Retirement Defined
Retirement is defined as the termination of employment at an age when the
employee would qualify for an allowance under the Public Employees Retirement
System (PERS) and the City's Personnel Regulations.
C. Retiree Medical
1. Employees who retire from City service will be allowed to purchase
medical insurance coverage through the City.
IAFF LOCAL 4403 MOU
PAGE 14
ARTICLE 28. RETIREMENT (continued)
2. GC Section 22892. Effective January 1, 2008, the City's contribution shall
be an equal amount for both employees and annuitants, which shall be the
minimum contribution amount established by CaIPERS on an annual
basis. During calendar year 2008, that amount shall be ninety -seven
dollars ($97) per month. Commencing January 1, 2009, the City's
contribution shall be adjusted annually by the CaIPERS board to reflect
any change in the medical care component of the consumer Price Index,
providing that the City is participating in the CaIPERS Health Plan.
3. Effective January 1, 2008, the City shall provide a supplemental
contribution to employees that are: 1) employed on a full -time basis as of
January 1, 2008 and who have been employed with the City on a full -time
basis for five (5) years or more at the time of retirement; or 2) employed
on a full -time basis after January 1, 2008 and who have been employed
by the City on a full -time basis for ten (10) years or more at the time of
employment.
The supplemental contribution shall be equal to the difference between
the minimum contribution amount established by CaIPERS as set forth
above in Article 28, Section C.1 and the following amounts:
For single annuitant coverage: $161.11
For annuitant + 1 dependent: $295.09
For annuitant + 2 or more dependents: $354.42
4. If employee retirement medical benefit amounts greater than those in
effect on January 1, 2008 are provided to management or any other City
employee bargaining unit during the term of this MOU, then the City and
IAFF Local 4403 shall reopen negotiations to meet and confer on
providing employee retiree medical benefit amounts consistent with the
methodology used to calculate the retiree medical benefit amounts for the
other represented or non - represented employees.
ARTICLE 29. PHYSICAL FITNESS
Employees shall be allotted up to one and one half (1'/z) hours per twenty-four hour shift
(including shower /cleanup time) for physical fitness workouts. The time for the workout
shall be designated by the Fire Chief or his /her designee. If mission requirements do
not allow for the completion of the physical fitness workouts, the workout period may be
extended or rescheduled during the shift at the discretion of the Company Officer if time
permits.
IAFF LOCAL 4403 MOU
PAGE 15
ARTICLE 30. PHYSICAL EXAMS
City shall pay for any physical examination expressly required by State or Federal law
as a condition of employment if conducted by the City contracted medical provider.
Such physical examinations shall be scheduled with the approval of the Fire Chief.
Depending on the length of the exam, the Fire Chief will determine if the appointment
may be scheduled on or off duty. Physical examinations required for participation in the
countywide Hazardous Materials Response Team may be conducted while off duty.
ARTICLE 31. EDUCATION
A. Definition
For training or certification which is required by job specifications, legal
mandates, and /or which is required by the City, the City will provide for such
training and /or certification, including paid City time to attend the training and to
pay for costs associated with the training, provided that funds for such training
are included in the current City budget.
This section does not apply to training courses and /or certifications required for
advancement/promotion to a new position.
B. For training or certification which is encouraged by the City in support of
identified programs, the City will provide for such training and /or certification,
including providing City time to attend the training and to pay for costs associated
with attending the training, provided that the program for which the training
and /or certification is related remains in operation and that funds for such training
are included in the current City Budget.
ARTICLE 32. MODIFIED DUTY
An employee who is unable to perform the essential functions of his or her job, with or
without reasonable accommodation, due to an injury or illness may request to be placed
on modified duty. The employee must provide the Fire Chief or his or her designee with
a doctor's note describing the restrictions that he or she may have. If a modified duty
assignment is available that is within the employee's restrictions, the Fire Chief or his or
her designee may approve the request.
A modified -duty work assignment is generally administrative in nature and may require
working at a desk, typing, driving and walking depending on an employee's medical
restrictions. The schedule is typically 40 hours a week.
Once on a forty -hour week schedule, all leave balances and accruals (Holiday,
Vacation, Sick Leave, etc.) are changed to reflect a 40 -hour workweek. To convert paid
leave time accruals and balances from a 56 -hour workweek to a 40 -hour workweek,
rates will be divided by a factor of 1.4. Any leave taken during the modified duty
assignment is taken at the 40 -hour workweek accrual rate and no FLSA is given.
IAFF LOCAL 4403 MOU
PAGE 16
ARTICLE 32. MODIFIED DUTY (continued)
Modified duty assignments will commence on the first day of a pay - period. When the
employee's treating doctor provides a written release to return the employee back to full
duty and it has been approved by the Fire Chief or his or her designee, the employee
will return to their appropriate shift on their next scheduled workday, providing the return
date 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, unless emergency circumstances occur. To convert paid leave
time accruals and balances from a 40 -hour workweek back to a 56 -hour workweek,
rates will be multiplied by a factor of 1.4.
ARTICLE 33. MEALS DURING EMERGENCY RESPONSE
If on -duty personnel are available, a reasonable attempt shall be made to provide meals
to employees engaged in an extended local emergency response within six (6) hours of
initial response to the incident by the employee and at six (6) hour intervals thereafter.
ARTICLE 34. REIMBURSEMENT FOR LOST OR DAMAGED PROPERTY
When uniform and equipment items authorized by the Fire Department are lost or
damaged on duty, other than by normal wear and tear, the City shall replace the items
or reimburse employees for the lost or damaged item at full value. All claims shall be
filed in writing consistent with the City's policy, verified by the employee's immediate
supervisor, and approved by the Fire Chief. Employees shall not be entitled to
reimbursement for loss or damage caused by the employee's negligence, malfeasance
or misfeasance. The Union and Fire Chief shall agree upon a list of personal property
subject to reimbursement. Such list may be amended with approval of the Fire Chief
and Union.
ARTICLE 35. BURN INJURIES
The City agrees to enter into a Memorandum of Understanding with the Grossman
Medical Group Inc. to provide burn treatment to fire personnel in the event of a
significant work related burn injury.
ARTICLE 36. PAYCHECKS
The City will pay regular checks on a biweekly basis. The paychecks will be provided to
the Fire Department for distribution to employees by 3:00 p.m. the day prior to the
designated payday unless technical difficulties occur which are beyond the control of
the City. In any event, paychecks will be provided no later than 5:00 p.m. on the City's
designated payday. However, no check may be deposited into a financial institution to
be recorded by the issuing bank prior to the date of the designated payday. If an error
occurs in the amount of the paycheck over two hundred and fifty dollars ($250.00), upon
request by the employee, a corrected check shall be issued to the employee within
three (3) business days.
IAFF LOCAL 4403 MOU
PAGE 17
ARTICLE 37. PAYROLL DEDUCTIONS
Requests for changes in and cancellation of Group dues shall be promptly processed by
the Group and put into effect by the City at the employee's request. Deductions for
dues shall be made twice monthly by the City. Requests for deductions shall be made
on City- approved authorization cards.
The IAFF Local 4403 agrees to indemnify and hold the City harmless from any liabilities
that may arise as a result of the application of this article.
ARTICLE 38. ANNIVERSARY DATES
All current employee anniversary dates shall be as contained in the current City records.
All employees hired after July 1, 1986 shall have an anniversary date the same as date
of hire.
ARTICLE 39. PROBATIONARY PERIOD
All appointments shall be tentative and subject to a probationary period of twelve (12)
months. The Fire Chief, with the consent of the City Manager, may extend the
probationary period for specified cause(s) that shall be provided in writing to an
employee. All probationary employees who are being placed on an extended
probationary period shall be given written notice of the extension prior to the expiration
of their probationary period. In the event no such notice is given, the employee shall be
considered to have successfully completed his /her probationary period. An employee
who is in a position that is reclassified shall not be required to complete an additional
probationary period. The probationary period shall be regarded as a part of a
continuing testing process and shall be utilized for closely observing the employee's
work, for securing the most effective adjustment of a new employee to his or her
position, and for rejecting any probationary employee whose performance does not
meet the required standards of work. The Fire Chief, with the consent of the City
Manager, may release the probationary employee from City employment without cause
at any time during the probationary period.
ARTICLE 40. PROMOTION
Transfer of an employee to a higher range shall result in an increase in salary. The
employee's salary shall be placed on the salary step of the new range which would
result in at least a five percent (5 %) increase in salary compared to the employee's
existing salary. All current employees shall be given consideration for a position
opening that will be filled by promotion if they meet the minimum requirements for the
position on the date the announcement closes. In the event the promoted party is
removed during the probationary period from the position to which promoted, the
employee shall not be considered demoted but shall be returned to the range from
which promoted if their former position is still available. No changes in step shall occur
as a result of an employee passing the promoted position probationary period. A
promoted employee shall retain his or her anniversary date held prior to promotion.
IAFF LOCAL 4403 MOU
PAGE 18
ARTICLE 41. POSITION CLASSIFICATION
Classification Changes: During the course of this M.O.U., the City shall notify the
employee concerned in case of contemplated change in job content as contained in the
classification descriptions that were in effect at the beginning of the agreement.
Working Out of Classification: The term "working out of classification" is defined as a
Management- authorized, full -time assignment to a budgeted position on a temporary
basis, wherein an individual holding a classification within a lower compensation range
performs all significant duties. Pay for working out of classification shall be as follows:
A. Employees appointed to unfilled positions on an "out of classification" basis will
receive acting pay within the range of the higher classification beginning the first
day of the assignment
B. Employees appointed to a position for vacation, sick leave, or other leave of
absence coverage will receive acting pay within the range of the higher
classification after three (3) consecutive workdays (72 hours) of assignment in
the acting position.
Such acting pay shall be a minimum of five percent (5 %) over the employee's
current salary.
"Out of classification" provisions do not apply to work assignments performed in
connection with specific predetermined apprenticeship or training programs or declared
conditions of emergency and /or disaster.
ARTICLE 42. TRANSFERS
Transfer of an employee to a position within the employee's current range shall not
affect the employee's salary range. Transfer of an employee to a position within a
higher range shall be considered a promotion. Transfer of an employee to a lower
range shall be considered a demotion.
ARTICLE 43. TEMPORARY POSITIONS
The Fire Chief may temporarily promote an employee only after entering into a written
agreement of the terms of such temporary promotion with the employee.
ARTICLE 44. RESIGNATION
An employee wishing to leave his /her employment with the City in good standing shall
file with his /her supervisor a written resignation stating the effective date of his /her
resignation and the reason for leaving. The resigning individual shall file such written
resignation at least two (2) weeks in advance of the effective termination date, if
possible.
IAFF LOCAL 4403 MOU
PAGE 19
ARTICLE 45. DEMOTION
Transfer of an employee to a lower class shall result in reduction of salary. The
employee's salary shall be placed in the identical step in the lower class that the
employee enjoyed in the class from which demotion was made.
Demotion can be made for cause, which shall be provided to the employee in writing by
the Fire Chief prior to any action taking place. Demotion for disciplinary reasons may
be appealed through the grievance procedure by the demoted employee. Demotion for
other reasons is not appealable.
ARTICLE 46. LAYOFFS AND DISPLACEMENT
Layoffs:
Whenever, in the judgment of the City, it becomes necessary to make a reduction in
force, whenever possible, said reduction shall be accomplished through attrition.
Layoffs shall be made by classification and may be department -wide or by division,
program, or function.
Workers subject to a reduction in force shall be given at least forty -five (45) working
days' notice prior to the effective date of the layoff. The notice shall contain the
information required in Section X. "Layoff Procedure" of the Personnel Regulations.
The IAFF Local 4403 shall receive concurrent notice and shall be granted an
opportunity to meet and consult with the City to discuss proposed alternatives to a
reduction in force.
Permanent full -time employees and permanent part-time employees shall be
considered separately when the order of layoff reaches C. and D. below. Nothing
herein is intended to require a preference for or against either full -time or part-time
permanent employees in the order of layoff.
When one or more workers performing in the same class in a City department is to face
a reduction in force, that worker's most recent annual evaluation and seniority shall be
used to determine the order of layoff pursuant to the following procedures:
The order of layoff shall be as follows:
A. Temporary workers in inverse order of seniority (least first);
B. Probationary employees in inverse order of seniority;
C. Permanent employees whose most recent annual evaluations were below
satisfactory in inverse order of seniority; and
D. Permanent employees in inverse order of seniority.
IAFF LOCAL 4403 MOU
PAGE 20
ARTICLE 46. LAYOFFS AND DISPLACEMENT (continued)
"Seniority" for the purposes of this Article shall be defined as the length of service as a
permanent full -time employee with the City. When determining seniority for permanent
full -time positions within a classification subject to layoff, only permanent full -time
service shall be considered.
Displacement:
Permanent full -time employees subject to layoff shall have the right to displace an
employee in the same classification in any Department of the City or in a different class
within the City with the same or lower salary range provided, however, that:
A. The employee subject to layoff has greater seniority than the employee being
displaced and was rated at a minimum of competent/satisfactory in his /her latest
evaluation.
B. If the displacement is to a different class, it must be a class in the same
occupational series as determined by the City with the concurrence of IAFF Local
4403 or, to a class previously held by the employee as a permanent full -time
employee of the City.
If a position in the laid -off employee's classification, or a similar position in a
classification for which the City determines the former employee is suited, becomes
available within twenty -four (24) months of layoff, said former employee shall be
recalled and offered the position in the inverse order of layoff. If a job in a lower paid
classification becomes available within twenty-four (24) months, the City shall review
the previously laid -off employees' qualifications. If such laid -off former employees are
qualified in the judgment of the City, he /she may fill the slot(s) until his /her former
position becomes available, if ever.
ARTICLE 47. USE OF PRIVATE VEHICLE / MILEAGE RATE
No worker shall be required as a condition of obtaining or continuing City employment,
to possess or provide a private vehicle for use in connection with his /her City
employment. The City shall reimburse employees at the rate established by the City
Council for use of personal vehicles when such employees agree to such use upon
stated request of the City. Transportation to and from work shall not be reimbursed.
ARTICLE 48. PERSONNEL FILES
An employee or his /her designee may inspect his /her personnel file and obtain copies of
any and all items in that file at the employee expense. A copy of all materials placed in
an employee's personnel file shall be provided to the employee upon the employee's
request.
No adverse comment may be entered into a personnel file without the employee having
first read and signed the instrument. If, after reading the instrument the employee
refuses to sign it, that fact shall be noted on that document, and signed or initialed by
IAFF LOCAL 4403 MOU
PAGE 21
ARTICLE 48. PERSONNEL FILES (continued)
the employee. He /she then has 30 calendar days to prepare a written response to any
adverse comment entered into his /her file. The written response shall be attached to,
and shall accompany, the adverse comment.
If an employee believes there is material in their file that is mistaken or unlawful, he /she
may submit a request to correct or delete the disputed material. The agency then has
30 calendar days to respond to the request.
ARTICLE 49. POSITION VACANCIES
Should the City determine that a vacancy would not be filled, such determination shall
be made within one hundred and twenty (120) working days of the date upon which the
worker vacated the position. Upon said determination the City will notify the workers in
the affected department.
ARTICLE 50. OUTSIDE EMPLOYMENT
No full -time employee shall engage in outside employment or an enterprise that his /her
Department Director and /or the City Manager may find unsuitable and in conflict with
their municipal duties or responsibilities or that lessens their effectiveness as a City
employee.
ARTICLE 51. MANAGEMENT RIGHTS
The City retains all its exclusive rights and authority under State law and City
ordinances and expressly and exclusively retains its management rights, which include
but are not limited to:
A. the exclusive right to determine the mission of its constituent departments,
commissions, boards;
B. set standards and levels of services;
C. determine the procedures and standards of selection for employment and
promotions;
D. direct its employees;
E. determine the methods and means to relieve its employees from duty because of
lack of work or other lawful reasons;
F. maintain the efficiency of governmental operations;
G. determine the methods, means, and numbers and kinds of persons by which
government operations are to be conducted;
H. determine methods of financing;
IAFF LOCAL 4403 MOU
PAGE 22
ARTICLE 51. MANAGEMENT RIGHTS (continued)
determine style and /or types of City- issued equipment to be used;
J. determine and /or change the facilities, methods, technology, means,
organizational structure and composition of the work force, and allocate and
assign work by which the City operations are to be conducted;
K. determine and /or change the number of locations, relocations, and types of
operations, processes, and materials to be used in carrying out all City functions,
including, but not limited to, the right to contract for or subcontract any work,
labor, services, or operations of the City;
L. assign work to and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules and
assignments upon reasonable notice;
M. establish and modify productivity and performance programs and standards;
N. discharge, suspend, demote, reprimand, withhold salary increases and benefits,
or otherwise discipline employees in accordance with applicable law.
The IAFF Local 4403 recognizes that the City has, and will continue to retain whether
exercised or not, the unilateral and exclusive right to operate, administer, and manage
its municipal services and work force performing those services in all respects, subject
to this Memorandum of Understanding; provided, however, that the exercise of such
rights does not preclude employees or their representatives from conferring or raising
grievance about the practical consequences that decisions on these matters may have
on wages, hours, and other terms and conditions of employment. Nothing in this
Management Rights clause modifies the scope of representation defined on the
Meyers- Milias -Brown Act.
ARTICLE 52. GRIEVANCE PROCEDURE
Purpose:
A. This grievance procedure shall be the exclusive process to resolve grievances as
the term is defined herein below:
B. The purposes of this procedure are:
1. To resolve grievances informally at the lowest level; and
2. To provide an orderly procedure for reviewing and resolving grievances
promptly.
IAFF LOCAL 4403 MOU
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ARTICLE 52. GRIEVANCE PROCEDURE (continued)
Definitions:
A. Grievance means "a complaint by an employee concerning the interpretation or
application of the provisions of this M.O.U. or of rules or regulations governing
personnel practices or conditions, which complaint has not been resolved
satisfactorily in an informal manner between the employee and his /her immediate
supervisor."
B. As used in this procedure, the term "immediate supervisor" means the individual
so designated by the Fire Chief who assigns, reviews, and directs the work of an
employee at the first level.
Time Limits:
Each party involved in a grievance shall act quickly so that the grievance may be
resolved promptly. Every effort should be made to complete action within the time limits
contained in the grievance procedure; however, with the written consent of all parties,
the time limitation for any step may be extended.
STEP 1
The grievance initially shall be personally discussed between the employee and his /her
immediate supervisor. Within ten (10) days, the immediate supervisor shall give his /her
decision or response.
STEP 2
A. If the grievance is not informally resolved to the satisfaction of the grievant in
Step 1, a formal grievance may be initiated. A formal grievance must be initiated
no later than:
1. Thirty (30) days after the event of circumstances occasioning the
grievance; or
2. Within ten (10) calendar days of the Step 1 decision rendered in the
informal grievance procedure, whichever is later.
B. However, if the Step 1 informal grievance procedure is not initiated within the
period specified in subsection (1) above, the period in which to bring the
grievance shall not be extended by subsection (2) above.
C. A Step 2 grievance shall be initiated in writing on a form prescribed by the City
and shall be filed with the person designated by the Fire Chief as the first level of
appeal. The employee may be represented by a representative of his /her choice.
IAFF LOCAL 4403 MOU
PAGE 24
ARTICLE 52. GRIEVANCE PROCEDURE (continued)
D. The grievant shall cite the specific provision(s) of the then currently effective
Memorandum of Understanding, ordinance, resolution, or written rule claimed to
have been violated, set forth the facts that purportedly constitute such violation,
and the specific remedy sought.
E. Within ten (10) days after the initiation of the Step 2 grievance, the first level of
appeal person shall investigate the grievance and give his /her decision in writing
to the grievant.
STEP 3
A. If the grievant is not satisfied with the decision rendered pursuant to Step 2,
he /she may appeal the decision within ten (10) days to the Fire Chief or his /her
designated representative. The employee may be represented by a
representative of his /her choice.
B. The Fire Chief or his designated representative shall respond in writing within ten
(10) days to the grievant. If the Fire Chief or his /her designated representative
determines it is desirable, he /she shall hold a conference(s) or otherwise
investigate the matter.
STEP 4
A. If the grievant is not satisfied with the decision rendered pursuant to Step 3,
he /she may appeal the decision within ten (10) days to the City Manager. The
employee may be represented by a representative of his /her choice.
B. The City Manager shall respond in writing within ten (10) working days to the
grievant. If the City Manager determines it is desirable, he /she shall hold a
conference(s) or otherwise investigate the matter.
STEP 5
A. If the grievant is not satisfied with the decision rendered pursuant to Step 4,
he /she may, within ten (10) days, invoke the right to have the grievance resolved
through mediation utilizing the California State Mediation and Conciliation
Service.
B. The IAFF Local 4403 representatives and the City Manager, or his /her
representative, shall meet to select a qualified, impartial mediator from the list of
five potential hearing officers provided by the State Mediation and Conciliation
Service. Each party shall alternately strike one name from the list until one name
remains.
C. The mediation shall be convened as soon as is possible after the notice, and the
decision of the mediator shall be final and binding on all concerned parties.
D. Expenses shall be borne by the party incurring the expense.
IAFF LOCAL 4403 MOU
PAGE 25
ARTICLE 53. IAFF LOCAL 4403 ACTIVITIES
A. The IAFF Local 4403 shall provide the Fire Chief and City Manager with a list of
all authorized IAFF Local 4403 representatives and the list shall be kept current.
B. An employee and /or his /her IAFF Local 4403 representative may, when and to
the extent necessary, take official City time without loss of compensation in order
to participate in the investigation and processing of a grievance, as provided for
in this MOU, upon notification and approval of the immediate supervisor or
his /her designee.
C. The Fire Chief and City Manager will approve one employee and /or IAFF Local
4403 representative to take official City time to investigate and process a
grievance, when and to the extent necessary, and only if it will in no event
adversely affect the operational, security, or safety requirements of the City. It is
understood that the employee and /or IAFF Local 4403 representative shall make
every reasonable effort to perform any of the above activities on off -duty time.
ARTICLE 54. IAFF LOCAL 4403 ACCESS TO WORK LOCATIONS
A. The City agrees that the authorized IAFF Local 4403 representative shall be
granted access to work location(s) to participate in investigation and processing
of grievances per the grievance procedure of the MOU or to observe working
conditions, upon approval of the Fire Chief and City Manager, when to the extent
necessary.
B. The IAFF Local 4403 shall provide the Fire Chief and City Manager with a list of
all authorized IAFF Local 4403 representatives, and the group shall keep the list
current.
C. Upon notification and approval of the City Manager or his /her designee, an
authorized IAFF Local 4403 staff member is permitted to communicate with the
employee(s) and /or IAFF Local 4403 representatives on official City time without
said employee(s) and /or IAFF Local 4403 representatives' loss of compensation.
It is not the intent of this section to allow general Association meetings on City
time but, rather, to allow investigation and discussion of working conditions,
grievances, and safety issues.
D. It is understood that every reasonable effort shall be made to perform the above
activities on off -duty time.
ARTICLE 55. IAFF LOCAL 4403 USE OF CITY FACILITIES
A. The IAFF Local 4403 may, with prior approval of the City Manager, be
granted the use of City facilities for meetings of Group members, provided
space is available. No use fee will be charges.
B. The City agrees to furnish bulletin board space of reasonable size for
posting of IAFF Local 4403 materials.
IAFF LOCAL 4403 MOU
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ARTICLE 56. IAFF LOCAL 4403 MEET AND CONFER REPRESENTATION
Two (2) IAFF Local 4403 representatives shall constitute the maximum on duty number
of employees for meet and confer sessions with City representatives on City time during
representatives working hours for the purpose of meeting and conferring in good faith
without loss of pay or any benefits.
ARTICLE 57. NO STRIKE /NO LOCKOUT
The Group agrees that during the term of the Memorandum of Understanding, neither
the Group nor the employees it represents will engage in, encourage, sanction, support,
or suggest any strikes. The employer agrees that it will not lockout any of its employees
during the term of this Memorandum of Understanding.
ARTICLE 58. NONDISCRIMINATION
The provisions of this Memorandum of Understanding shall be applied equally to all
employees covered hereby without discrimination in accordance with state and federal
law.
Employees may elect to exercise their right to join and participate in the activities of the
IAFF Local 4403 for the purposes of representation in all matters of their working
conditions and employer - employee relations. The parties agree that there shall be no
restraint, coercion, or interference with any employee with respect to or because of the
employee's membership in said unit. The City and the IAFF Local 4403 agree that each
employee shall be treated equally, fairly, and with dignity and respect.
The IAFF Local 4403 and the City agree to support the Affirmative Action Program
established by the City and that there shall be no discrimination within their respective
organizations because of race, religion, creed, color, national origin, ancestry, disability
(mental and physical), medical condition, marital status, sex, age, sexual orientation,
political belief, or Union membership.
Any party alleging a violation of this article shall have the burden of providing the
existence of a discriminatory act or acts and /or proving that, but for such act or acts, the
alleged injury or damage to the grievant would not have occurred.
Discrimination complaints based on unit membership and /or activity shall continue to be
subject to the grievance procedure.
ARTICLE 59. M.O.U. IMPLEMENTATION
Both parties agree that the terms of this Memorandum of Understanding supersede
provisions of all other practices, Memorandum of Understanding, resolutions, and rules
of the City that conflict with provisions of this Agreement.
IAFF LOCAL 4403 MOU
PAGE 27
ARTICLE 60. MAINTENANCE OF BENEFITS AND TERMS AND CONDITIONS
All benefits, terms and conditions of employment enjoyed by unit employees as of July
1, 2009, and any side letter agreements reached after that date, shall remain in full
force and effect unless modified by a subsequent Memorandum of Understanding or by
mutual agreement, in writing, of the parties.
ARTICLE 61. SAVINGS CLAUSE
Should any provision of this Agreement be held inoperative, void, or invalid by a Court
of competent jurisdiction, the remaining provisions of this Agreement shall not be
affected thereby, and the parties shall meet and confer for the sole purpose of arriving
at a mutually satisfactory replacement of such provision.
REPRESENTATIVES OF REPRESENTATIVES OF
CITY OF ARROYO GRANDE IAFF LOCAL 4403
DATE: DATE:
STEVEN ADAMS PAUL QUINLAN
CITY MANAGER IAFF LOCAL 4403 CHIEF
NEGOTIATOR
KAREN SISKO JOSEPH SILVA, JR.
CITY NEGOTIATOR IAFF LOCAL 4403
NEGOTIATOR
CITY OF ARROYO GRANDE
SCHEDULE OF SALARY RANGES - IAFF LOCAL 4403
RANGE A B C D E
31 4199 4408 4630 4861 5103
32 4304 4521 4745 4981 5232
33 4412 4633 4863 5105 5362
34 4523 4749 4984 5234 5497 FIRE ENGINEER
35 4635 4867 5109 5364 5634
36 4751 4988 5236 5499 5775
37 4869 5114 5366 5636 5918
38 4991 5239 5502 5777 6067
39 5117 5371 5638 5921 6219
40 5244 5505 5779 6069 6375
41 5376 5643 5925 6221 6533 FIRE CAPTAIN
42 5510 5784 6072 6378 6696
43 5647 5928 6223 6536 6864
44 5788 6075 6380 6700 7035
45 5933 6227 6538 6867 7211
46 6080 6383 6702 7039 7392
OFFICIAL CERTIFICATION
I, KELLY WETMORE, City Clerk of the City of Arroyo Grande, County of San Luis
Obispo, State of California, do hereby certify under penalty of perjury, that the attached
Resolution No. 4263 is a true, full, and correct copy of said Resolution passed and
adopted at a Regular meeting of the City Council /Redevelopment Agency of the City of
Arroyo Grande on the 9` day of March 2010.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 11 day of
March 2010.
g 1z KELLY ET RE, CITY CLERK