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HomeMy WebLinkAboutMOU: Firefighters - 1979-1981 w = CITY OF ARCADIA AND ARCADIA FIREFIGHTERS' ASSOCIATION MEMORANDUM OF UNDERSTANDING JULY 1, 1979 - JUNE 30, 1981 CONTENTS Page Section I Parties and Recognition 1 Appropriate Unit Mutual Recommendation Section II Terms 2 Maintenance of Benefits Savings Clause Section III Association Rights A. Right to Join 3 B. Use of Bulletin Boards 3 C. Payroll Deduction 3 D. Access to Facilities 3 E. Reasonable Notice 4 Section IV Management Rights 5 Section V Compensation 6 Section VI Overtime 8 Section VII Stability Pay 9 Section VIII Retirement 10 Section IX Health and Life Insurance 11 Section X Disability Income Insurance 12 Section XI Dental Insurance 13 Section XII Uniforms 14 Section XIII Leaves A. Provided For 15 B. Power to Grant Leaves 15 C. Military Leave 16 D. Vacation Leave 17 E. Sick Leave 18 F. Workers ' Compensation 20 G. Holidays 20 H. Jury Leave 21 I. Witness Leave 21 J. Unauthorized Absence 21 Section XIV Probationary Period 22 Section XV Employee Complaints and Grievances A. Procedure 23 B. General Provisions 25 C. Definitions 25 Section XVI Full Understanding Execution of Agreement 27 Section I PARTIES AND RECOGNITION This Memorandum of Understanding is made and entered into between the management representatives of the City of Arcadia, hereinafter referred to as the "City" and representatives of the Arcadia Firefighters Association, hereinafter referred to as the "Association" , pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Sections 3500 et seq. ) APPROPRIATE UNIT The classifications covered by this agreement are: Firefighter Firefighter Paramedic Fire Engineer Fire Captain Dispatcher MUTUAL RECOMMENDATION This Memorandum of Understanding constitutes a mutual recommendation to be presented to the City Council , City of Arcadia, for determination. APPROVED Initia s Ini a s -1- 7/77 Section II A. TERMS The parties have met and conferred in good faith regarding wages, hours and other terms and con- ditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective for the period beginning July 1, 1979 and ending June 30, 1981. B. MAINTENANCE BENEFITS For the period of July 1 , 1979 through June 30, 1981, all currently effective provisions of the City Council , including ordinances , resolutions, mini-resolutions and budgets relating to any mandatory item of the meet and confer process shall remain in effect as currently administered except as modified by this agreement. SAVINGS CLAUSE If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action or decree, or by reasons of any preemptive legislation, the remaining sections of this agreement shall remain in full force and effect for the duration of said agreement. APPROVED / ///� nitials I t,a s -2- 7-1-77 Section III ASSOCIATION RIGHTS A. RIGHT TO JOIN The City and the Association recognize the right of the employees to form, join and participate in lawful activities of employee organizations and the equal alternative right of employees to refuse to join or participate in employee organ- ization activities. B. USE OF BULLETIN BOARDS The City shall provide for the Association's use designated bulletin boards where employees in the bargaining unit have access during regular business hours subject to the following conditions: a) all postings for bulletin boards must contain the date of posting and the identification of the organization and b) the Association will not post information which is defamatory, derogatory or obscene subject to the immediate removal of the right to post for a period not to exceed 90 days. C. PAYROLL DEDUCTION The City will deduct from the pay of Association members the normal and regular monthly Association membership dues as voluntarily authorized in writing by the employee on the City form subject to the following conditions : 1. Such deduction shall be made only upon submission of the City form to the designated City representative. Said form shall be duly completed and signed by the employee. 2. The City shall not be obligated to put into effect any new, changed or discontinued deduction until the pay period commencing fifteen days or longer after such submission. D. ACCESS TO FACILITIES All Association business will be conducted by employees and Association representatives outside of established work hours. Nothing herein shall be construed to prevent an Association representative or an employee from contacting the Personnel Director or other management representatives regarding personnel related matters during work hours. -3- The authorized representative shall be given access to work locations during working hours provided that prior to visiting any work location the Association representative shall : 1. Contact the Personnel Director or his designate, to state the purpose of his visiting, and 2. The Personnel Director or designate determines that such visit shall not interfere with the operations of the department. In the event the requested time and/or location of such visit by the representative is denied because it would interfere with the operations of the department, the Personnel Director or his designate shall set an alternative time and/or location for such visit within 72 hours. E. REASONABLE NOTICE It is mutually understood and agreed that a copy (via the United States Postal Service) of the City Council and/or Personnel Board agenda for each meeting mailed to two authorized representatives of the Association shall constitute reasonable written notice of any opportunity to meet with such agencies, or all matters within the scope of representation upon which the City Council or Personnel Board may act. The Association shall provide the Personnel Director with the name and addresses of the two authorized representatives within five days of the effective date of this agreement. APPROVED �lnV nitials �Ini` ials -4- Section IV MANAGEMENT RIGHTS Except as limited by the specific and express terms of this agreement, the City hereby retains and re- serves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the constitution of the State of California, the Charter of the City of Arcadia and/or the laws and Constitution of the United States of America. The management and the direction of the work force of the City is vested exclusively in the City, and nothing in this agreement is intended to circum- scribe or modify the existing rights of the City to direct the work of its employees ; hire, pro- mote, demote, transfer, assign and retain employees in positions within the City, subject to the Per- sonnel rules and regulations of the City; suspend or discharge employees for proper cause; maintain the efficiency of governmental operations; relieve employees from duties for lack of work or other good reason; take action as may be necessary to carry out the City' s mission and services in emergencies; and to determine the methods, means and personnel by which the operations are to be carried out. APPROVED nitia s In tials -5- Section V COMPENSATION A. Effective July 1, 1979, the salary schedule for the classi- fications covered by this agreement shall be improved by 7%. B. The City shall continue to provide as deferred compensation a set dollar amount to be paid toward the employee's contri- bution to the Public Employee's Retirement System. Effective July 1, 1979, the dollar amount to be paid as deferred compen- sation shall be an amount equal to 6% of the July 1, 1979 Salary Schedule rate for each employee. In the event this method of deferred compensation is declared illegal by a court of competent jurisdiction or by the Internal Revenue Service or by the administrators of the Public Employee's Retirement System, the City agrees to improve the Salary Schedule by 6% in lieu of such deferred compensation plan. C. Effective December 30, 1979, the salary schedule for the classifications covered by this agreement shall be improved by 2%. The City shall adjust the dollar amount paid as deferred compensation to an amount equal to 6% of the December 30, 1979 Salary Schedule rate for each employee. The provisions regarding the legality of this method of deferred compensation contained hereinabove apply. D. Effective June 29, 1980, the salary schedule for the classi- fications covered by this agreement shall be improved by 7%. The City shall adjust the dollar amount paid as deferred compensation to an amount equal to 6% of the June 29, 1980 Salary Schedule rate for each employee. The provisions regarding the legality of this method of deferred compensation contained hereinabove apply. E. Effective December 28, 1980, the salary schedule for the classi- fications covered by this agreement shall be improved by 2%. The City shall adjust the dollar amount paid as deferred compensation to an amount equal to 6% of the January 1, 1981 Salary Schedule rate for each employee. Such dollar amount shall be fixed and shall not automatically increase due to future salary adjustments. However, nothing herein shall be construed to prevent the Association from seeking to increase the dollar amount through the negotiation process. The provisions regarding the legality of this method of deferred compensation contained hereinabove apply. -6- F. During the term of this agreement, personnel assigned to the Fire Prevention Bureau shall receive sixty-five (65) dollars per month in addition to their base salary. In accordance with past practice, this compensation shall not be added to base pay for the computation of overtime. G. A Firefighter, Firefighter Paramedic, Fire Engineer or Fire Captain shall progress from Step D to Step E of the Salary Schedule when they have completed the probationary period and have satisfied the basic education and training require- ments by one of the following methods : 1. The sworn employee shall have been awarded an Associate in Arts Degree in Fire Science or Fire Administration by an institution accredited by the California Department of Education. 2. The sworn employee shall have earned 60 or more college units acceptable to a college or university which is accredited by the California Department of Education towards a Baccalaureate Degree, and have completed a minimum of 20 units in Fire Science acceptable to an accredited California Junior College towards an Associate in Arts Degree in Fire Science or Fire Administration. H. Persons employed as Firefighter, Firefighter Paramedic and Fire Engineer prior to July 1 , 1979 who have satisfied the basic education and training requirements set forth in G above prior to June 30, 1981 shall be entitled to receive a step increase upon submission of the Associate in Arts Degree or proof of 60 or more earned college units. Nothing herein entitles such employee to receive a step increase above the Step E. APPROVED -7- nitials Initials Section VI OVERTIME 1. The Fire Chief may require employees in the Fire Department to work at any time other than during regular working hours until such work is accomplished. 2. Employees in the classifications of Firefighter, Firefighter- Paramedic, Fire Engineer, and Fire Captain who are required to work under such conditions shall be compensated at straight time, or with time-off equal to straight time worked; no overtime credit shall be allowed for any period less than one-half hour, provided that an employee who is recalled to work after completing a day's work, including any overtime, shall receive a minimum credit of one hour of time-off or one hour at his hourly rate. Emergency Recall for sworn classifications shall receive a minimum credit of two hours of time-off or two hours at the employee's hourly rate. Such overtime shall be paid for, or time-off taken at the option of the employee if the Fire Chief consents thereto. 3. Employees in the classification of Dispatcher required to work under the above mentioned conditions shall be compensated at the rate of one and one-half times the regular hourly rate, or with time off equal to time and one-half worked. All employees shall receive equivalent compensatory time off when directed to attend classes or functions by their department administrator or City Manager. APPROVED nitia s In pia s -8- Section VII STABILITY PAY In accordance with the Personnel Rules and Regulations this fea- ture of the Pay Plan is intended to encourage stability of em- ployment by recognizing years of service with compensation. The plan pays z of 1% of the employee' s yearly base rate for each year of consecutive service. The first payment of 22% of the yearly base is made after the completion of five years of service. The maximum amount to which the percentage is applied is $5,000. (If the base rate is $487 X 12 months = $5,844, credit will be given for $5,000, thus the stability payment upon completion of five years of service would be $5,000 X 2z% = $125. ) Each year after the completion of the fifth year of service, an additional of 1% of the base rate to a maximum of 20 years is given. A maximum of $500.00 could be received continuing each year there- after. Cash stability payments are made once a year between December 1 and December 10 to employees on the payroll as of December 1. Stability payments will be paid on a pro-rata basis to those employees that retired or are laid off prior to December 1, provided they meet all eligibility requirements. APPROVED tia s n is -s -9- 8-78 Section VIII RETIREMENT 1. For the classifications of Firefighter, Firefighter-Paramedic, Fire Engineer and Fire Captain, the Public Employees Retirement System plan known as the "Two Percent at Age Fifty-five Formula" (Section 21252.6 of the Government Code) shall be continued with the following options: a. One year final compensation b. Post Retirement Survivor Continuance c. Credit for Unused Sick Leave (Sec. 20862.8) maximum of six months d. 1959 Survivors Benefit for which each employee contributes ninety-three cents ($.93) per pay period. 2. For the classification of Dispatcher the Retirement Plan shall be continued with the Public Employees Retirement System for the plan known as the "Two Percent at Age Sixty Formula" with the following options: a. One year final compensation b. Post Retirement Survivor Continuance c. Credit for Unused Sick Leave (Sec. 20862.8) maximum of six months d. 1959 Survivors Benefit for which each employee contributes ninety-three cents ($.93) per pay period APPROVED itia s ,In iafs -10- Section IX HEALTH AND LIFE INSURANCE A. Effective July 1, 1979, the City shall pay the increased health insurance premium costs for employee-only coverage of the City's Major Medical Insurance up to a maximum total monthly payment of $34.00 per employee. B. Effective January 1, 1980 throught June 30, 1981, the City shall pay at the employee's option, $35.00 per employee each month towards the cost of dependent coverage of the City's Major Medical Insurance plan or to the employee' s account in the City's Deferred Compensation plan. If the cost of dependent coverage exceeds $35.00, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City, if any. If the cost of such coverage is less than $35.00, then the City shall pay the difference between the monthly premium and the $35.00 into the employee's account in the City's Deferred Compensation plan. The employee's exercise of the option to use the $35.00 toward dependent health coverage or the Deferred Compensation plan is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. C. Effective July 1, 1980, the City shall pay the increased health insurance premium cost for employee-only coverage of the City's Major Medical insurance up to a maximum total monthly payment of $39.00. D. During the life of this agreement, the City agrees to continue to pay the employee-only health insurance premium cost up to $40.00 per month for retirees from classifications repre- sented by this agreement who retire after July 1, 1977. Such payment shall cease by employee's sixty-fifth birthday. In order to be eligible for retiree health coverage, the employee must apply for such coverage through the City Personnel Department. The Association shall notify the City Personnel Department in the event of the death of a retired member. During the month of June, each year, insured retired employees must contact the City Personnel Department in order to maintain coverage. In the absence of such contact, coverage shall cease on the following July 1. E. During the life of this agreement the City shall provide each employee with life insurance in the amount of $5,000. 'IVED / itia s nit�i als -11- Section X DISABILITY INCOME INSURANCE The City shall provide disability income insurance up to a maximum total monthly payment of $8. 11 per employee, covered by this agreement during the life of the agreement. . APPROVED //fY,,,4itia s s -12- Section XI DENTAL INSURANCE A. The City shall provide each employee with a dental insur- ance plan during the life of this agreement. The premium for the employee-only coverage portion of the dental plan shall be paid for by the City up to a maximum total payment of $7.50 per month per employee during fiscal year 1979- 1980, and up to a maximum total payment of $8.50 per month per employee during fiscal year 1980-1981. B. The dental plan shall provide for dependent coverage at the option of the employee, the cost of which shall be paid by the employee. APPROVED 4,/ r- itia s Ini''ials -13- 7/77 Section XII UNIFORMS A. There shall be a uniform replacement program for the fol - lowing items: 1. Shirts 3. Cotton Work Jacket 2. Trousers The program shall be administered by, and at the discretion of the City, for the purpose of providing replacement of worn items only. B. The City of Arcadia shall set standards for footwear in the Arcadia Fire Department. The City shall provide a safety boot for each member of the Fire Department who is involved in the suppression of fires. This boot will be required footwear for the department. The total cost of the safety boot shall be borne by the City. Increases in cost for the safety boot shall also be absorbed by the City. The only footwear cost the City will pay is for the safety boot. Responsibility for standards of footwear are the City's alone. C. Upon termination of employment the employee shall turn in all uniforms issued or shall have a dollar amount equal to the lost uniform cost deducted from the employee's final check. APPROVED / G nitials 'In i,ds -14- Section XIII LEAVES A. In accordance with the current Personnel Rules and Regula- tions of the City of Arcadia, all leaves for classifications represented by this agreement shall be provided for as follows: B. POWER TO GRANT LEAVES Upon the written request of an employee stating the reasons therefor, the appointing power with the approval of the City Manager shall have power to grant leaves of absence with or without pay, with the exception that leaves of absence with or without pay of more than thirty calendar days shall be granted only upon the recommendation of the appointing power and City Manager and the approval of the Council , subject to the following restrictions : 1 . Length - leave of absence without pay may be granted for a period not to exceed one year with the exception that military leaves may be granted for the duration of a war or national emergency or as required by the Military and Veterans ' code. 2 . Reason - a leave of absence may be granted an employee, provided he meets all other require- ments set forth in this rule, who desires to attend school or college or to enter training to improve the quality of his service, who enters military service of the United States , who is temporarily incapacitated by illness, or who pre- sents some other reasons equally satisfactory. 3. Right to Return - the granting of a leave of ab- sence without pay confers upon the employee the right to return to his classification before or at the expiration of his leave of absence. Therefore, a leave of absence shall be granted only to an employee who intends to return to his classification with the City. 4. Service Record - no request for leave of absence will be considered unless the employee presenting the request has a satisfactory service record. -15- 5. An employee granted a leave of absence may be required by the appointing power or the City Manager to successfully pass a medical exami- nation prior to being allowed to return to work. 6. The granting of a leave of absence of thirty days or less, with or without pay, shall not con- stitute an interruption of service within the meaning of this subsection. The granting of a leave of absence with or without pay of more than thirty days shall constitute an interrup- tion of service unless , in the action granting such leave of absence, it is provided that such leave of absence shall not constitute an inter- ruption of service. C. MILITARY LEAVE Military leave shall be granted in accordance with the pro- visions of the applicable California State Law. All employees entitled to and taking military leave shall give. the department head the right within the limits of military necessity and reg- ulations to determine when such leave shall be taken. If the officer or employee taking such leave for military ser- vice has been in the employ of the City for one year or more, next immediately preceding the date from which leave begins, he shall be allowed his regular salary or compensation for a period of not more than thirty days in any calendar year or during any continuous leave of absence. If such employee has been in the employ of the City for less than one year immedi- ately preceding the date upon which such leave of absence begins, such leave granted under this section shall be without pay. Upon requesting military leave, the employee must complete the required forms and submit to the City Manager through his ap- pointing power a copy of his military orders. The foregoing limitations on leave of absence do not apply to employees who are drafted or receive order to military duty for extended periods of time during war or national emergencies. -16- Every employee who has been on extended military duty shall report back for the performance of the duties of his employ- ment within ninety days after his discharge or release from military duty. Failure to do so shall be reason for termina- tion of his employment. Acceptance of extended military duty on a voluntary basis shall be reason for termination of his City employement. Employees prior to being returned to employment from military leave shall submit other than a dishonorable discharge, and take and pass a medical examination by a physician designated by the City Manager. Upon failure of a returning employee to submit other than a dishonorable discharge or pass the required medical examination, he shall not be entitled to return to his employment with the City. Employees on extended military leave shall not lose or accumu- late sick leave, vacation, seniority or other privileges because of such leave. D. VACATION LEAVE 1. Employees in the classifications of Firefighter, Firefighter-Paramedic, Fire Engineer and Fire Captain with the exception of temporary appointments, shall accumulate vacation with pay at the rate of one and one-fourth working days per month for a total of fifteen working days per year during the first ten years of continuous full time employment with the City and at the rate of one and five-sixths working days per month for a total of twenty-two working days per year after the completion of ten years of continuous full time employment with the City. For employees assigned to 24 hour shifts, a "day" means 12 hours or one half (2) shift. 2. Employees in the classification of Dispatcher with the exception of temporary appointments shall accumulate vacation with pay at the rate of 0.84 of a working day per month for a total of ten working days per year during the first five years of employment; at the rate of 1.25 working days per month for a total of 15 working days per year between the employee's fifth and tenth anniversary date; at the rate of 1.42 working days per month for a total of 17 working days per year between the employee's tenth and fifteenth anniversary date; at the rate of 1.50 working days per month for a total of 18 working days per year after sixteen years of service; at the rate of 1.58 working days per month for a total of 19 working days per year after seventeen years of service and at the rate of 1 .67 working days per month for a total of 20 working days per -17- . . year after eighteen years of service. For employees assigned to 24 hour shifts , a "day" means 12 hours or one half (Z) shift. 3. Accumulated vacation shall be granted at the discretion of the appointing power. 4. Vacation accumulated beyond the amount accumulable for a twenty-four month period shall not be carried forward for more than one year. 5. Upon termination, vacation used shall be prorated against vacation earned. Every City employee who leaves the City employ for any reason shall be granted all accumulated vacation or shall be paid therefor at his rate of compensation applicable at the time he leaves the City employ. Because employees seldom terminate on the final day of a month, the following method will provide for equitable payment for vacation earned during the month of termination. If an employee terminates on a day falling on the first through the fifteenth day of a month, the employee shall receive credit for one half the month' s vacation accrual ; if an employee terminates on a day falling on the sixteenth through thirty-first day of a month, the employee shall receive credit for the vacation accrual for the month. E. SICK LEAVE 1. All employees in classifications represented by this agreement with the exception of temporary appointments , shall accrue sick leave beginning with the first month of employment on the basis of one (1) day for each month of service completed with the City. Sworn employees may accumulate up to a maximum of 125 days sick leave. Dispatchers may accumulate up to a maximum of 125 days sick leave. For employees assigned to 24 hour shifts, a "day" means 12 hours or one half (Z) shift. 2. Sick leave means authorized absence from duty of an employee because of personal illness, or attendance upon a member of the employee' s immediate family who is seriously ill and requiring the care and attendance of such employee. Immediate family shall include any person related by blood or marriage within the third degree of consanguinity. -18- 3. Sick leave may be used by an employee in accordance with paragraph 2 above. Any employee when off- duty as a result of personal or family illness shall report the fact immediately to his super- visor, or to the officer then in charge at the department, giving the nature of the illness or circumstances relative to his absence. a. While absent from duty because of sickness or disability, he shall remain at his residence or place of confinement unless otherwise authorized by a physician or his supervisor. b. The term "immediately" means that the employee or someone acting for the employee, shall notify the Department as soon as it becomes apparent that the employee will not be able to report for duty. 4. An employee represented by this agreement, with the exception of temporary appointments, may be granted a leave of absence with pay upon approval of the Fire Chief and the City Manager at the time of the death of a relative related by blood or marriage. Such leave, up to a maximum of three working days at one time, shall not be charged against sick or other leave. If over three working days of such leave is granted, at one time, that amount over three days shall be charged against sick or other leave. For employees assigned to 24 hour shifts , a "day" means 12 hours or one half (1 ) shift. 5. The Fire Chief and the City Manager may require evidence of the reason for any employee's absence during the time for which sick leave is requested. If the employee fails to provide such evidence as required by the Fire Department and within the time limit specified by the Department, the absence will be charged to leave without pay. 6. The Fire Chief and City Manager may deny or revoke sick leave if the illness or injury for which it is taken is caused or substantially aggravated by com- pensated outside employment. -19- F. WORKERS ' COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury is so recognized under the Workers ' Compensation Act by the City of Arcadia or the Workers ' Compensation Appeals Board, such employee shall be paid a combination of salary and Workers ' Compensation equal to his regular salary rate for such time as he is absent from duty because of such injury up to a maximum of one year from and after date of such injury. Lost time due to an injury on duty shall not be charged against an employee's accumulated sick leave. G. HOLIDAYS 1. Employees in the classifications of Firefighter, Firefighter-Paramedic, Fire Engineer and Fire Captain shall be allowed the following holidays with full pay and no others: New Year's Day Labor Day Memorial Day Thanksgiving Day Independence Day Christmas Day Full pay for all sworn members of the Fire Department shall be pay for six 12-hour periods . 2. Each employee in the classification of Dispatcher shall be allowed with full pay the following holidays: New Year's Day - January 1 Washington 's Birthday - The third Monday in February Memorial Day - The last Monday in May Independence Day - July 4 Labor Day - The first Monday in September Admission Day - September 9 Veterans Day - November 11 Thanksgiving Day - The fourth Thursday in November The Friday following the fourth Thursday in November Christmas Day - December 25 One-half day preceding Christmas or New Year's Day with approval of Department Head Every day appointed by the President or Governor for a public fast, thanksgiving or holiday -20- H. JURY LEAVE When a City employee is called or required to serve as a juror, attendance shall be deemed a leave of absence with full pay. The employee shall remit to the City Treasurer all fees received except mileage. I. WITNESS LEAVE An employee who is subpoenaed or required to appear in Court as a witness on a job related matter shall be deemed to be on a leave of absence and shall be granted leave with pay during the required absence. The employee shall remit to the City Hall fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases. J. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for disciplinary action up to and including dismissal . APPROVED -21- nitia s Ini ials 1/ J 7/77 7/7/ Section XIV PROBATIONARY PERIOD A. The probationary period is part of the examination process. It is a work-test period during which the employee' s per- formance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for per- manent appointment. B. All eligible candidates appointed to a position from an open competitive examination and who are not currently employed in a permanent position shall be on probation for eighteen months before attaining permanent status. C. Eligible candidates appointed from a promotional list shall be on probation for twelve months before attaining permanent status. APPROVED nitia s nyfials -22- • • 11-1-78 Section XV EMPLOYEE COMPLAINTS AND GRIEVANCES A. PROCEDURE An employee who feels he has a grievance has the right to express it through the proper channel . The following • procedure shall be followed in presenting a grievance: 1. Within fifteen (15) days of the occurence of the event giving rise to the grievance, the employee shall discuss the grievance with the immediate supervisor. 2. If, after discussing the grievance with the supervisor, the employee is still dissatisfied, a written grievance may be filed by the employee with the individual in the next higher position in the depart- ment provided such written grievance is filed within ten (10) days of the meeting referred to in paragraph A-1. The written grievance shall set forth a clear statement of the grievance, the circumstances involved, the decision ren- dered at the informal conference and the specific remedy sought. A decision in writing within ten (10) work- days shall be communicated to the employee. If the response is not made within the time limits, or if the employee is still dissat- isfied, the employee may appeal in writing to the department administrator. 3. An employee proceeding to the department administrator shall file a written appeal within five (5) workdays of notice of the decision referred to in paragraph A-2 or within five (5) workdays of the lapse of the time limits within which the written decision was required. -23- The department head may require the employee and the immediate supervisor to attend a grievance meeting. The department head shall communicate his decision in writing within ten (10) workdays of receiving the grievance or the holding of a grievance meeting, whichever is longer. If the response is not made within the time limits or if the employee is still dissat- isfied the employee may appeal in writing to the Personnel Director. 4. An employee appealing to the Personnel Director shall file a written appeal within five (5) workdays of notice of the decision referred to in paragraph A-3 or within five (5) workdays of the lapse of the time limits within which the written decision was required. The Personnel Director shall then take what- ever action he deems appropriate to resolve the grievance and may require the employee and the immediate supervisor to attend a grievance meeting. The Personnel Director shall communicate his decision in writing within ten (10) workdays of receiving the grievance or the holding of a grievance meeting, whichever is longer. If the Personnel Director's response is not made within the time limits , or if the employee is still dissatisfied, the employee may appeal in writing to the Personnel Board. Such appeal shall be filed within five (5) workdays of notice of the decision or within five (5) workdays of the lapse of the time limits within which the written decision was required. 5. The Personnel Board shall within five (5) work- days of receipt of the appeal , set a date for a hearing. Such hearing date shall be within thirty (30) calendar days from the date of receipt of the appeal . -24- tr 5 t 6. All of the facts shall be presented to the City Manager, along with the recommendation of the Personnel Board. The employee shall have the right to meet with the City Manager. The City Manager shall render a final decision in writing within ten (10) days after reviewing the recommendation of the Personnel Board. B. GENERAL PROVISIONS 1. The grievant has the right of representation of the grievant 's choice at all formal levels. The Personnel Director shall be notified of the representative, if any. 2. Except by mutual agreement, failure by the employer at any level to communicate a decision within the specified time limit shall permit the grievant to proceed to the next level . 3. Except by mutual agreement, failure by the grievant, at any level , to file or appeal a grievance to the next level within the specified time limit shall be considered acceptance of the resolution of the grievance at that level . 4. Time limits may be waived by the mutual consent of the grievant and the Personnel Director. C. DEFINITIONS 1. Grievance - An allegation by any employee in the classified service that the employee has been adversly affected by a violation of a specific provision of the Memorandum of Understanding or Personnel Rules and Regulations. APPROVED nitia s In1 ia1s -25- 2. Grievant - An aggrieved person is any employee in the classified service adversely affected by a violation of a specific provision of the Memorandum of Understanding or Personnel Rules and Regulations . 3. Workday - A workday is any day the City offices are regularly open for business. APPROVED p v nitia s Ini is s -26- I. 4 Section XVI A. FULL UNDERSTANDING This Memorandum of Understanding contains all the covenants, stipulations and provisions agreed upon by the parties and any other prior existing understanding or agreements by the parties , whether formal or informal , regarding any such matters are hereby superseded or terminated in their entirety. It is the intent of the parties that this agreement be administered in its entirety in good faith during its full term. The Association recognizes that during such term it may be necessary for Management to make changes in rules or procedures affecting the employees in the unit. For the life of this agreement it is agreed and understood that each party hereto voluntarily and unqualifiedly waives its rights and agrees that the other shall not be required to meet and confer with respect to any subject or matter whether referred to or covered in this agreement or not, during the term of this agreement. B. The parties hereto have caused this Memorandum of Understanding to be executed this o?074o/day of % 7.',J& , 1979. ARCADIA FIREFIGHTERS CITY OF ARCADIA ASSOCIATION Woo. 'Get ge Ittts President Assistant City Manager -27-