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HomeMy WebLinkAboutMOU: Firefighters - 1995-1997 t ; 'JUL 2 21998 CITY OF ARCADIA TY CI FRK CITY OF ARCADIA AND ARCADIA FIREFIGHTERS' ASSOCIATION r'.4.y 'i r 11,4 - ; . 71 J 4711-1 :41 MEMORANDUM OF UNDERSTANDING DECEMBER 5, 1996 - JUNE 30, 1997 • 12/21/95 T � TABLE OF CONTENTS Article I Parties and Recognition 4 Appropriate Unit 4 Mutual Recommendation 4 Article II Terms 5 Maintenance of Benefits 5 Savings Clause 5 State and Federal Laws 5 Article III Association Rights • Right to Join 6 • Use of Bulletin Boards 6 • Payroll Deduction 6 • Access to Facilities 7 • Reasonable Notice 7 Article IV Management Rights 8 Article V Compensation • General Compensation 9 • Promotion or Advancement 9 • Educational Incentive Compensation 10 • Step Increase Percentages 10 • Fire Prevention Bureau 11 • Truck Company Captain 11 • Administrative Captain 11 Article VI Overtime • Fair Labor Standards Act 12 • Minimum Credit and Emergency Recall 12 Article VII Stability Pay 13 Article VIII Retirement 14 Article IX Health, Dental and Life Insurance • Retired Health Insurance 16-17 • Life Insurance 17 Article X Disability Income Insurance 18 2 • TABLE OF CONTENTS Article XI Uniforms 19 Article XII Tuition Reimbursement 20 Article XIII Leaves • Provided For 21 • Power to Grant Leaves 21 • Military Leave 22 • Vacation Leave 23 • Sick Leave 24-25 • Proof of Illness 26 • Denial 26 • Bereavement Leave 26 • Workers' Compensation 26-27 • Holidays 27 • Jury Leave 27 •Witness Leave 27 • Unauthorized Absence 27 Article XIV Probationary Period 28 Article XV EMT-1 Certification 29 Article XVI No Smoking Policy 30 Article XVII Response Time 31 Article XVIII Employee Complaints and Grievances • Procedure 32-33 • General Provisions 33-34 • Definitions 34-35 Article XIX Full Understanding/Execution of Agreement 36 3 • ARTICLE I Section A. PARTIES AND RECOGNITION The 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, a formally recognized employee organization, hereinafter referred to as the "Association", pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Sections 3500 et.seg.). Section B. APPROPRIATE UNIT The classifications covered by this agreement are: Firefighter Firefighter Paramedic Fire Engineer Fire Captain Section C. MUTUAL RECOMMENDATION This Memorandum of Understanding constitutes a mutual recommendation to be presented to the Association members for ratification, and to the City Council for adoption. 4 ARTICLE Il Section A. TERMS The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective for the period beginning December 5, 1995 and ending June 30, 1997. Section B. MAINTENANCE OF BENEFITS For the term of this MOU, 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. Section C. 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, such provision shall be deemed stricken from the Agreement, and any right, benefit or obligation conferred by that provision shall be discontinued. The remaining Sections of this agreement shall remain in full force and effect for the duration of said agreement. Section D. STATE AND FEDERAL LAWS The City and Association agree to abide by all State and Federal laws relating to employer-employee relations and employee benefits, and perceived infractions shall not be a grievous offense, but must be pursued through proper legal channels. 5 • • ARTICLE 111 ASSOCIATION RIGHTS Section 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 organization activities. Section 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: 1. all postings for bulletin boards must contain the date of posting and the identification of the organization and 2. 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. Section 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. 6 • ARTICLE 111 (continued) Section D. ACCESS TO FACILITIES All Association business will be conducted by employees and Association representatives outside of established work hours whenever possible. Nothing herein shall be construed to prevent an Association representative or an employee from contacting the Human Resources Manager or other management representatives regarding personnel related matters during work hours. 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 Human Resources Manager, the Fire Chief or his designate, to state the purpose of his visiting, and 2. The Human Resources Manager, the Fire Chief or his designate determines that such visit shall not interfere with the operations of the department. Section E. REASONABLE NOTICE It is mutually understood and agreed that a copy (via the United States Postal Service) of the City Council and/or Human Resources Commission agenda for each meeting mailed to three authorized representatives of the Association shall constitute reasonable written notice of any opportunity to meet with such agencies, on all matters within the scope of representation upon which the City Council or Human Resources Commission may act. The Association shall provide the Human Resources Manager with the names and addresses of the three authorized representatives within five days of the effective date of this agreement. Changes of authorized representatives shall be in writing and may be submitted on an as needed basis. ARTICLE IV MANAGEMENT RIGHTS Except as limited by the specific and express terms of this agreement, the City hereby retains and reserves 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 circumscribe or modify the existing rights of the City to direct the work of its employees; hire, promote, demote, transfer, assign and retain employees in positions within the City, subject to the Personnel 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. • • 8 ARTICLE V COMPENSATION Section A. During the first pay period following ratification, a one-time payment of $200, less applicable deductions shall be made to represented employees in the Arcadia Fire Fighters Association. Section B. Effective June 23, 1996, the salary schedule shall be improved by 2% for represented employees in the Arcadia Fire Fighters Association. Effective December 22, 1996, the salary schedule shall be improved by 2% for represented employees in the Arcadia Fire Fighters Association, unless either of the following occurs: a) At the end of fiscal year 1995-96 the actual combined revenue of the four (4) major General Fund revenue sources (i.e. Sales Tax, Utility Tax, Property Tax, and Motor Vehicle in Lieu Fees) does not exceed the prior year revenues by 3%, in which case the parties shall meet and confer for the purpose of determining what salary increase, if any, is appropriate for implementation under these circumstances or b) there is a State revenue take back or reallocation enacted between July 1, 1996 and December 31, 1996, that reduces budgeted City revenue sources for the 1996-97 fiscal year below the 1995-96 revenue levels, in which case the parties shall meet and confer for the purpose of determining what salary increase, if any, is appropriate for implementation under these circumstances. Effective March 30, 1997, the salary schedule shall be improved by 1% for represented employees in the Arcadia Fire Fighters Association. Section C. PROMOTION OR ADVANCEMENT IN RATE OF COMPENSATION 1. When an employee is promoted, the pay shall advance to the lowest step in such higher range that will provide not less than one step increase in compensation unless the top step in such range provides less than one step increase in compensation. Such one step shall be measured by the range from which the employee is promoted. 2. When an employee is promoted to a higher classification, the date of promotion shall be used in determining the date of future step increases. • 9 • • ARTICLE V(continued) • Section D. EDUCATIONAL INCENTIVE COMPENSATION 1. Qualified employees who possess an Associate of Arts degree shall receive an additional 2 1/2% as their regular salary. Employees who possess a Bachelor of Arts or Sciences degree shall receive an additional 5% as their regular salary. • Employees shall qualify for the 2 1/2% education bonus when they have satisfied the basic education and training requirements by one of the following methods: a. The sworn employee shall have been awarded an Associate of Arts or Associate in Science Degree in Fire Science, Fire Administration or related degree by an institution accredited by the California Department of Education. b. The sworn employee shall have 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 related courses acceptable to an accredited California Junior College towards an Associate in Arts Degree in Fire Science, Fire Administration or related degree. 2. Employees shall qualify for the 5% education bonus upon receiving a Bachelor of Arts or Bachelor of Science Degree from an institution accredited by the California Department of Education. 3. Members who qualify for any step advancement based on education shall provide to the Fire Chief a copy of their transcript which shows attainment of the qualifying education. The copy of the transcript shall then be placed in their personnel file. Section E. The parties acknowledge that the percentages between steps shall be as close to 5% as the payroll computer's capability allows. io • 7 A ARTICLE V(continued) Section F. FIRE PREVENTION BUREAU ASSIGNMENT 1. Shift (56 hour work week) Firefighter personnel assigned to the Fire Prevention Bureau shall receive $69.23 per pay period in addition to their base salary. Thereafter, the Fire Chief shall set the stipends for this assignment on an annual basis no less than the current MOU provision. 2. During the term of this Agreement, on-shift (40 hour work week) Firefighter personnel assigned to the Fire Prevention Bureau as a Deputy Fire Marshal shall be paid at the same salary range as Fire Captain. 3. In accordance with the provisions of the Fair Labor Standards Act, this additional compensation shall be added to base pay for the computation of overtime for the positions mentioned above. 4. Employees assigned to the Fire Prevention Bureau on a modified work basis (temporary or permanent assignment) due to either an on-the-job or off-the-job illness or injury shall not receive the additional assignment pay. Employees regularly assigned to the Fire Prevention Bureau, who are injured (illness) and thereafter return to the assignment on a modified work basis, shall not lose their assignment pay. Section G. TRUCK COMPANY CAPTAIN ASSIGNMENT During the term of this agreement a Fire Captain assigned by the Chief to be in command of a Truck Company shall receive $92.31 per pay period in addition to his base salary during the period of the assignment as the Truck Company Captain. Section H. ADMINISTRATIVE CAPTAIN ASSIGNMENT During the term of this agreement a Fire Captain, assigned by the Chief to be an Administrative Captain, shall receive $260 per pay period in addition to his base salary during the period of the assignment as the Administrative Captain. • • 11 • 1 ' ARTICLE VI OVERTIME Section A. 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. Section B. FAIR LABOR STANDARDS ACT Except for the Fire Captain assigned by the Chief to be an Administrative Captain, for periods of time that the Fair Labor Standards Act applies to employees in classifications covered by this agreement, any such employee who is required to work in excess of the standard hours established by the Act (currently 204 hours in a 27 day period) shall be compensated at the rate of time and one-half the employee's regular rate of pay, provided the employee is not otherwise exempt. Computation of overtime and payment for overtime shall comply with the Department of Labor regulations. For periods of time that the Fair Labor Standards Act applies to the Fire Captain assigned by the Chief to be an Administrative Captain, any such Fire Captain who is required to work in excess of the standard hours established by the Act (currently 106 hours in a 14 day period) shall be compensated at the rate of time and one-half the employee's regular rate of pay, provided the employee is not otherwise exempt. Computation of overtime and payment for overtime shall comply with the Department of Labor regulations. Section C. MINIMUM CREDIT AND EMERGENCY RECALL 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 at time and one-half at his hourly rate. Emergency Recall for sworn classifications shall receive a minimum credit of two hours at time and one-half the employee's hourly rate. 12 ARTICLE VII STABILITY PAY This feature of the Pay Plan is intended to encourage stability of employment by recognizing years of service with compensation. The plan pays $25 per year for each year of consecutive service up to a maximum of twenty (20) years of service. An employee is not eligible to receive stability pay until they have completed five (5) years of consecutive service. The following is the schedule of how stability pay is calculated. Completed Years Completed Years of Service Amount of Service Amount 11 $275 16 $400 12 $300 17 $425 13 $325 18 $450 14 $350 19 $475 15 $375 20 $500 Cash stability payments are made once a year between December 1, and December 10, only to employees on the payroll as of December 1. Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to December 1, provided they meet all eligibility requirements. Stability pay is applicable only to employees who were hired prior to July 1, 1983. • 13 ARTICLE VIII RETIREMENT Section A. The City contracts with the State of California Public Employees Retirement System (PERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, and Fire Captain. The plan shall include the following options: 1. 2% at age 50 retirement formula. 2. Single highest year final compensation. 3. Post Retirement Survivor Continuance. 4. Credit for Unused Sick Leave (Sec.20862.8) 5. 1959 Survivors Benefit for which each employee contributes ninety-three cents ($.93) per pay period. 6. Third level 1959 Survivors Benefit increased allowance, Sec. 21382.4. • 14 ARTICLE IX HEALTH. DENTAL AND LIFE INSURANCE Section A. The City shall provide Health, Dental and Life Insurance plans. The City shall meet the employee's needs for health and dental insurance based upon the employee's dependent status. Single employees without dependents, hereinafter referred to as "Employee only," shall receive a contribution from the City towards the cost of premiums not to exceed $267/month. Employees with one qualified dependent, hereinafter referred to as "Employee + 1," shall receive a contribution from the City towards the cost of premiums not to exceed $495/month. Employees with two or more qualified dependents, hereinafter referred to as "Family," shall receive a contribution from the City towards the cost of premiums not to exceed $635 /month. If the premium cost of the health plan exceeds the City's contribution, the employee shall pay through payroll deduction the difference between the monthly premium and the amount contributed by the City. The employee shall forfeit any balance should the City's contribution exceed the cost of the premium. The employee's exercise of the option to use the difference toward dependent health coverage is subject to the conditions controlling enrollment periods and eligibility established by the respective plans or carriers. Section B. Effective July 1, 1996, the City's maximum contribution, referred to in Section A above, shall not exceed: $275/month Employee only $510/month Employee + 1 $654 /month Family 15 ARTICLE IX(continued) Section D. RETIRED HEALTH INSURANCE The City agrees to pay the employee-only health insurance premium for eligible retirees from the classifications represented by this agreement who retire after July 1, 1985. Such payment shall cease the day prior to the employee's sixty-fifth (65) birthday. If the retired employee has other group medical coverage available to him/her, then this other group insurance shall be primary and the City's health insurance plan shall function as secondary co-insurance. An eligible retiree is a unit member who retires on a SERVICE retirement and has 1500 hours of accumulated sick leave at the date of retirement. An employee who has fewer than 1500 hours of accumulated sick leave at the date of retirement may become eligible for coverage for employee only health insurance premium by paying the City an amount equal to his hourly pay rate at the time of retirement times the number of hours needed to meet the 1500 hours of accumulated sick leave requirement. There are three conditions for employees to be eligible to exercise this buyback provision. 1. The employee must be at least 50 years old; 2. The employee must have worked full-time continuously for the City of Arcadia for a minimum of 15 years; and 3. The employee is limited to purchasing a maximum of 60 days (720 hours) of sick leave. 40 Hour Week Schedule A unit member assigned to a 40 hour week schedule who retires on a SERVICE retirement and has 1000 hours of accumulated sick leave at the date of retirement, is also an eligible retiree. An employee in the 40 hour week assignment who has fewer than 1000 hours of accumulated sick leave at the date of retirement may become eligible for coverage for employee only health insurance premium by paying the City an amount equal to his hourly pay rate at the time of retirement times the number of hours needed to meet the 1000 hours of accumulated sick leave requirement. There are three conditions for an employee assigned to a 40 hour week to be eligible to exercise this buyback provision. 1. The employee must be at least 50 years old; 2. The employee must have worked full-time continuously for the City of Arcadia for a minimum of 15 years; and 3. The employee is limited to purchasing a maximum of 60 days (480 hours) of sick leave. 16 • ARTICLE IX(continued In addition, the eligible employee must apply prior to retirement for such coverage through Human Resources. The Association shall notify Human Resources in the event of the death of a retired member. During the month of June each year, insured retired employees must contact Human Resources in order to maintain coverage. In the absence of such contact, coverage shall cease on the following July 1. Section E. LIFE INSURANCE During the life of this agreement the City shall provide each employee with life insurance in the amount of$7,500.00. • 17 ARTICLE X DISABILITY INCOME INSURANCE Section A. Effective July 1, 1991, the City shall provide disability income insurance up to a maximum total monthly payment of $14.60 per employee, covered by this agreement. • • 18 • ARTICLE XI UNIFORMS Section A. The initial supply of uniforms is: 4 pair of work pants, 3 work shirts, 1 belt, 1 belt buckle, 2 pair of work boots, badge, and a work jacket. The class "A" uniform includes: 1 pair of dress pants, an Eisenhower jacket, clip on tie, and billed hat. The above items are supplied upon employment to all employees, with the exception of the class "A" uniform, which is supplied when the employee completes probation. Section B. There shall be a Uniform Replacement Program for the following items: 1. Shirts 4. Belt 2. Trousers 3. Work Jacket The program shall be administered by, and at the discretion of the City, for the purpose of providing replacement of worn items only. Section C. 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. Section D. Upon termination of employment the employee shall turn in all current uniforms issued in his/her possession, or shall have a dollar amount equal to the lost uniforms' cost deducted from the employee's final check. 19 • ARTICLE XII TUITION REIMBURSEMENT Section A. City will reimburse the employee 100% of the cost of books, fees and tuition for up to 7 semester or 9 quarter units during each semester/quarter at rates of the California State University system. The reimbursement shall be for only courses that are directly related to the employee's occupation as determined by the City Manager. No general education course or other courses not directly related to the job would be approved for reimbursement. Prior to reimbursement of costs, all course work must be completed while employed by the City of Arcadia with a passing grade of "C" or equivalent when numerical score or pass/fail grade is given. Any employee who shall terminate employment within one year from the completion of a class or classes shall refund all tuition paid under this provision unless he was required to attend by the appointing power. 20 ARTICLE XIII LEAVES Section A. In accordance with the current Personnel Rules and Regulations of the City of Arcadia, all leaves for classifications represented by this agreement shall be provided for as follows: Section B. POWER TO GRANT LEAVES. Upon the written request of an employee stating the reasons therefore, the appointing power with the approval of the City Manager shall have power to grant leaves of absence with or without pay 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 requirements 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 presents some other reasons equally satisfactory. 3. Right to Return - the granting of a leave of absence 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. 5. An employee granted a leave of absence may be required by the appointing power or the City Manager to successfully pass a medical examination prior to being allowed to return to work. • 21 • ARTICLE XIII (continued) 6. The granting of a leave of absence of thirty days or less, with or without pay, shall not constitute 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 interruption of service unless, in the action granting such leave of absence, it is provided that such leave of absence shall not constitute an interruption of service. Section C. MILITARY LEAVE Military leave shall be granted in accordance with the provisions 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 regulations to determine when such leave shall be taken. If the officer or employee taking such leave for military service 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 immediately 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 appointing 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. Every employee who has been on extended military duty shall report back for the performance of the duties of his employment within ninety days after his discharge or release from military duty. Failure to do so shall be reason for termination of his employment. Acceptance of extended military duty on a voluntary basis shall be reason for termination of his City employment. 22 ARTICLE XIII (continued) 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/she shall not be entitled to return to his/her employment with the City. Employees on extended military leave shall not lose or accumulate sick leave, vacation, seniority or other privileges because of such leave. Section D. VACATION LEAVE 1. Employees assigned to 24 hour shift schedule in the classification of Firefighter, Firefighter Paramedic, Fire Engineer and Fire Captain with the exception of temporary appointments, shall accumulate vacation leave beginning with the first full pay period of employment, at the rate of 7.385 hours per pay period during the first five years of continuous full time employment with the City (8.0 shifts per year), at the rate of 8.308 hours per pay period between the employee's fifth and tenth anniversary date of continuous full-time employment (9.0 shifts per year); at the rate of 10.154 hours per pay period between the employee's tenth and fifteenth anniversary date of continuous full time employment (11 shifts per year); and at the rate of 11.077 hours per pay period after the completion of fifteen years of continuous full time employment with the City (12 shifts per year). For employees assigned to 24 hour shifts, a "day" means 12 hours or one-half(1/2) shift. Employees assigned to a 40 hour week schedule, with the exception of temporary appointments, shall accumulate vacation with pay beginning with the first full pay period of employment at the rate of 4.924 hours per pay period during the first five years of continuous full time employment with the City, at the rate of 5.539 hours per pay period between the employee's fifth and tenth anniversary date ..of continuous full-time employment; at the rate of 6.770 hours per pay period between the employee's tenth and fifteenth anniversary date of continuous full time employment; and at the rate of 7.385 hours per pay period after the completion of fifteen years of continuous full time employment with the City . 23 ARTICLE XIII (continued) 2. Accumulated vacation leave shall be granted at the discretion of the appointing power. 3. Vacation may not be accumulated beyond the amount accumulable in sixty-five (65) pay periods. Once an employee has accumulated this amount, no more vacation will be accrued by the employee until the employees' accrual has been reduced below this maximum amount. When through work circumstances and needs of the job, an employee has been unable to utilize vacation time and this has not been a pattern or practice for that employee, the City Manager for good cause may approve excess accumulated vacation, provided the employee reduces this total below the allowable maximum within six (6) months. 4. An employee who has previously requested and was granted approval of vacation leave for use during the last three (3) months of the calendar year and is unable to utilize such leave because of the City's cancellation of leave shall be allowed to carry over the excess leave time into the next three (3) months of the new calendar year, if rescheduling of the vacation leave is not possible. 5. Upon termination, vacation used shall be pro-rated against vacation earned. Every City employee who leaves the City employ for any reason shall be granted all accumulated vacation or shall be paid therefore at his rate of compensation applicable at the time he leaves the City employ. If an employee works more than 50% of the pay period, the employee shall receive credit for that pay period's vacation. Section E. SICK LEAVE 1. All employees in classifications represented by this agreement with the exception of temporary appointments,and employees assigned to a 40 hour work schedule, shall accrue sick leave beginning with the first full pay period of employment on the basis of 5.54 hours for each pay period of service completed with the City (6 shifts per year). Employees assigned to a 40 hour work schedule shall accrue sick leave beginning with the first full pay period of employment on the basis of 3.693 hours for each pay period of service completed with the City (96 hours per year). 24 • ARTICLE XIII (continued) Employees assinged to a 40 hour work schedule may accumulate up to a maximum of 1500 hours of sick leave. All other unit employees may accumulate up to a maximum of 2,100 hours sick leave. For employees assigned to 24 hours shifts, a "day" means 12 hours or one half(1/2) shift. 2. Sick leave means authorized absence from duty of an employee who is temporarily disabled and unable to work due to a medical condition or due to a scheduled medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non- working hours. 3. Sick leave may be used by an employee when their attendance upon a member of the employee's family dependent who is seriously ill and requiring the care and attendance of such employee. Sick leave may also be used when the employee's family dependent requires the employee's presence at the dependents medical or dental appointment during regular working hours. Every effort shall be made to schedule appointments during non-working hours. Family dependents shall include only dependents currently residing in the employee's household, or the employee's minor children. 4. Sick leave may be used by an employee in accordance with paragraph 2 and 3 above. Any employee when off-duty as a result of personal or family illness shall report the fact immediately to his supervisor, 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. 25 • ARTICLE XIII (continued) 5. PROOF OF ILLNESS. 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 Chief and within the time limit specified by the department, the absence will be charged to leave without pay. 6. DENIAL 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 compensated outside employment. Section F. BEREAVEMENT LEAVE 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 death, or where death appears imminent, in the immediate family, defined as the spouse, the employee's or employee's spouse's mother, stepmother or father, stepfather, brother or sister, child or stepchild, grandparents, grandchildren, or any relative of the employee or employee's spouse residing in the same household. Such leave, up to a maximum of three (3) working days at one time, shall not be charged against sick or other leave. If over three (3) working days of such leave is granted, at one time, that amount over three (3) days shall be charged against sick or other leave. For employees assigned to 24 hours shifts, a "day" means 12 hours or 1/2 shift. Section G. WORKERS' COMPENSATION In those instances where an employee of the City of Arcadia is injured on duty and the injury or illness is so recognized by the Workers' Compensation Act of California, by the City of Arcadia or the Workers' Compensation Appeals Board, such employee shall be paid a combination of salary and Worker' Compensation equal to his regular salary rate for such time as he is absent from duty because of such injury or illness up to a maximum of one year from and after date of such. 26 • ARTICLE XIII (continued) injury or illness. Lost time due to an injury or illness on duty shall not be charged against an employee's accumulated sick leave. Pursuant to the Internal Revenue Code, Section 104 (a) (1), Workers' Compensation benefits are not taxable income. Section H. HOLIDAYS Unit employees assigned to a 56 hour week shall be allowed the following twelve (12) hour holidays with pay: New Year's Day Labor Day Memorial Day Thanksgiving Day Independence Day Christmas Day Unit employees assigned to a 40 hour week shall be allowed the following eight (8) hour holidays with pay: New Year's Day Labor Day Memorial Day Thanksgiving Day Independence Day Christmas Day Employees assigned to a 40 hour week have the option of taking vacation time, when the Fire Department's Administrative Office's are closed. Section I. 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 not to exceed 10 days per year. The employee shall remit to the City all fees received except mileage. Section J. WITNESS LEAVE An employee who is subpoenaed or required to appear in Court as a witness shall be deemed to be on a leave of absence. With approval of the appointing power and City Manager, the employee may be granted leave with pay during the required absence. The employee shall remit to the City all fees received except mileage. A paid leave of absence shall not be granted for time spent in Court on personal cases. Section K. UNAUTHORIZED ABSENCE Unauthorized leaves of absence are cause for immediate dismissal. 27 ARTICLE XIV PROBATIONARY PERIOD Section A. The probationary period is part of the examination process. It is a work-test period during which the employee's performance and conduct on the job are evaluated to determine whether or not the employee is fully qualified for permanent appointment. During the probationary period, a probationer may be released, or demoted if permanent status is held in a lower classification, without the right of appeal, if the appointing power deems the probationer unfit or unsatisfactory for service. When a provisional appointment is made to a probationary position and subsequently the appointee is appointed to the position as a probationary employee, with no time interval between the provisional and probationary appointment, the "employment date" as herein defined, shall be the date first appointed on a provisional basis. Section 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 (18) months before attaining permanent status. Section C. Eligible candidates appointed from a promotional list shall be on probation for twelve(12) months before attaining permanent status. 28 ARTICLE XV EMT-1 CERTIFICATION All members of the unit shall maintain an EMT Certification, or equivalent, and recertify every two (2) years. An EMT -1 Certification shall be the minimum acceptable level of certification. Training and recertification classes shall be conducted on City time. Failure to obtain the certification or to recertify are cause for progressive disciplinary action. 29 ARTICLE XVI NO SMOKING POLICY In recognition of the health hazards arising form the use of tobacco products, the parties agree that as a condition of employment, all unit members hired after July 1, 1991 shall sign individual agreements that the employee shall refrain from smoking, chewing or otherwise using tobacco products such as, but not limited to, cigarettes,cigars, pipe tobacco, chewing tobacco or snuff. An employee who fails to comply with the agreement shall receive a written warning for the first offense, two shifts off without pay for the second offense and shall be discharged for the third offense. 30 ARTICLE XVII RESPONSE TIME Due to the emergency requirements of prompt response time, all members of the unit are expected to return to work as soon as possible when required to respond to local emergencies. Employees shall be required to make themselves available to emergency recall response within twelve (12) hours of notification. 31 • ARTICLE XVIII EMPLOYEE COMPLAINTS AND GRIEVANCES Section A. PROCEDURE An employee, or group of employees, who feel they have a grievance have the right to express it through the proper channels. The following procedure shall be followed in presenting a grievance: 1. Within fifteen (15) days of the act or omission, or the date on which the employee reasonably should have known of the act or omission of the occurrence of the event giving rise to the employee(s) grievance, the employee(s) shall discuss the grievance with their immediate supervisor. 2. If, after discussing the grievance with the supervisor, the employee(s) is/are still dissatisfied, a written grievance may be filed by the employee(s) with the individual in the next higher position in the department provided such written grievance is filed within ten (10) days of the meeting referred to in the paragraph above (1-A). A decision in writing within ten (10) workdays shall be communicated to the employee(s) If the response is not made within the time limits, or if the employee(s) is/are still dissatisfied, the employee(s) may appeal in writing to the department administrator. 3. An employee, or group of employees, proceeding to the department administrator shall file a written appeal within five (5) workdays of notice of the decision referred to in the paragraph above (1-B) or within five (5) workdays of the lapse of the time limits. The department head may require the employee(s) and the immediate supervisor to attend a grievance meeting. The department head shall communicate a 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(s) is/are still dissatisfied, the employee(s) may appeal in writing to the Human Resources Manager. 4. An employee, or group of employees, appealing to the Human Resources Manager shall file a written appeal within five (5) 32 • • • ARTICLE XVIII(continued) workdays of notice of the decision referred to in the paragraph above (1-C) or within five (5) workdays of the lapse of the time limits within which the written decision was required. The Human Resources Manager shall then take whatever action deemed appropriate to resolve the grievance and may require the employee(s) and the immediate supervisor to attend a grievance meeting. The Human Resources Manager shall communicate a decision in writing within ten (10) workdays of receiving the grievance or the holding of a grievance meeting, whichever is longer. If the Human Resources Manager's response is not made within the time limits, or if the employee(s) is/are still dissatisfied, the employee may appeal in writing to the Human Resources Commission. 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 Human Resources Commission shall within five (5) workdays 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. All parties shall be notified by U.S. Mail of the date, time, and place of the hearing by the Human Resources Manager. 6. All of the facts shall be presented to the City Manager, along with the recommendation of the Human Resources Commission. The employee(s) shall have the right to meet with the City Manager, within five (5) workdays from the date the Human Resources Commission makes a recommendation to the City Manager. The City Manager shall render a final decision in writing within ten (10) workdays after reviewing the recommendation of the Human Resources Commission or the holding of a grievance meeting, whichever is longer. Section B. GENERAL PROVISIONS 1. The grievant(s) has/have the right of representation of their choice at all . levels. The Human Resources Manager shall be notified of the representative, if any. 33 • • • ARTICLE XVIII (continued) 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(s) to proceed to the next level. 3. Except by mutual agreement, failure by the grievant(s), 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 parties. Section C. DEFINITIONS 1. Grievance All allegations by any employee, or group of employees, in the classified service that the employee(s) has/have been adversely affected by a violation of a specific provision of the Memorandum of Understanding, Personnel Rules and Regulations of the City and/or of the department. 2. Grievant A grievant is any employee, or group of employees, in the classified service adversely affected by a violation of a specific provision of the Memorandum of Understanding, Personnel Rules and Regulations of the City and/or of the department. 3. Written Grievance The written grievance shall set forth a clear statement of the grievance, the specific Personnel Rule(s) and/or section(s) of the Memorandum of Understanding involved, the circumstances involved, the decision rendered at the informal conference and the specific remedy sought. 4. Written Appeal 34 • • ARTICLE XVIII (continued) The written appeal shall outline the same information specified in the written grievance definition, plus the decision rendered at the previous step(s) in the process. 5. Workday A workday is any day the City offices are regularly open for business. • 35 • ARTICLE XIX FULL UNDERSTANDING Section A. 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, and the City, upon request, agrees to meet and confer with the Association over matters within the scope of representation. For the life of this agreement it is agreed and understood that the Association hereto voluntarily agrees that the City 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. The parties agree and understand that any Section of this MOU may be reopened by mutual consent. Section B. The parties hereto have caused this Memorandum of Understanding to be executed this 22nd day of December, 1995. ARCADIA FIREFIGHTERS CITY OF ARCADIA ASSOCIATION /, Kurt orwo fd William R. Kelly President City Manager 36 r r-A • 1995 BARGAINING TEAMS AFFA WAGE NEGOTIATING TEAM CITY REPRESENTATIVES David Franta, Vice President Gary W. Rogers, Asst. to the City Manager Human Resources Manager Harvy Lozar, Secretary Dan Cassidy - Liebert , Cassidy & Frierson 37 •