HomeMy WebLinkAboutMOU: Firefighters - 1991-1994 CITY OF ARCADIA
AND
ARCADIA FIREFIGHTERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JULY 1, 1991 - JUNE 30, 1994
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TABLE OF CONTENTS
Page
Article I Parties and Recognition 1
Appropriate Unit 1
Mutual Recommendation 1
Article II Terms 2
Maintenance of Benefits 2
Savings Clause 2
State and Federal Laws 2
Article III Association Rights
o Right to Join 3
o Use of Bulletin Boards 3
o Payroll Deduction 3
o Access to Facilities 3-4
o Reasonable Notice 4
Article IV Management Rights 5
Article V Compensation 6-7
o General Compensation 6-7
o Promotion or Advancement 7
o Educational Incentive Compensation 7-8
o Step Increase Percentages 8
o Fire Prevention Bureau 8-9
o Truck Company Captain 9
Article VI Overtime 10
Fair Labor Standards Act 10
Minimum Credit and Emergency Recall 10
Article VII Stability Pay 11
Article VIII Retirement 12
Article IX Health, Dental and Life Insurance 13
o Retired Health Insurance 14
o Life Insurance 14
Article X Disability Income Insurance 15
Article XI Uniforms 16
Article XII Tuition Reimbursement 17
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TABLE OF CONTENTS
Page
Article XIII Leaves
o Provided For 18
o Power to Grant Leaves 18
o Military Leave 19
o Vacation Leave 19-20
o Sick Leave 20-21
Proof of Illness 21
Denial 21
o Bereavement Leave 22
o Workers' Compensation 22
o Holidays 22
o Jury Leave 22
o Witness Leave 23
o Unauthorized Absence 23
Article XIV Probationary Period 24
Article XV EMT 1 Certification 25
Article XVI No Smoking Policy 26
Article XVII Response Time 27
Article XVIII Health Standards 28
Article XIV Employee Complaints and Grievances 29
o Procedure 29-30
o General Provisions 30
o Definitions 31
Article XX Full Understanding Execution of
Agreement 32
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 Myers-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
Deputy Fire Marshal
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.
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ARTICLE II
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 July 1, 1991 and ending
June 30, 1994.
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.
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ARTICLE III 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 immediaHP LaserJet Series II (Pacific Data)HLSIPADA.PRS
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.
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 Personnel Director or other management representatives
regarding personnel related matters during work hours.
ARTICLE III continued
The authorized representative shall be given access to work locations during working
3
hours provided that prior to visiting any work location the Association representative
shall:
1. Contact the Personnel Director, the Fire Chief or his designate, to state the
purpose of his visiting, and
2. The Personnel Director, 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 Personnel Board 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 Personnel Board may act. The Association
shall provide the Personnel Director 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.
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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.
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ARTICLE V COMPENSATION
Section A. Effective June 30, 1991, the Salary Schedule for the classifications of Fire Captain and
Deputy Fire Marshal shall be improved by 7%; the classifications of Fire Engineer and
Firefighter Paramedic shall be improved by 6%, and the classification of Firefighter shall
be improved by 5%.
Section B. The City shall continue to provide as deferred compensation a set dollar amount to be
paid toward the employee's contribution to the Public Employee's Retirement System.
Effective June 30, 1991, the dollar amount to be paid as deferred compensation shall be
an amount equal to 9% of the June 30, 1991 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 9% in lieu of such deferred compensation plan.
Section C. Effective December 29, 1991, the Salary Schedule for the classifications of Fire Captain,
Fire Engineer, Firefighter Paramedic, Firefighter and Deputy Fire Marshal shall be
improved by 2%. The City shall continue to pay the dollar amount paid toward the
employees contribution to PERS as deferred compensation an amount equal to 9% of
the December 30, 1991 Salary Schedule rate for each employee. Such dollar amount
shall be fixed and shall not automatically increase due to future salary adjustments. The
provisions regarding the legality of this method of deferred compensation contained
hereinabove apply.
Section D. Effective June 28, 1992, the Salary Schedule for the classification of Fire Captain, Fire
Engineer, Firefighter Paramedic, Firefighter and Deputy Fire Marshal shall be improved
by 4%. The City shall continue to pay the dollar amount paid toward the employees
contribution to PERS as deferred compensation an amount equal to 9% of the June 28,
1992 Salary Schedule rate for each employee. Such dollar amount shall be fixed and
shall not automatically increase due to future salary adjustments. The provisions
regarding the legality of this method of deferred compensation contained hereinabove
apply.
Section E. Effective December 27, 1992, the Salary Schedule for the classifications covered by this
agreement shall be improved by 3%. The City shall continue to pay the dollar amount
paid toward the employees contribution to PERS as deferred compensation an amount
equal to 9% of the December 27, 1992 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.
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ARTICLE V continued
Section F. Effective June 27, 1993, the Salary Schedule for the classifications covered by this
agreement shall be improved by 3%. The City shall continue to pay the dollar amount
paid toward the employees contribution to PERS as deferred compensation an amount
equal to 9% of the June 27, 1993 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.
Section G. Effective December 26, 1993, the Salary Schedule for the classifications of Fire Captain,
Fire Engineer, Firefighter Paramedic, Firefighter and Deputy Fire Marshal shall be
improved by 4%. The City shall continue to pay the dollar amount paid toward the
employees contribution to PERS as deferred compensation an amount equal to 9% of
the December 26, 1993 Salary Schedule rate for each employee. Such dollar amount
shall be fixed and shall not automatically increase due to future salary adjustments. The
provisions regarding the legality of this method of deferred compensation contained
hereinabove apply.
Section H. 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 unless the top step in such range provides less than one step
increase. Such one step shall be measured by the range from which the employee
is promoted.
2. Effective June 30, 1991, the classifications of Fire Captain, Deputy Fire Marshal,
Fire Engineer, Firefighter Paramedic and Firefighter shall progress from Step D to
Step E of the Salary Schedule upon the completion of one year of service on Step
D.
3. When an employee is promoted to a higher classification, the date of promotion
shall be used in determining the date of future step increases.
Section I. EDUCATIONAL INCENTIVE COMPENSATION
1. Effective June 30, 1991, for the classifications listed above, the City shall establish
an education incentive program. 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.
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ARTICLE V continued
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 J. The parties acknowledge that the percentages between steps shall be as close to 5%
as the payroll computer's capability allows.
Section K. 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, non-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
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ARTICLE V continued
thereafter return to the assignment on a modified work basis, shall not lose their
assignment pay.
Section L. TRUCK COMPANY CAPTAIN COMPENSATION
During the term of this agreement a Fire Captain assigned by the Chief to be in command
of a Truck Company shall receive $46.15 per pay period in addition to his base salary
during the period of the assignment as the Truck Company Captain. Thereafter, the Fire
Chief shall set the stipends for this assignment on an annual basis no less than the
current MOU provision.
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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
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.
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.
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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
5 $125 13 $325
6 $150 14 $350
7 $175 15 $375
8 $200 16 $400
9 $225 17 $425
10 $250 18 $450
11 $275 19 $475
12 $300 20 $500
Cash stability payments are made once a year between December 1, and December 10, only to
employees on the payroll as of December 1.
Stability payments will be paid on a pro-rata basis to employees that retire or are laid off prior to
December 1, provided they meet all eligibility requirements.
Stability pay will only be applicable to employees who were hired prior to July 1, 1983.
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ARTICLE VIII RETIREMENT
Section A. The City contracts with the State of California Public Employees Retirement System
(PERS) for the classifications of Firefighter, Firefighter Paramedic, Fire Engineer, Deputy
Fire Marshal and Fire Captain. The plan shall include the following options:
1. 2% at age 50 retirement formula.
2. Single highest year final compensation.
3. Post Retirement Survivor Continuance.
4. Credit for Unused Sick Leave (Sec.20862.8) maximum of six months.
5. 1959 Survivors Benefit for which each employee contributes ninety-three cents
($ .93) per pay period.
6. Third level 1959 Survivors Benefit increased allowance, Sec. 21382.4.
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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
$221/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 $409/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 $500/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, 1992, the City's maximum contribution, referred to in Section A above,
shall not exceed:
$243/month Employee only
$450/month Employee +1
$560/month Family
Section C. Effective July 1, 1993, the City's maximum contribution referred to in Section B above,
shall not exceed:
$267/month Employee only
$495/month Employee +1
$635/month Family
Section D. During the life of this agreement, for employees who do not qualify for subsection "E"
below, the City agrees to continue to pay the employee-only health insurance premium
cost up to $40.00 per month for retirees from classifications represented by this
agreement who retire after July 1, 1977 and prior to June 30, 1994. Such payment shall
cease by employee's sixty-fifth birthday.
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ARTICLE IX continued
Section E. RETIRED HEALTH INSURANCE
The City agrees to pay the employee-only health insurance premium for eligible retirees
from the classifications of sworn personnel 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 sworn 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. In addition, the
eligible employee must apply prior to retirement 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.
Section F. LIFE INSURANCE
During the life of this agreement the City shall provide each employee with life insurance
in the amount of $7,500.00.
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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.
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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
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.
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ARTICLE XII TUITION REIMBURSEMENT
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.
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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.
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.
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ARTICLE XIII continued
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.
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 6.92 hours per pay period
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ARTICLE XIII continued
during the first ten years of continuous full time employment with the City
(7.5
shifts per year) and at the rate of 10.15 hours per pay period after the
completion of ten years of continuous full time employment with the City (11
shifts per year). For employees assigned to 24 hour shifts, a "day" means
12 hours or one-half (1/2) shift.
a. Sworn 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 4.61 hours per pay
period during
the first ten years of continuous full time employment with the City (15 days
per year) and at the rate of 6.77 hours per pay period after the completion
of ten years of continuous full time employment with the City (22 days per
year).
2. On June 30th of each year, any vacation accumulated beyond the amount
accumulable for a fifty-two (52) pay period basis shall not be carried forward.
Any excess accumulated vacation over this limit shall be forfeited.
3. 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 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 accrual.
Section 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 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). Sworn employees may
accumulate up to a maximum of 1,800 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
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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.
ARTICLE XIII continued
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.
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.
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ARTICLE XIII continued
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 injury or illness. Lost time due to an injury or
illness on duty shall not be charged against an employee's accumulate sick leave.
Pursuant to the Internal Revenue Code, Section 104 (a) (1), Workers' Compensation
benefits are not taxable income.
Section H. HOLIDAYS
Employees in the classifications of Firefighter, Firefighter Paramedic, Fire Engineer and
Fire Captain shall be allowed the following holidays with full pay and not others:
New Year's Day Labor Day
Memorial Day Thanksgiving Day
Independence Day Christmas Day
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.
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ARTICLE XIII continued
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.
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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.
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ARTICLE XV EMT 1 CERTIFICATION
All members of the unit shall maintain an EMT-1 Certification and recertify every two (2) years. Training
and recertification classes shall be conducted on City time. Failure to obtain the certification or to
recertify are cause for progressive disciplinary action.
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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.
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ARTICLE XVII RESPONSE TIME
Due to the emergency requirements of prompt response time, all sworn members of the unit must live
within a radius of fifty (50) miles of the Fire Headquarters. Employees who currently live outside the
fifty (50) mile radius shah not be required to move; however, they shall not move to any location that
is further distance than the distance they resided at on July 1, 1991.
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I
ARTICLE XVIII HEALTH STANDARDS
The Association and Fire Department shall meet and confer to establish physical fitness standards that
sworn employees will be required to achieve. The parties agree to begin to meet within 30 days of the
ratification of this agreement.
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•
ARTICLE XIV 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 Personnel Director.
4. An employee, or group of employees, appealing to the Personnel Director shall
file a written appeal within five (5) 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 Personnel Director shall then take whatever action deemed appropriate to
resolve the grievance and may require the employee(s) and the immediate
supervisor to attend
29
ARTICLE XIV continued
a grievance meeting. The Personnel Director 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 Personnel Director'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
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) 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 Personnel Director.
6. All of the facts shall be presented to the City Manager, along with the
recommendation of the Personnel Board. The employee(s) shall have the right
to meet with the City Manager, within five (5)workdays from the date the Personnel
Board 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 Personnel Board 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 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(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.
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.
ARTICLE XIV continued
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
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.
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ARTICLE XX 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
31st day of July, 1991.
ARCADIA FIREFIGHTERS CITY OF ARCADIA
ASSOCIATION
Ken Marston George J. Watts
President City Manager
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• - Y
1991 BARGAINING TEAMS
AFFA WAGE NEGOTIATING TEAM CITY REPRESENTATIVES
Cpt. Kaye CrawfordFirst Vice President Alex D. McIntyre Assistant to the City Manager
Cpt. Dave Wilson Member Gary Rogers Administrraive Assistant
Cpt. Mike Pauro Member Don Little Battalion Chief
Lanny Wulf Member
Dave Franta Member Dan Cassidy Attorney
Sylvia Kellison Attorney