HomeMy WebLinkAboutMOU: Firefighters - 1977-1979 ►` K-4.
CITY OF ARCADIA
AND
ARCADIA FIREFIGHTERS' ASSOCIATION
MEMORANDUM OF UNDERSTANDING
JULY 1, 1977 - JUNE 30, 1979
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CONTENTS
Page
Section I Parties and Recognition 1
Appropriate Unit
Mutual Recommendation
Section II Terms 2
Maintenance of Benefits
Savings Clause
Section III Association Rights
A. Right to Join 3
B. Use of Bulletin Boards 3
C. Payroll Deduction 3
D. Access to Facilities 4
E. Reasonable Notice 4
Section IV Management Rights 5
Section V Compensation 6
Section VI Health and Life Insurance 8
Section VII Disability Income Insurance 9
Section VIII Dental Insurance 10
Section IX Uniforms 11
Section X Probationary Period 12
Section XI Employee Complaints
and Grievances
A. Procedure 13
B. General Provisions 15
C. Definitions 15
Section XII Full Understanding Execution
of Agreement 17
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Section I
PARTIES AND RECOGNITION
This Memorandum of Understanding is made and entered
into between the management representatives of the
City of Arcadia, hereinafter referred to as the "City"
and representatives of the Arcadia Firefighters Asso-
ciation, a unit of the California Teamsters Public,
Professional and Medical Employees Union, Local 911,
hereinafter referred to as the "Association" , pursuant
to the provisions of the Meyers-Milias-Brown Act (Gov-
ernment Code Sections 3500 et seq. )
APPROPRIATE UNIT
The classifications covered by this agreement are:
Firefighter
Firefighter, assigned as Paramedic
Fire Engineer
Fire Captain
Dispatcher
MUTUAL RECOMMENDATION
This Memorandum of Understanding constitutes a mutual
recommendation to be presented to the City Council ,
City of Arcadia, for determination.
APPROVED
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Section II
A. TERMS
The parties have met and conferred in good faith
regarding wages, hours and other terms and con-
ditions of employment and it is mutually agreed
that this Memorandum of Understanding shall be
effective for the period beginning July 1, 1977
and ending June 30, 1979.
B. MAINTENANCE BENEFITS
For the period of July 1, 1977 through June 30,
1979, all currently effective provisions of the
City Council , including ordinances, resolutions,
mini-resolutions and budgets relating to any
mandatory item of the meet and confer process
shall remain in effect as currently administered
except as modified by this agreement.
SAVINGS CLAUSE
If any provision or the application of any provision
of this agreement as implemented should be rendered
or declared invalid by any final court action or
decree, or by reasons of any preemptive legislation,
the remaining sections of this agreement shall remain
in full force and effect for the duration of said
agreement.
APPROVED
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Section III
ASSOCIATION RIGHTS
A. RIGHT TO JOIN
The City and the Association recognize the right of
the employees to form, join and participate in law-
ful activities of employee organizations and the
equal alternative right of employees to refuse to
join or participate in employee organization activi-
ties.
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 busi-
ness hours subject to the following conditions:
a) all postings for bulletin boards must contain
the date of posting and the indentification of the
organization and b) the Association will not post
information which is defamatory, derogatory or
obscene subject to the immediate removal of the
right to post for a period not to exceed 90 days.
C. PAYROLL DEDUCTION _
The City will deduct from the pay of Association
members the normal and regular monthly Association
membership dues as voluntarily authorized in writing
by the employee on the City form subject to the fol -
owing conditions:
1. Such deduction shall be made only upon
submission of the City form to the desig-
nated 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 discon-
tinued deduction until the pay period
commencing fifteen days or longer after
such submission.
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D. ACCESS TO FACILITIES
All Association business will be conducted by em-
ployees and Association representatives outside
of established work hours.
Nothing herein shall be construed to prevent an
Association representative or an employee from
contacting the Personnel Director or other man-
agement representatives regarding personnel re-
lated matters during work hours.
The authorized Business Agent shall be given
access to work locations during working hours
provided that prior to visiting any work lo-
cation the Association representative shall :
1. Contact the Personnel Director or his
designate, to state the purpose of his
visiting, and
2. The Personnel Director or designate
determines that such visit shall not
interfere with the operations of the
department.
In the event the requested time and/or location
of such visit by the Business Agent is denied
because it would interfere with the operations
of the department, the Personnel Director or his
designate shall set an alternative time and/or
location for such visit within 72 hours.
E. REASONABLE NOTICE
It is mutually understood and agreed that a copy
(via the United States Postal Service) of the City
Council and/or Personnel Board agenda for each
meeting mailed to two authorized representatives
of the Association shall constitute reasonable
written notice of any opportunity to meet with
such agencies, or all matters within the scope
of representation upon which the City Council or
Personnel Board may act. The Association shall
provide the Personnel Director with the name and
addresses of the two authorized representatives
within five days of the effective date of this
agreement.
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Section IV
MANAGEMENT RIGHTS
Except as limited by the specific and express terms
of this agreement, the City hereby retains and re-
serves unto itself all rights, powers, authority,
duty and responsibilities confirmed on and vested
in it by the laws and the constitution of the
State of California, the Charter of the City of
Arcadia and/or the laws and Constitution of the
United States of America.
The management and the direction of the work force
of the City is vested exclusively in the City, and
nothing in this agreement is intended to circum-
scribe or modify the existing rights of the City
to direct the work of its employees; hire, pro-
mote, demote, transfer, assign and retain employees
in positions within the City, subject to the Per-
sonnel rules and regulations of the City; suspend
or discharge employees for proper cause; maintain
the efficiency of governmental operations; relieve
employees from duties for lack of work or other
good reason; take action as may be necessary to
carry out the City's mission and services in
emergencies; and to determine the methods, means
and personnel by which the operations are to be
carried out.
APPROVED
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Section V
COMPENSATION
A. Effective July 3, 1977 the salary schedule for the classi-
fications covered by this agreement shall be improved by
5%.
B. Effective July 3, 1977 the City shall provide as deferred
compensation a set dollar amount to be paid toward the
employee's contribution to the Public Employee's Retire-
ment System. The dollar amount to be paid as deferred
compensation for the 1977-78 fiscal year shall be an
amount equal to 2% of the July 3, 1977 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 2% in lieu of such deferred compensation
plan.
C. Effective July 2, 1978 the Salary Schedule for the classi-
fications covered by this agreement shall be improved by
5%. In the event the Consumer Price Index for the period
of May 1977 to May 1978 exceeds an 8% annual inflation
rate the City agrees to improve the Salary Schedule effec-
tive July 3, 1977 by an amount equal to the difference
between the higher rate and 8% up to a maximum additional
increase of 2%.
D. Effective July 2, 1978 the City shall change its deferred
compensation plan by increasing the set dollar amount to
be paid toward the employee' s contribution to the Public
Employee's Retirement System to a dollar amount equal to
4% of the July 2, 1978 Salary Schedule for each employee.
Said dollar amount shall be fixed and shall not auto-
matically 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. In the event this method
of deferred compensation is declared illegal in a manner re-
ferred to in. paragraph B herein, the City agrees to improve
the 1978-79 Salary Schedule by 2% on July 2, 1978 in lieu
of such deferred compensation plan.
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Section V
E. During the term of this agreement, personnel assigned to the
Fire Prevention Bureau shall receive sixth-five (65) dollars
per month in addition to their base salary. In accordance
with past practice, this compensation shall not be added to
base pay for the computation of overtime.
APPROVED
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Section VI
HEALTH AND LIFE INSURANCE
A. Effective July 1, 1977, the City shall pay the increased
health insurance premium cost for employee-only coverage
of the City' s Major Medical insurance up to a maximum
total monthly payment of $30.65 per employee.
B. Effective July 1, 1978, the City shall pay the increased
health insurance premium cost for employee-only coverage
of the City' s Major Medical insurance up to a maximum
total monthly payment of $35.65.
C. During the life of this agreement, the City agrees to pay
the employee only health insurance premium cost up to
$35.00 per month for future retirees from classifications
represented by this agreement. Such payment shall cease
by employee' s sixty-fifth birthday.
In order to be eligible for retiree health coverage, the
employee must apply for such coverage through the City
Personnel Department. The Association shall notify the
City Personnel Department in the event of the death of
a retired member. During the month of June, each year,
insured retired employees must contact the City Personnel
Department in order to maintain coverage. In the absence
of such contact coverage shall cease on the following
July 1.
D. During the life of this agreement the City shall provide
each employee with life insurance in the amount of
$1,000.00.
APPROVED
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Section VII
DISABILITY INCOME INSURANCE
The City shall provide disability income insurance to each
employee covered by this agreement during the life of the
agreement.
APPROVED
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7/77 Section VIII
DENTAL INSURANCE
A. The City shall provide each employee with a dental insur-
ance plan during the life of this agreement. The prem-
ium for the employee-only coverage portion of the dental
plan shall be paid for by the City up to a maximum total
payment of $5. 50 per month per employee during fiscal
year 1977-1978, and up to a maximum total payment of
$6.50 per month per employee during fiscal year 1978-
1979.
B. The dental plan shall provide for dependent coverage at
the option of the employee, the cost of which shall be
paid by the employee.
APPROVED
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Section IX
UNIFORMS
A. There shall be a uniform replacement program for the foil-
lowing items:
1. Shirts 3. Cotton Work Jacket
2. Trousers
The program shall be administered by, and at the discretion
of the City, for the purpose of providing replacement of
worn items only.
B. The City of Arcadia shall set standards for footwear in the
Arcadia Fire Department. The City shall provide a safety
boot for each member of the Fire Department who is involved
in the suppression of fires. This boot will be required
footwear for the department. The total cost of the safety
boot shall be borne by the City. Increases in cost for the
safety boot shall also be absorbed by the City. The only
footwear cost the City will pay is for the safety boot.
Responsibility for standards of footwear are the Cities
alone.
C. Upon termination of employment the employee shall turn in
all uniforms issued or shall have a dollar amount equal
to the lost uniform cost deducted from the employee's
final check.
AVED
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Section X
PROBATIONARY PERIOD
A. The probationary period is part of the examination process.
It is a work-test period during which the employee' s per-
formance and conduct on the job are evaluated to determine
whether or not the employee is fully qualified for per-
manent appointment.
B. All eligible candidates appointed to a position from an
open competitive examination and who are not currently
employed in a permanent position shall be on probation
for eighteen months before attaining permanent status.
C. Eligible candidates appointed from a promotional list shall
be on probation for twelve months before attaining permanent
status.
APPROVED
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Section XI
EMPLOYEE COMPLAINTS AND GRIEVANCES
A. PROCEDURE
An employee who feels he has a complaint or a grie-
vance has the right to express it through the proper
channel . The following procedure shall be followed
in presenting a grievance:
1. Within fifteen (15) days of the occurence
of the event giving rise to the grievance,
the employee shall discuss the grievance
with the immediate supervisor.
2. If, after discussing the grievance with
the supervisor, the employee is still
dissatisfied, a written grievance may be
filed by the employee with the individual
in the next higher position in the depart-
ment provided such written grievance is
filed within ten (10) days of the meeting
referred to in paragraph A-1.
The written grievance shall set forth a
clear statement of the grievance, the
circumstances involved, the decision ren-
dered at the informal conference and the
specific remedy sought.
A decision in writing within ten (10) work-
days shall be communicated to the employee.
If the response is not made within the time
limits, or if the employee is still dissat-
isfied, the employee may appeal in writing
to the department administrator.
3. An employee proceeding to the department
administrator shall file a written appeal
within five (5) workdays of notice of the
decision referred to in paragraph A-2 or
within five (5) workdays of the lapse of
the time limits within which the written
decision was required.
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The department head may require the employee
and the immediate supervisor to attend a
grievance meeting. The department head
shall communicate his decision in writing
within ten (10) workdays of recieving the
grievance or the holding of a grievance
meeting, whichever is longer.
If the response is not made within the time
limits or if the employee is still dissat-
isfied the employee may appeal in writing
to the Personnel Director.
4. An employee appealing to the Personnel
Director shall file a written appeal within
five (5) workdays of notice of the decision
referred to in paragraph A-3 or within five
(5) workdays of the lapse of the time limits
within which the written decision was required.
The Personnel Director shall then take what-
ever action he deems appropriate to resolve
the grievance and may require the employee
and the immediate supervisor to attend a
grievance meeting. The Personnel Director
shall communicate his decision in writing
within ten (10) workdays of receiving the
grievance or the holding of a grievance
meeting, whichever is longer.
If the Personnel Director's response is not
made within the time limits, or if the em-
ployee is still dissatisfied, the employee
may appeal in writing to the Personnel
Board. Such appeal shall be filed within
five (5) workdays of notice of the decision
or within five (5) workdays of the lapse
of the time limits within which the written
decision was required.
5. The Personnel Board shall within five (5)
workdays of receipt of the appeal , set
a date for a hearing. Such hearing date
shall be within thirty (30) callendar days
from the date of receipt of the appeal .
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6. All of the facts shall be presented to the
City Manager, along with the recommendation
of the Personnel Board. The employee shall
have the right to meet with the City Manager.
The City Manager shall render a final deci-
sion in writing within ten days after re-
viewing the recommendation of the Personnel
Board.
B. GENERAL PROVISIONS
1. The grievant has the right of representation
of the grievant' s choice at all formal levels.
The Personnel Director shall be notified of
the representative, if any.
2. Except by mutual agreement, failure by the
employer at any level to communicate a deci-
sion within the sepcified time limit shall
permit the grievant to proceed to the next
level .
3. Except by mutual agreement, failure by the
grievant, at any level , to file or appeal
a grievance to the next level within the
specified time limit shall be considered
acceptance of the resolution of the grie-
vance at that level .
4. Time limits may be waived by the mutual con-
sent of the grievant and the Personnel
Director.
C. DEFINITIONS
1. Grievance -
an allegation by any employee in the classi-
fied service that the employee has been ad-
versly affected by a violation of a specific
provision of the Memorandum of Understanding
or Personnel Rules and Regulations.
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2. Grievant -
an aggrieved person is any employee in the
classified service adversely affected by a
violation of a specific provision of the
Memorandum of Understanding or Personnel
Rules and Regulations.
3. Workday -
a workday is any day the City offices are
regularly open for business.
APPROVED
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Section XII
A. FULL UNDERSTANDING
This Memorandum of Understanding contains all
the covenants, stipulations and provisions agreed
upon by the parties and any other prior existing
understanding or agreements by the parties,
whether formal or informal , regarding any such
matters are hereby superseded or terminated in
their entirety.
It is the intent of the parties that this agree-
ment be administered in its entirety in good
faith during its full term. The union recognizes
that during such term it may be necessary for
Management to make changes in rules or procedures
affecting the employees in the unit.
For the life of this agreement it is agreed and
understood that each party hereto voluntarily and
unqualifiedly waives its rights and agrees that
the other shall not be required to meet and confer
with respect to any subject or matter whether re-
ferred to or covered in this agreement or not during
the t°MM 31 this agreement. '
B. The parties hereto have caused this Memorandum of
Und
e;
rstanding to be executed this / day of
/L.( , 1977.
ARCADIA FIREFIGHTERS CITY OF ARCADIA
ASSOCIATION
AniaLaii /2 �.'421' . e ' :A r-
are Lozar • G:: g- J W. is
Pr- ident Assistant ity Manager
CALIFORNIA TEAMSTERS
LOCAL 911
u�, - f l C/ - C ,
Jo1}i Matull
Business Representative -17-