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HomeMy WebLinkAboutCC RESO 15,315RESOLUTION NO. 15,315 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION WHEREAS, the City has met and conferred with representatives of the National City Firefighters' Association; and, WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq. NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The City Manager is hereby authorized to enter into Memorandum of Understanding (MOU) between the City of National City and the Natinal City Firefighters' Association for the period July 1, 1987 through June 30, 1988. SECTION 2. The City Manager is hereby directed to reflect the compensation plan as set forth in the subject MOU in the final budget for Fiscal Year 1987-88. A copy of said Memorandum of Understanding shall be on file in the office of the City Clerk and reference is made thereto for all particulars contained therein. PASSED and ADOPTED this 26th day of May, 1987. George H. Waters, Mayor ATTEST: Ione Campbell, City Cl:' k APPROVED AS TO FORM: 41„,. George H. ter, III - City Attorney MEMORANDUM OF UN DERSTAN DIN G NATIONAL CITY FIREFIGHTERST ASSOCIATION and CITY OF NATIONAL CITY, CALIFORNIA July 1, 1987 - June 30, 1988 C c MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION, IAFF LOCAL 2744, FOR THE FOLLOWING PERIOD OF TIME: JULY 1, 1987 - JUN E 30, 1988. The representatives of the City Manager of the City of National City, acting for and on behalf of the City Council of National City, have met and conferred with the representatives of the National City Firefighters' Association, an organization representing employees of the City of National City, in accordance with the provisions of Section 3500, et. seq., of the Government Code of the State of California, and; As a result of meeting and conferring in good faith with said Group, agreement has been reached on the following terms and conditions of employment as applied to those employees who are members of and represented by the Association; and the Memorandum of Understanding concerning said agreed terms and conditions of employment has been approved by the City Council of the City of National City on May 12, 1987 by Resolution No. 15,315. For the City: ...";;;;244( G. McCat#, City Manager Richard D. Schulman, Chief Spokesperson Edward ionnelly, Represen Shula Monroe, Representative Pt4-"el-Al For the NCFFA, IAFF Local 2744: Phil L. Ewert, President David ZietloSpokesperson S hief Mark Gundert, Representative William Reed, Representative TABLE OF CONTENTS PAGE ARTICLE 1 IMPLEMEN TATION 1 ARTICLE 2 WORK WEEK 2 ARTICLE 3 UNIFORM ALLOWANCE 3 ARTICLE 4 OUT -OF -CLASS PAY 4 ARTICLE 5 HOLIDAYS 5 ARTICLE 6 LEAVE ELIGIBILITY 7 ARTICLE 7 ANNUAL VACATION LEAVE 8 ARTICLE 8 MILITARY LEAVE 10 ARTICLE 9 MATERNITY LEAVE 12 ARTICLE 10 COURT LEAVE 13 ARTICLE 11 SICK LEAVE WITH PAY 14 ARTICLE 12 SPECIAL LEAVE WITH PAY 20 ARTICLE 13 COMPENSATION PLAN 21 ARTICLE 14 "Y" RATE 23 ARTICLE 15 FORTY HOUR ASSIGNMENT PAY 24 ARTICLE 16 REVISION OF THE COMPENSATION PLAN 25 ARTICLE 17 OVERTIME 26 ARTICLE 18 LONGEVITY PAY 27 ARTICLE 19 EMPLOYEE I1EALTH INSURANCE 28 ARTICLE 20 EMPLOYEE & DEPENDENT DENTAL INSURANCE 29 ARTICLE 21 EMPLOYEE LIFE INSURANCE 30 ARTICLE 22 DEPENDENTS MEDICAL INSURANCE 31 ARTICLE 23 PUBLIC EMPLOYEES' RETIREMENT SYSTEM 32 ARTICLE 24 SALARIES 33 ARTICLE 25 CALL BACK 35 ARTICLE 26 SHIFT EXCHANGES 36 ARTICLE 27 TRAINING 37 ARTICLE 28 MANNING 38 ARTICLE 29 LONG-TERM DISABILITY INSURANCE PROGRAM 39 ARTICLE 30 MANAGEMENT RIGHTS 40 ARTICLE 31 TERM OF PROVISIONS 41 ARTICLE 32 DEFINITIONS 42 C ARTICLE 1 IMPLEMENTATION This Memorandum constitutes a mutual recommendation to be jointly submitted to the City Council of National City. It is agreed that this Memorandum shall not be binding upon the parties either in whole or in part unless and until: A. The City Council acts, by majority vote, formally to approve and adopt said Memorandum. B. The City Council acts to appropriate the necessary funds required to implement the provisions of this Memorandum which require funding. C. The City Council acts in a timely manner to make the necessary changes in ordinances, resolutions, rules policies and procedures to implement and conform to this agreement. 1 ARTICLE 2 WORK WEEK The City agrees to cooperate with the Firefighter's Local 2744 to retain the fifty-six (56) hour work week for Fire Suppression personnel, and the forty (40) hour work week for Staff personnel. The City agrees to meet and confer with the Firefighter's Local 2744 prior to making adjustments to the twenty-four (24) hour duty shift. A. Fire Suppression - Fifty-six (56) hours shall constitute the normal work week for personnel assigned to this division. The normal shift length for personnel assigned to this division shall be twenty- four (24) hours. The normal platoon change shall occur at 0800 (8:00 a.m.). B. Fire Suppression/Forty Hour Assignment - Not more than five (5) positions from the classification of Firefighter may be assigned to this unit. Individuals assigned to this unit will work either five eight hour days (start time between 0700 and 1000 or four ten hour days (start time between 0630 and 0900). Such assignment shall not normally exceed 12 months, except with the consent of the assigned Firefighter, and approval of the Chief. C. Forty Hour Assignment - Forty (40) hours shall constitute the normal ,work week for personel assigned to this division. The normal work day for personnel assigned to this division shall be eight (8) hours, and begin at 0800 (8:00 a.m.) daily. 2 ( ARTICLE 3 UNIFORM ALLOWANCE Safety equipment prescribed by OS}IA or the City, including turnouts, rubber boots, gloves, helmets, leather boots and pants, will be provided by the City. In addition, the City will provide $200 annually agreement to be applied toward the purchase and utility jacket and non -safety trousers prescribed by requirement to maintain a Class "A" uniform. All safety equipment prescribed by OSHA and article will be considered property of the City and while off -duty except for travel to and from work. 3 for each employee covered by this maintenance of the shirt, belt, the Department. There will be no the City provided pursuant to this may not be worn by the employee C ARTICLE 4 OUT -OF -CLASS PAY This program will provide compensation at the salary range for the classification to which an Out -of -Class assignment has been made. Payment for Out -of -Class assignments will be made at the next higher step within the established range and will provide a minimum of 5% salary increase for each Out -of -Class shift worked. Eligibility requirements for an Out -of -Class assignment are as follows: "To be qualified for the acting position of Captain, a person must be on the current departmental promotional list for the position of Captain. In the event of an expired promotional list for the position of Captain, the men who were on the past promotional list for the position of Captain will be qualified to work in the position of Acting Captain." "To be qualified for the acting position of Engineer, a person must be on the current departmental promotional list for the position of Engineer. In the event of an expired promotional list for the position of Engineer, the men who were on the past promotional list for the position of Engineer will be qualified to work in the position of Acting Engineer." In the event that there are less than three persons on the appropriate eligible list, the Chief may appoint someone who is not on the list if, in his judgment, it would not be in the best interests of effective fire service to appoint person(s) on the list. However, the person selected must meet all departmental requirements for the classification to which he is being temporarily appointed. Unless the employee by- passed voluntarily waives consideration for such acting appointment, he shall be entitled to a written explanation of the reasons for this action. These requirements are not intended to limit the Chief from appointing anyone to an acting capacity or position in extraordinary circumstances. 4 c ARTICLE 5 HOLIDAYS Section 1 As a fringe benefit, eligible employees assigned to the Fire Prevention Bureau shall be entitled, without loss of pay, to the holidays listed below: The following days shall be holidays with full pay: 1. New Year's Day 2. Memorial Day 3. Independence Day 4. Labor Day 5. Thanksgiving Day 6. Day After Thanksgiving 7. Christmas Sectin 2 Appointed and Religious Holidays Every day appointed by the President of the United States or by the Governor of California for a public fast, thanksgiving or holiday, with the exception of Good Friday, shall be honored as an additional Holiday. Employees may request time off to attend religious services or other religious activities on Good Friday or on other recognized religious holidays during the year; such time off shall be charged to the employees' annually accumulated leave or compensating time off. If the employee has no accumulated annual leave or compensating time off, such time off shall be without pay. Section 3 Holidays Occurring on Normal Work Day, During Sick Leave or Annual Leave or on a Weekend In the event an employee in the Fire Prevention Bureau is required to work on a holiday, which holiday falls on the employee's regular day off, hourly compensation shall be based on the overtime rate. If a holiday falls on the employee's regular day off and the employee is not required to work such employee shall be granted equivalent compensatory time off as approved by the department head. When an employee is absent on annual leave, sick leave or compensating time off, a holiday immediately preceding, immediately following,• or wholly within such leave period shall be recorded as holiday and not as a day of leave. 5 ( If a holiday falls on Saturday, the preceding Friday will be observed as a holiday. If the holiday falls on Sunday, the next following Monday will be observed as a holiday. 6 ARTICLE 6 LEAVE ELIGIBILITY AND PROCEDURE Section 1 Leave Categories Eligible employees shall be entitled to holidays and annual vacation, and shall be allowed sick, injury, emergency, and special leave of absence. Section 2 Request for Leave All requests for leaves of absence, whether with or without pay, shall be submitted in writing on prescribed forms, and, except as provided in the case of Compulsory Leave, Court Leave, and Special Meetings, must meet the approval of the appointing authority. Section 3 Leave Approval Except in the case of sick, emergency, or military leave, the time during which any leave of absence shall be taken by an employee shall be designated by the appointing authority, and the request for such leave, signed by the employee and the appointing authority, should be forwarded to the Personnel Office at least one week in advance of the beginning date of the leave requested. Section 4 Leave of Absence - Commencement and Termination Each leave of absence shall be granted for a specific period of time and a specific cause, and if such cause shall cease to exist prior to the expiration of the period for which the leave is granted, such leave shall thereafter be invalid. Section 5 Leave of absence - Failure to Report Leaves of absence shall be indicated on the payroll time sheets submitted to the Director of Finance for checking and certification. Failure of an employee to report at the expiration of leave shall separate the employee from City service and shall be considered, in effect a resignation; provided, however, an appointing authority may cancel such separation if circumstances warrant such cancellation (as determined by the appointing authority). Section 6 Leaves of absence must contain a time certain fortermination of the leave and the reason for granting the leave. A copy of a written order granting a leave of absence must be filed with the appointing authority and the Personnel Department. No post- dated leave of any kind may be granted to any employee in the classified service. 7 ARTICLE 7 ANNUAL VACATION LEAVE Section 1 All employees shall be entitled to annual vacation leave with pay. Section 2 Accrual Rates 1. All Fire Officers working the 56 hour per week Fire Suppression shift shall be governed by the following vacation accrual rates: 1 - 5 years service 6 - 15 years service 16+ years service 12 hours per month 16 hours per month 20 hours per month 2. All Fire Officers working a forty (40) hour per week Fire Suppression shift shall be governed by the following vacation accrual rates: 1 - 5 years service 6 - 15 years service 16+ years service 14.66 hours per month 18.00 hours per month 21.33 hours per month 3. All Fire Officers working the 40 hour per week Fire Prevention Bureau shift shall be governed by the following vacation accrual rates: 1 - 5 years service 6 - 15 years service 16+ years service Section 3 Conversion of Vacation Benefits 10.00 hours per month 13.33 hours per month 16.66 hours per month When an Officer is transferred from one work schedule to another which involves a reduction or increase in the number of hours worked per week, the following method will be used to pro -rate vacation balances. Multiply the number of hours per week of the new work schedule times the -vacation balance, then divide by the number of hours on the current work schedule. This conversion procedure applies to personnel working either the 56 hour suppression shift, the 40 hours suppression shift or the 40 hours Preventional Bureau shift. 1. Example: If an employee in Fire Suppression with a 56 hour per week schedule has a vacation of 200 hours and is transferred to the Fire Prevention Bureau on a 40 hour per week schedule, his vacation balance will be prorated as follows: 40 x 200 = 8,000 divided by 56 = 142.857 hours c 2. Example: If an employee in the Fire Prevention bureau with a 40 hour work week has a vacation balance of 142.857 and is transferred to Fire Suppression with a 56 hour work week, his vacation will be prorated as follows: 56 x 142.857 = 7,999.992 divided by 40 = 200 hours Section 4 Vacation Accumulation Vacation schedules shall be arranged by the department head with particular regard to the needs of the City, and as far as possible, with the wishes of the employee. 1. Vacation shall not be deemed authorized until the employee's eligibility is verified by the Personnel Department. 2. If the requirements of the employee's service are such that the employee cannot take part or all of his annual vacation in a particular calendar year, such vacation shall be taken during the following calendar year. 3. An eligible employee may take earned vacation in any increment of one full shift or more with the consent of the department head and the approval of the City Manager. Section 5 Maximum Vacation Accumulation An eligible employee may accumulate vacation to a maximum of two years earned vacation time. Vacation leave is credited as earned and the amount of vacation leave accumulated shall not exceed 2 year's earnings on the employee's anniversary date. Section 6 Holidays Falling within Vacation Period Except in the case of terminal vacation leave, paid holidays immediately preceding, immediately following, or wholly within the vacation period should not be regarded as part of the vacation. Section 7 Terminal Vacation Pay Upon termination of employment for any cause, an eligible employee shall be entitled to pay in lieu for the number of accumulated vacation days credited to the employee's account under the provisions of this section. All vacation granted upon completion of an employee's last day of work shall be a lump sum payment termed "terminal vacation pay". l c ARTICLE 8 MILITARY LEAVE In addition to the leaves of absence provided in this Article, City Officers or employees who are also members of the armed services or militia or organized reserves of this State or National, shall be entitled to the leaves of absence and the employment rights and privileges provided by the Military and Veterans' Code of the State of California. (1) The term "military service" as used herein shall signify service on active duty with any branch of service above mentioned, as well as training or education under the supervision of the United States preliminary to induction into the military service. (2) The terms "active service" or "active duty" shall include the period during which such officer or employee while in military service is absent from duty on account of sickness, wounds, leave, or other lawful cause. (3) No employee serving under a permanent appointment in the Classified Service shall be subjected by any person directly or indirectly by reason of his absence on military leave to any loss of diminution of vacation, holiday, insurance, pension, retirement, or other privilege or benefit now offered or conferred by law, or be prejudiced by reason of such leave with reference to promotion, continuance in office or employment, re -appointment or re-employment., (4) When military leave is granted to an employee in the Classified Service pursuant to this section, the position held by such employee shall be filled temporarily only during the employee's absence, except in the event of the employee's death while on leave, and said employee shall be entitled to be restored to such position, or to a position of like seniority, status and pay, upon return from such leave, provided the employee is still mentally and physically qualified to perform the duties of such position, and provided said employee makes application for re-employment within ninety days after being relieved from such military service. (5) During absence on military leave, any employee in the Classified Service who has been employed continuously by the City for a period of not less than one year prior to the date upon which such absence begins, shall receive his regular salary for a period not to exceed thirty calendar days in any one fiscal year. 10 ( All services of said employee in the recognized military service shall be counted as employment with the City. 11 ARTICLE 9 MATERNITY LEAVE Employees may utilize earned sick leave and vacation in conjunction with the maternity leave. 12 ARTICLE 10 COURT LEAVE An employee who is required by subpoena or court order to serve as juror, or as a witness who is not a party to a court action, shall be granted leave for such purpose upon presentation or proof of said employee's required attendance- to the appointing authority and the Personnel Officer. The employee shall receive full pay for the time served on court duty during scheduled working hours, provided the money received as a juror or witness on regular duty days is deposited with the Finance Department for credit to the proper fund. Employees shall be reimbursed from witness fees for all incidental expenses incurred, including parking, pursuant to such appearance while on regular duty days. It is the employee's responsibility to notify the department operations officer no later than the beginning of the next work shift that he has received a summons for jury duty or subpoena. 13 ARTICLE 11 SICK LEAVE WITH PAY The intent of this Article is to provide a continuity of full salary to those employees who are unable, because of illness or injury, to perform the duties of their positions or who would expose fellow workers or the public to contagious disease and are thereby forced to be absent from employment, and to provide necessary time off from work for unexpected medical and dental care, subject to administrative regulations designed to prevent malingering or abuse of these privileges. Section 1 Sick Leave Definition Sick leave is the necessary absence from duty of an employee because of: (1) Illness, injury or exposure to a contagious disease suffered by an employee. (2) The serious disability of the employee while on a scheduled vacation. (3) The absence of an employee for authorized medical or dental care. Section 2 Sick Leave Earning and Accumulation (1) Sworn members! of the Fire Department working on a twenty-four hour shift basis shall earn twelve (12) hours of sick leave for each full month of employment. (2) Fire employees working other than a twenty-four (24) hour shift schedule shall earn sick leave at eight (8) hours per full month of service. (3) Accumulated Sick Leave: Each permanent or probationary employee covered by this Memorandum shall, on July 1, 1980, be eligible to accumulate sick leave up to a maximum of 720 hours, (herein called "accumulative sick leave"). Sick leave accrual will be credited on the last day of each month up to the seven hundred twenty (720) hour maximum limitation. (4) Frozen sick leave balance: Employees hired on or before June 30, 1980 and who have an existing sick leave balance on June 30, 1980 in excess of 720 hours, will be "frozen" at their June 30, 1980 sick leave balance levels on July 1, 1980. (Herein called "frozen sick leave balance"). Said frozen sick leave balance will be maintained as a separate account. Example: 14 ( Employee has 1020 hours of sick leave accrual on June 30, 1980. On July 1, 1980 it is distributed as follows: Accumulated Sick Leave Frozen Sick Leave Balance Credit 720 hours 300 Hours (Maximum Accumulation) (5) Upon reaching the maximum accumulated sick leave (720 hours), accrual will resume after the employee's balance falls below 720 hours. Accrual will occur on the last day of the month in which the employee's balance falls below the 720 hour level. Said accrual will occur at the established rate as defined in Sections (1) and (2). Section 3 Sick Leave Usage (1) Employees first utilize accumulated sick leave pursuant to Section 1 herein. Frozen sick leave balance will only be authorized for use after accumulative sick leave credits are exhausted for those employees who have a frozen sick leave balance pursuant to Section 2 (4) herein. (2) Employees using sick leave pursuant to this Article for non -work related illness or injury ;,which has a 30 consecutive day duration shall, upon the 31st consecutive day of illness, utilize provisions of Article 29 herein, Long -Term Disability Insurance. Section 4 Limitation on Time Chargeable to Sick Leave (1) No person shall be entitled to sick leave with pay while absent from duty on account of any of the following causes: (a) Disability arising from any sickness or injury purposely .self- inflicted .or caused by any willful misconduct. (b) Sickness or disability sustained while on leave of absence other than his or her regular vacation. (c) No paid sick leave shall be granted in excess of the employee's sick leave credit. (d) An employee may be granted sick leave with pay only for injury, illness, or exposure to contagious disease which incapacitates the employee for work. 15 l (2) Absence that is chargeable to sick leave in accordance with this Article shall be charged in an amount not smaller than one hour for the first hour of absence; thereafter, in increments of not less than 15 minutes. Section 5 Sick Leave Compensation (1) In order to receive compensation while on sick leave, the employee shall notify; (a) The immediate supervisors or; (b) The department head or; (c) In the event of the unavailability of either, the senior representative available. (2) Notification shall be made prior to or not later than the beginning of the work day/shift in the employee's respective department. (3) The department head may waive the above requirements if, in his opinion, an emergency or other exceptional circumstances so warrants. Computation of sick leave shall not include regular days off or holidays, provided these are not in conflict with the established schedule within each department. Section 6 Physician's Statement Required (1) When absence is for more than three (3) consecutive working days, the department head shall require the employee to furnish a certificate or statement from a regular licensed and practicing physician, at the employee's own expense, whose license will be honored by the County Health Officer, indicating the nature and duration of the employee's incapacity, or other adequate evidence if the employee was not examined by a physician. The appointing authority may require evidence of incapacity in cases of short periods of absence. (2) The department head is responsible for sick leave during the first three days before the filing of a physician's certificate is required. This responsibility may be implemented by a visitation or any other reasonable method deemed necessary by the department head. Sick leave with pay shall be authorized by the department head subject to verification of the employee's eligibility by the Personnel Officer. 16 Section 7 Separation from City Service All eligibility from sick leave with pay shall be cancelled upon separation of the employee from the City service, provided that if such separation is by lay-off, his accumulated eligibility may be restored to him in whole or in part by the Civil Service Commission upon re-employment. Sectin 8 Illness During Vacation Leave An employee who becomes incapacitated for work due to his illness or injury for more than three consecutive calendar days while on paid vacation may substitute sick leave credits for vacation provided the employee's request for sick leave substitution is accompanied by a doctor's statement or other evidence satisfactory. Section 9 Holidays During Sick Leave Paid holidays immediately preceding, immediately following, or wholly within the period for which sick leave is granted shall not be regarded as part of such period of sick leave. Section 10 Sick Leave Payment Upon Retirement An employee hired on or before June 30, 1980, shall, upon formal retirement from the City under the Public Employees' Retirement System, be paid for each day of unused sick leave or fraction thereof which has accrued to his credit up to and including his last day of work but not to exceed 360 hours. An employee hired on or after July 1, 1980 shall not be eligible for sick leave payment upon retirement. For employees hired on or before June 30, 1980, sick leave payoff upon retirement shall be computed as follows: 1. Frozen sick leave balance upon date of retirement. 2. Accumulative sick leave balances upon retirement. Equals 3. Sick leave payoff. 4. However, in no event shall the payoff exceed 360 hours. Section 11 Sick Leave Reporting for Payroll Purposes Reports of absences of employees must be made to the City Manager at the same time the department head files his payroll report. The department head who fails to report the absence of an employee from duty and thus enables the employee to receive pay in excess of the amount to which he is legally entitled shall be held liable for the amount illegally paid. 17 Section 12 Evidence of Cause of Absence In all cases of absence because of sickness or injury of the employee or illness or death in the employee's family, the employee may be required_ to furnish to the appointing authority satisfactory evidence substantiating the facts justifying such leave. Failure to furnish such evidence upon request shall be sufficient reason for denying the leave of absence with pay. Section 13 Sick Leave Incentive Pay (a) 56 Hour Work Week Sworn members of the Fire Department working on a twenty-four hour shift basis using 48 hours of sick leave or less may convert twenty-five percent (259%) of their remaining yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. Pay shall be computed based on the following' schedule and all computations shall be rounded to the nearest whole hour: REMAINING ACCUMULATIVE SICK LEAVE AT END OF FISCAL YEAR PAY INCENTIVE 25% 56 HOUR WORKWEEK 56 HOUR WORKWEEK 144 Hours 36 Hours 132 Hours 33 Hours 120 Hours 30 Hours 108 Hours 27 Hours 96 Hours No payoff (Example: Employee has 122 hours remaining sick leave; therefore, 122 hours x .25 = 30.5 hours = 31 hours of Pay). (b) 40 Hour Work Week Sworn members of the Fire Department working other than a twenty- four (24) hour shift schedule earn sick leave at the rate of eight (8) hours per full month of service. Persons in this work assignment, using thirty-two hours or less, during the fiscal year, may convert twenty-five (25%) percent of their remaining yearly sick leave to pay. Remaining yearly sick leave not converted to pay shall be carried over and accumulated for use when needed. 18 r Pay shall be computed based on the following schedule, and all computations shall be rounded to the nearest whole hour: REMAINING ACCUMULATIVE SICK LEAVE AT END OF FISCAL YEAR 40 Hour Workweek ` 96 Hours 88 Hours 80 Hours 72 Hours 64 Hours Less than 64 Hours PAY INCENTIVE 25% 40 Hour Workweek 24 Hours 22 Hours 20 Hours 18 Hours 16 Hours No Payoff (Example: Employee has 86 hours remaining yearly sick leave, therefore, 86 hours x .25 = 21.5 = 22 hours of pay). (c) Paid sick leave hours shall be subtracted from the employee's accumulative yearly sick leave balance. The remaining sick leave hours shall be carried over and accumulated per Section 2 (3) herein. (Example: 40 hour week employee uses 4 days sick leave. He then receives pay for 25°6 of remaining days, or 2 days. The 2 days are subtracted froth his remaining yearly sick leave and the other 6 days are added to the employee's total accumulative sick leave balance). (d) Payment will be made during the month of July each year. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. (e) Payment will be made to an employee hired during the fiscal year on a prorated basis provided he is on the payroll June 30. Permanent employees who retire during the •fiscal year will be compensated on a prorated basis subject to their formal retirement date. Payment will not be made to an employee who terminates during the fiscal year. 19 ARTICLE 12 SPECIAL LEAVE WITH PAY Section 1 Intent The intent of this Article is to allow the limited use of sick leave credits by an employee who is confronted with serious emergency illness, injury, or death in said employee's immediate family. (1) An employee who is eligible for sick leave with pay may be granted special emergency leave with pay by the appointing authority, to be charged against the employee's sick leave eligibility. Section 2 Special Leave Defined Special leave is defined as anything that cannot be anticipated or planned necessitating absence from duty of an employee because of emergency illness of a member of the immediate family requiring the attendance of the employee upon said family member until professional or other attendance can be obtained, or the absence from duty of an employee because of the death of a member of the employee's immediate family. Immediate family is defined as those relatives living in the employee's household, parents of employee, children of employee not living in household, and parents of employee's spouse in the event of -death. Sectin 3 Limitation Special leave with pay granted pursuant to this Article shall be limited to a maximum six (6) work days annually and three (3) days per occurrence. Special leave may be granted only upon the approval of the Fire Chief or his authorized designee. 20 ARTICLE 13 COMPENSATION PLAN Section 1 Salary Advancement The compensation Plan of the City of National City has the following characteristics: (1) The Salary range for Firefighter consists of seven steps, the ranges for other classifications consist of five steps each ("A" through "E"). (2) The increase from one step to the next step on each salary range is as indicated in the Salary Schedule. Salary advancement for each employee shall not be automatic, but shall depend upon the increased value of an employee to the City, as reflected by the recommendations of the employee's supervisor and department head, and all other pertinent evidence. The success of the Compensation Plan depends upon incentives which will encourage employees to put forth increasing efforts as they advance through the salary steps of the salary range. Section 2 Salary Steps The steps of the salary range shall be interpreted and applied as follows: the second, third, fourth, fifth, sixth and seventh salary steps are incentive adjustments to encourage an employee to continue to improve his work: (1) The first salary step is the minimum rate and will normally be the hiring rate. appointment may be made to other than the normal entering salary step upon the recommendation of the department head and upon the approval of the City Manager, when it is decided that such action is in the best interests of the City. The first step of salary range will be approximately 10% less than "A" step. (2) The second salary step: Six (6) months of satisfactory service normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. The second step of the salary range will be approximately 5% less than "A" step. (3) The third salary step - "A" step: Six (6) months of satisfactory service at the second salary step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended- by the department head and if approved by the City Manager. 21 (4) The fourth salary step - "B" step: Six (6) months of satisfactory service at the third salary step normally shall make an employee eligible for consideration for this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. (5) The fifth salary step - "C" step: Twelve (12) months of satisfactory service at the fourth step normally shall make an employee eligible for consideration of this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. (6) The sixth salary step - "D" step: Twelve (12) months of Satisfactory service at the fifth step normally shall make an employee eligible for consideration of this salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. (7) The seventh salary step - "E" step: Twelve (12) months of Satisfactory service at the sixth step normally shall make an employee eligible for consideration of the salary advancement. This salary advancement shall be made only if recommended by the department head and if approved by the City Manager. Persons employed or promoted prior to 7/1/82 shall require six (6) months of satisfactory service to be eligible for consideration of this salary advancement. All rates shown, and conditions set forth herein, are in full payment for service rendered and are intended to cover full payment for the number of hours now regularly worked in each class. Each promotion shall carry with it a salary increase and the procedure covering the normal minimum hiring rate shall not necessarily apply. The provisions of this Article are based upon the salary schedules adopted by the City council. 22 ARTICLE 14 "Y" RATE Step "Y" of the salary range for any class is hereby defined as any rate of pay in excess of Step "E" of the range for the class. An employee shall 'be paid at Step "Y" solely under one of the following two conditions: (a) Upon the reduction of the maximum salary rate for a class, an employee having other than provisional status who immediately prior to such time was paid at a higher rate for such class than the new maximum rate shall, in the absence of any contrary orders by the City Council for economy reasons, continue to be paid at the former rate. (b) Any employee who is reclassified from a class in which said employee has acquired permanent status to a class with a lower maximum rate of pay may, at the discretion of the City Manager, continue to receive the same rate of pay or may have said salary reduced. In the event of an increase in the salary rate applicable to a class, regardless of the method by which such increase is accomplished, any employee who immediately prior thereto has been paid at Step "Y" shall receive no increase unless the increased salary for employees at Step "E" for the class exceeds the -salary already being paid to said employee in which case the employee shall be paid at Step "E". 23 ARTICLE 15 FORTY -HOUR ASSIGNMENT PAY Those employees classified as: 1. Fire Fighter; or 2. Fire Engineer; or 3. Fire Captain and assigned to a forty -hour assignment, shall receive a five percent (5%) pay differential for the duration of said assignment. 24 ARTICLE 16 In the absence the following employee shall salary for said (a) (b) REVISION OF THE COMPENSATION PLAN of any contrary orders by the City Council for reasons of economy, method shall be observed in determining the step at which each be paid beginning the effective date of a change of the maximum employees' class or position: If the maximum salary is raised, the step at which the employee will be paid shall not be affected thereby. If the maximum salary is lowered, the employee shall be paid at the rate in the new range which is the same as the rate at which he was paid in the former range. If the maximum rate of the new range is lower than the employee's salary in the former range, the employee may, pursuant to Article 14, be paid at the "Y" rate. 25 t ARTICLE 17 OVERTIME (1) The smallest unit of time credited as overtime shall be one quarter hour. (2) Overtime worked that is less than one quarter hour shall be rounded - off to the nearest quarter-hour each pay period. (3) Overtime credit must be for work specifically suffered, ordered or approved by the appointing authority or a designated representative. (4) If compensatory time off cannot be granted, within the established work period, paid compensation shall be granted in lieu thereof at 1- 1/2 times the employee's regular salary rate. (5) When an overtime position to meet minimum manning standards as provided in Article 28 herein is filled, it shall be a person of equal rank, if possible. 26 ARTICLE 18 LONGEVITY PAY In addition to other compensation paid for the services of employees, longevity pay for continuous and uninterrupted service shall be continued at the same level for those employees receiving it on June 30, 1984. No employees not receiving longevity pay as of that date will be eligible to receive it in the future; no employee currently receiving it, will be eligible for increases in longevity pay. Current levels of longevity pay are: (a) After five years of continuous and uninterrupted service the sum of $10.00 per month; (b) After ten years of continuous and uninterrupted service the sum of $15.00 per month; (c) After fifteen years of continuous and uninterrupted service the sum of $20.00 per month; (d) After twenty years of continuous and uninterrupted service the sum of $25.00 per month; (e) After twenty-five years of continuous and uninterrupted service the sum of $30.00 per month, which shall be the maximum payable. Vacations, sick leave, military leave and absence authorized by the City Council of National City shall not be considered as interruption of service. In the event an officer or employee ceases to be employed by National City for a reason other than military service or lay-off, all rights to longevity pay shall be forfeited and expire, and ifsaid officer or employee is subsequently re-employed by the City, said employee or officer shall not be entitled to any longevity pay by reason of any prior employment 27 ARTICLE 19 EMPLOYEE HEALTH INSURANCE As a benefit to full time employees covered by this Memorandum of Understanding, the City will provide a group health insurance program. The benefits and limitations of the program are to be designed cooperatively by the Employees' Association, Insurance Carrier and the City. The City will provide up to $ 80.72 per month, per employee to provide this benefit. In the event the cost of providing employee health insurance exceeds the established City contribution, the employee must pay the excess amount. In addition to the group health insurance program, the City will provide comprehensive prepaid medical coverage (similar to that provided by the Kaiser Foundation Health Plan, Inc.). The City's contribution towards providing this plan as an alternate to the base plan will not exceed $ 80.72 per month per employee. 28 ARTICLE 20 EMPLOYEE AND DEPENDENT DENTAL INSURANCE As a benefit to full time employees covered by this Memorandum of Understanding, the City will provide a group dental insurance plan. This program- will be available for the employee and all dependents. The benefits and limitations of the Dental Insurance Program are to be designed cooperatively by the Employees' Association, Insurance Carrier, and the City. The City will provide up to $ 14.02 per month, per employee, to provide ..this benefit. In the event the cost of providing Employee and Dependent Dental .Insurance exceeds the established City contribution, the employee must pay the excess amount. 29 ARTICLE 21 EMPLOYEE LIFE INSURANCE As a benefit to full time employees covered by this Memorandum of Understanding, the City will provide a group life insurance program. The benefits and limitations of the Dental Insurance Program are to be designed cooperatively by the Employees' Association, Insurance Carrier, and the City. The City will provide up to $ 3.90 per month, per employee, to provide this benefit. In the event the cost of providing Employee Life Insurance exceeds the established City contribution, the employee must pay the excess amount. 30 ARTICLE 22 DEPENDENTS MEDICAL INSURANCE As a benefit to full time employees covered by this Memorandum of Understanding, the City will provide a dependent group insurance plan. These benefits and limitations of the Dependents Medical Insurance program will be designed cooperatively by the Employees' Association, Insurance Carrier, and the City. The City will provide up to $110.59 per month, per employee, to provide this benefit. In the event the cost of providing Dependents Medical Insurance exceeds the established City contribution, the =employee must pay the excess amount. An employee may select to receive an amount equivalent to the City's contribution in cash in lieu of Dependent Insurance. 31 ARTICLE 23 PUBLIC EMPLOYEES' RETIREMENT SYSTEM Section 1 Consistent with the Government Code of the State of California, employees are local safety members of the Public Employees' Retirement System and are entitled to optional benefits as indicated in the July 16, 1983, amendment to contract between the Board of Administration of PERS and the City Council. Section 2 In addition to the benefits indicated in Section 1 above, effective January 1, 1985, subject to approval by employee election as required under rules of the Public Employees' Retirement System, employees will receive the benefits of Section 21252.01 of the State Retirement Law "2% at 50 Full Formula". As required by PERS, the employee's retirement contribution rate will become 9% on January 1, 1985, subject to the provisions of Section 3 below. Section 3 The City shall contribute the;. first six and one-half per cent (6.5%) of the employee's retirement contribution to the Public Employees' Retirement System. 32 SALARY SCHEDULE FIRE .DEPARTMENT EFFECTIVE JULY 1, 1987 RANGE POSITION STEP A 111 Firefighter Class II 40 hr. wk. • 56 hr. wk. Semi-monthly Monthly Annual 116 Firefighter Class I 40 hr. wk. 56 hr. wk. Semi-monthly Monthly Annual 121 Firefighter 40 hr. wk. 56 hr. wk. Semi-monthly Monthly Annual 130 Fire Engineer 40 hr. wk. 56 hr. wk. Semi-monthly Monthly Annual 140 Fire Captain 40 hr. wk. 56 hr. wk. Semi-monthly Monthly Annual $10.52 7.52 912.00 1824.00 21,888.00 $10.05 7.18 870.58 1741.16 20,894.00 $11.05 7.90 958.04 1916.08 22,993.00 $12.29 8.78 1065.50 2131.00 25,572.00 $14.32 10.23 1240.67 2481.34 29,776.00 STEP B STEP C STEP D STEP E $11.05 $11.60 $12.18 7.89 8.29 8.70 957.58 1005.46 1055.75 1915.16 2010.92 2111.50 22,982.00 24,131.00 25,338.00 $10.55 $11.08 $11.63 7.53 7.91 8.31 914.13 959.83 1007.83 1828.26 1919.66 2015.66 21,939.00 23,036.00 24,188.00 $11.61 $12.19 $12.80 8.29 8.71 9.14 1005.96 1056.25 1109.08 2011.92 2112.50 2218.16 24,143.00 25,350.00 26,618.00 $12.91 9.22 1118.79 2237.58 26,851.00 $15.03 10.74 1302.71 2605.42 31,265.00 34 $13.55 9.68 1174.75 2349.50 28,194.00 $15.78 11.27 1367.83 2735.66 32,828.00 $14.23 10.17 1233.50 2467.00 29,604.00 $16.57 11.84 1436.21 2872.42 34,469.00 $12.79 9.14 1108.54 2217.08 26,605.00 $12.21 8.72 1058.21 2116.42 25,397.00 $13.44 9.60 1164.54 2329.08 27,949.00 $14.94 10.67 1295.17 2590.34 31,084.00 $17.40 12.43 1508.00 3016.00 36,192.00 ARTICLE 25 All employees from off -duty pay rate. ( CALL BACK covered by the terms of the Agreement who are called back to work shall be paid for not less than two (2) hours at 1-1/2 times the basic 35 ARTICLE 26 SHIFT EXCHANGES The City agrees that employees shall have the right to exchange, subject to prior approval of the Chief or his authorized designee, duty shifts when the changes do not interfere with the operation of the Fire Department. The Association agrees that shift exchanges shall in no way become subject to overtime pay. (1) The Chief's authorized designee may be one shift Captain from the requesting individual and one shift Captain from the receiving man involved in the shift exchange. The Chief may change his designee at any time. (2) Shift exchanges may be for a minimum of one hour to a maximum of 24 hours for any one request. (3) A man may work more than 24 hours straight and not more than 48 hours at any one request, except by approval of the Chief. 36 ARTICLE 27 TRAINING Section 1 EMT Training - The City will determine if EMTFS certification is required for all classifications covered by this agreement. If the EMTFS requirement is maintained all training and recertification will be provided on City time (during regularly scheduled work hours). In the event that EMTFS is not required by the City, any requirement to obtain or maintain EMTFS certification described in the class specifications for Firefighter, Fire Engineer, and Fire Captain will be deleted. Section 2 The Educational Expenses Reimbursement Plan is available to employees who wish to improve their work performance through furthering their education. The plan provides reimbursement for up to 12 units per fiscal year and is open to all employees who meet the following criteria: 1. Successful completion of probation. 2. A proposed course of instruction related to the employee's employment with the City. The City Manager or his designate has the final authority on determining whether a course is job related. Request must be submitted in writing on appropriate department form according to established procedures. 3. The reimbursement may be used to cover the costs of tuition, and books at a local community college. 4. The course must be passed with a grade of "C" or better. pass/fail basis, employee must pass course(s) taken. registration If taken on 5. The employee must show written documentation of the expenditures being claimed for reimbursement Reimbursement under this Plan will be made upon completion of the coursework as per part 2, above. 37 ( ARTICLE 28 MANNING The City agrees to the following manning level during the term of the Agreement: Section 1 • The City shall have not less than two three man engine companies on duty at all times. Section 2 Each three man engine company shall be manned in the following manner - one rated Fire Captain, one rated Fire Engineer and one rated Firefighter. Section 3 The City shall be obligated to man each required engine company with rated personnel at all times. Circumstances in which non -rated personnel are used shall be governed by Article 4 Out -of -Class pay. Inability to provide non -rated personnel may be permitted in circumstances out of the Department's control, such as lack of rated manpower due to employee initiated absences which are unplanned such as sick leave, special leave, off -the -job incurred injury, or other acts of God. Section 4 In the event a Captain is on vacation, an attempt will be made to fill the vacancy with a rated Captain. 38 ARTICLE 29 LONG-TERM DISABILITY INSURANCE PROGRAM It is the intent of this Article to provide for sick leave coverage to employees who are on sick leave for 30 consecutive days or more. It is further the intent of this section to reduce City costs incurred when an employee is placed in a temporary, non -work related illness, injury or disability and, at the same time, provides a reasonable amount of support and security for the employee: (a) The City shall provide up to $26.90 per represented employee per month for a Long -Term Disability Insurance Plan (LTD). Said plan to be developed and procured by the Firefighters' Association. The City will make monthly payment to either the Association or insurance carrier as requested by the Association. The Association shall provide a copy of the plan to the Personnel Office within thirty days of the approval of this MOU. (b) The Long -Term Disability Insurance Plan shall become effective on the 31st consecutive day of employee's sick leave. The employee's salary/wages will terminate on said 31st day of sick leave to be replaced by provisions and benefits of the LTD insurance plan. The City will continue to provide employee and dependent health, life, and dental insurance coverage for the employee per Articles 19, 20, 21, and 22 during the period he/she is under the LTD Plan. (c) Upon entering the 31st day of sick leave, the employee shall be placed on leave -without -pay status. (d) The total leave of absence without pay shall not exceed 360 calendar days each occurence without written approval of the Fire Chief and City Manager. (e) Nothing contained in this Article shall restrain or restrict the City from utilizing provisions of Article 11, Sections 4, 5, 6, or 12. 39 C C ARTICLE 30 MANAGEMENT RIGHTS Except --and only to the extent —that specific provisions of this Agreement expressly provide otherwise, it is hereby mutually agreed that the City has and will continue to retain, regardless of the frequency of exercise, rights to operate and manage its affairs in each and every respect. The rights reserved to the sole discretion of the City shall include, but not be limited to the right: to determine the mission of its constituent departments, commissions, boards; set standards of service; determine the procedures and standards of selection for employment and promotions; direct its employees; establish and enforce dress standards; determine the methods and means to relieve its employees from duty because of lack of work or other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine style and/or types of City -issued wearing apparel, equipment or technology to be used; determine and/or change the facilities, methods technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted; determine and change the number of locations, relocations and types of operations, processes and materials to be used in carrying out all City functions including the right to contract for or subcontract any work or operations of the City; to assign work to and schedule employees in accordance with requirements as determined by the City and to establish and change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; suspend, demote, reprimand, withhold salary inreases and benefits, or otherwise discipline employees for legal cause; establish reasonable employee performance standards including, but not limited to, quality, and quantity; standards; and to require compliance therewith; take all necessary actions to carry out its mission in emergencies; and exercise control and discretion over its organization and the technology of performing its work. 40 ARTICLE 31 TERM OF PROVISIONS The provisions of this memorandum of understanding shall be effective and binding subject to approval of the National City Firefighters' Association and the City Council for the period of time from July 1, 1987 through June 30, 1988. 41 ARTICLE 32 DEFINITIONS COMPENSATION PLAN - Shall mean the official schedule of pay approved by the City Council assigning one or more rates of pay to each class title. COMPENSATORY LEAVE - Shall mean time off from work in lieu of monetary payment for overtime worked. CONTINUOUS SERVICE - Shall mean employment in the City service uninterrupted by separation, and applies to the time a person has been employed on a permanent basis, or to the continuation of employment from temporary to a permanent appointment, without any break in service. DEMOTION - Shall mean the appointment of an employee holding a position in one class to a position in another class having a lower maximum salary rate, or to a lower step within the same class. DEPARTMENT - Shall mean an administrative branch including a group of employees under the immediate charge of a chief executive officer of a department of the City government, which latter officer shall be known as the department head. EMPLOYEE - Shall mean a''person who is legally an incumbent of a position in the Classified Service or who is an authorized leave of absence from such a position with the right to return to his position. Employee shall include OFFICER. IMMEDIATE FAMILY - Except as provided in Article 12, Section 2, immediate family shall include the husband, wife, mother and father of both husband and wife, son, daughter, brother and sister of the employee, or any relative by blood or marriage residing in the same household. INTERIM APPOINTMENT - Shall mean a short term appointment made from an eligible list. LAY-OFF - Shall mean the involuntary, nondisciplinary separation of an employee from a position resulting from lack of work, lack of funds, or abolishment of a position. LEAVE - Shall mean an approved type of absence from work as provided for by these Rules. PERMANENT EMPLOYEE - Shall mean an employee who has been appointed to a permanent position. A permanent employee may be serving a probationary period. PERMANENT POSITION - Shall mean a specific office or -.classification, whether occupied or vacant, carrying responsibilities and calling for the performance of certain duties by one individual. This position shall be included in the Classified Service and may be either on a part-time or full-time basis. 42 C PERMANENT STATUS - Shall mean the satisfactory completion of one year of probationary service and continuing permanent appointment. PERSONNEL OFFICER - Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil Service Commission, to administer the activities of the Personnel Department and to exercise general supervision over the employment policy of the City subject to the direction of the Commission. POSITION - Shall mean any specific officer or classification whether occupied or vacant, carrying certain responsibilities and calling for the performance of certain duties by one individual, either on a full-time basis or part-time basis. PROBATIONARY PERIOD - Shall mean the working test period during which an employee is required to demonstrate his fitness by the actual performance of the duties and responsibilities of his position and during which time he may be terminated without right of appeal to the Civil Service Commission. PROBATIONARY STATUS - Shall mean service in a permanent position prior to completion of the prescribed period of probationary service. PROBATIONER - Shall be an employee in the Classified Service who is serving a probationary period. PROVISIONAL APPOINTMENT - Shall mean the temporary appointment of a person who possess the minimum qualifications established for a particular class and who has been appointed to a position in the class in the absence of available eligibles; any non -permanent appointment, other than seasonal, part-time or emergency appointment, which is not made from a re-remployment list or an eligible list. SALARY RANGE - Shall mean one or more, but commonly 5 specific pay rates having a percentage relationship to one another, assigned to a class of positions as the compensation for the class. SALARY RATE - Shall mean a specific dollar amount, expressed as rate, a monthly rate, a semi-monthly rate, a bi-weekly rate, or an shown in the compensation plan of the City. SALARY STEP - Shall mean the location of a salary rate within identified by a letter of the alphabet. either an annual hourly rate, as a salary range, as TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position of a non -permanent nature on provisional basis. WORK DAY - Shall mean an eight hour period as a normal work period. 43 WORKSHIFT - Shall mean twenty-four (24) hour period as normal work period. 44 ARTICLE 24 SALARIES This memorandum of understanding provides for a one year salary agreement between the parties for the period July 1, 1987 - June 30, 1988. Effective July 1, 1987, the following increases: Firefighter: Nine and six -tenths per cent (9.6%) Fire Engineer: Nine and eight -tenths per cent (9.8%) Fire Captain: Fourteen and eight -tenths per cent (14.8%) 33