Loading...
HomeMy WebLinkAboutCC RESO 13,398RESOLUTION NO. 13,398 RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE NATIONAL CITY FIREFIGHTERS ASSOCIATION FOR A TWO-YEAR PERIOD JULY 15, 1480-JUNE 30, 1982 WHEREAS, the City of National City and the National City Firefighters Association have met and conferred in good faith on matters concerning wages, hours, and working conditions pursuant to the California Government Code, Section 3500 et seq. as amended, and • WHEREAS, the National City Firefighters Association did, on July 14, 1980, ratify and approve a Memorandum of Understanding covering the period July 15, 1980 through June 30, 1982, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Memorandum of Understanding with the National City Firefighters Association is hereby approved and the City Manager is authorized to execute said agreement on behalf of the city. A copy of said agreement is attached hereto and by reference is made a part hereof as though fully set forth in full. PASSED AND ADOPTED this 15th day of July, 1980. ATTEST: MEMORANDUM OF UNDERSTANDING National City Firefighters' Association and City of National City, California July 15, 1980 - June 30, 1982 TABLE OF CONTENTS PAGE NO. SIGNATURE PAGE 1 ARTICLE 1 IMPLEMENTATION 2 ARTICLE 2 WORK WEEK 3 ARTICLE 3 UNIFORM ALLOWANCE 4 ARTICLE 4 OUT -OF -CLASS PAY 5 ARTICLE 5 HOLIDAYS 6 - 7 ARTICLE 6 LEAVE ELIGIBILITY AND PROCEDURE 8 ARTICLE 7 ANNUAL VACATION LEAVE 9 - 10 ARTICLE 8 MILITARY LEAVE 11 ARTICLE 9 MATERNITY LEAVE 12 ARTICLE 10 COURT LEAVE 13 ARTICLE 11 SICK LEAVE WITH PAY 14 - 19 ARTICLE 12 SPECIAL LEAVE WITH PAY : 20 ARTICLE 13 COMPENSATION PLAN 21 - 22 ARTICLE 14 "Y" RATE 23 ARTICLE 15 FIRE PREVENTION BUREAU PAY 24 ARTICLE 16 REVISION OF THE COMPENSATION PLAN 25 ARTICLE 17 OVERTIME 26 ARTICLE 18 LONGEVITY PAY 27 ARTICLE 19 EMPLOYEE HEALTH INSURANCE 28 ARTICLE 20 EMPLOYEE AND DEPENDENT DENTAL INSURANCE 29 ARTICLE 21 EMPLOYEE LIFE INSURANCE 30 ARTICLE 22 DEPENDENTS MEDICAL INSURANCE 31 ARTICLE 23 PUBLIC EMPLOYEE RETIREMENT SYSTEM 32 ARTICLE 24 SALARIES 33 ARTICLE 25 CALL BACK 34 i PAGE NO. ARTICLE 26 SHIFT EXCHANGES 35 ARTICLE 27 TRAINING 36 ARTICLE 28 MANNING 37 ARTICLE 29 LONG-TERM DISABILITY INSURANCE PROGRAM 38 ARTICLE 30 MANAGEMENT RIGHTS 39 ARTICLE 31 DEFINITIONS 40 - 41 1i MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDI- TIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE FIREFIGHTERS' ASSOCIATION FOR THE FOLLOWING PERIOD OF TIME (July 15, 1980 - June 30, 1982) WHEREAS, the representatives of the City Manager of the City of National City, acting for and on behalf of the City Council of the City of National City, have heretofore met and conferred with the 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; WHEREAS, 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 repre- sented by the Firefighters' Association; and said representatives prepare a Written Memorandum of Understanding concerning said agreed terms and conditions of employment for presentation to the City Council of the City of National City for determination, to wit: In the event the City recognizes the affiliation of the Firefighters' Association with National City Firefighters' Local Union No. 2744, it is understood and agreed that all references to Firefighters' Association in this Agreementshall be interpreted to mean Firefighters' Local Union No. 2744. Tom G. c be City Manager 4104011%./ Ronald L. Ballard, Assistant City Manager Ratified by City Council July 15, 1980 by Resolution No. 13 viq Andrew Bekech President, Firefighters' Association ndy Kimble Chairman, Negotiation Committee 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 ina timely manner to make the necessary changes in ordinances, resolutions, rules, policies and procedures to implement and conform to this agreement. 9 ARTICLE 2 WORK WEEK The City agrees to cooperate with the Firefighters' Association to retain the fifty-six (56) hour work week for Fire Suppression personnel, and the forty (40) hour work week for Fire Prevention personnel. The City, agrees to meet and confer with the Firefighters' Association 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.) daily. (b) Fire Prevention — Forty (40) hours shall constitute the normal work week for personnel 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. ARTICLE 3 UNIFORM ALLOWANCE Safety equipment prescribed by OSHA or the City, including turnouts, rubber boots, gloves, helmets, leather boots and pants, will be pro- vided by the City. In addition, the City will provide $35.00 annually for each employee covered by this agreement to be applied toward the purchase and main- tenance of the shirt, belt and utility jacket prescribed by the Department. There will be no requirement to maintain a Class "A" uniform. All safety equipment prescribed by OSHA and the City provided pursuant to this article will be considered property of the City and may not be worn by the employee while off -duty except for travel to and from work.. 4 '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". These requirements are not intended to limit the Chief from appointing anyone to an acting capacity or position in extraordinary circumstances. 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: A. The following days shall be holidays with full pay: 1. New Year's Day 2. Lincoln's Birthday 3. Washington's Birthday 4. Memorial Day 5. Independence Day 6. Labor Day 7. Admission Day 8. Columbus Day 9. Veteran's Day 10. Thanksgiving Day 11. Christmas Day B. Floating Holidays: 1. Lincoln's Birthday 2. Washington's Birthday 3. Admission Day 4. Columbus Day 5. Veteran's Day The floating holidays shall be used by the employee at the employee's dis- cretion, with the approval of the department head, as a holiday, and shall be used within the fiscal year earned. Fire Prevention Personnel return- ing to Fire Suppression will be permitted to convert accumulated Floating Holiday time to Vacation time on a prorated basis and must utilize all time converted within the fiscal year earned. Section 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 accumulatedannual 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 non -floating holiday, which holiday falls on the employee's regular day off, hourly compensation shall be based on the overtime rate. If a non -floating 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 a holiday and not as a day of leave. 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. 7 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 leaves of absence. Section 2 Requests 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 desig- nated 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; pro- vided, 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 for termination 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. 8 ARTICLE 7 ANNUAL VACATION LEAVE Section 1 A11 employees shall be entitled to annual vacation leave with pay follow- ing the completion of one full year's probationary service with the City. Section 2 Accrual Rates 1. All Fire Officers working the established Fire Suppression Shift shall be governed by the following vacation accrual rates: 1 through 5 years service 6 through 15 years service Over 15 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 schedule shall be governed by the following vacation accrual rates. 1 through 5 years service 5 through 15 years service. Over 15 years service 6.67 hours per month 10.00 hours per month 13.33 hours per month Section 3 Conversion of Vacation Benefits 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. Multi- ply 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. 1. Example: If an employee in Fire Suppression with a 56 hour per week schedule has a vacation balance of 200 hours and is transferred to the Fire Prevention Bureau on a 40 hour per week schedule, his vaca- tion balance will be prorated as follows: 40 x 200 = 8,000 ` 56 = 142.857 hours 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 . 40 = 200 hours Section 4 Vacation Accumulation Vacation schedules shall be arranged by the department head with particu- lar regard to the needs of the City and, as far as possible, with the wishes of the employee. 9 1'. Vacation shall not be deemed authorized until the employee's eligibility is verified by the Personnel Officer. 2. If the requirements of the employee's services are such that the employee cannot take part or all of his annual vacation in a particu- lar calendar year, such vacation shall be taken during., the following calendar. year. 3. An eligible employee may take earned vacation in any increment of four (4) hours 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 shall not be regarded as part of the vacation. Section 7 Terminal Vacation Pay Upon termination of employment for any cause, an eligible employee who has completed at least one year of active service 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". 10 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 Nation, shall be entitled to the leaves of absence and the employment rights and priv- ileges 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 or 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 Classi- fied 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 pro- vided 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 Classi- fied 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. 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 in conjunction with maternity leave. 12 ARTICLE 10 COURT LEAVE An employee who is required by court order to serve as a juror, or as a witness who is not a party to a court action, shall be granted leave for such purpose upon presentation of proof of the period of said em- ployee's required attendance to the appointing authority and the Per- sonnel Officer. The employee shall receive full pay for the time served on court duty, provided the money received as a juror or witness is deposited with the Finance Department for credit to the proper fund. Request for such leave shall be made upon leave of absence forms. 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 un- expected 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 maxi- mum 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: Employee has 1020 hours of sick leave accrual on June 30, 1980. On July 1, 1980 it is distributed as follows: 14 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 employees' balance falls below the 720 hour level. Said accrual will occur at the established rate as defined in Section 2 (1) and (2). Section 3 Sick Leave Usage (1) Employees shall 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 absence, 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 dis- ease which incapacitates the employee for work. (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 in- crements of not less than 15 minutes. 15 Section 5 Sick Leave Compensation (1) In order to receive compensation while on sick leave, the em- ployee 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 incapac- ity, 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 certifi- cate 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 author- ized by the department head subject to verification of the employee's eligibility by the Personnel Officer. 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. 16 Section 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 retire- ment 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. 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. 17 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 (25%) 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 56 Hour Workweek 144 Hours 132 Hours 12.0 Hours 108 Hours 96 Hours Less than 96 Hours PAY INCENTIVE 25% 56 Hour Workweek 36 Hours 33 Hours 30 Hours 27 Hours 24 Hours No Payoff (Example: Employee has 122 hours remaining yearly 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 percent (25%) 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% 40 Hour Workweek 40 Hour. Workweek 96 Hours 88 Hours 80 Hours 72 Hours 64 Hours Less. Than 64 Hours 24 Hours 22 Hours 20 Hours 18 Hours 16 Hours No Payoff 18 (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% of remaining days, or 2 days. The 2 days are subtracted from 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 retire- ment date. Payment will not be made to an employee who termin- ates 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. (2) The special leave is granted to enable the employee to care for immediate family members who are i11 and require attendance or to enable the employee to discharge the customary obligations arising from a death in the immediate family. 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 emer- gency illness of a member of the immediate family requiring the attend- ance 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 employees' household, parents of employee, children of employee not living in household, and parents of employee's spouse in the event of death. Section 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) Each salary range consists of seven steps. (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 in- centive 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 the salary range will be 10% less than "A" step. (2) The second salary step: Six (6) months of satisfactory service normally shall make an employee eligible for con- sideration for this salary advancement. This salary advance- ment 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 50 less than "A"step. (3) The third salary step - "A" step: Six (6) months of satis- factory service at the second salary step normally shall make an employee eligible for. consideration for this salary advance- ment. This salary advancement shall be made only if recom- mended by the department head and if approved by the City Manager. (4) The fourth salary step - "B" step: Six (6) monthsof satis- factory service at the third salary step noiivally shall make an employee eligible for consideration for this salary advance- ment. This salary advancement shall be made only if recom- mended by the department head and if approved by the City Manager. 21 (5) The fifth salary step "C" step: Six (6) 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: Six (6) months of satisfactory service at the fifth step normally shall make an employee eligible for consideration of this salary advance- ment.. This salary advancement shall be made only if recom- mended by the department head and if approved by the City Manager. (7) The seventh salary step "E" step: Six (6) months of satisfactory service ,at the sixth step normally shall make an employee eligible for consideration of this salary advance- ment. This salary advancement shall be made only if recom- mended by the department head and if approved by the City Manager. All rates shown, and conditions set forth herein, are in full payment for services 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 immedi- ately 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 incrase 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 FIRE PREVENTION BUREAU PAY Those employeesclassified as: 1. Fire Fighter;; or 2. Fire Engineer; or 3. Fire Captain and assigned to the Fire Prevention Bureau, on a permanent basis, shall receive a five percent (5%) pay differential for the duration of said assignment. 24 ARTICLE 16 REVISION OF THE COMPENSATION PLAN In the absence of any contrary orders by the City Council for reasons of economy, the following method shall be observed in determining the step at which each employee shall be paid beginning the effective date of a change of the maximum salary for said employees' class of position: (a) If the maximum salary is raised, the step at which the employee will be paid shall not be affected thereby. (b) 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 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 disregarded and not accumulated. (3) Overtime credit must be for work specifically ordered or approved by the appointing authority or a designated representative. (4) If compensation time off cannot be granted, within the established work period, paid compensation shall be granted in lieu thereof at 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 shall be paid to all officers and employees of the City of National City on the following basis: (a) After five years of continuous the sum of $10.00 per month; (b) After ten years of continuous sum of $15.00 per month; and uniterrupted service and uninterrupted service the (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 if said officer or employee is subsequently re-employed by the City, said employee or officer shall hotbe 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 coopera- tively by the Employee Association, Insurance Carrier and the City. The City will provide up to $42.00 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 (as provided by the Kaiser Foun- dation Health Plan, Inc.). The City's contribution towards, providing this plan as an alternate to the base plan will not exceed $42.00 per month per employee. 28 'ARTICLE 20 EMPLOYEE AND DEPENDENT DENTAL INSURANCE As a benefit to all 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 $5.19.per month, per employee, to provide this benefit. Effective July 1, 1980,.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 Under- standing, the City will provide a group life insurance program. The benefits and limitations of the program are to be designed, cooperatively by the Employee 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 all full time employees coveredby this Memorandum of Understanding, the City will provide a dependent group insurance plan. These benefits and limitations of the Dependents Medical Insurance pro- gram will be designed cooperatively by the Employees' Association, Insur- ance Carrier, and the City. The City will provide up to $30.00 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 The employees of National City are members of the Public Employees' Retirement System with the following options as defined in the California State Codes: TITLE CALIFORNIA GOVERNMENT CODE One Half Continuance 21263, 21263.1 Lump Sum 21367.51 1957 Survivor Benefit . , . . . . . . 21365.5 1959 Survivor Benefit 21380 - 88 Prior Service Benefit 20805, 20930 Current Service Benefit 20804, 20930 Ordinary Disability Formula . 1.8% 21297 Minimum Guarantee .. ... . . 21258.1 Basic Formula,1/2 at 5521252.1 Age 50 Early Retirement for -Safety Members 20952.5 32 ARTICLE 24 SALARIES Section 1 Salary Adjustments This Memorandum of Understanding provides for a two-year Agreement between the parties as follows: Period Salary Adjustment July 15, 1980 through December 30, 1980 January 1, 1981 through June 30, 1981 July 1, 1981 through December 30, 1981 January 1, 1982 through June 30, 1982 Section 2 Salaries. CLASSIFICATION TITLE Firefighter Class II 40 hr. wk. 56 hr. wk. monthly Firefighter Class I 40 hr. wk. 56 hr. wk. monthly Firefighter 40 hr. wk. 56 hr. wk. monthly Fire Engineer 40 hr. wk. 56 hr. wk. monthly Fire Captain 40 hr. wk. 56 hr. wk. monthly RANGE 121 130 140 A salary increase of seven (7) percent for each employee repre- sented by the Association. A salary increase of three (3) percent for each employee repre- sented by the Association. A salary increase of seven (7) percent for each employee repre- sented by the Association. A salary increase of three (3) percent for each employee repre- sented by the Association. A STEP E STEP 7.11 5.08 1,232.00 7.50 5.36 1,300.00 7.90 5.64 1,369.00 8.60 6.14 1,491.00 9.45 6.75 1,638.00 9.51 6.80 1,649.00 10.37 7.41 1,798.00 11.42 8.16 1,980.00 33 ARTICLE 25 CALL BACK All employees covered by the terms of the Agreement who are called back to work from off -duty shall be paid for not less than two (2) hours at the basic rate of pay. 34 ARTICLE 26 SHIFT EXCHANGES The City agrees that employees shall have the right to exchange, subject to prior approval of 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. 35 x ARTICLE 27 TRAINING The City and the Association agree that the upgrading of skills benefits both the employees covered by this Agreement and the citizens they are sworn to protect. The following Sections are intended to establish a process whereby employees covered by this Agreement will develop their skills in the following areas: Section 1 - EMT Training All employees covered by this Agreement shall become certified as Emergency Medical Technician Level I (EMTI) within one year from the date this Agreement is signed. All training and recertification will be provided on City time (during regularly scheduled work hours) with the exception of the eighteen to twenty hours of clinical training required for the certificate. Clinical training shall be accomplished on duty after 5:00 p.m. whenever possible. Section 2 - Standards of Physical Fitness All employees covered by this Agreement shall be covered by an Agreement specifying the standards of physical fitness required to maintain employ- ment. These standards shall be developed through the mutual effort, par- ticipation and consent of the Fire Chief, Department of Personnel, and the Firefighters' Association. The standards shall apply August 1, 1981, and shall be an on -going condition of employment. 36 ARTICLE 28 MANNING The City agrees to the following manning levels during the term of the Agreement: Section 1. City shall provide a minimum of eleven (11) suppression personnel per shift at least fifty (50) percent of the time as computed on a semi -annualized basis. (Semi-annual meaning the periods of January 1 through June 30, and July 1 through December 31. Section 2. City shall provide a minimum of ten suppression personnel per shift at all times. Section City's responsibilities under Section 1 above shall not include inability to provide said manning levels due to employee initiated absences which are unplanned such as sick leave, special leave, or off -job -incurred injury. Section 4. This Article shall become effective January 1, 1981. 37 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 $14.20 per represented employee per month for a Long-term Disability Insur- ance Plan (LTD). Said plan to be developed and pro- cured by the Firefighters' Association. The City will make monthly payment to either the Association or insurance carrier as requested by the Association. (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 termin- ate 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 depend- ent health,. life, and dental insurance coverage for the employee per Articles 19, 20, 21, 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 occurrance 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. 38 ARTICLE 30 MANAGEMENT RIGHTS Except --and only to the extent --that specific provisions of this Agree- ment 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, com- missions, boards; set standards of service: detezuuine the procedures and standards of selection for employment and pro- motions; 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 legiti- mate reasons; maintain the efficiency of governmental opera- tions; determine the methods, means and personnel by which government operations are to be conducted; determine the con- tent 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 increases and benefits, or otherwise discipline employees for legal cause;estab- lish reasonable employee performance standards including, but not limited to, quality, and quantity standards; and to require com- pliance 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. 39 ' ' ARTICLE 31 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 uninter- rupted 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 on 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, immedi- ate 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. TJ AVE - 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. 40 `AER21ANENT 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 office 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 per- formance 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 possesses 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-employment 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 either an annual rate, a monthly rate, a semi-monthly rate, a bi-weekly rate, or an hourly rate, as shown in the compensation plan of the City. SALARY STEP - Shall mean the location of a salary rate within a salary range, as identified by a letter of the alphabet. TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position of a non -permanent nature on a provisional basis. WORK DAY - Shall mean an eight hour period as a normal work period. WORK SHIFT - Shall mean a twenty-four (24) hour period as a normal work period. 41