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HomeMy WebLinkAboutFFA MOU July 1 2001 through June 30 2004CITY OF NATIONAL CITY MEMORANDUM OF UNDERSTANDING BETWEEN NATIONAL CITY FIREFIGHTERS' ASSOCIATION AND CITY OF NATIONAL CITY CALIFORNIA FISCAL YEARS 2001-2002 2002-2003 2003-2004 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: FISCAL YEARS 2001-2002, 2002-2003, 2003-2004 The representatives of the City Manager of the City of National City, 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 April 16, 2002 For the CITY: City Manager ^p 9 ER C. DE FRATI City Representative „CriC DON CONDON City Representative 4/02101-- ate For the NCFFA. IAFF Local 2744: 7J MARK BEVERIDGE WIWA E. REED FFA Representative TABLE OF CONTENTS ARTICLE Article 1 Article2 Artide3 Article 4 Article 5 Article 6 Article? Article Article Article Article Article Article Article Article Article Article Article Article Article 8 9 10 11 12 13 14 15 16 17 18 19 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 Article 29 Article 30 Side Letter TITLE PAGE Recognition/Implementation 1 Work Week 2 Uniform Allowance 3 Out -Of -Class Pay 4 Holidays 5 Leave Eligibility And Procedure 7 Annual Vacation Leave 8 Military Leave 11 Family Care Leave 12 Court Leave 13 Sick Leave With Pay 14 Compensation Plan 20 "Y" Rate 22 Forty Hour Assignment Pay 23 Revision Of The Compensation Plan 24 Overtime 25 Longevity Pay 26 Employee & Dependent Health & Dental Insurance 27 Employee Life Insurance 28 Long Term Disability Insurance Program 29 Public Employees' Retirement System 30 Salaries 31 Call Back And Standby/On-Call 33 Shift Exchanges 34 Training 35 Company -Level Staffing 36 Management Rights 37 Terms of Provisions 38 Definitions 39 Employee Grievance Procedure 42 49 NCFFA NIOY 2001-2004 ARTICLE 1 RECOGNITION/IMPLEMENTATION Section 1 Recognition The National City Firefighters' Association is the exclusive representative of probationary and career employees in the following classes: 4 Firefighter 4 Fire Engineer 4 Fire Captain 4 Fire Platoon Commander -� Deputy Fire Marshal Section 2 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 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- NCFFA NON 2001-2004 ARTICLE 2 WORK WEEK The City agrees to cooperate with the Firefighters' 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) Forty Hour Assignment - Forty (40) hours shall constitute the normal work week for personnel temporarily assigned to the prevention or administration divisions. The normal work day for personnel assigned to this division shall be eight (8) hours, and begin at 0800 (8:00 a.m.) daily. Such assignment shall not exceed twelve (12) months, except for those positions designed and filled as permanent 40 hour assignments or with the consent of the temporarily assigned employee and approval of the Chief. -2- NCFFA YOU 2001-2004 ARTICLE 3 UNIFORM ALLOWANCE Safety equipment prescribed by OSHA 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 for each employee covered by this agreement to be applied toward the purchase and maintenance of the shirt, belt, utility jacket and non -safety trousers prescribed by 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. In addition to the above, the City shall provide each newly hired employee an additional $200 to assist them in making an initial purchase of required uniforms. -3- MCFFA NOY 2001-2004 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. Eligibility requirements and pay for an Out -of -Class assignment are as follows: 1. A Platoon Commander may be assigned to work as Fire Chief or Battalion Chief, and he/she shall receive a 5% acting pay over current Platoon Commander's base salary for the time of the assignment. 2. A Fire Captain may be assigned to work as a Platoon Commander and he/she shall receive a 5% acting pay over current Captain's base salary for the time of the assignment. To be qualified for the acting position of Platoon Commander, a person must meet the current qualifications for Platoon Commander. 3. To be qualified for acting position of Captain, a person must be certified by the department to act in the position of Captain; or, if no certified Captains are available, employee must be on the current or most recent promotional eligibility list for Captain; or, if no list is available, the employee must possess the current qualifications for promotion to Captain. Employees shall receive 5% over their base salary for acting time. 4. To be qualified for the acting position of Engineer, a person must be certified by the department to act in the position of Engineer; or, if no certified Engineers are available, employee must be on the current or most recent promotional eligibility list for Engineer; or, if no list is available, the employee must possess the current qualifications for promotion to Engineer. Employees shall receive 5% over their base salary for acting time. 5. When the Deputy Fire Marshal is assigned to work as Fire Marshal, he/she shall receive a 5% acting pay over current Deputy Fire Marshal's base salary for the time of the assignment. 6. These requirements are not intended to limit the Fire Chief from appointing any employee to an acting capacity or position when circumstances are such that rated or certified personnel are not readily available after reasonable attempts have been made to use rated or certified personnel. -4- NCFFA MU 2001-2004 ARTICLE 5 HOLIDAYS Section 1 Eligible suppression personnel temporarily assigned to a forty 140) hour work week shall be entitled to the following fixed holidays with pay if they occur during such assignment: 1. New Year's Day 2. 2nd Sunday in April 3. Memorial Day 4. Independence Day 5. Labor Day 6. Thanksgiving Day 7. Christmas Day Personnel permanently assigned to a 40 hour/week shall be entitled to the same fixed holidays with pay as Fire Management personnel. 1. New Year's Day - January 1" 2. Memorial Day - Last Monday in May 3. Independence Day - July 4th 4. Labor Day - 1' Monday in September 5. Thanksgiving Day - 4th Thursday in November 6. Day After Thanksgiving 7. Christmas Eve Day - December 24th 8. Christmas Day - December 25th Also each employee permanently assigned to 40 hour/week shall be credited with five (5) floating holidays at the start of each fiscal year, and pro -rated according to date of hire for new employees. 1. King's Birthday - 3'd Monday in January 4. Columbus Day -2nd Monday in October 2. Lincoln's Birthday - February 12t° 5. Veterans' Day - November 11th 3. Washington's Birthday - 3'd Monday in February Section 2 Appointed and Religious Holidays With Council approval, 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 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 - 40 Hour/Week Assignment In the event an employee 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- NCFFA NOu 2001-2004 Article 5 - Holidays Page 6 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. Section 4 Fire Suppression Holiday Work Schedule The normal workday on holidays for employees assigned to Suppression (56-hour week) shall consist of daily morning routine, answering emergency calls and the performance of assigned supervisory duties. For purposes of this section, the following days shall be modified work days: 1. New Year's Day (January 1st) 2. Memorial Day (4th Monday in May) 3. 2nd Sunday in April 4. Independence Day (July 4th) 5. Labor Day (1st Monday in September) 6. Thanksgiving Day (4th Thursday in November) 7. Christmas Day (December 25th) 8. Sunday after 1300 (Sunday work schedules will be reviewed each January for possible adjustments after conferring with the FFA) The Fire Chief shall designate that the holiday work schedule be followed on days appointed by the President of the United States or by the Governor of California for a public fast, thanksgiving or holiday and approved by Council. The provisions of the other sections of this article do not apply to observance of the Fire Suppression holiday work schedule. Section 5 In lieu of holiday time off, Platoon Commanders shall receive 11.1 hours of base salary; Fire Captain, 11.0 hours of base salary; Fire Engineers, 10.9 hours of base salary; and Firefighters, 10.7 of base salary for each 28 day work period. However, those suppression personnel temporarily assigned to a 40-hour work schedule shall not work on fixed holidays observed by Fire Management and that time off will be charged against their vacation accrual. NCFFA MOU 2001-2004 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 Family Care Leave of absences as provided in this MOU. (See Article 91 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. 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 timesheets'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 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. -7- NMFFA YOU 2001-2004 ARTICLE 7 ANNUAL VACATION LEAVE Section 1 All employees shall be entitled to annual vacation leave with pay. Section 2 Accrual Rates (A) All personnel shall be governed by the following vacation accrual rates per pay periods of service: More Suppre'ssib�t Personnel . 40 hour Asc ment Pen i 0 - 130 pay cycles 5.54 hours per pay cycle 3.08 hours per pay cycle 131 - 390 pay cycles 7.39 hours per pay cycle 4.62 hours per pay cycle 390 + pay cycles 9.24 hours per pay cycle 6.15 hours per pay cycle Section 3 Conversion of Vacation Benefits Fire Suppression employees switching from a 56 hour to a 40 hour work/week shall for purposes of time sheet reporting, report hours for purposes of pay at the rate of 1.4 hours for each actual hour on paid status. Those Fire Suppression Employees who volunteer to remain on a 40-hour assignment for more than 12 months shall accrue the same vacation as the permanent 40-hour assignment (see above.) Example: Actual hours worked Conversion Rate Worked Hours to be reported on timesheet Actual vacation hours Conversion rate Vacation hours to be reported on timesheet -8- NCFFA NON 2001-2004 40.00 1.40 56.00 40.00 1.40 56.00 Article 7 - Annual Vacation Leave Page 9 Section 4 Vacation Usage 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 authorized by the department director or designee shall not be deemed payable until the employee's eligibility is verified by the Finance Department. 2. Each employee is entitled to use a minimum of one (1) year's accrual of vacation during each fiscal year, providing he/she submits a request for vacation, as provided in City and departmental procedures. Additional vacation leave which exceeds annual accrual may be requested providing staffing permits and with approval of the Fire Chief. 3. An eligible employee may take earned vacation in any increment of four (4) hours or more with the approval of the department head or his/her designee. Section 5 Maximum Vacation Accumulation An eligible employee may accumulate vacation to a maximum of 2.5 times annual accrual. Vacation accrual will discontinue upon reaching the maximum until the employee reduces vacation accumulation. The maximum allowable accruals are as follows: 360 hours for all 56 hour safety employees with less than five (5) years service. 257 hours for permanent 40 hour safety employees with less than five (5) years service. 480 hours for all 56 hour safety employees with five (5) to fifteen (15) years service. 342 hours for permanent 40 hour safety employees with five (5) to fifteen (15) years service. 600 hours for all 56 hour safety employees with fifteen (15) plus years service. 428 hours for permanent 40 hour safety employees with fifteen (15) plus years service. Section 6 Vacation Selection and Coverage Vacation selection and coverage shall be as provided in current Departmental Policy, Volume I, Standard Instruction #36, page 5, effective March 12, 1985. Copy attached. (Reference Article 26, Section 4) Firefighters shall not be required to supply vacation relief. NCFFA NOV 2001-2004 Article 7 - Annual Vacation Leave Page 10 Section 7 Terminal Vacation Leave Upon termination of employment for any cause, an eligible employee shall be entitled to base salary in lieu for the number of accumulated vacation hours 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" and shall be paid at their annual average rate of base salary. Section 8 Upon notice of opportunity from the Fire Chief, requests to sell -back accrued vacation may be submitted for approval by the Fire Chief. NCFFA 11011 2001-2004 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 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 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 (90) 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 (1) year prior .to the date upon which such absence begins, shalt receive his regular salary for a period not to exceed thirty (30) 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- NCFFA MOO 2001-2004 ARTICLE 9 FAMILY CARE LEAVE Refer to City-wide Council Policy on Family Leave Policy. -12- NCFFA YOU 2001-2004 ARTICLE 10 COURT LEAVE An employee who is required by subpoena or 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 or proof of said employee's required attendance to the appointing authority and the Personnel Director. 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 for 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- NCFFA YOU 2001-2004 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 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. 4. The care of a family member meeting the requirements of Federal Family Medical Leave Act or California Family Rights Act Section 2 Sick Leave Earning and Accumulation 1. 56-hour Fire Suppression personnel of the Fire Department shall earn 5.54 hours of sick leave for each full pay cycle of employment. Permanent 40-hour employees shall earn 3.69 pay cycle. 2. Accumulated Sick Leave: Each permanent or probationary 56-hour employee covered by this Memorandum shall, on July 30, 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 pay period up to the 720-hour maximum limitation. Permanent 40-hour employees may accumulate up to 514 hours. 3. 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, 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. -14- NCFFA Y00 2001-2004 ,40.1106. Article 11 - Sick Leave With Pay Page 15 Example: 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 fiance Credit 720 hours (Maximum Accumulation) 300 hours 4. Upon reaching the maximum accumulated sick leave (720 hours), accrual will discontinue and will resume only after the employee's balance falls below 720 hours. Accrual will resume on the last day of the pay period in which the employee's balance falls below the 720-hour level. Said accrual will occur at the established rate as defined in paragraph (1) above. Section 3 Sick Leave Usage (1) Employees must first utilize the regular sick leave balance prior to utilizing frozen sick leave accumulation. (2) Employees using sick leave pursuant to this Article for non -work related illness or injury which has a sixty (60) consecutive day duration shall, upon the sixty first (61 st) consecutive, day of illness, utilize provisions of Article 20 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/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. NCFFA MOY 2001-2004 Article 11 - Sick Leave With Pay Page 16 (2) Absence that is chargeable to sick leave in accordance with this shall be charged in an amount not smaller than one (1) hour for the first hour of absence; thereafter, in increments of not less than fifteen (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 may 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 Director. NCFFA MOY 2001-2004 Article 11 - Sick Leave With Pay Page 17 (3) When absence is for more than five (5) working days in a two (2) week period or there is in the judgment of the department head a questionable usage of sick leave over a number of pay periods, the department head may require the employee to submit to an examination at City expense by a physician designated or approved by the City Manager. The department head shall be entitled to a written report from the examining physician indicating the specific nature and duration of the employee's illness or incapacity. Section 7 Separation from City Service All eligibility from sick leave with pay shall be canceled upon separation of the employee from 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. Section 8 Illness During Vacation An employee who becomes incapacitated due to illness or injury 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. Section 9 Holidays During Sick Leave For 40-hour permanently and temporarily assigned employees, paid fixed 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 at their annual base salary for each hour 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. NCFFA MOO 2001-2004 Article 11 - Sick Leave With Pay Page 18 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, and 2. Accumulative sick leave balances upon retirement. Equals Sick leave payoff, 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. Section 13 Sick Leave Incentive Pay (a) 56 Hour Work Week Sworn members of the Fire Department working on a twenty-four (24) hour shift basis using forty-eight (48) hours of sick leave or less may convert fifty (50%) percent of their remaining yearly sick leave at annual base salary. 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 Annual Sick Leave Accrual at tied of Fiscal Year Hours that may be converted at, annual base salary 56 HOUR WORK WEEK 56 HOUR WORK WEEK 144 Hours 72 Hours 132 Hours 66 Hours 120 Hours 60 Hours 108 Hours 54 Hours 96 Hours 48 Hours Less than 96 Hours No Payoff NCFFA MOU 2001-2004 Article 11 - Sick Leave With Pay Page 19 (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 3.69 hours per full pay period of service. Persons in this work assignment, using thirty-two (32) hours or less, during the fiscal year, may convert fifty (50%) percent their remaining yearly sick leave at annual base salary. 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 Annual Sick Leave Accrual at End of Fiscal Year iHau,that maybe converted at'aa base ry 40 HOUR WORK WEEK 40 HOUR WORK WEEK 96 Hours 48 Hours 88 Hours 44 Hours 80 Hours 40 Hours 72 Hours 36 Hours 64 Hours 32 Hours Less than 64 Hours No Payoff (c) Except as provided in (d) below, sick leave hours converted shall be subtracted from the employee's accumulative sick leave balance. The remaining sick leave hours shall be carried over accumulated per Section 2 (3) herein. (d) An employee who has the maximum accumulation of sick leave at the beginning of the previous fiscal year (July 1n and who used no sick leave during the year, shall not have the amount of sick leave for which compensation is received under the sick leave incentive program deducted from the employee's accumulative yearly sick leave balance and shall remain at the maximum accumulation. (e) The City will attempt to make payment on the pay day following the end of the 3rd pay cycle, but no later than the pay day following the end of the 4'" cycle of each fiscal year. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. (f) 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 terminate or retire during the fiscal year will be compensated on a prorated basis subject to their formal separation or retirement date. NCFFA ■OU 2001-2004 ARTICLE 12 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 (7) steps, "A" through "G"; the ranges for other classifications consist of five (5) steps each ("A" through "E"). (2) The increase from one step to the next step on each 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 range shall be interpreted and applied as follows: the second, third, fourth , fifth, sixth and seventh salary steps are merit and seniority adjustments to encourage an employee to continue to improve his work: (A) The first base salary step (as shown in the schedule for base salary) 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. (B) The second salary step: When 13 full pay cycles are completed after hire into a permanent position, the employee is eligible for consideration for this salary advancement. This salary advancement shall be made only after a satisfactory performance evaluation and the Fire Chief recommends the advancement subject to approval by the City Manager. (C) The third salary step - When 13 full pay cycles are completed at the 2nd step in a permanent position, the employee is eligible for consideration for this salary advancement. This salary advancement shall be made only after a satisfactory performance evaluation and the Fire Chief recommends the advancement subject to approval by the City Manager. -20- NCFFA YOU 2001-2004 Article 12 - Compensation Plan Page 21 (D) The fourth salary step - When 13 full pay cycles are completed at the 3rd step in a permanent position, the employee is eligible for consideration for this salary advancement. This salary advancement shall be made only after a satisfactory performance evaluation artd the Fire Chief recommends the advancement subject to approval by the City Manager. (E) The fifth salary step - Twenty-six (26) full pay cycles of satisfactory service at the fourth step normally shall make an employee eligible for consideration of this advancement. This salary advancement shall be made only after satisfactory performance evaluation and if recommended by the department head subject to approval by the City Manager. (F) The sixth salary step - Twenty-six (26) full pay cycles of satisfactory service at the fifth step normally shall make an employee eligible for consideration of this advancement. This salary advancement shall be made only after satisfactory performance evaluation and if recommended by the department head subject to approval by the City Manager. (G) The seventh salary step - Twenty-six (26) full pay cycles of satisfactory service at the sixth step normally shall make an employee eligible for consideration of this advancement. This salary advancement shall be made only after satisfactory performance evaluation and if recommended by the department head subject to approval by the City Manager. 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 schedules adopted by the City Council. NCFFA NOV 2001-2004 ARTICLE 13 "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 (2) 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". -22- NCFFA 1.O0 2001-2004 ARTICLE 14 FORTY -HOUR ASSIGNMENT PAY Those employees classified as: 1. Firefighter; or 2. Fire Engineer; or 3. Fire Captain; or 4. Platoon Commander and temporarily assigned to a forty (40) hour assignment, shall receive a six (6) percent pay differential for the duration of said assignment. -23- NCFFA NON 2001-2004 ARTICLE 15 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 or 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 should be paid at the rate in the new range which is the same as the rate to 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. -24- NCFFA YOU 2001-2004 ARTICLE 16 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) The City of National City has elected a 28-day work period for fire suppression employees under the 7K exemption contained in the Fair Labor Standards Act to coincide with the City's regular pay periods. Overtime pay shall be calculated pursuant to the provisions of the Department of Labor, Wages and Hour Division Administrative Letter ruling dated November 19, 1986 which is contained in Appendix Ill, Administrative rulings Pages 129 through 131 of the Fair Labor Standards Handbook published by Thompson Publishing Group. (4) Employees may be credited with compensating time for overtime worked, upon prior request of the employee and approval of the Fire Chief, up to a maximum of 480 hours. (5) An employee may use compensating time in advance of accruing it with the Fire Chief's approval, providing that any negative balance is owed to the City at separation or retirement. (6) The City may not force use of compensatory time off or vacation in order to avoid overtime payment. -25- NCFFA YOU 2001-2004 ARTICLE 17 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 longevity pay as of 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 increase in longevity pay. Current levels of longevity pay are: (a) After five (5) years of continuous and uninterrupted service the sum of $10.00 per month; (b) After ten (10) years of continuous and uninterrupted service the sum of $15.00 per month; (c) After fifteen 115) years of continuous and uninterrupted service the sum of $20.00 per month; (d) After twenty (20) years of continuous and uninterrupted service the sum of $25.00 per month; (e) After twenty-five (25) 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 Fire Chief 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 not be entitled to any longevity pay by reason of any prior employment. -26- NCFFA YOU 2001-2004 ARTICLE 18 EMPLOYEE AND DEPENDENT HEALTH AND DENTAL INSURANCE Section 1 As a benefit to full-time employees covered by this Memorandum of Understanding, the City will provide a group health insurance and a group dental insurance program. The benefits and limitations of the programs are to be designed cooperatively by the Employees' Association, the Insurance Carriers and the City. The Association and City agree to select and implement health insurance programs which meet the requirements of the Health Maintenance Act of 1973. In the event the cost of insurances selected by the employee exceeds the contribution by the City, the employee must pay the excess amount. Section 2 Cash -in -Lieu An employee must select coverage for health and dental insurance to be eligible for cash -in -lieu. If coverage selected costs less than the contribution by the City, the difference shall be paid to the employee in the form of money to a maximum of $100/month. Section 3 Medical & Dental Benefits 2001-2002 Effective February 1, 2002, the City shall contribute the following amounts for health and dental benefits: Employee Only S305.30 Employee & one dependent 80% of Kaiser Health Plan & PMI Dental Plan Premium Employee + 2 or more dependents 80% of Kaiser Health Plan & PMI Dental Plan Premium The contribution of S305.30 for employee only shall remain at $305.30/mo. until the premiums for Kaiser and PMI exceed that amount, after that the benefit shall be 100% of those premiums. Section 4 Retiree Health Benefit Employees covered by this MOU, who retire from the City of National City after July 1, 2002, and who have at least 20 full years of service with National City Fire Department shall receive $5/month for each year of service with National City Fire Department as the City's contribution towards their medical insurance premium. This contribution shall continue until reaching age 65 or the retiree obtaining primary health coverage not sponsored by the City of National City. Terminal vacation pay and/or sick leave payment upon retirement or PERS adding unused sick leave accruals toward retirement credit shall not be included in the calculation of 20 full years of service. If the City increases this benefit for the Police Officers' Association, that increase shall also apply to the Firefighters' Association, but not to former members of the FFA already retired at the time the increase is made, unless the increase for the POA applies to its former members already retired at the time the increase is implemented. Retirees eligible for this benefit are responsible for paying the Health Insurance Premium and the City will forward this benefit amount on a monthly basis directly to the Retiree. This benefit will be canceled upon non-payment of premium or otherwise becoming ineligible. The Retiree is also responsible for notification to the City of address change and health coverage from another source. -27- NCFFA NIOU 2001-2004 ARTICLE 19 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 Life Insurance Program are to be designed cooperatively by the Employees' Association, Insurance Carrier and the City. The City will provide $15,000 Life Insurance with Accidental Death and Dismemberment as a City paid benefit. In the event the cost of providing Employee Life Insurance exceeds the established City contribution, employee must pay the excess amount. -28- NCFFA NOV 2001-2004 ARTICLE 20 LONG TERM DISABILITY INSURANCE PROGRAM It is the intent of this article to provide an income protection plan to firefighter employee's who are unable to work because of non -work related injury, illness or disability. (A) The Firefighters' Association, at their option, may change insurance carriers and/or plan benefits for their group Long Term Disability (LTD) Program no more than once in any twelve (12) month period upon proper notice to the City's Labor Relations Representative. (B) The City shall pay $33.90 per month to each represented firefighter employee in the form of a taxable pay type and shall deduct the monthly premium and pay the insurance carrier directly. Any excess of City contribution over the premium cost shall be available to the employee as cash -in -lieu. (C) The City shall continue to make health, dental and life insurance contributions to represented employee's in accordance with Article 18 and 19 of this MOU for the duration of the disability or twelve (12) consecutive months whichever is less, unless this benefit is extended by the Fire Chief and the City Manager. (D) The disabled employee shall use accumulated sick leave during the waiting period for the benefit to be effective and thereafter on leave without pay status. The City shall be notified as to the effective date of benefit by the responsible party. -29- NCFFA 41011 2001-2004 ARTICLE 21 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 December 12, 1989, amendment to contract between the Board of administration of PERS and the City Council. Section 2 The City's contribution for the employee's share of the cost of the Public Employees' Retirement System shall continue to be nine (9) percent, and the City will report the Employee Paid Member Contribution of 9% of employee's share as gross pay for purposes of highest single year retirement benefit effective at the start of Fiscal Year 2002-03. Section 3 The City will amend the P.E.R.S. contract to include the 'Highest Single Year" option at City expense effective January 1, 1992. Section 4 The City will act to implement the 3% at 50 PERS Retirement Benefit for the represented employees as soon as permitted by PERS and after this contract is ratified by Council. Section 5 After ratification of this Agreement by the City Council, the City will request an actuarial study from CALPERS on the cost of implementing the Level IV Survivors Benefit. When received, the City and FFA will re -open negotiations on this issue only and will implement that benefit if the cost is not significant. NCFFA YOU 2001-2004 -30- ARTICLE 22 SALARIES July 2001 Effective the first pay period of the 2001-2002 fiscal year, the hourly base salaries of all represented classifications shall be increased by 5%. January 2002 - Effective January 8, 2002, the hourly base salaries of all represented classifications shall be increased by that percentage necessary to equal the median (8th ranked City) of the 15 cities listed below based on the January 31, 2002 salary survey. The The annual City/County Personnel Association (CCPA) salary survey will be the Salary basis for adjustments. However, if the FFA disagrees with any hourly base Survey for salaries reported, the City and the FFA will mutually research the difference to the January satisfaction of both parties. Hourly base salaries shall not include any type of 2002 overtime or any special pays such as EMT, educational incentives, etc. The salaries in effect on January 31 on each year shall be the determining salaries. The cities to be used are San Diego, Carlsbad, Encinitas, Chula Vista, Escondido, Coronado, El Cajon, Santee, Del Mar, La Mesa, Vista, Poway, Solana Beach, Oceanside and Imperial Beach. January 2003 - Effective January 7, 2003, the hourly base salaries of all represented classifications shall be increased by 3%. By no later than March 31, 2003, the parties shall jointly survey the fifteen cities listed above to determine the base annual salaries in effect, or known, by March 31, 2003 to be effective no later than January 31, 2003. The parties shall determine the mean (average) of the annual salaries for the cities surveyed. The City shall increase hourly base salaries effective January 7, 2003 by that percentage necessary to equal the mean, if any, beyond the 3% increase effective January 7, 2003. January 2004 - Effective January 6, 2004, the hourly base salaries of all represented classifications shall be increased by 3%. By no later than March 31, 2004, the parties shall jointly survey the fifteen cities listed above to determine the base annual salaries in effect, or known, by March 31, 2004 to be effective no later than January 31, 2004. The parties shall determine the mean (average) of the annual salaries for the cities surveyed. The City shall increase hourly base salaries effective January 7, 2004 by that percentage necessary to equal the mean, if any, beyond the 3% increase effective January 7, 2004. -31- MCFFA 111011 2001-2004 Article 22 - Salaries Page 32 Platoon Commander Increases January 2003 & 2004 Special Incentive Pay MCFFA YOU 2001-2004 In addition to all of the increases for hourly base salaries effective January 2002, 2003 and 2004, the classification of Platoon Commander shall receive an additional 4.0% increase in base hourly salaries in January 2002, and an additional 2.5% increase in base hourly salaries in January 2003 and in January 2004. Those represented employees who can demonstrate competency in the Spanish or Tagalog languages as verified by the Personnel Department shall receive an additional 2% incentive pay to the hourly base salaries. Those represented employees who can show actual residency within the City limits of National City shall receive an additional 2% incentive pay to their hourly base salaries for as long as they remain residents of National City. ARTICLE 23 CALL BACK AND STANDBY/ON-CALL 1. All employees covered by the terms of the Agreement who are called back to work from off - duty and arrive at station for duty shall be paid for not less than two (2) hours at one and one- half (1-1/2) times the base salary rate. Immediate call back will receive one (1) additional hour of travel time. 2. Off -duty personnel may be required by the Fire Chief to remain on standby/on-call status and shall receive one-half (.5) hour of base salary for each four (4) hours of required standby time. -33- NCFFA MOU 2001-2004 ARTICLE 24 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 (1) hour to a maximum of twenty-four (24) hours for any one request. (3) Personnel may work more than twenty-four (24) hours straight and not more than forty-eight (48) hours at one request, except by approval of the Chief. (4) Working in excess of twenty-four (24) hours will not be cause for denial. -34- NCFFA NOW 2001-2004 ARTICLE 25 TRAINING Section 1 Training 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 re -certification 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. Fire Investigation Training - up to $500 annually will be provided to employees assigned to Fire Investigation for specialized training in fire investigation which is considered necessary by the Fire Marshal and approved by the Fire Chief. 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 twelve (12) units per fiscal year and is open to all employees who meet the following criteria: A. Successful completion of probation. B. A proposed course of instruction related to the employee's employment with the City. The City Manager or his designee 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. C. The reimbursement may be used to cover the costs of tuition, registration and books at a local community college. D. The course must be passed with a grade of "C" or better. If taken on pass/fail basis, employee must pass course(s) taken. E. 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. -35- NCFFA YOB 2001-2004 ARTICLE 26 COMPANY -LEVEL STAFFING Section 1 Each of the two (2) engine companies shall be staffed with a minimum of three (3) Personnel in the following manner: one (1) rated Fire Captain, one (1) rated Fire Engineer and one (1) rated Firefighter. Engine companies shall be staffed to perform engine company operations. Section 2 Each Truck Company shall be staffed with a minimum of four (4) Personnel in the following manner: one (1) rated Fire Captain, one (1) rated Fire Engineer and two (2) rated Firefighters, except as provided in Section 3 below. The Truck Company shall be staffed to perform truck company operations. Section 3 The City shall be obligated to staff each 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 rated personnel may be permitted in circumstances out of the Department's control, such as sick leave, special leave, off the job -incurred injury, or other acts of God. Section 4 In the event a Platoon Commander is on vacation, an attempt must be made to fill the vacancy with a rated Platoon Commander. In the event a Captain is on vacation, an attempt must be made to fill the vacancy with a rated Captain. In the event an Engineer is on vacation, an attempt must be made to fill the vacancy with a rated Engineer. Section 5 Personnel may work more than twenty-four (24) consecutive hours, but not more than forty-eight (48) consecutive hours except by the approval of the Chief. Section 6 Minimum daily staffing shall not be less than 11 personnel comprised of two (2) engine companies, one (1) truck company and one (1) platoon commander. -36- MCFFA 11100 2001-2004 ARTICLE 27 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 increases 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. -37- NCFFA Mou 2001-2004 ARTICLE 28 TERMS 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 from the adoption of this document by the City Council through December 31, 2004. This MOU is subject to all future and current applicable Federal of State and Local laws and regulations. If any part or provision of this MOU is in conflict with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of the MOU shall not be affected. The Association will be duly notified of any such judicial or legislative action invalidating any section of this Agreement, and the Employees' Association and/or the City shall have right to meet and confer within thirty (30) days concerning said section. This MOU shall supersede all past agreements and City or department rules and ordinances which are in conflict with or are addressed by this MOU. In addition, the City and the Association may mutually agree in writing to meet and confer on any subject within the scope of representation. -38- NCFFA MOU 2001-2004 ARTICLE 29 DEFINITIONS BASE SALARY - Shall mean, for 56-hour personnel, the hourly rate derived by dividing the annual salary as developed by the Finance Department on their published salary schedule by the average number of scheduled work hours (2912) hours. For 40-hour personnel, the hourly salary derived by dividing the annual salary by 2080 hours. The annual salary does not include overtime, special or incentive pays or cash -outs. 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. 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 ife, son, daughter, brother and sister of the employee, or any relative by blood or marriage residing in i.he same household. INTERIM APPOINTMENT - Shall mean a short-term appointment made from an eligible list. LAY-OFF - Shall mean the involuntary, non -disciplinary 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. NORMAL WORK DAY - Shall mean operations personnel are not expected to work on projects of a non -emergency nature after 1700 hours. If an individual elects to work on a project or other administrative assignment after 1700 hours he shall do so of his own free choosing. No coercion, harassment or persuasion shall be placed on any individual either by the fire department administration or by the labor body. -39- NCFFA MOO 2001-2004 Article 29 - Definitions Page 40 PAY CYCLE - Two week period for pay purposes. PAY DAY - Day on which pay is given for previous pay cycle. PAY PERIOD - 28 day period for purposes of overtime. 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. PERMANENT STATUS - Shall mean the satisfactory completion of one (1) year of probationary service and continuing permanent appointment. DIRECTOR OF PERSONNEL - Shall mean the City Manager or the person appointed by the City Manager to act as Secretary to the Civil 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 part-time or full-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 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 five (5) specific pay rates having a percentage relationship to one another, assigned to a class of positions as the compensation for the class. NCFFA YOU 2001-2004 Article 29 - Definitions Page 41 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 rate within a salary range, as identified by a letter of the alphabet. TEMPORARY ASSIGNMENT - Assignment of personnel to a 40-hour work week in a position that is not designated as a permanent 40-hour assignment. TEMPORARY EMPLOYEE - Shall mean an employee appointed to a position of a non -permanent nature on provisional basis. WORK DAY - Shall mean an eight (8) hour period as a normal work period. WORK SHIFT - Shall mean twenty-four (24) hour period as normal work. NCFFA NOO 2001-2004 ARTICLE 30 EMPLOYEE GRIEVANCE PROCEDURE Section 1 Purpose The purpose and objectives of this Grievance Procedure of the City of National City are: (A) To promote improved employer -employee relations by establishing grievance procedures on matters within the scope of a Memorandum of Understanding between the City and a recognized employee association for which appeal or hearing is not provided by other regulations. (B) To assure fair and equitable treatment of all employees and promote harmonious relations among employees, supervisors and management. (C) To encourage the settlement of disagreements informally at the employee -supervisor level and provide an orderly procedure to handle grievances throughout the several supervisory levels where necessary. (D) To provide that appeals shall be conducted as informally as possible. (E) To resolve grievances as quickly as possible and correct, if possible, the cause of grievances, thereby reducing the number of grievances and future similar complaints. This grievance procedure is applicable to all employees in positions within a bargaining unit represented by an employee association. This procedure does not supersede the grievance or other appeal procedures in the Civil Service Rules of the City. Section 2 Identification Of Participants For the purpose of this grievance procedure, the following definitions shall apply: (A) Association: The employee organization recognized by the City to represent employees in the grievant's bargaining unit. (B) City: The City of National City. (C) City Manager: The City Manager or his designee. (D) Department: A major organizational unit of the City. (E) Department Head or Head of a Department: The chief executive officer of a department. (F) Employee or City Employee: A member of a bargaining unit either at the time of initiation of the grievance of within seven (7) calendar days prior to initiation of the grievance. (G) Employee Representative: An individual who appears on behalf of the employee. -42- NCFFA MOU 2001-2004 Article 31 - Employee Grievance Procedure Page 43 (H) Grievance: A complaint of an employee, or a group of employees or the Association on behalf of its membership as a whole, arising out of the application or interpretation of existing provisions of an MOU. (I) Immediate Supervisor: The individual who normally assigns, reviews or directs the work of an employee. (J) Management: (1) Any employee having significant responsibilities for formulating and administering City policies and programs, including but not limited to the chief executive officer and department heads; (2), Any employee having authority to exercise independent judgment to hire, transfer, suspend, lay-off, recall, promote, discharge, assign, reward or discipline other employees, or having the responsibility to direct them or to adjust their grievances, or effectively to recommend such action if in connection with the foregoing the exercise of such authority is not of a merely routine or clerical nature, but requires the use of independent judgment. (K) Memorandum of Understanding (MOU): A written agreement between an employee organization and the City which is a result of the meet and confer process. (L) Director of Personnel: The Director of Personnel or his designee. (M) Second Level Supervisor: The individual to whom an immediate supervisor normally reports. Section 3 Scope of Grievance Procedure (A) To be reviewable under this procedure, a grievance must: 1. Concern matters or incidents that have occurred; and 2. Results from an act or omission by management which is alleged to be a violation of a specific provision of a current Memorandum of Understanding; and 3. Arise out of a specific situation, act or acts complained of as being unfair which result in specified inequity or damage to the employee(s). (B) A grievance is not reviewable under this procedure if either it is a matter which would require the modification of the MOU or a policy established by the City Council or by law. Also, a grievance is not reviewable under this procedure if it is reviewable under some other administrative or Civil Service procedure such as: 1. Applications for changes in title, job classification or salary; 2. Appeals from formal disciplinary proceedings; 3. Appeals arising out of Civil Service examinations; 4. Appeals from work performance evaluations. (C) A complaint may not be considered under this procedure if a grievance has been filed on the same matter under the Civil Service Grievance Procedure (Rule IX). NCFFA MOU 2001-2004 Article 31 - Employee Grievance Procedure Page 44 Section 4 Special Provisions Of The Grievance Procedure (A) Procedure for Presentation: In presenting a grievance the employee shall follow the sequence and the procedure outlined in Section 5 of this Procedure. (B) Prompt Presentation: The employee shall discuss the grievance with the immediate supervisor promptly after the act or omission of management causing the grievance. (C) Submittal of Grievance: The written grievance shall be submitted on a form prescribed by the Director of Personnel for this purpose. At each level, the form must be completed fully, signed by the grievant and hand delivered or sent by U.S. mail to the designated reviewer's office with a copy being sent to the Personnel Office, also within the specified time limits. (D) Statement of Grievance: The grievance must contain a statement of: 1. The specific situation, act or acts complained of as being unfair; and 2. The specific provision(s) of the MOU which has been violated; and 3. The inequity or damage suffered by the employee; and 4. The relief sought; and 5. The representative of the grievant (if applicable). (E) Employee Representative: The employee may choose someone to provide representation at any step in the procedure. No person hearing a grievance need recognize more than one representative for any employee at any one time. (F) Handled During Working Hours: Whenever possible, grievance hearings and meetings with reviewers will be conducted during the regularly scheduled working hours of the parties involved. (G) Extension of Time: The time limit within which action must be taken or a decision made as specified in this procedure may be extended by mutual written consent of the parties involved. A statement of the duration of such extension of time must be signed by both parties involved at the step to be extended. (H) Consolidation of Grievances: If the grievance involves a group of employees or if a number of employees file separate grievances on the same matter, the grievances may be handled by management as a single grievance. (I) Settlement: A grievance shall be considered settled and not subject to further consideration or re -filing if any of the following conditions exist: 1. The grievant indicates in writing that the grievance is withdrawn. 2. The specific remedy requested on the grievance form is granted. 3. The grievant does not submit the grievance to the next higher level of review with tie normal time limits or extended time limits obtained in writing by mutual agreement. NCFFA MOM 2001-2004 Article 31 - Employee Grievance Procedure Page 45 (J) Rejection: A grievance may be rejected for consideration at any time during the grievance review process for any of the following reasons: 1. The grievant does not meet the definition of "employee" indicated in Section 2. 2. The subject of the grievance is outside the scope of the procedure as indicated in Section 3. 3. The grievant does not comply with any of the requirements of Sections 4 or 5. (K) Representation: The grievant may elect to be represented by the Association or any other person or to represent himself/herself. If the grievant elects to not be represented by the Association, the Association shall be given a copy of the grievance and its resolution. (L) Deletion of Steals): By mutual written consent of the department head and the grievant, any one or more of the first three (3) steps of the procedure may be omitted in consideration of a specific grievance when it is felt that this is in the best interests of an equitable and expeditious resolution of the grievance. (M) Reprisals: The grievance procedure is considered an integral part of the employee -employer relation policy of the City. As such, it is intended to assure a grievant and his/her representative the right to present the grievance without fear of disciplinary action or reprisal of any kind by his/her supervisor or other agents of the City provided he/she observes the provisions of the grievance procedure. Section 5 Grievance Procedure Steps The following procedure shall be followed by an employee submitting a grievance: STEP I Immediate Supervisor: The employee shall discuss the grievance with the immediate supervisor within 20 calendar days of the alleged act or omission of management causing the grievance. Within seven (7) calendar days the supervisor shallgive a decision to the employee verbally. STEP II Department Head: If the employee and supervisor cannot reach an agreement as to a solution of the grievance or the employee has not received a decision within the time limit, the employee may within seven (7) calendar days present the grievance in writing to the department head. The department head shall hear the grievance and give a written decision to the employee within fourteen (14) calendar days. STEP III Hearing: (a1 Grievance to Director of Personnel: If the grievant and the department head cannot reach an agreement as to a solution of the grievance or the employee has not receive a written decision within the time limit, the grievant may within fourteen (14) calendar days present the grievance in writing to the Director of Personnel. NCFFA MOO 2001-2004 Article 31 - Employee Grievance Procedure Page 46 (b) Selection of Board Members: Subject to Section 6 of this Article, within seven (7) calendar days of receiving the grievance at this level, the Director of Personnel shall meet with the grievant and/or the grievant's representative to select two members of a grievance hearing board. The grievant and/or representative shall select one member; the Director of Personnel shall select another member. The two board members shall select a third member to serve as Chairperson. The board members may be any persons who are not directly involved in the incidents of the grievance or in the line of supervision over the grievant either at the time of the hearing or at the time the incidents referred to in the grievance occurred. Any person nominated to be the chairperson shall be subject to disqualification and the action of the Board cancelled if it can be shown that he/she had direct interest in the resolution of the grievance. lc) Hearing Procedures: 1. The board members shall be given prior access to the grievance form, all written responses and all supportive material attached thereto. 2. The board shall provide written announcement of the location, date and time of the hearing to each side. 3. The hearing may be public or closed as requested by the grievant. 4. The manager who is the subject of the grievance shall be represented by the Director of Personnel or other person designated by him/her. 5. Each side shall have the opportunity to present written and oral evidence. Witnesses shall be under oath. 6. The board shall rule on the admissibility of evidence. Legal rules of evidence shall not apply. 7. Each side shall receive a copy of the written evidence and have the opportunity to question the witnesses of the other side. 8. There shall be no shorthand or mechanical recording of the hearing. 9. The board members, if City employees, are entitled to carry out all activities connected with the hearing, including preparation for the hearing and preparation of report on City work time. 10. Consistent with the above requirements, the board may establish such additional procedures as it deems necessary to carry out its responsibilities. (d) Board Report: 1. The board shall submit a written report of its findings to the City Manager with copies to the grievant, the appropriate department head and the Director of Personnel. NCFFA YOU 2001-2004 Article 31 - Employee Grievance Procedure Page 47 2. The report shall contain only the following: (a) Recommendation on each specific remedy requested on the grievance form. (b) Findings of fact about the alleged violation(s) by management. (c) The date, time and location of the hearing, the names of witnesses and a copy of all pertinent documents. 3. The board may recommend that no remedy be granted, that the remedy sought be granted or that an alternate remedy be granted. In order to grant some remedy to the grievant, it must be shown to the satisfaction of the board that such remedy is justified by a preponderance of evidence is consistent with the relevant MOU and the grievant met the requirements of the grievance procedure. 4. There shall be only one report from the board. 5. The discussions of the board members are confidential. All copies of materials and working papers of the board members shall be maintained by the Chairperson of the Board for 90 days after the decision of the City Manager is disseminated and then destroyed as soon as practical thereafter. 6. Necessary clerical support for the board shall be made available by the Office of the City Manager. (e) City Manager's Response: The City Manager shall provide written response to both parties and the members of the board on the resolution of the grievance. If the City Manager disagrees with any recommendation of the Board, his written response shall indicate strong and compelling reason(s) for that disagreement. Basis for disagreement may be any one or more of the following: 1. The Board substantially deviated from the hearing procedures. 2. The recommendation is in excess of the remedy sought on the initial grievance submittal. 3. The recommendation is inconsistent with the MOU. 4. The recommendation is inconsistent with the facts as stated in the grievance form and/or the written information provided by the Board. The decision of the City Manager shall be final and not subject to further appeal except for such appeals to the Courts and State or Federal compliance agencies as provided by law. Section 6 Interpretation And Application The Director of Personnel is responsible for the interpretation and application of this grievance procedure. In the event of disagreement with the Director of Personnel's actions or interpretations, the final authority will be the City Manager. The City Manager's determinations on the application and interpretation of the grievance procedure are final and not subject to further appeal or grievance. NCFFA MOV 2001-2004 Article 31 - Employee Grievance Procedure Page 48 Section 7 Implementation If the City later grants binding arbitration as the final step for grievance resolution to the Police Officers' Association, that procedure shall be incorporated into this Article and applied to the members of the Firefighters' Association. NCFFA 111011 2001-2004 SIDE LETTER TO 2001-2004 MOU BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION, IAFF LOCAL 2744 The City of National City (-City') agrees that in the event that the City should decide to create a paramedic program during the term of this Memorandum of Understanding, the City will meet and confer with the National City Firefighters' Association, IAFF Local 2744 ("FFA') regarding the impacts of the decision to create a paramedic program. The FFA agrees that within seven (7) days of ratification of the 2001-2004 Memorandum of Understanding by the City's Council and the FFA's membership, the FFA will file all necessary paperwork with the San Diego County Superior Court to dismiss the FFA's Petition to Compel Arbitration, Case No. GIS 008586 ("Petition") with prejudice. The City and the FFA agree to bear their own costs and attorneys' fees they may have incurred with regard to the Petition. The City agrees that upon ratification of the 2001-2004 Memorandum of Understanding by the City Council's and the FFA's membership, the 2001-2004 Memorandum of Understanding shall be binding on both parties, notwithstanding the provisions of Article 1, Section 2(b) or 2(c) of the 2001-2004 Memorandum of Understanding. The City agrees to disburse retroactive pay to FFA members for fiscal year 2001-2002 pursuant to Article 22 of the 2001-2004 Memorandum of Understanding, on the second pay date after ratification of the 2001-2004 Memorandum of Understanding by both the City's Council and the FFA's membership. CTTY M. AG Date 4/e//Z FFA PRESIDENT i Date REPRES ATIVE Date FFA .ESENTATTVE ate —49— JOHN McBRIDE ROBERT E. JESINGER KATHRYN A. SURE CHRISTOPHER E. PLATTEN MARK S. RENNER CAROL L KOENIG CHRISTINA C. BLEULER 2125 CANOAS GARDEN AVENUE, SUITE 120 RICHARD J. WYLIE Direct Dial Number SAN JOSE, CALIFORNIA 95125 Of Counsel 408.979.2933 Ed. 206 c_platter@wmjsp.com TELEPHONE 408.979.2920 FACSIMILE 408.979.2934 April 9, 2002 Via Email & U.S. Mail Roger C. DeFratis, Personnel Director City of National City 1243 National City Blvd. National City, CA 91950 Re: IAFF Local 2744 and The City of National City (2001 Contract Negotiations) Dear Roger: This confirms that my client IAFF Local 2744 recognizes the City's past practice with respect to the Fair Labor Standards Act as follows: FLSA compensable hours shall be defined as hours actually worked as opposed to all paid time (e.g., sick leave, §4850 time, etc.). This also confirms that with respect to retroactive pay adjustments, the City shall be required upon adoption of the proposed Memorandum of Understanding to conduct retroactive pay calculations for active employees and employees who have retired since the effective date of the proposed MOU, but not for individuals who have left employment with the City other than by retirement from service for either disability or service reasons. If you have any questions concerning the foregoing, please do not hesitate to contact me. Very truly yours, CHRISTOPHER E. PLATTEN CEP:Imt cc: Mark Beveridge, President IAFF Local 2744 (via email) Daniel C. Cassidy, Esq. (via email) Steven M. Berliner, Esq. (via email) Ken Heredia (via email) i:\2774170825\cor\defratis2