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HomeMy WebLinkAboutFFA MOU Jan 1 2014 through June 30 2015CITY OF NATIONAL CITY ATIONAL -. oNCORPORATRD MEMORANDUM OF UNDERSTANDING BETWEEN CITY OF NATIONAL CITY CALIFORNIA and NATIONAL CITY FIREFIGHTERS' ASSOCIATION AGREEMENT PERIOD JANUARY 1, 2014 - JUNE 30, 2015 MEMORANDUM OF UNDERSTANDING CONCERNING WAGES AND OTHER TERMS AND CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION FOR THE FOLLOWING PERIOD OF TIME: JANUARY 1, 2014 — JUNE 30, 2015 The representatives of the City Manager of the City of National City, for and on behalf of the City Council of the City 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 15, 2014, by Resolution No. 2014-53. For the CITY: LESLIE DEESE FRANK PARRA D' of Emergency Services STON Executive Director/Representative MARK ROBERTS Director of Finance For the NCFFA: STUAR Chief Ne LAFRENIERE presentative SERGIO MORA epresentative BRIAN KREPPS NC F A epresentative rHRISTOPHER PETERS NC A Represent:�tiu OTT ROBINSON NCFFA Representative TABLE OF CONTENTS ARTICLE 1 - RECOGNITION/IMPLEMENTATION 4 ARTICLE 2 - WORK WEEK 5 ARTICLE 3 - UNIFORM ALLOWANCE 7 ARTICLE 4 - ACTING ASSIGNMENTS 8 ARTICLE 5 - HOLIDAYS 9 ARTICLE 6 - LEAVE ELIGIBILITY AND PROCEDURE 11 ARTICLE 7 - ANNUAL VACATION LEAVE 12 ARTICLE 8 - MILITARY LEAVE 14 ARTICLE 9 - FAMILY CARE LEAVE 15 ARTICLE 10 - COURT LEAVE 16 ARTICLE 11 - SICK LEAVE WITH PAY 17 ARTICLE 12 - COMPENSATION PLAN 22 ARTICLE 13 - "Y" RATE 24 ARTICLE 14 - FORTY -HOUR ASSIGNMENT PAY 25 ARTICLE 15 - REVISION OF THE COMPENSATION PLAN 26 ARTICLE 16 - OVERTIME 27 ARTICLE 17 - LONGEVITY PAY 28 ARTICLE 18 - EMPLOYEE AND DEPENDENT HEALTH & DENTAL INSURANCE 29 ARTICLE 19 - EMPLOYEE LIFE INSURANCE 31 ARTICLE 20 - LONG TERM DISABILITY INSURANCE 32 ARTICLE 21 - PUBLIC EMPLOYEES' RETIREMENT SYSTEM 33 ARTICLE 22 - SALARIES 34 ARTICLE 23 - CALL BACK AND STANDBY/ON-CALL 35 ARTICLE 24 - SHIFT EXCHANGES 36 ARTICLE 25 - TRAINING 37 ARTICLE 26 - COMPANY -LEVEL STAFFING 38 ARTICLE 27 - MANAGEMENT RIGHTS 39 ARTICLE 28 - TERMS OF PROVISIONS 40 ARTICLE 29 - DEFINITIONS 41 ARTICLE 30 - EMPLOYEE GRIEVANCE PROCEDURE 44 ARTICLE 31 - PARAMEDIC ASSESSMENT COMPANY 51 ARTICLE 32 - DEFERRED COMPENSATION 53 3 NCFFA Agreement January 1, 2014 —June 30, 2015 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 ▪ Fire Engineer Fire Captain ▪ Battalion Chief 4 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, to formally approve and adopt said Memorandum. b) The City Council acts to appropriate the necessary funds required to implement the provisions of this Memorandum that 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. 4 NCFFA Agreement January 1, 2014 — June 30, 2015 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 shift change shall occur at 0800 (8:00 a.m.). Sunday routine shall be as follows: The hours from 0800 to 1300 hours shall be regular operations. After 1300 hours shall be considered stand by time and operations personnel are not expected to perform work of a non -emergency nature. (B) Forty Hour Assignment - Forty (40) hours shall constitute the normal work week for personnel temporarily assigned to the operations, 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. (C) 9/80 Assignment - Employees on a forty hour assignment are eligible to participate in the "Alternative 9/80 Work Schedule" if approved by the Fire Chief or designee. The parties agree that 9/80 alternative work schedule will continue to be monitored and the City retains the right to discontinue the 9/80 schedule so long as the City provides the employee and FFA with thirty (30) days advance notice and provides FFA with a reasonable opportunity to meet and confer on the change. The standard work schedule for an employee on 9/80 work schedule shall be nine (9) hour days four days per calendar week plus one eight (8) hour Friday once every two calendar weeks. The work week is a 168 hour (i.e. seven 24-hour periods) commencing at the mid- point of the employee's 8-hour Friday. Due to this work week, and to ensure the 9/80 schedule does not impact overtime, an employee working his regular 9/80 work schedule shall not be entitled to overtime. Leave time (including admin, vacation and sick) will continue to be accrued at the same rate, but will be taken in accordance with however many hours of work are missed. Holidays and floating holidays falling on a employee's 9-hour day will continue to be compensated at a rate of eight (8) hours of the employee's regular rate of pay and employees will have the option of using accrued leave time (vacation, floater, admin or comp time) for the additional hour. When a holiday falls on an employee's Friday off, the day will be accrued as a floater to be taken at a later date. These floaters must be used prior to the end o the fiscal year in which the floater was earned. The use of the floater is subject to supervisor approval like other requests to use leave time. If workload and staffing issues, as determined by the supervisors, create a situation in which a holiday leave floater cannot be used by the end of this fiscal year, the holiday leave floater can be carried over to the next fiscal year. 5 NCFFA Agreement January 1, 2014 — June 30, 2015 (D) 4/10 Assignment - Employees on a forty (40) hour assignment are eligible to participate in the "Alterative4/10 work schedule", subject to approval of the Fire Chief. (E) Assignment Allotment - For the term of the alternative 9/80 and 4/10 work schedule, suppression personnel temporarily assigned to a forty hour workweek shall be entitled up to an additional 14 hours of vacation during the calendar year for temporary assignment. The additional hours will be pro -rated (i.e., not eligible for hours on holidays already passed), and may be rescinded if unused upon return to a 56 hr schedule. (F) Permanent Employees - shall be entitled up to 26 hours of allotment time during the calendar year to offset holiday time off requirements. This time will be pro -rated based on assignment, 9/80 or 4/10 workweeks. 6 NCFFA Agreement January 1, 2014 —June 30, 2015 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 $650 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. The uniform allowance will be included in the first full pay period in July as part of the applicable payroll check. 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 Upon successful completion of probation the City will provide each employee one "Class A" dress uniform, consisting of the following: • Jacket • One pair of pants • Shirt • Shoes • Tie • Hat • Collar device • Badge holder • Belt • Applicable piping Employees on probation may purchase a "Class A" uniform from the City's supplier. Upon successful completion of probation, the permanent employee will be eligible for reimbursement, up to the City's cost for "Class A" uniforms. 7 NCFFA Agreement January 1, 2014 — June 30, 2015 ARTICLE 4 - ACTING ASSIGNMENTS Employees may be temporarily assigned to a higher classification when temporary vacancies caused by factors including but not limited to illness, vacations and separations prohibit the department from achieving the staffing levels prescribed under Article 26, Company -Level Staffing. In such cases of absences, the department shall make reasonable effort to find and utilize department personnel of the same rank. When personnel of the same rank are unavailable or such use is impractical as determined by the department director, acting appointments may be made as allowed under Civil Service Rule 407.5. When vacancies are the result of employee separation, the department will make every effort to backfill the position as quickly as possible and in a manner consistent with City Policy and Civil Service Rules. Eligibility Fire Department personnel may be eligible to assume acting assignments under the following conditions: 1. The employee is on an active eligible list promulgated by the Human Resources Department for the classification to be filled. 2. In the absence of an active eligible list: a) The employee was on the more recently expired eligible list for the classification to be filled. b) The individual has been certified by the department as meeting requirements of the position to be filled. Compensation Acting assignments shall be compensated at a rate of 5% above the base salary of the employee assuming the acting assignment. Acting assignments continuing beyond six months shall be compensated at 10% above base pay effective at six months and one day for the remaining duration of the acting assignment. 8 NCFFA Agreement January 1, 2014 —June 30, 2015 ARTICLE 5 - HOLIDAYS Section 1 Eligible suppression personnel temporarily assigned to a forty (40) 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. 2"d 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 s' 6. 2. Martin Luther King - 3'd Monday in January 7. 3. Cesar Chavez Birthday - March 31' 8. 4. Memorial Day - Last Monday in May 9. 5. Independence Day - July 4'1' 10. Labor Day - 1St Monday in September Thanksgiving Day - 4th Thursday in November Day after Thanksgiving Christmas Eve Day - December 24th Christmas Day - December 25th Also each employee permanently assigned to 40 hour/week shall be credited with four (4) floating holidays at the start of each fiscal year and pro -rated according to date of hire for new employees. 1. Lincoln's Birthday - February 2. Washington's Birthday - 3rd Monday in February 3. Columbus Day - 2"d Monday in October 4. Veterans' Day - November 111" 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. 9 NCFFA Agreement January 1, 2014 —June 30, 2015 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. 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 workdays: 1. New Year's Day — January 1 s' 2. Memorial Day — 4th Monday in May 3. 2nd Sunday in April 4. Independence Day — July 4th 5. Labor Day — 15' Monday in September 6. Thanksgiving Day — 4th Thursday in November 7. Christmas Day — December 25th 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 oft, Battalion Chiefs 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. Section 6 Forty (40) hour employees on a 40 hour schedule shall accrue vacation as per Article 7 of the MOU. Employees working a 9/80 schedule ere entitled to one (1) additional hour of vacation to be utilized and reported on each holiday taken. Employees working a 4/10 schedule are entitled to two (2) additional hours of vacation to be utilized and reported on each holiday taken. 10 NCFFA Agreement January 1, 2014 — June 30, 2015 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 9) Section 2 Request for Leave All requests for leaves of absence, whether with or without pay, shall be submitted in advance and consistent with current Department policy and practice, 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. 11 NCFFA Agreement January 1, 2014 — June 30, 2015 ARTICLE 7 - ANNUAL VACATION LEAVE Section 1 All employees shall be entitled to annual vacation leave with pay. Section 2 Accrual Rates All personnel shall be governed by the following vacation accrual rates per pay periods of service: Pay Cycles Fire Suppression Personnel 40-Hour Assignment TEMPORARY 40-Hour Assignment PERMANENT 0 - 130 pay cycles 5.54 hrs. p/pay cycle 3.96 hrs. p/pay cycle 3.08 hrs. p/pay cycle 131 - 390 pay cycles 7.39 hrs. p/ pay cycle 5.28 hrs. p/pay cycle 4.62 hrs. p/pay cycle 390+ pay cycles 9.24 hrs. p/ pay cycle 6.6 hrs. p/pay cycle 6.15 hrs. p/pay cycle Section 3 40-hour Assignment 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). 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 may use any accrued vacation in accordance with the Department's Standard Operating Procedures Manual. 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 time's annual accrual. Vacation accrual will discontinue upon reaching the maximum until the employee reduces vacation accumulation. The maximum allowable accruals are as follows: 12 NCFFA Agreement January 1, 2014 — June 30, 2015 Section 5 Maximum Vacation Accumulation (continued) 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 year's service. 428 hours for permanent 40-hour safety employees with fifteen (15) plus year's 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, and effective March 12, 1985. Copy attached. (Reference Article 26, Section 4) Firefighters shall not be required to supply vacation relief. 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 sellback accrued vacation may be submitted for approval by the Fire Chief. 13 NCFFA Agreement January 1, 2014 —June 30, 2015 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, shall 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. 14 NCFFA Agreement January 1, 2014 — June 30, 2015 ARTICLE 9 - FAMILY CARE LEAVE Refer to Citywide Council Policy on Family Leave Policy. 15 NCFFA Agreement January 1, 2014 —June 30, 2015 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 of 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. 16 N C F FA Agreement January 1, 2014 —June 30, 2015 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 hours of sick leave per pay cycle. 2. Accumulated Sick Leave: Each permanent or probationary 56-hour employee covered by this Memorandum shall, on June 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. 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 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 (61'1) consecutive day of illness, utilize provisions of Article 20 herein, Long Term Disability Insurance. 17 NCFFA Agreement January 1, 2014 —June 30, 2015 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 that incapacitates the employee for work. 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 must follow applicable Department staffing procedures. 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. 4. 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. 18 NCFFA Agreement January 1, 2014 — June 30, 2015 Section 6 Physician's Statement Required (continued) 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 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 percent (50%) 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. 19 NCFFA Agreement January 1, 2014 — June 30, 2015 Section 13 Sick Leave Incentive Pay (continued) 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 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 (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 percent (50%) 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 Hours that may be converted at annual base salary 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 1 s`) 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 make the full sick leave incentive payment in the paycheck for the first full pay period in August. Pay will be computed based on the employee's salary step on June 30 of the preceding fiscal year. 20 NCFFA Agreement January 1, 2014 — June 30, 2015 Section 13 Sick Leave Incentive Pay (continued) (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. 21 NCFFA Agreement January 1, 2014 — June 30, 2015 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 that 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 2°d 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. (D) The fourth salary step: When 13 full pay cycles are completed at the 3`d 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. 22 NCFFA Agreement January 1, 2014 — June 30, 2015 Section 2 Salary Steps (continued) (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 depar truent 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. 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 advancement to the promotional step that is equal to but not less than 5% above the employee's current base rate of pay. Promotions may be made at a higher step with the concurrence of the department director, the City Manager and the Human Resources Director. (G) The provisions of this Article are based upon the schedules adopted by the City Council. 23 NCFFA Agreement January 1, 2014 —June 30, 2015 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: 1. 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. 2. 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". 24 NCFFA Agreement January 1, 2014 —June 30, 2015 ARTICLE 14 - FORTY -HOUR ASSIGNMENT PAY Those employees classified as: 1. Firefighter (excluding new trainees in the fire academy); or 2. Fire Engineer; or 3. Fire Captain; or 4. Battalion Chief And temporarily assigned to a forty (40) hour assignment, shall receive a ten percent (10%) pay differential for the duration of said assignment. The assignment pay is intended for Fire Department mission -related objectives and assignments; not to compensate light duty personnel for the loss of overtime pay. 25 NCFFA Agreement January 1, 2014 —June 30, 2015 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: 1. If the maximum salary is raised, the step at which the employee will be paid shall not be affected thereby. 2. 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. 26 NCFFA Agreement January 1, 2014 — June 30, 2015 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 exemptions contained in the Fair Labor Standards Act to coincide with the City's regular pay periods. Effective with the first pay period after ratification and approval of this MOU by the City Council, time worked outside of an employee's regularly scheduled shift shall be compensated at an employee's overtime rate. Authorized paid leave (including but not limited to vacation leave, administrative, compensatory leave and sick leave) will be counted as time worked for purposes of calculating overtime. 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. Time off shall be requested and must be approved at least seven (7) days prior to the requested date of absence. 5. An employee may use compensating time in advance of accruing it with the Fire Chiefs 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. 7. The maximum consecutive hours worked by any employee shall be based on the follow criteria: a) Strike team — as needed b) For unplanned absences such as sick leave, 4850 and unexpected vacancies, time worked shall not exceed 72 hours consecutive except with prior approval of the Chief of the department c) For known or planned absences such as shift exchanges or vacation relief, time worked shall not exceed more than 72 hours except with prior approval of the Chief of the department. d) The City and FFA are in agreement that a forced hire shall be allowed to complete the 72 hour - shift with allowable rest periods rather than commute both to and from work and home during the 12 hour off period. Time worked: Monday Tuesday Wednesday 24 hour 12/12 hour 24 hour Authorization shall be received prior to working a 72 hour consecutive period by the Chief of the Department or by his/her designee. The City and the FFA recognize that safety is of the utmost importance and mutually agree to put safety first, but also understand that staffing shortages may require forced holdovers in certain circumstances. 27 NCFFA Agreement January 1, 2014 — June 30, 2015 ARTICLE 17 - LONGEVITY PAY In addition to other compensation paid for the services of employees, longevity pay for continuous and uninterrupted service shall be applied as follows: continued at same level for those employees receiving longevity pay as of 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 payment of $15.00 per month; (c) After fifteen (15) years of continuous and uninterrupted service the sum payment of $20.00 per month; (d) After twenty (20) years of continuous and uninterrupted service the sum payment of $25.00 per month; (e) After twenty-five (25) years of continuous and uninterrupted service the sum payment $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. 28 NCFFA Agreement January 1, 2014 —June 30, 2015 ARTICLE 18 — EMPLOYEE AND DEPENDENT HEALTH & 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 that 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 Effective February 1, 2011, the City shall contribute the following amounts for health and dental benefits: Employee only $457.56 per month Employee and one dependent $736.80 per month Employee plus 2 or more dependents $1,029.81 per month Effective February 1, 2012, and in each following health plan year, the City's new contribution obligation shall be the monthly amounts from the prior health plan year plus 50% of any increase in the applicable Kaiser rate and least costly dental rate. 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. A qualifying retiree may receive these contributions even if not enrolled in a City health plan, so long as the retiree annually provides the City with written proof (e.g. a copy of health insurance invoice and payment) that the retiree is using the contributions to pay for health premiums and understands that the retiree is solely responsible for any taxes that might be due as a result of the City's contributions. 29 NCFFA Agreement January 1, 2014 — June 30, 2015 Section 4 Retiree Health Benefit (continued) 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. Section 5 The City and Association agree to meet and discuss during the term of this contract with the City's health care broker to attempt to develop a Health Savings Account (HSA), or similar option for employees. The parties shall make a good effort to include an HSA, or similar option in the 2012 benefit year. 30 NCFFA Agreement January 1, 2014 —June 30, 2015 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 $50,000 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. 31 NCFFA Agreement January 1, 2014 —June 30, 2015 ARTICLE 20 - LONG TERM DISABILITY INSURANCE It is the intent of this article to provide an income protection plan to firefighter employees who are unable to work because of non -work related injury, illness or disability. (A) The Firefighters' Association, at its option, may change insurance carriers and/or plan benefits for its 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 employees 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. 32 NCFFA Agreement January 1, 2014 — June 30, 2015 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 currently provides the 3% at 50 with "Highest Single Year" PERS Retirement Benefit to represented employees. Effective January 1, 2011, all represented employees shall pay 3% of the PERS employee contribution rate. Effective the first full pay period in July 2012, all represented employees shall pay a total of 6% of the PERS employee contribution rate. Effective the first full pay period in July 2013, all represented employee shall pay the full 9% PERS employee contribution rate. Prior to the first full pay period in July 2013, the City will report the City paid Employee Paid Member Contribution of the employee's share as gross pay for purposes of highest single year retirement benefit. With regard to the 3% contribution owed retroactive to January 1, 2011, employees shall be permitted to make these payments in equal amounts among the pay periods beginning with the first full pay period following Council adoption of this MOU through the pay period ending December 1, 2011. The City will in the future provide to represented employees hired after the later of either July 1, 2011 or the date on which the new retirement benefit can be made effective by PERS with the 3% at 55 with "Highest Single Year" PERS retirement benefit. Employee receiving the 3% at 55 retirement benefit shall pay the full 9% PERS employee contribution rate. 33 NCFFA Agreement January 1, 2014 — June 30, 2015 ARTICLE 22 - SALARIES Section 1 The City of National City strives whenever fiscally prudent to provide fire suppression personnel with total compensation comparable to the average of the 18 City Fire Departments in the County of San Diego. The City and NCFFA will mutually agree upon the compensation study. Compensation will not increase during the term of this MOU. Section 2 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. Section 3 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. 34 NCFFA Agreement January 1, 2014 —June 30, 2015 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 (11h) 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. 35 NCFFA Agreement January 1, 2014 —June 30, 2015 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 Chiefs 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. Refer to article 16 Overtime for consecutive hours worked criteria. 4. Working in excess of twenty-four (24) hours will not be cause for denial. 36 NCFFA Agreement January 1, 2014 — June 30, 2015 ARTICLE 25 - TRAINING Section 1 Training EMT Training — The City will determine if EMT/FS certification is required for all classifications covered by this agreement. If the EMT/FS requirement is maintained, all training and re -certification will be provided on City time (during regularly scheduled work hours). In the event that EMT/FS is not required by the City, any requirement to obtain or maintain EMT/FS 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 that 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 $1,000 per employee, per fiscal year with a maximum pool of training funds per fiscal year of $15,000 for FFA represented employees, 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 detertnining 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. (D) If a letter grade is given, the course must be passed with a grade of "C" or better. If taken on pass/fail basis, employee must pass course(s) taken. If no grade or pass/fail is given, then reimbursement shall be given upon presentation of successful completion of training. (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 above requirements and paid from the fund for the fiscal year in which the course is paid by the employee. 37 NCFFA Agreement January 1, 2014 — June 30, 2015 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. Temporarily staffing engine companies at higher levels is addressed in Section 8. 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 illness, on the job -incurred injury or illness or natural disasters. Section 4 In the event a Battalion Chief is on vacation, an attempt must be made to fill the vacancy with a rated Battalion Chief. 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 Refer to Overtime article 16 for consecutive hours worked criteria. 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) Battalion Chief. Temporarily increasing minimum daily staffing is addressed in Section 8. Section 7 The City is committed to enhancing service levels and evaluating the impact of constant manning for the betterment of its residents and the NCFFA who serve them. Section 8 Each Command Vehicle will be staffed with one (1) rated fire Battalion Chief. 38 NCFFA Agreement January 1, 2014 —June 30, 2015 ARTICLE 27 - MANAGEMENT RIGHTS Except --and only to the extent --that specific provision of this Agreement expressly provides 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. 39 NCFFA Agreement January 1, 2014 — June 30, 2015 ARTICLE 28 - TERMS OF PROVISIONS The provisions of this Memorandum of Understanding shall be effective and binding from January 1, 2014 through June 30, 2015. This MOU is subject to all future and current applicable Federal or 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 that 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. 40 NCFFA Agreement January 1, 2014 —June 30, 2015 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 on authorized leave of absence from such a position with the right to return to his position. Employee shall include OFFICER. IMMEDIATE FAMILY — Immediate family shall include the husband, wife, domestic partner (as defined by and registered with the California Secretary of State), mother and father of husband and wife and domestic partner, son, daughter, brother and sister of the employee, or any relative by blood or marriage or domestic partnership residing in the 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. PAY CYCLE — Two -week period for pay purposes. 41 NCFFA Agreement January 1, 2014 —June 30, 2015 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 eligible; 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. SALARY RATE — Shall mean a specific dollar amount, expressed as 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. 42 NCFFA Agreement January 1, 2014 —June 30, 2015 TEMPORARY ASSIGNMENT — Assignment of personnel to a 40-hour workweek 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. 43 NCFFA Agreement January 1, 2014 —June 30, 2015 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 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. 44 NCFFA Agreement January 1, 2014 — June 30, 2015 Section 2 Identification of Participants (continued) (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. Result 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. 45 NCFFA Agreement January 1, 2014 —June 30, 2015 Section 3 Scope of Grievance Procedure (continued) (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). 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. (II) 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. 46 NCFFA Agreement January 1, 2014 —June 30, 2015 Section 4 Special Provisions of the Grievance Procedure (continued) (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 the normal time limits or extended time limits obtained in writing by mutual agreement. (J) Refection: 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 Step(s): 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 An employee submitting a grievance shall follow the following procedure: 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 shall give a decision to the employee verbally. 47 NCFFA Agreement January 1, 2014 — June 30, 2015 Section 5 Grievance Procedure Steps (continued) 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: (a) 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. (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. (c) 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. 48 NCFFA Agreement January 1, 2014 —June 30, 2015 Section 5 Grievance Procedure Steps (continued) 7. Each side shall receive a copy of the written evidence and have the opportunity to question the witnesses of the other side. 8. The parties shall have the right to record hearings by audio recorders or, by mutual agreement, by court reporter. 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. 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. 49 NCFFA Agreement January 1, 2014 — June 30, 2015 Section 5 Grievance Procedure Steps (continued) (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. 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. 50 NCFFA Agreement January 1, 2014— June 30, 2015 ARTICLE 31 - PARAMEDIC ASSESSMENT COMPANY Section 1 Definition A Paramedic Assessment Company consists of a fire apparatus with advanced life support capability (ALS) staffed by a Fire Captain, Fire Engineer and Firefighters. Paramedics (EMT-P) on the assessment company shall carry out duties as defined by the appropriate San Diego County and State of California Emergency Medical Services (EMS) agencies. Section 2 Funding Costs of the Paramedic Assessment Company program are paid from reimbursements for services provided by the Fire Department to the City's Ambulance Transportation Services Program. Costs are to include licensing, continuing education, supplies, compensation and any other costs directly attributed to the program. On an annual basis, the City Manager's Office shall assign staff to conduct a study to evaluate the fiscal sustainability of this program. If reimbursements become insufficient to meet the cost of implementing and maintaining this program, the City shall have sole discretion to suspend the program until funding becomes sufficient. Section 3 Components of the Program Eligibility - Employees will be eligible for the Paramedic program only upon successful completion of their probationary period with the City of National City. Lateral or new hires with current Paramedic certification will be eligible for Paramedic duty after six (6) months of work with the City of National City. RE: Promotions — EMT-P licensing shall not be considered grounds to disqualify not restrict employees from pursuing promotional opportunities within the Department. Required length of service: Employees entering the program agree to maintain their EMT-P status for a four year (4) period. After this four (4) year period, an EMT-P may end participation in the program only if qualified EMT-P replacement is available and by submitting a written resignation from the program ninety (90) days prior. In the case of simultaneous resignation requests, resignation will be based on seniority. Upon resignation, EMT-P compensation and reimbursements shall end. Reimbursement to the City: Employees who gain EMT-P certification as a function of their employment with the City have an obligation to provide EMT-P services to the City for a period of four (4) years from the time they receive EMT-P certification. Employees, who voluntarily resign from City employment before four (4) years, will be obligated to reimburse the City for all costs associated with EMT-P training. Extenuating circumstances that require an individual to leave the program or leave City employment prior to completing his or her four (4) year commitment may be considered on a case -by -case basis before assessing the reimbursement costs. 51 NCFFA Agreement January 1, 2014 — June 30, 2015 Section 4 Paramedic Specialty Compensation & EMT Compensation - Paramedic Assessment Company Upon licensing and for as long as they remain in the Paramedic program, employees holding the EMT-P license shall receive an additional 15% pay bi-weekly, calculated at their current wage step. EMT-P employees shall be compensated at the rate of one and a half (1'/i) times for continuing education outside of regular work hours. This compensation will not exceed the minimum forty (40) hours of continuing education required by the State every two years to maintain EMT-P status. EMT Compensation - Paramedic Assessment Company: EMT employees who are not EMT-P's assigned to a paramedic assessment company, shall receive an additional 1 `/ % pay bi-weekly, calculated at their current wage step. Section 5 Implementation Current Fire Department employees holding a current Paramedic certification will be eligible to receive Paramedic Specialty Compensation upon approval of NCFD Paramedic program by the County of San Diego, EMS Division. 52 NCFFA Agreement January 1, 2014 —June 30, 2015 ARTICLE 32 - DEFERRED COMPENSATION Outside of the MOU upon ratification of this contract the City agrees to allow the FFA employees to transfer their deferred compensation package from ICMA to Nationwide within six months. FFA employees shall have the option to enroll in either the ICMA or the Nationwide plan but not both. The City will not agree to any enhancements to the Nationwide plan that would jeopardize the tax exempt status of the City's current plan with the IRS. 53 NCFFA Agreement January 1, 2014 —June 30, 2015 RESOLUTION NO. 2014 — 53 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION FOR THE PERIOD OF JANUARY 1, 2014 THROUGH JUNE 30, 2015 WHEREAS, the labor agreement between the City of National City and the National City Firefighters' Association ("NCFFA") expired January 1, 2014; and WHEREAS, in November 6, 2013, City representatives and representatives of the NCFFA began meeting and conferring in good faith for the purpose of negotiating a new agreement; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq.; and WHEREAS, negotiations with the NCFFA has resulted in a tentative agreement for a Memorandum of Understanding for the period of January 1, 2014 through June 30, 2015. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The City Manager is hereby authorized to enter into a Memorandum of Understanding (MOU) between the City of National City and the National City Firefighters' Association for the period of January 1, 2014 through June 30, 2015. Said Memorandum of Understanding shall be on file in the Office of the City Clerk, and reference is made thereto for all particulars contained therein. Section 2. The City Manager is hereby directed to reflect the compensation plan as set forth in the subject MOU in the final budget for Fiscal Year 2014-2015. PASSED and ADOPTED this 15th day of April, 2 n Morrison, Mayor ATTEST: h el R. Dalla, Ci OV * S TO FORM: is G City Attorne itua Silva Mich Clerk Passed and adopted by the Council of the City of National City, California, on April 15, 2014 by the following vote, to -wit: Ayes: Councilmembers Natividad, Rios, Sotelo-Solis. Nays: Councilmembers Cano, Morrison. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City City ational City, California CI rk of the of By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2014-53 of the City of National City, California, passed and adopted by the Council of said City on April 15, 2014. City Clerk of the City of National City, California By: Deputy r CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT METING DATE: April 15, 2014 AGENDA ITEM NO. 24 ITEM TITLE: Resolution of the City Council of the City of National City Approving the Memorandum of Understanding (MOU) between the City and the National City Firefighters' Association PREPARED BY: Stacey Stevenson PHONE: 336-4308 EXPLANATION: DEPARTMENT: Human Resources APPROVED BY The labor agreement between the City of National City and the National City Firefighter's Association (NCFFA) expired December 31, 2013. Since November 6, 2013 City representatives and FFA representatives have been meeting and conferring in good faith for the purpose of negotiating a new agreement. On March 29, 2014 the NCFFA membership voted to ratify the terms of an eighteen month agreement, retroactive to January 1, 2014 as set forth by the negotiating teams. A complete summary of the terms of the agreement is attached. FINANCIAL STATEMENT: ACCOUNT NO. 001-412-125-102-0000 (Overtime) $48,650 001-412-125-140-0000 (Workers' Compensation) $ 4,080 001-412-125-161-0000 (Medicare) $ 700 Total estimated cost for the term of the agreement: $53,430 APPROVED: APPROVED: ENVIRONMENTAL REVIEW: This is not a project and, therefore, is not subject to environmental review. ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt the resolution, approving the terms of the 18 month agreement reached between the City of National City negotiating team and the City of National City Firefighters' Association. BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: Resolution Terms of Agreement — "Strike Out Version" Terms of Agreement — "Clean Version" Annual Leave, Article 7, Section 4 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 e -temay use a minimum of one (1) year':,any accruedal evacation in accordance with the Department's Standard Operating Procedures Manual. g-each f' 1 id:.bmit� ided .. City and 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. Salaries, Article 22, Section 1, 2 and 3 Section 1 The City of National City strives whenever fiscally prudent to provide fire suppression personnel with total compensation comparable to the average of the 18 City Fire Departments in the County of San Diego County oitioa. The City and NCFFA will mutually agree upon the compensation study. Compensation will not increase during the term of this MOti. Section-2 1 h I1 tie stie nd o f $ I 250 efff ct: a the first full d f,llo YeJ Y^ ,mona the first two (2) years of the MOU, but employees shall receive a 24'e wage increase effective the first full pay period in July 2013. Section-3 rent l in thi ich stated a., fnows: to the annual San Diego County All Consumers CPI * ind ' be chm rk of fa 2007. Ff ' b g the first full od i., of 2007 e �. City Fire Departments in the County of San Diego. -2- De\Doee...ents and Settings \davis t\Deaktop\DRAFT-' kty'c 8-1319Ma1-4---Ta �+ MP it1811 7823 9001 vl C'\Docomenls and Settin,s\Davis-T\Desktop\City's DRAFT Tentative Agreement' - Fire Negotaitions doe Labor Negotiations Between National City Firefighter's Association ("NCFFA") and City of National City ("City") Tentative Agreement Provided by City on March j2014 In accordance with Ground Rule 5, the City and NCFFA with the following tentative agreement for a successor MOU. Term of Provisions, Article 28 The provisions of this Memorandum of Understanding shall be effective and binding from January 1, 2011 2,Qiithrough June 30, 201320 l5 This MOU is subject to all future and current applicable Federal or 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 Jaws 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 that 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. Overtime, Article 16, Section 3 The City of National City has elected a 28-day work period for fire suppression employees under the 7K exemptions contained in the Fair Labor Standards Act to coincide with the City's regular pay periods-- " LffeslLe the first nay period after ratjf e�tioitd approval of this MOl l time w n ein ilarly s eduled shift shall be compensated at an employee's overtim rate Authorized paid leave lincludina b t not limited to vacationJa itOmini trativ com.en ato Jeave and sick leave) will be counted as time worked for purposes of cakculatine overtime 1411441114-7823-9001-44 j'„nncene and_Settkurnpavis-IlnedtoolCitv's DRAFF Tentative Alinement! - Fire Pleenteitkw.uk try a > a f a f January• a Cemparables: Section 31. 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. Section da 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. This Tentative Agreement incorporates ail other terms in the expiring MOU between the City and NCFFA, approved by the City Council on August 16, 2011 by Resolution No. 2011-184. Agreed: For the City -3 For the NCFFA 7#41.,Z2-42- 64-m5 1 FP CMocummis and Seninm{Davla-]1Dee Chub DRAFT_TernaliveAateentanil - Firt Nerroueilinns.doq Labor Negotiations Between National City Firefighter's Association ("NCFFA") and City of National City ("City") Tentative Agreement Provided by City on March 13, 2014 In accordance with Ground Rule 5, the City and NCFFA with the following tentative agreement for a successor MOU. Term of Provisions, Article 28 The provisions of this Memorandum of Understanding shall be effective and binding from January 1, 2014 through June 30, 2015. This MOU is subject to all future and current applicable Federal or 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 that 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. Overtime, Article 16, Section 3 The City of National City has elected a 28-day work period for fire suppression employees under the 7K exemptions contained in the Fair Labor Standards Act to coincide with the City's regular pay periods. Effective the first pay period after ratification and approval of this MOU by the City Council, time worked outside of an employee's regularly scheduled shift shall be compensated at an employee's overtime rate. Authorized paid leave (including but not limited to vacation leave, administrative, compensatory leave and sick leave) will be counted as time worked for purposes of calculating overtime. Annual Leave, Article 7, Section 4 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 may use any accrued vacation in accordance with the Department's Standard Operating Procedures Manual. -1- MP #4851-7581-9545 v1 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. Salaries, Article 22, Section 1, 2 and 3 Section 1 The City of National City strives whenever fiscally prudent to provide fire suppression personnel with total compensation comparable to the average of the 18 City Fire Departments in the County of San Diego. The City and NCFFA will mutually agree upon the compensation study. Compensation will not increase during the term of this MOU. Section 2. 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. Section 3 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. This Tentative Agreement incorporates all other terms in the expiring MOU between the City and NCFFA, approved by the City Council on August 16, 2011 by Resolution No. 2011-184. Agreed: For the City For the NCFFA -2- MP #4851-7581-9545 vl RESOLUTION NO. 2014 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF NATIONAL CITY AND THE NATIONAL CITY FIREFIGHTERS' ASSOCIATION FOR THE PERIOD OF JANUARY 1, 2014 THROUGH JUNE 30, 2015 WHEREAS, the labor agreement between the City of National City and the National City Firefighters' Association ("NCFFA") expired January 1, 2014; and WHEREAS, in November 6, 2013, City representatives and representatives of the NCFFA began meeting and conferring in good faith for the purpose of negotiating a new agreement; and WHEREAS, said meet and confer was conducted pursuant to California Government Code Section 3500, et seq.; and WHEREAS, negotiations with the NCFFA has resulted in a tentative agreement for a Memorandum of Understanding for the period of January 1, 2014 through June 30, 2015. NOW, THEREFORE, BE IT RESOLVED as follows: Section 1. The City Manager is hereby authorized to enter into a Memorandum of Understanding (MOU) between the City of National City and the National City Firefighters' Association for the period of January 1, 2014 through June 30, 2015. Said Memorandum of Understanding shall be on file in the Office of the City Clerk, and reference is made thereto for all particulars contained therein. Section 2. The City Manager is hereby directed to reflect the compensation plan as set forth in the subject MOU in the final budget for Fiscal Year 2014-2015. PASSED and ADOPTED this 15th day of April, 2014. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor