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HomeMy WebLinkAboutRESO 62980 !'°) " .... ~ N'AL il'-lvli RESOLUTION NO. a~g~ RESOLUTION OF THE COUNCIL OF 1' ITY OF PALO ALTO AMENDING SE~TION 1501 OF THE MERIT SYSTEM RULES AND REGULATIONS REGARDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALO ALTO AND LOCAL 1319, iNTER- NATIONAL ASSOCIATION OF FIRE FIGHTERS The Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. Chapter 1501 of Chapter 15 of the Merit System Rules and Regulations is hereby amended to read as follows: 1SO1 • llellorandua of understanding incorporated by reference. That certain memorandum of under- standing by and between the City of Palo Alto and Local 1319, International Association of Fire Fighters, consisting of Preambl~ and Article I through XXXIX, being 17 pages in length, for a term commencing July 1, 1983, and expiring June 30, 1985, is hereby incorporate6 into these Merit System Rules and Regulations by reference as though fully set forth he~ein. Said menorandWll. shall apply to all employees in classifications repre- sented by said Local 1319, International Associa- tion of Fire Fighters, excc:pt where specifically ~rovided otherwise herein. In the case of conflict with this chapter and any other provisions of the Merit System Rules and Regulations, this chapter will prevail over such other provisions as to employees represented by said Local 1319, International Association of Fire Fighters. SECTION 2. The changes provided for in this resolution shall not affect any right established or accrued, or any offense or act commit- ted, or any penalty of forfeiture incurred, or any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective dat~ of this resolution. SECTION 3. The Council finds that this is not a project unde~ the .~ Californ1a Environmental Quality Ac~ and, therefore, no environmental impact assessment is necessary. INTRODUCED AND PASSED: August 13, 1984 AYES: NOES: Cobb, Fletcher, Klein, Levy, Renzel, Sutorius, ~itherspoon, Woolley None ABSTENTIONS: Hone ABSENT: Bechtel ~~ M or APPROVED AS ~RM: c;ffh4aUL · ~ city Attorney MEMORANDUM OF AGREEMENT CITY OF PALO ALTO and LOCAL 1319, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS July l, 1983 -June 30, 1985 . \ '· .. • . Ari.icle I II I II IV v VI VII VIII IX x XI XII XIII XIV xv XVI XVII XVI I I XIX xx XXI XXll XXIII XXIV nv XXYI XXVII XXVIII XXIX xxx TABLE OF CCllTENTS Recogn it; on ..........•....•...•....•.............. No Oi scrimination ...•••.•..••....•..••.••.•..•.••• Payro 11 Deductions ...•....•.•••..••........•..•... Union Activities ....••.....•......••.•••.•••••..•. No Strikes ........................................ . Probationary Period ..•....•.•.•..••••.•........... Sa 1 a ry Provisions ................................ . Paramedic Differential ••..•.•••••..••.•....•....•. Annua 1 Adjl!stment ••..•••••••.••••........•..•••... Compensation for Holidays .••••.••••••.•.•...•....• Overtime Compensation ••••••••••••.......•..•..... Minimum Staffing ....... ~ ..... (, .............. ,. ..... . Fire Department Programs •••.•.••••••...•••••••••.. Work Assignments and Transfers ••.•••.•.•••••••.... Training Coordination ••••••••••••••••••.•.••••.... Paramedic Assignment ............................. . Fire Fighter Apprentice rrogram ••••••..•......•••• Promotion to Fire Captain ••.•••••••.•••.•••....... Reduction in Force •.•••••••••.•..•.•••.•.•........ Selective Call Back with Regard to Residency ........................ ,, .......... . Hea 1th Benefits ... , ................................ . Den ta 1 Benef 1 ts ....•.••.....•••••••...•• c. ••••••••• life Insurance ................................... .. Retire•nt Benef1ts .............................. . Retfre111ent Medical Plan .......................... . Vacation Accrual ...... " ............................ . Use of Vacation ............................ -..... . Sick LE:~~e ......................................... . Workers• Compensation ••••.•••.•••••••••••••••••••• Leaves of Absence Without Pay •••......••••••.•.••• Page 1 1 1 2 2 2 3 4 4 4 5 !> 5 6 6 7 7 7 7 7 8 8 8 9 9 g 10 12 12 Ai ticlt! XXXI XXXII XXXIII XXXIV xx xv XXXVI XXXVII XXXYII I XXXIX -2- Leaves of Absence With Pay ....•••••••••••....••..• Tuf t;on Reim~ursesnent ............................... . Per Di em Trave 1 Expenses •••••••••••••••••••••••••• liouse Fund Items ........................ ~ •••••••••••• Parking •.• ~ ........................................ . Grievances I> e •• e e • e e • e • e • e • • • e • e • e e II e 1o II •••• e e • e • • • Safety Co11111i ttee ....•••.•.••.•.......•.•.••.•.•..• Fu 11 Understanding .................................... . C.urati{"n ••••••••• , .•••••••••••••••••.••.••••••••••• 13 14 14 14 14 15 16 17 l7 ·' .. MEMORANDUM OF AGREEMEt:T CITY OF PALO ALTO and l~CAl 131Q, l.A.F.F. July 1, 19~3 -June 10, 19R5 PREAMBLE This MeinorandU!ll of Agreement between the City of Palo Al to, tierei nafter referred to as the "City", and Local 131Q, International Assodation of Fire Fighters, hereinaftl:!r referred to as the 11 tl"lion", has been prepared and entered into in accordance with Title I, D1vision 4, Chapter 10, Sections 3500-3510 of the California r>0vernment Code and Chapter 12 of the Cfty of Palo Alto Merit System Rules and Regulations. ARTICLE I -RECOG~ITION Section I. The City recognizes the Union as the exclusive representative of an employee group consisting sole~J of Fire Apparatus Operators, Fire fighters, Fire Captains, and Fire Inspectors who are regularly employed by the City and others as amended into the representation unit from time to time under existing law an~ the Merit System Rules and Regulations. ARTICLE II -NO DISCRIMINATION section 1. The Union and the City hereby agree that there shall be no discrimination because of race, color, age, handicap, SP.x. national origin, political or religious affiliation under this Agreement. There shall be no discrimination in employment conditions or treatment of employees on the basis of membership or nonmenthersh1p in the Union, or participation in the lawful activities of the Union. Section 2. The Union and the City hereby agree to protect the rights of all employees to exercise their free choice to join the Union and to abid~ by the e~press provisions of applicable State and local laws. ARTICLE III -PAYROLL DEDUCTIONS Section 1. The City shall deduct Union membership dues and any other rnutua11y agreed upon payroll deduction fr(Jll the bi-weekly pay of member Employees. The dues deduction must be authorized in writing by the employee on an authorization card acceptable to the City and the Union. Ttie City shall remit the deducted dues to the lJniun as SQon as possible after deduction. All lklion members on payroll deduction for payment of Union dues as of 5~00 p.m. on the tenth day following signing of this Memorandum of Agree111ent must remain on MEMORANUUM OF AGREEMEHT Page Two payroll deductlon for the lif~ of the Memorandl.ln of ~reement, or so lon9 as they remain.members ot the representation unit. Union members wno establish dues payroll deductton during the term of the MemorandlJll of Agreement must remain on payroll deduction for the life of the Memor~nd1111 of Understanding, or so long as they rema1n members of the representation untt. titian members on dues payroll deduction may declare their intention to terminate such payroll deduction following expiration of this Hemorand1111 of Agreement during the thirty day period between sixty and ninety days prior to exp1ration of the Memorandun of Agreement. ARTICLE IV -UNION ACTIVITIES Section 1. Local 1319 officers may use a reasonable amount of on-duty time to attend to Onion business specifically related to representation of enployees so long as: a. staffing is available b. operations are not interrupted c. advance approval is obtained from the Battalion Chief or Operations Chief Section 2. Interoffice Mail and Bulletin Boards. The Union shall have access to interoffice mail, existing bulletin bOards in unit enployee work areas for the purpose of posting, transmitting, or d1stributing notice or announcements including notices of social events, recreational events, lklion membership meP.tings, result of elections and reports of minutes of Union meetings. Atty other material must have prior approval of the Battalion Chief or Operations Ch1ef. Action on approval will be taker within 24 hours ·of subatission. Section 3. Use of Meeting Places. The Union shall have the right to reserve City meeting and conference rooms for use during non-working hours or as subject to Battalion Chief approval. Such meeting places will be made available in confonnity with City regulations and $~tlij~ct to the limitations of prior cORmitment. ARTICLE V -NO STRIKES Section 1. The \Jn1on, its representatives, or members, shall not engage in or cause, instigate, enc~urage, sanction, or condone a strike, withholding of services, leave cf absence abuse, work stoppage or work slowdown of any kind against the City of Palo Alto or its citizens by employees covered under this Agreement. No em~loyee shall refuse to cross any picket line in the conduct of Fire Department business, nor shall the Union, its representatives or members discriminate in any wa.y toward anyone -no refuses to participate in a strike, or any of the job actions cited above. ARTICLE VI -PROBATIONARY PERIOD ~ction .1· All original appointnlents to regular or part-time municipal service positions sna1l be tentative and subject to a probationary period, fixed Dy the appointing authority at the time of appointment, of ~we1ve months. MEMORANDUM OF AGREEMENT Page Three Section 2, The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing all aspects of the employee 1s qualif1cations. for ensuring the effective adjustment of a new employee to t~e position and for rejecting any probationary employee who in the opinion of management is not suitable to attain pennanent status. Section 3. During the probationary period a new employee fllay be suspended, or terminated at any time by the appointing authority without cause and without right of appeal or to submit a grievance. Said employee shall not have the right to proceed to arbitration on the issue of arbitrability or on ~he merits of such a dispute. Neither party waives any of its constitutional or discovery rights, nor those of any employee by reason of the foregoing. The Union shall not be a party to any 1awsuit relating to the tennination of a probationary employee. ~RTICLE VII -SALARY PROVISIONS Sec~ion 1. Effective September 29, 1984, a si salary increase will be applied to the salary ranges of all represented classes. Section 2. Benchmark Survey Cities. The following list of benctrnark fire aepartments will be used by the parties for purposes of SJrvey comparisons. This list will continue in use unless amended by mutual agreement until June 30, 1985. santa Cl a ra Berkeley Mountain View Fremont Vallejo Central Fire District san Jose Ha,Y'tlfard Alarneda San Leandro section 3. Out-of-Class Pa~ Step. All out-of-classification assigl'tlllents assigned by Management Where 8 or moreours of the shift are worked will be paid acting pay fr~n the beginning of the assignment as indicated below. This provision applies to lower classifications working as Apparatus Operators and Captains: Step in the Fire Fighter range to same step n t e Apparatus Operator working as Captain Step in the Opera~or range to same step less one step in the captain's range. Court earance. Sworn Fire Personnel appearing fn court for .,._---=~---~--+----~~~~~--~--compensate as ollows: MEMOP.ANDll1 OF AGREEMENT Page · .>ur Period a. Appearance on scheduled day off. b. Pily or all court time during scheduled shift. c. Appearance on scheduled work day but not during scheduled shift. Rate Hiteimum - Time and one-haif at 4 hours 40-hour rate Straight time during t4one shift at 56-hour rate. TiMe and one-half at 2 hours 40-hour rate. (2 hour minimum may net run into sh1ft ti11e) The employee shall remit all fees received for such appearances to the City within thirty days frOflll the tennination of his/her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the et1ployee. ARTICLE VIII -PARAMEDIC DIFFERENTIAL Section 1. Paramed1cs who have completed the required training and been certified fn accor:aa~ce with the program will receive a 51 differential in addition to their base salary effective beginning with the date of assignment to rotationai Pdran1edic duty. Upon c011pletion of s1x 11Dnths of rotattonal Paramedic duty, t~ differential will increase to a total of lOI in a!ldition to base salary. The Par.edic salary differential will ten11inate with the cessation of assignment to rotational Paramedic duty. ARTICLE IX -ANNUAL ADJUSTMENT Section 1. Annually, each employee who holds a regular full-time appo;ntlllent in the mun id pal service on or before July first and continues in such status through the first day of Pay :'er1od No. 25 {in Deceaber) shall receive, in addition to the salary prescribed herein, a salary adjustment equal to one percent of the employee's current annual salary. Annual adjustllents shall be prorated to reflect appo1ntri1ent from January 1 through July 1 of the current year, or interrupted service dur;ng the year. ARTICLE X -COMPENSATION FOR HOLIDAYS Section 1. Representation unit fire suppression personnel in pay status shall receive 11.s hours straight time regular pay per mont~ in iieu of holidays to a maxinulft payment of 138 'hours per year. If e.ployees wish to take tirae off instead of in-lieu pay. ti11e off shall be at the rate of one.ha1f shift {12 hours) per J"K)nth C'X\ a staffing a~a11able basf5. Such t111e off 1tUst be sc~eduled r.o that no additiona1 overtime will be required to achieve suppression 11ini11tt11 staff1\1g. Tit'le off 1nstP.ad of in-lieu holiday pay may be taken in advance of the .onth that said in-lieu hours beca.te payable up to a maxi111111 of 48 hours. However. no in-1 ieu hours wi 11 be paid until such advanced ti11e off has been 1iqu1dated by the in-lieu hours accrued in subsequent months. \ MEMORANDUM OF AG~EEMENT Page Five Section 2. It is agreed between the parties that hours accrued for holiday pay in lieu, otherwise payable in compensation, may be used by the employee for the employee's personal business on a staffing available basis, so long as the minimum staffi~g provisions set forth herein are not affected. ARTICLE XI -OVERTIME COMPENSATION Section 1. Shift personnel assigned to overtime relief duty in addition to their ~egular 56-hour shift schedule shall receive overtime compensation at a rate of one and one-half times the employee's basic 56-hour rate for all hours of the relief duty shift. overtime assignments for duties other than minimum staffing shall receive compensation at a rate of one and one-half times the employee's basic 40-hour rate. ARTICLE XI 1 -MINIMUM STAFFING Section 1. Fire Department administration and the Union have agreed to the following cal 1-i n procedure to facilitate maintenance of two-man mi nimWllS on truck companies: Repl3cements will oe called in whenever it is known that absences will cause truck company manning to fall below two~an strength for more than a four-hour period. Replaceiiteots ca11ed in between midnight and 4:00 a.m. will be allo"'E!d to complete the shift. Overtime rates will apply in accordance with Section 516 of the City of Palo Alto Merit System Rules and Regulations. Section 2. It is agreed that 31 fire suppression personnel (exclusive of the Battalion Chief) shall be scheduled per shift as a minimum staffing leve1. Replacements will be called in whenever it is known that ~· sences will cause platoon staffing to fall below 31, except in the instance of emergency illness ~fter 11:00 p.m. in wh;ch case the platoon may be staffed at 30 until 8:00 a.m. Ct is further agreed that in achieving the minimum staffing levels set forth herein, none of the engine companies shall be reduced fran their level of one Captain. one Apparatus Operator. and one Fire Fighter per engine COfTlpany. and no in-service truck company shall be staffed with fewer than one captain and one Apparatus Operator per company. Minimum staffing on a Paramedic unit is two certified Paramedics; and when at minimc..an staffing, a salvage company shall be staffed ~ith one Apparatus Operator and one Fire Fighter. Section 3. The minimum recall to suppression shift duty shall be for four (4) hours at t11ne and one-half. ARTICLE XIII -FIRE nEPARTHENT PROGRAMS Section 1. The Union agrees to continue its cooperation and participation in e>ost,ng weather station and CO!m\Urdty blood pressure screeni11g and measurement programs~ MEMOl~ANCUH OF AGREEMENT Page Sh ARTICLE XIV -WORK ASSIGNMENTS AND TRANSFERS It is the intent of the Palo Alto Fire Acnin1stration and Local 1319 that work ass1 gnments and transfers wi 11 reflect the best interests of the Fi re Oepartment and the City. The Fire Department will mainta1n a constant state of readiness to defend against fire and other disasters. It is therefore imperative that all Fire Department divisions assign personnel 1n the best manner to respond to the needs of the City and the Oepartment. lt is also acknowledged that the Fire C~ief is responsible to make and/or approve the work assignments or transfers of fire Department personnel. The Fire Chief, or his designee, shall initiate personnel assignments and transfers to balance platoon or division strength, fill pennanent or temporary vacancies and provide required training to individual personnel. Such assignments will b~ based on: Seniority, career development, training, special assignments, skills and doc1hnented perfonnance. Section 1. Shi~outs. When possible, least senior fire fighters will be assigned short term or s ipout relief duty. Section 2. Transfer Re?uests. Non-probationary fire personnel may'subrnit transf~r requests to their i!lliled atcrSUperv1sor to be forwarded to the appropriate chief officer. Providing that Departmental needs are satisfied, such transfers will be administered using first a mutually agreeable exchange, secondly seniority. The transfer requests shall remain on file dur1ng the year and may be granted when a vacancy occurs, prov;ding the requesting employee possesses the experience and perfonnance ability required to fill the vacancy. Tilis section shall be established on a trial bas1s for twelve months, beginning September 1, iqa3 and endin~ September 1, 1984. Representatives of the Fire Chief and Union will meet during the year to adjust this program to extend through the current M.O.IJ. per1od as mutually agreeable. Section J. Special Assig~nts. Management reserves the right to assign persorinel to career development opportunities, special projects, seminars 9 programs and selected.educational and/or training courses, based on Fire Department needs and the performance of the employee. Minimum stafflng levels shall be mafntained. ARTICLE XV -TRAINING COORDINATION Section 1. Two shift employees per platoon may be assigned to assist the Training Officer in the coord1nat1on, preparation and scheduling of the training program. It is agreP.d that volunteers w111 first be sought for such assignment, and furt~er agreed that the details of this section shall be establis~~ by mutual agreement between the Fire Department and the Union. .. \ MEMORAfmUM OF AG~EEMEtH Pa".]P s~vr~o ARTICLE XVI -PARAMEDIC ASSIGNMEUT Section l. The City reserves the right to 1im1t e1igibi1ity for tne Paramedic Program to t~e Fire Fighter classification. Section 2. As the Program progresses, Management wi 11 assess the need for training additional Paramedic candidates. It is Management's intention to provide for such additional trainf ng as necessary for Prugram continuity. ARTICLE XVII -FIRE FIGHTER APPRENTICE PROGRAM Section 1. The Union agrees to assist the City in the implementation of an apprentice, training and affinnative action program. Trainees under such programs shal1 be provided with a11 benefits, including retirement benefits, of other fire fighters except salary. Section 2. Employees hired 1Jnder the apprentice training program may begin fire fighting suppression work after they have reached the Trainee II !evel. Minimum manpower levels as set forth above shall be determined by excluding all trainees. Section 3. Local 1319 shall be repres~ 'ted and entitled to participate in all stages of the testing process, ,""'nd representatives from Local 1319 shall ffklke recomnendations to the d~~artment concerning the qualifications of any apprentice. ARTICLE XVIII -PROMOTION TO FIRE CAPTAIN Section l. All regular promotions fran classifications within the representation unit to the classification of Fire captain will be made at the fifth step of the sal Jry range. ARTICLE XIX -REOIJCTION IN FORC:E Section 1. If the work force is reduced (reduction in force) within a represented classification, unit enployees having the shortest length of service wit~ the Fire Department will be laid off first so long as employees retained are fully qualified, trained and capable of p~rfonning remaining work. ARTICLE XX -SELECTIVE CALL BACK WITH REGARD TO RESIDENCY Section 1. Management may use selective call back with regard to resider.cy jn cases of emergency. ARTICLE XXI -HEALTH BENEFITS secti~n 1. Except as otherwise set forth herein, the City will maintain the present Tevel of 6enefits on all City-sponsored medical programs. MEMORANDUM Of AGREEMENT Page Eight Section 2. Cit~ Health Plan or Kaiser Health Plan. The f.ity shdll pay 100~ of the premiums for al employee and dependent coverages on behalf of e'iqible and enrolled employees and ~ependents. Health Plan premillll increases rluring the term of the Melnorandllll of Agreement will be asst.med by the Ctty. ARTICLE XXII -DENTAL BENEFITS Section 1. Except as otherwise set forth herein, the City will maintain the present level of benefits on the tity-sponsored dental program. Section 2. The City shall pay all premillll payments or equivalent self-insured program charges on behalf of enployees and dependents who are eligible and enrolled for coverage under the existing dental plan. ARTICLE XXIII -LIFE INSURANCE Section 1. Tile City will pay the following amounts of premilJJI on behalf of Fire personnel : . Basic Life Insurance (per $1,000 of coverage) Per Pay Period S.14 Per Month (Approx.) $.31 ARTICLE ~XIV -RETIREMENT BEHEFITS Sect1on 1. The current Public Employees' Retirement System (PERS) benefits, known as the w2 percent at 50" Plan shall continue in effect. Section 2. City-Paid PERS Employee Contribution a. Effective with ttie pay period including July 1, 1983,, the City will pay 73 of the 9S PERS employee contribution except that, subject to rece1pt of favorable tax rulings by the City Attorney no later than June 30, 1984~ employees who retire between July l, 1983 and June 30, 19R4 shall rec~ivc a 5.6~ pay increase effective July 11 1983 and shall not receive the City-paid PERS contribution. For purposes of negotiations and/or arbitration proceedings hereafter. City pa.Y1Went of the 7~ ~ERS employee contribut1oo will be deemed as a 71 salary adjust.tlent for the year July 1, 1983 through June 30 • 1984. b. Effective with the pay period including July 1. 1984 the City will pay the 91 PERS ~ployee co~tribution. For purposes of negotiations and/or arb1trat·; on proceedings hereafter, City payment of the 2~ additional PERS employee contribut 1on wi 11 be deemed as a 21 salary adjustment for the year July !, 1984 through June 30, 1985. . ' .. MEMOi{AtHlUM OF AGREEME!H Page Nine ARTICLE XXV -RETIREMENT MEO ICAL PUl.li Section 1. The City ;,,ha1l, upon submittal of e1ddence of payment, reimburse up to $Df:3per riuarter of medical plan prernh1ns on behalf of representation unit anpJoyees who re ti re from the City under serY ice or disability r~t i rements. The retiree rnay select any medical plan. The plan may cover eligible dependents as defined under the City Employees' Health Plan. Ho reimbursements will be made for plans provid1ng benefi~s other than medical and health Jenefits. Reimbursement requests must be filed within 12 months of date charges were incurred. ARTICLE XXVI -VACATIO~ ACCRUAl Section I. All eligible fire suppression persons shall accrue vacation at the following rate for continuous service perfonned in a pay status. !«Jn-shift representation unit employees shall accrue the 40-hour equivalent--one shift equals six teen hours. a. For enployees completing less than 4 years continuous ser~ice, the accr~dl rate shall be five duty shifts per year. b. For employees completing 4 but not more than 9 years continuous service, the dtcrual rate shall be eight duty shifts per year. c. For employees completing 9 but not more than 14 years continuous service. the accrual rate shall be ten duty shifts per year. d. For employees compl~ting 14 or more years continuous service, the acciual rate shall be eleven duty shifts per year. Section 2. Represented employees who fail to use al 1 vacation as accrued may continue the accrual balance and be entitled to all ~ccrued but unused vacation upon tennination. except as limited be1ow. Section 3. Effective be9inn~n9 January 1, 1984, Vdcation accrual balancP.s shal 1 be 1 fod·~d to three times the annual accrual rate. Accrual credit beyond ttlis 1 imit sha1. not be recognized or compensation except that, for employees of record as of January 1, 1984 who have vacation excess on a one-time basis shall be set aside (banked) to be subsequently used as vacation or paid at termination. I~ additions may be made to the bank after January 1, 1984. The bank is established only to facilitate changeo¥"er from unlimited to three times annual accrual rate limitation on vacation accrual as herein provided. ARTICLE XXVII -USE OF VACATION Sect1on l. The ma~im~.m nl.lllber of vacation scheduling slots for representation unit suppression employees is four (4) per platoon on a year-round basis~ MEMORANDUM OF AGREEME~T Page Ten Section 2. Vacation scheduling must be approved by the Battalion Chief or Fire thief. The minimllll is twelve (12) hours or more for suppression employees. Advance vacation schedules for suppression shall begin either at 8:00 a.m. or 8:00 p.m. Section 3. vacation Pay. Vacation pay shall be made available in advance of regular pay day provided that employee requests such advance in writing to the Controller's Office at least two weeks prior to his/her vacation date. The P.lllployee's supervisor must verify vacation date on the request. Section 4. Illness on Vacation. When an employee bec01T1es ill while on vacation and suc;1 illness can be supported by a statement from an accredited physician or the employee is hospitalized for any period, the employee shall have the period of illness charged against sick leave and not against vacation leave. Section s. When to be Taken. The time at which an employee may 11se accrued vacation leave and the amount to be taken at any one time shall be detennined by the Chief with particular regard for the needs of the C1ty, but insofar as passible, considering the wishes of the employee. Section 6. Limitation on Use. Employees may not use more thao 3 times their annual rate of accrual 1n any calendar year period provided, however, ti-tat the Chief may grant exceptions to this 1;mitation. Section 7. Waitin~Period. Employees shall complete six 11tOnths continuous sP.rvice before using accru vacation leave. Section 8. Ooub~e Compensation Prohibited. Employees shall not work for the City during the;r vacation. ARTICLE XXVIII -SICK LEAVE Section 1. Statement of Policy. Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment, or as authorized in Section 9. Up to five days (56 shift hours) sick le3vP. per year may be used for illness in the immediate family (wife, husband, child, parent. parent in-law, brother, sister, or dose relative residing in the household of the employee). Section 2. Eligibility. Regular employees shall be eligible to accrue and use sick leave. Section 3. Accrual. Sick leave shall be accrued bi-weekly provided the employee has bP.en 1n a pay status for 50 percent or more of a bi-weekly pay period. Sick leave shal 1 be accrued at the 1·ate of six shifts per year. Section 4. AtcU111ulatiJn. Accrued sick leave mi~,y be accumulated without limit except as provided in section 8 below. .. ' MEMORANDUM OF AGREEMENT Page E1 even Section 5. Use. Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. A new employee 111ay, if necessary, use up to forty-eight (48) hours or shift equivalent of sick leave at any time during the first six months of employment. Any negative balances generated by such ut i l 1 zat; on wi 1 l be charged against future accrual or deducted from final paycheck in the event of tennination. An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long~tenn disability group insurance coverage and accrued sick leave benefits may, at his/her option, choose either to receive the long-term disability benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-teNn disability benefits. Sick leave will not be gran!ed for illness or.curring during any leave of absence other than sick leave, unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. When an employee finds it necessary to be absent for any reason, he/she should cause the facts to be reported to the department within one hour after his/her re9ular starting time on the first working day of absencet and shall regularly report on, or account in advance for each work day thereafter unless hospitalized·or oth~rwise indisposed. Such reports may be subject to written docll!lentation. Sick leave shall not be granted unless such report or advance acco··nting has been made, provided, however, that the department head may grant exception to this policy where the circumstances warrant. Section 6. Depletion of Sick Leave Benefits. Upon depletjon of sick leave Qr the beginning of the period to be covered by payments under the long-tenn disability group insurance coveraget whichever comes first, an emplo;ee may be granted a ~edical leave of absence without pay for a period not exceeding sixty days. If the employee is unable to return to work at the end of this period. he/she must req11est further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of intent to return to work every ':hirty days. If further iea .. ·e is not granted, the employee's service with the City shall be considered terminated. Section 7. Forfeiture Ufon Termination. Employees leaving the municipal service shall forfeit all accumu ated sick leave, except as otherwise provided by law and Section R. In the event that notice of resignation is given, sick leave may be used only through the day which ~as designated as the final day of work by such notice. Section 8. Pa~ent for Accumul~ted Sick Leave. Eligible employees who leave the municipal service in good standing, or who die while employed in good standing by the City, and who have fifteen or more years of continuous service shall receive compensation for unused sick leave hours in a Sllll 1ual to two and one-half percent of their unused sick leava hours multiplied by their years of continuous service and their bisic hourly rate of pay at te~nination. Full sick leave accrual will be paid in the event of tennination due to disabflity. For new employees hired dfter December 31, 1983, sick leave accrual accumulation will be limited to 1,000 hours with no payoff provisions for unused balance at termination. MEMORANDUM OF AGREEMENT Page Twelve Section 9. Personal Business Leave Char eable to Sick Leave. It is agreed be,ween the parties that all shift ~ersonne represent y t e Un1on shall have the right to char3e up to twenty-fJur hours personal business leave r>er year to sick leave, ~nd that all nonshift personnel shall have the right to charge up to sixteen hours personal business leave per year to sick leave. Such personal business leave shall be allowed only on a staffing available basis and where the provisions of the minimum staffing agreement are not affected. "Staffing available" means at or above 111inimum staffing level5 as defined in Art1cle XII. ARTICLE XXIX -WORKERS' COMPENSATION Section 1. SUbject to applicable state law, all pennanent disability settle"lents entered into pursuant to this prov.sion by the City and a disabled employee ba~ed upon the Labo1· Code 11 Schedule for Rating Pennanent Oisabil ities" shall be augmented by a 10~ premil.#11 provided: a. The total settlement, includ~ng the loi r>remiLITI benefit is approved by the Workers• Compensation Appeals Boarrl. b. That neither a "Notice of Claim" nor "Application for Adjud1ca-...1on of Claim" is filed or served against the City of Palo Alto. c. The injured employee diligently seeks medical attention as prescribed by the treating physician(s) mutually approved by the City and the employee. d. The injured employee and the City Loss Control Manager enploy the guidance of the State Department of Industrial Relations Office of Information and Assistance to resolve any outstanding issues or misunderstandings. Section 2. Hothing in this provision precludes the employee fran retaining counsel representation at any stage of the process, however the 10~ premium benefit shall not apply if an employee elects counsel representation. Representation is a legal right. Section 3. Status Reporting While on Disability. Persons on disability will be required to appear or otherwise report at regular two-week intervals to the Fire Chief or designate to discuss his/her status of medical treatment therapy and phys1ca1 condition. Th~s section is not meant to unreasonably restrict employees' activities so long as such act1v1ties are cleared by the treating physicia~. treating program or alternative treatment program is maintained and employee is available for full or restricted duty as soon as medical cl~arance can be received. ARTICLE XXX -LEAVES OF ABSENCE WITHOUT PAY Section 1. Oisabili~. Leaves of absence without pay may be granted in cases of disability not cover by sick leave. Pregnancy will be considered as any other dis.tbility. Leaves of absence for disability are subject to physician's verification inc'ludfng diagnosis and medical work restriction. .. ... ' MEMO:~ANllUM OF AGREEMENT Page Thirteen Section 2. Other Leaves. Leaves of absence without pay may be granted in cases of personal emergency or Wtien such absences would not be contrary to the best interest of ttie C1 ty. Nondi sabil i ty prenatal and/or postpartum leave is available under this provisiont but such leave shall not begin more than s1x months prenatal nor extend more than sf x months postpartum. Section 3. During unpaid leaves of absence for disability or other reasonst the employee may elect to use accrued vacation credits. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings. all leaves without pay must be in writ1ng to be effective. Section 5. e£proval by City Manager. Leave of absence wf thout pay in excess of one week's d'urat10n may lie granted by the C;ty Manager on the merit of the case, but <;uch leave ~hall not exceed twelve months' duration. Section 6. Absence Without Leave. Unauthorized leave of absence shall bf' considered to be Without pay, and reductions-in the B'lployee's pay shall be made accurdingly. Unauthorized leave of absence may result in tenn1natton af employment. Section 7. Leave of Absence· Death Outside the Illll1ediate Famil • Leave without pay may be grant a regu ar emp oyee by s er epartment ea in the event of death to family members other than one of the immediate faAily, such leave to be granted in accordance with Section 2 and Section 4. Section 8. Hilitarl Leave of Absence. State law shall govern the granting of military leaves of absence and the rights of employees returning frooi such absence. ARTICLE XXXI -LEAVES OF ABSF.NCE WITH PAY Section 1. The City Manager may grant a regular employee under ~is control a leave of absence with pay for a period not exceeding thirty calendar days for reasons he deems adequate and in the best interest of the C~ty. Section 2. The City Council may grant a regular e11ployee a leave of absence with pay Tor a perio<t not to exceed one year for reasor.s the Council considers adeq1Jate and in the best interest of the City. Section 3. Employee•s Time Off to Vote. Time off with pay to vote ·at ~ny general or direct primary election sha11 be granted as provided 1n the State of california Elections Code 1 and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. Section 4. Leaves of Absence; Death in Immediate Family. Leave of absence with pay OT'One shift with provislon for approval of one additional shift for travel outside the area 111ay be granted an ~ployee by the Chief in the event of death 1n the MEMORANDUM OF AGREEMENT Page Fourteen employee's inmediate f;imily, which is defined for purposes of this section as wife, husband, son, daughter, father, mother, brother, sister, mother-in-law, father-in-law, grandfather, grandmother or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of two shifts shall be subject to the approval of the City Manager. Section 5. Juea Duty; Leave of Absence. Employees required to report for jury duty snall be grant a leave of absence w1th pay froni their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowances within thirty days frOOI the tennindtion of his or her jury service. ARTICLE XXXII -TUITIOf~ REIMBURSEMENT Section 1. The City will reimburse expenses for tuition, books and curriculi.n fees incurred by employees within the representat;on unit, to a maximum of ~800 per fiscal year for classes given by accr~ited institutio~s of ~earning or approved specialized training programs. Programs must either contribute to the employee's job performance or prepare the employee for other City positions and must be approved in advanc~. ARTICLE XXXIII -PER DIEM TRAVEL EXPENSES Section I. Unless other mutually ayreeable arrangements are made, representation unit employees who are required to travel away from the City on City business will receive travel expenses, according to City policies which· are currently in effect .. ARTICLE XXXIV -HOUSE FUNO ITEMS Section 1. Station House Fund. Stati:>n house fund shall be $32.00 per year per st'lift employee. Section 2. The City agrees to furnish and maintain each fire station with non-fot•d house fund it_-ms: TV purchase and repair, Peninsula Times-Tribune, san Francisco Chronicle or San Jose Mercurx, kitchen cooking utensils and other specific items to be determined by mutual agreement of the parties. The F1re Fighters agree to maintain the voter registration program. with proceeds going to recreational and related programs .. ARTICLE XXXV -PARKING Section l. Employees in represented classes shall be entitled to free parking in the Civic Center G!rage. .. MEMORANDUM OF AGREEMENT Page Fifteen ARTICLE XXXVI -GRIEVAi~CES The City and the Union agree to establish a grievance procedure as follows: 1. uefinition: A grievance is any complaint or dispute regarding the application of interpretation of this Memorandtm of Understanding, rules, regulations. policies or procedures relating to wages. hours or other terms and conditions of employment. 2. Any non-probationary employee represented by the Union may file and process a grievance. Such aggrieved employees may be represented by the Union or may represent themselves in preparing and presenting their grievance at any level of review. The Union may file a grievance when a Union right not directly related to an individual employee becomes subject to ~ispute. 3. Any retroactivity on monetary grievances shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three mo.1ths before the grievance was filed 1n writing. 4. Written grievances shall be submitted on fonns provided r~ the City or on forms which are mutually agreeable to the City and the Union. 5. The time limits specified in this $eCtion may be extended by mutual agreement in writing of the aggrieved employee or Union and the reviewer concerned. Should a decision not be rendered within a stipulated t1me limit, the aggrieved employee may i111nediately appeal to the next step. The grievance will be considered settled if the decision of any step ;s not appealed within the specified time 1 imi t. 6. St~ I. The aggrieved employee will first attempt to resolve the grievance througn informal d1scussi ons "'ith the inmediate supervisor by the end of ttie seventh calendar day following the discovery of the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. St~ II. If the grievance is not resolved through infonnal d1scussions, it may 6e subillftted 1n writing to the Battalion Chief within seven calendar days of the tnfonnal discussion. The Battalion Chief will helve seven calendar days frOfll receipt of the grievance to review the matter and prepare a written rt~sponse. If the grievance is denied 9 the response shall contain the reasons therefor. Step Iil. If the grievance is not resolved in Step II. it may be submitted in writing to the Fire Chief within seven calendar days of receipt of the Battalion Chief's written response. The F1re Chief will have seven calendar days fr0i11 receipt of the gr1evance to review the matter and prepare a written response. If the grievance is denied, the response shall contain the reasons therefor. Step !V. If the grievanC"'~ 1s not resolved in Step III, the aggrieved employee may subiriit the grievance to the City Manager for final deten1i1nation or to binding grievance arbitration. All Step IV appeals must be filed in writing at the Personnel Department Office within seven working days of receipt of the Fire Chief's response under Step lII. All hearings before the City Manager shall be MEMOUAND!Jlt Of AGREEMENT Page s; xteen pursuant to the rules and regulations set forth in the City of Palo Alto Merit Rules and Regulations. Hearings before an arbitrator will be as set forth below. In the event the aggrieved enployee decides to proceeo to arbitrJtion, he/she shall ~elect jointly with L~e Uirector of Personnel Services an arbitrator. If the parties are una~le to agree on an arbitrator, they shall jointly request a panel of five qualified and experienced ~rbitrators fr001 t~e State Conc1liation Service. Upon receipt of the list of arDitrators, the names shall be alternately struck ur.til one name remains who shall serve as arbitrator. The arbttratir shall be jointly contacted by the parties. The arbitrator shall have jurisdiction and authority only to interpret, apply, or detennine compliance with the provisions of the Memorandum of Agreement and such Merit System rules, regulations, policies, procedures, City ordinances or resolutions relating to tenns or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances appealed to the arbitrator. The arbitrator shall be without power to make any decision: (1} ( 2} ( 3) (4) Regarding matters of interest. Coiitrary to, or inconsistent with or modifying in any way, the terms of thi~ Memorand11n of Agreement. Granting any wage 1ncreases or decreases. Gr&nt1ng pay or benefits for any period of time prior to the execution date of this Meritorand1.1n of AgreemP.nt. Where either party seeks arbitration and the other party claims the matter is not subject to thE arbitration prov1sions of the Memorandum of Agreement, the issue of arbitrability shall f;rst be decided by the arbitrator using the standards and criteria set forth in this Memorandl.ll\ of Agreement. The arbitrator shall be without authority to require the City t3 delegate or re 1i nquish any powers which by State law or City Charter the C1ty cannot de 1 e~ate or relinquish. Copies of the arbitrator's decision shall be submitted to the City and the aggrieved employee. All direct costs emanating fran the arbitrat·ion procedure shall be shared equally by the City and the aggrieved employee or the IJnion. It is further agreed that the provisions of this section shall be incorporated as p8rt of Chapter 11 of the City of Palo Alto Merit System Rules and Regulations. Existing procedures set forth in Chapter 11, to the extent they are inconsistent with the provisions contained herein, are superseded. ARTICLE XXXVII -SAFETY COMMITTEE Section 1. No later than 60 days following the date of this anreement a Safety Committee comprised of four representation unit members appointed by the Union, at least one from each suppression shift, and at least two membP.rs of Management, will ' ·~ ... ,, '·' . ·• MEMORANDUM OF AGREEMENT Page seventeen • be established. The Comnittee rMY make safety r~cormlendations to the i-ire Chief regarding equipnent, vehicles and apparatus and may review all accidents involvin9 represented personnel. Management shall inform the Safety Committee of all accidents involving injuries to represented personnel. ARTICLE XXXVI I I -FULL llNDERSTAHOrnG Section 1. The Memorandt.rn of Agreement .contains the full and entire understand1 ng of the part1es regarding the matters set forth herein. section 2. It is the intent of the parties that ordinances, resolutions, rules and regul at fons enacted pursuant to this M!tnorandllll of llnderstand1 ng be administered and observed in good faith. section 3. Nothing in this agreement shall preclude the parties from mutually agree1n9 to meet and confer on any sub,iect _,ithin the scope of repre~~'1tation during the tenn of this agreement. ARTICLE XXXI X -IJl!QATION This Memorand1.1n of Agreement shall become effective July !, 1983 and remain effective until June 309 1985. EXECUTED: August 6. 1984 FOR: INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS s/Anthony Spitaleri s/Robert Makjavich s/Michael Single s/Phi11ip Constantino FOR; CITY OF PALO ALTO s/Jay c. Rounds s/Susan Ryerson s/Ronald E. Garratt s/Donald C. Shaw