HomeMy WebLinkAboutRESO 6413.. ORIGINAL
RESOLUTION NO. 6413
RESOLUTION OF 'l'HE COUNCIL OF •rHE CITY OF PALO ALTO
AMENDING SECTION 1501 OF THE MERIT SYSTEM RULES AND
REGULATIONS REGARDING THE KEMORANOUM 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. Section 1501 of the Merit System Rules and Regulations
is hereby amended to read as follows:
1501 • llemorand1111 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 Preamble and Article I
through XXXXI, being 19 pages in length, for a term
commencin~ July 1, 1985, and expiring June 30,
1987, is hereby incorporated into these Merit sys-
tem Rules and Regulations by reference as though
fully set forth herein. Said memorandum shall
apply to all employees in classifications repre-
sented by said Local 1 319, International Associa-
tion of Fire Fithers, except where specifically
provided 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.
SECTlON 2. The changes provided for in this resolution shall not
affect any right established or accrued, or any offense or act ~onunit
ted, or any penalty of forfeiture incurred, or any prosecution, suit,
or _proceeding pending or any judgment rendered prier to the effective
date of this resolution.
SECTION 3. The Council finds that this is not a project under the
California Environmental Quality Act and, therefore, no environmental
impact assessment is necessary.
INTRODUCED AND PASSED: July 22, 1985
AYES: Bechtel, Cobb, Fletcher. Klein, Levy, Renzel, Sutorius, Woolley
NOES:
ABSTENTIONS:
ASSENT: Witherspoon
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APPROVED AS TO FORM:
~{Ad&--~ . ~-< "' iti Attorney
~ Personnel
MEt«>RANOUM OF AGREEMENT
CITY OF PAlO ALTO and LOCAL 1319, I.A.F.F.
July 1, 1985 -June 30, 1987
PREAMBLE
This Memorandum of Agreement bet~en the City of Palo Alto, hereinafter r"eferred to
as the 11 City11 , and Local 1319, International Association of Fire Fighters,
hereinafter refer ... ed to as the 11Unf on", has been prepared and entered into in
accordance with Title I, Dfv1si~n 4, Chapter 10, Sections 3500-3510 of the
California Goverrwnent Code and Chapter 12 of the City of Palo Alto Merit System Rules
and Regulations.
ARTICLE I -RECOGNITION
Section 1. The City recognizes the Union as the exclusive representative of an
employee group consisting sole1y of Fire Apparatus Operators, Fire Fighters, Fire
Captains, and Fire Inspectors who are regularly employed by the City and others as
amended into the represe~tation unit from time to time unrter existing law and the
Merft System Rules a~d 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, sex, national origin,
political or religious affiliation under this Agreement. There shall be no
discrimination fn e111ployment conditions or treatment of employees on the basis of
membership or nonmembership in the Unfon, or part1cipation fn the lawful actfvfties
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 abide by the express
provisions of applicable State and local laws.
ARTICLE III -PAYROLL DEDUCTIONS
Section 1. T~e City shall deduct Union membership dues and any other mutually agreed
upon payrol 1 deduction fn.n 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. The City shall ret11it the deducted dues to the
Union as soon as pc~sible after deduction.
Al 1 Union members on payroll deduction for pa,Ylftent of Unior. dues as of 5:00 p.m. on
the tenth day fol lowing signing of th1 s Metnorandl.ln of Agree.ent must re11ain on
MEMORANDUM OF AGREEMENT
Page 2
payroll deductio~ for the life of the PAP.morandum of Agreement, or so long as they
remain members of the representation unit. Union members who establish dues payroll
deduction during the tenn of the Memorandum of A~reement must remain on roayro11
deduction for the 1 i fe of the Memorand11n of Understanding, or so 1 onq as they remain
members of the representation unit. Union members on dues payroll deduction may
declare their intention to tennfnate such payroll deduction followin9 expiration of
this Memorandum of Agreement during the thirty day period between sixty and ninety
days prior to expiration of the Memorandllll of AgreeTtent.
ARTICLE IV -UNION ACTIVITIES
Section 1. Local 1319 officers mav use a reasonable amount of on-duty time to attend
to Union business specifically related to representation of employees 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 r~:?il and Bulletin Boards. The Union shall have access to
interoffice mail, existing bulletin boards ;n unit employee ~rk areas for the
purpose of posting, transmitting, or distributing notice or announcE!l"llents including
notices of social events, recreational events, Union membership meetings, result of
elections and reports of minutes of Union meetings. Any other material mcst have
prior approval of the Battalion Chief or Operations Chief. Action on approval will
be taken within 24 hours of submission.
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 confon11ity
with City regulations and subject to the limitations of prior comnitment.
ARTICLE V -NO STRIKES
Section 1. The Uniont its representatives, or members, shall not enga()'E! in or cause,
instigate, encourage, sanction, or condone a strike, wit~holdin~ of services, leave
of absence abuse. work stoppage or work slowdown of any kind against the Cit.v of Palo
Alto or its citizens by employees covered under this Agreement. No enployee shall
refuse to cross any picket line in the conduct of Fire Department business. nor shall
the Union, its representatives or members discriminate fn any way toward anyone 1'.ilo
refuses to participate in a strike, or any of the job actions cited aoove.
ARTICLE VI -PROBATIONARY PERIOD
Section 1. All original appointments to regular or part-time municipal servfce
positions shall be tentative and subject to a probationary period, fixed by the
appointing authority at the time of appointment, of twelve months.
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MEMORANDUM OF AGREEMENT
Page 3
Section 2. The probationary period shal1 be regarded as part of the testing process
ana-5na11 he utilized for closely observin~ all aspects of the employee 1 s
qu"'l f flcations, for ensurfng the effective adjustment of a new employee to the
position and for rejecting any probationary employee who in the opfnion of mana(]ement
is not suitable to attain pennanent status.
Section 3. During the probationary period a new employee may be suspended, or
tenninated at any time by the appointing authority w'ithout cause and without riqht of
appeal or to submit a gr~evance. Said employee shall not have the right to proceed
to arbitration on the issue of arbitrability or on the merits of such a dispute.
Neither party waives any of its const1 tutional or discovery ri 9hts, nor those of any
employee by reason of the foregoing. The Union shall not be a party to any lawsuit
relating to the te~ination of a probationary employee.
ARTICLE VII -SALARY PROVISIONS
Section 1. Effective June 22, 1985, a salary increase of $178 per month at the
E-Step will be applied to the salary ranges of all represented classes.
Section 2. Effective with the pa_v period inc1 uding July l, 1986, a 5'.t increase at
the E-Step will be applied to the salary ranges of all represented cl.asses.
Section 3. Out-of-Class ComfOnsation. All represented employees who are assigned work in a higher c1ass1ficat on for lcnger than four (4) continuous hours will be
compensated at a higher pay rate for all hours worked during the out-of-class
assignment. This provision applies as follows:
Firefighter, Apparatus Operator, Captain or Inspector workinq in a higher
classification: Step to step, or if in a management oosition, within the ranqe
of the management p0sition.
Section 4. Pay for Court Ap~arance. Sti«>rn Fire Personnel appearing in court for
the People shall he compensa ed as follows:
Period Rate Minimum
a. Appearance on scheduled Time and one-half at 4 hours
day off. 40-hour rate
b. Any or all court time Straight time during None
du ting scheduled sh 1 ft. shift at 56-hour rate.
c. Appearance on scheduled Time and onP.--half at 2 hours
work day but not during 40-hour rate. (2 hour minimum
scheduled shift. may not run into
shi ft time}
The employee shall remit all fees received for such appearances to the City within
thirty days from the tennination of his/her services. Compensatfon for milea9e or
MEMORANDUM OF AGREEMENT
Page 4
subsistence allowance shall not De considered as a fee and shall be retained by the
P.mp1oyee.
ARTICLE VIII -PAP.AMEOIC DIFFERENTIAL
Sect;on 1. Paramedics who have completed the reouired training and been certifierl in
ac±ordance with the program will receive a 5t differential in addition to their base
salary effP.ctive beginning with the date of assignment to rotation~l Paramedic duty.
Upon completion of six months of rotational Paramedic duty. the differential will
increase to a total of 10% in addition to base salary. The Paramedic salary
differentii':l will tenninate with the cessation of assignment to rotational Paramedic
duty, except that pararr.edics with six or more years of Palo Alto paramedic service
will be Y-rated upon cessation of assignment.
ARTICLE IX -ANNUAL ADJUSTMENT
Section 1. Annually, each employee "'o holds a regular full-time appointment in the
municipal service on or before July ff rst and continues in such status through the
first day of Pay Period No. 25 (in December} shall receive, in addition to the salary
prescribed herein, a salary adjustment equal to one percent of the employee's current
annual salary. Annual adjustments shall be ;) ... orated to reflect apoointment from
January 1 through July 1 of the current year, or interrupted service durinq the
year.
ARTICLE X -COMPENSATION FOR HOLIDAYS
Section 1. Representation unit fire suppression personnel in pay status shall
receive 11.5 hours straight time regular pay per month in lieu of holidays to a
maximum payment of 138 hours per year. Effective July 1, 1986, in-lieu holiday
payment shall increase to a maximuin of 149.5 hours per year (~.75 hours per pay
period), except that 40-hour personnel shall recef ve one paid day off which must be
taken on Martin Luther King Oay {third Monday in January), if such is declared a
hctliday for other City employees. if employe~s wish to take time off instead of
i n-1 ieu pay, time off shal 1 be at tne rate of one-half shift ( 12 hours) per month cm
a staffing available basis. Such time off must be scheduled so that no additional
overtime will be required to achieve suppression Plinimum staffing. Time off instead
of in-lieu holiday pay may be taken in adv:1r.ce of the month that said in-lieu hours
become payable up to a maximum of 48 hours. However, no in-lieu hours will be paid
until such advanced time off has been 1i qui da_ted by the in-1 i eu hours accrued in
subsequent months.
Section 2. It is agreed between the parties that hours accrued for holf day pay in
11eu, oUierwi se payable in compensatf on, may be used by the employee for the
employee's personal business on a staffing available hasis, so long as the minimum
staffing provisions set forth herein are not affected.
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MEMORANDUM OF AGREEMF.NT
Page 5
ARTICLE XI -OVERTIME COMPENSATION
Section 1. Shift pers~~nel assigned to overtime relief duty in addition to tlieir
regular 56-hour shift schedule shall receive overtime compensation at a rate of one
and one-half times the employee's basic 56-hour rate, or out-of-class rate if such
applies~ for all ho1..1rs of the relief duty shift. Overtime assignments for duties
other than minimt.m staffing shall receive compensation at a rate of one and one-half
times the employee's basic 40-hour rate.
ARTICLE XII -MINifltJM STAFFING
Section 1. Fire Oepartll!ent adnfnistration and the Union have agreed to the
following call-in procedure to facilitate maintenance of two-man minimums on truck
companies:
Replacements will be called in whenever it f s known that absences will cause
truck company manning to fall below two-man strength for more than a four-hour
~rfod. Replacements called in between midnight and 4:00 a.m. will be allowed
to complete the shift. Overtime rates will apply in accordance with Section 516
of the City of Palo Alto Merit System Rules and Regulations.
Sectfon 2. It is agreed that 31 fire suppression personnel (exclusive of the
Batta Hon Chief) shall be scheduled per shift as a minimum staffing level.
Replacements will be called in whenever it is known that absences will cause platoon
staffing to fall below 31, except in the instance of emergency illness after
11:00 p.m. in which case the platoon may be staffed at 30 until 8:00 a.m.
It is further agreed that in achieving the Plinimum staffing levels set forth herein,
none of the engine ~outpanies shall be reduced fran their level of one Captain, one
Apparatus Operator, and one Fire Fighter per engine company, and no in-service truck
company shall be staffed with fewer than one Captain and one Apparatus Operator per
company. MinimtJn staffing on a Paramedic unit is two certifierl Paramedics; and when
at minimt111 staffing, a salvage company shall be staffed with one Apparatus Operator
and one Fire Fighter.
Section 3. The minimum recal 1 to suppression shift duty shall be for four (4) hours
at time and one-half.
ARTICLE XIII -FIRE DEPARTMENT PROGRAMS
Section 1. The Union agrees to continue its cooperation and participation in
existing weather station and coamunity blood pressure screening and measurement
programs.
ARTICLE XIV -WORK ASSIGNMENTS AND TRANSFERS
It is the intent of the Palo Alto Fire Adninistration and Local 1319 that work
assi grvnents and transfers wf l 1 reflect the best interests of the Fi re Department and
the City. The Fire Department will maintain a constant state of readiness to t1efenrl
MEMuRANOllM OF AGREEMENT
Page 6
against fire and other disasters. It is therefore imperative that all Fire
Department divisions assign personnel in the best manner to respond to the needs of
the City and the Department. It is also acknowledged that the fire Chief is
responsible to make and/or approve the work assi9rments or transfers of Fire
Department personnel.
The Fire Chief, or his designee, shall i!litiate personnel assignments and transfers
to balance p1atoc.1 or divf sion strength, fill pennanent or temporary vacancies a.nd
provide required training to individual personnel. Such assignments wilt be based
on seniority. except where career developnent, training, special assignments, skills
and documented perfonnance issues are specifically identified in writing, management
may make assignments based on such issues.
Section 1. Shi~uts. When possible, least senior fire fighters wilt be assigned to
Station #1 anrl 11 be given short ten11 or shipout relief duty.
Section 2, Vacation Relief Positions. In order that platoon strengths can be balanced more quickly and to reduce the need for excess overtime, t'«> positions will
be designated for vacatfon relief. These positions w'fll be the lowest two on the
Department seniority list who have completed their probationary perfod. This
provision will be subject t., review by the parties after a six-month operating
period and will be implemented as follows:
a. The vacation relief persons will be assigned to Station 1 when not on relief
assignment.
b. Relief assi gment can be made to any Station or shift 1'lere a shortage of
personnel will cause unnecessary overtime.
c. Shortages may be caused by vacation, sick leave, disability or any leav~ of
absence that causes a shift to be short of personnel while another has a
surplus.
d. Shi ft transfers wi1 l be made so as not to cause the relief person to "9Crk
more than the prescribed n1JF1ber of hours in the prescribed period.
e. Relief assignments will be made and hours will be coordinated by the
Battalion Chief's office.
Section 3. Transfer Reruests. Non-probationary fire personnel l'ltaY sub~it transfer
requests to thefr fnmed ate supervisor to be forwarded to the appl"'Opriate chief
officer. Providing that Departmental needs are satisfied, such transfers will be
adninistered using ~frst a mutually agreeable exchange, secondly seniority.
The transfer requests shall remain on file during the year and may be granted \titien a
vacancy occurs, provf ding the requesting employee possesses the experience anrl
performance ability required to fill the vacancy.
This section shall be established on a trial basfs for twelve months, beginning
Septetrtber 1, 1983 and ending September 1, 1qa4. Representatives of the Fire Chief
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MEMORANDUM OF AGREEMENT
Page 7
and Union will meet during the year to adjust this program to extend through the
current M.o.u. per;od as mutually agreeable.
Section 4. Special Ass'f gnf'lents. Management reserves the right to assign personnel
to career develo!l11ent opportunities, special projects7 seminars, programs and
selected educational and/or training courses, based on Fire Department needs and the
perfonnance of the employee. Minimt.1n staffing levels shall be maintained.
Section 5. Continuous Hourly Service. Palo Alto Fire nepartment personnel will be
restricted to a work schedule of no more than fi>rty-eight (48) continuous hours. Any
time in excess of this limit must ~e approved by the Fire Chief or his designee.
ARTICLE XV -TRAINING COORDINATION
Section 1. Two shift E!fltpl oyees oer platoon 111ay be assigned to assist the Training
Officer in the coordination, preparation and scheduling of tt'le traininq program. It
is agreed that volunteers will first be sought for such assignment, and further
agreed that the details of this section shall be established by mutual agreement
between the Fire Oepartr1ent and the Union.
ARTICLE xn -PARAMEflIC ASSIGHMENT
Section 1. The City reserves the rfght to limit eligibility for the Paramedic
Program to the Fire Fighter classification.
Section 2. As the Program progresses, Management will assess the need for training
addi bonal Paramedic candf dates. It is Management's intention to provide for such
additional training as necessary for Program continuftv.
ARTICLE XVII -FIRE FIGHTER APPRENTICE PROGRAM
Section 1. The Union agrees to assist the City in the imp1ementat1on of an
apprent1ce, training and affinnative action program. Trainees under such programs
shall be provided with all benef;ts, including retirement benefits~ of other fire
fighters except salary.
Section 2. Employees hired under the apprentice training pro~ram may beq;n ffre
fignt1ng suppression l«lrk after they have reached the Trainee II level. Mfnim1.1n
manpower levels as set forth above shall be detennfned by excluding all trainees.
Section 3. Local 1319 shall be represented and entitled to participate in all staqes
of the testing process, and representatives from Local 1319 shall make
recc>fl'lnendations to the department co.1cerning the qual i fie at ions of any apprent1ce.
MEMORANDUM OF AGREEMENT
Pa9e 8
ARTICLE XVIII -PROMOTION TO FIRf. CAPTAIN
Section 1. All regular promotions from classifications within the representation
un1t to the classification of Fire Captain will be made at the fifth step of the
salary range.
ARTICLE XIX -REOUCTION IN FORCE
Section 1. If the ~rk force is reduced (reduction in force) within a representerl
classification, unit employees having the shortest length of service with the Fire
Oepartfllent will be laid off first so long as employees retained are fully qualified,
trained and capable of perfonning remainfng work.
ARTICLE XX -SELECTIVE CALL BACK WITH REGARD TO RESIOENCY
Section 1. Management may use selective call back with regard to residency in cases
of emergency.
ARTICLE XX! -HEALTH BENEFITS
Section 1. Except as otherwise set forth herein~ the City will maintain the present
level of benefits on Jll City-sponsored medical programs.
Section 2. Health Plan Cost Containment. The City of Palo Alto Employees' Health
Plan sha~r~e modified to include the following cost contain111ent provisions:
a. Second surgical opinion to be required for all non-emergency elective surqer
b. Pre-actnission certification and continued hospital stay review for al 1
non-emergenc:• in-patient adni ssion to an acute care hospital. Speci fie
provisions to be ~rked out on a mutually aqreeable basis.
c. Hospital bill audit for all bill~. fn excess of $15,000.
d. Psychiatric c~verage maximum of $50,000 on in-patient visits with annual
reinstatement of maximlJll u~ to $2t500.
With regard to a. throu9~ c. above, Management will prepare rloctJnents necessary for
implementation whkh will be reviewed wf th the Union before becoming effectiv~. Unio
representative{ s) shall have the option to participate with Management in sel ectinq
the organization which will provide services.
Section 3. City Health Plan or Kaiser Health Plan. The City shall pay 100% of the
premiums for all employee and dependent coverages on behalf of eligible anrl enroll~d
employees and dependent~. Health Plan premium increases during the term of the
Memorandum of Agreement will be ass1.111ed by the City.
MEMORANDUM OF AGREEMENT
P.:tge 9
ARTICLE XXII -DENTAL BENEFITS
Section 1. Except as otherwise set forth herein, the City will maintain the present
1 evel of benefits on the City-sponsored dental program.
Section 2. The City shall pay all premitm payments or equivalent self-insured
program charges on behalf of employees and dependents wf'lo are eligible and enrolled
for coverage under the existing dental plan.
Section 3. Effective July 1, 1986, the City will provide a 50% of reasonable
charges, $1,500 li fetfme maximum orthodontic benefit for representation unit
employees and their dependents.
ARTICLE XXIII -LIFE INSURANCE
Section 1. The City will pay the following amounts of premil.111 on behalf of Fire
personnel :
Basic Life Insurance
(per $1,000 of coverage)
Per Pay Period
$.lll
Per Month (Approx.)
$ .31
ARTICLE XXIV -RETIREMENT BENEFITS
Section 1. The current Public Employees' Retirement System (PERS} benefits, known as
the "2 percent at 50" Plan shall continue in effect.
Section 2. City-Paid PERS Employee Contribution
a. Effective with the pay period including Ju~.v 1, 1983, the City will pay 7'f,
of the 9% PERS employee contribution except that, subject to receipt of
favorable tax rulings by the City Attorney no later than June 30, 1984,
employees who retire between July 1, 1983 and June 30, 1984 shall receive a
5.6i pay increase effective July 1, 1983 anrl shall not receive the City-paid
PERS contribution. For purposes of negotiations and/or arbitration
proceedings hereafter, City payment of the 7% PERS employee contribution
will be deel'led as a 7i salary adjustment for the year July 1, 1983 throuqh
June 30, 1984.
b. Effective with the pay period including Jul; 1, 1984 the r.ity will pay tfle
9i PERS employee contribution. For purposes of •1egotiations and/or
arbitratfon proceedings hereafter, c;ty payment of the 2% additional PERS
employee contribution will be deemed as a 2i salary adjustment for the year
July 1, 1984 through June 30, 1985.
MEMORANDUM OF AGREEMENT
Page 10
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ARTICLE XXV -RETIREMENT MEDICAL PLAN
Section 1. The City shall, upon submittal of evidence of payment, reimburse up to
$183 per quarter of medical plan premilJns on behalf of representation unit employees
who retire frcxn the City unde~ service or disability retfret1tents. The retiree may
select any medical plan. The plan may cover eligible dependents as defined u"der the
City Employees 1 Health Plan. No reimbursements will be made for plans providing
benefits other than medical and health benefits. Refmbursement requests must be
filed within 12 months of date charges were incurred.
Section 2. There shall be no increase in charges fo~ single party coverage under the
City Retiree Medical Plan during the tenn of this agreement.
ARTICLE XXVI -VACATION ACCRUAL
Section 1. All eligible fire suppression persons shall accrue vacation at the
fo11 owing rate for continuous service perfonned in a pay status. Non-shift
representation unit employees shall accrue the 40-hour equivalent--one shift equals
sixteen hours.
a. For Employees completing less than 4 years continuous service, the accrual
rate shall be five duty shift~ per year.
b. For employees completing 4 hut not mol"e than 9 years continuous service, the
accrual rate shall be eight duty shifts per ye~r.
c. For employees comp1etfng 9 but not more than 14 years continuous service,
the accrual rate shall be ten duty shifts per year.
d. For employees completing 14 or more years continuous service, the accrual
rate shall be eleven duty shifts per year.
Section 2. Represented employees who fail to use all vacation as accruerl may
continue the accrual balance and be entitled to all accrued but unused vacation UPon
termination, except as limited below.
Section 3. Effective be9inn1ng January 1, 1984, vacation accrual balances shall be
llmi tea to three times the annua".i accrual rate Accrual credit beyond this limit
shall not be recognized or comper.~ation except that 1 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 tennination. No additions
may be made to the bank after January 1, 1984. The ba~k is established only to
facilitate changeover from unlimited to three times annual accrual rate limitation on
vacation accrual as herein provided.
ARTICLE XXVI 1 -USE OF VACATION
.section 1.!. The maximllfl number of vacation scheduling slots for representation unit
suppress1on employees is four {4) per platoon on a year-round basis.
MEHORANOUM Of AGREEMENT
Page 11
Section 2. Fair labor Standards Act. Management will implement provisions of the
Fa;r Labor Standards ACt efFective AP"ri1 15. 1985. Compensatory time off with
Management approval may be used as an alternative to overtime compensation only
within the 27-1ay work period wf thfn which the overtime is worked. Durinq tt-e tenn
of this agreement, either v· ~: .~ay invoke meeting anrl conferring on those specific
sections of Articles of the Mt;.,rtorandllt't of Agreement which are affected by
implementation of the Fair Labor Standards Act. including where City costs are
increased or employee rights are modified s a result of Fair Labor Standards Act
provisions.
Section 3. Se"9rabflfty. Should any of the provisions herein contained be rendered
or declared invla1d by reason of any existing State or Federal legislation or by
reason of State or U.S. Supreme Court ruling, such invalidation of such part or
portion of this Memorandum of Agreement shall not invalidate the remafn;ng portions
hereof, and they shall remain in fu11 force and effect, insofar as such remainf ng
portions are severable.
Sect;on 4. Vacation scheduling MUst be approved by the Battalion Chief or Fire
Chief. The mini~llll is tlWelve (12) hours or more for suppression employees. Advance
vacation schedules for suripress1on shall begin either at 8:00 a.m. or fl:JO p.m.
Section 5. Vacation Pay. Vacation pay shall be made available in advance of re~ular
pay day provided that emrloyee requests such advance in writing to the Controller's
Office at least tl«> weeks prior to h1 s/her vacation date. The employee• s supervisor
must verify vacation date on the request.
Section 6. Illness on Vacation. When an employee bec011es ill while on vacat;on and
such illness can be supported by a ~tatement from a~ 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 7. When to be Taken. The ti~e at ~ich an employee may use accrued vacation
leave anCl the anaount to be taken Pt any one time shall IJ.e detemined by the Chief
with particular regard for the needs of the City, but insofar as possibleJ
considering the wishes of the employee.
Section 8. Limitation on Use. Employees may not use 1110re than 3 t1Mes their annual
rate of accrua1 in any calendar year period provided, however, that the Chfef ~ay
grant exceptions to this limitation.
Section 9. Wafting Period. Employees shall complete six months continuous service
"De"fore using accrued vacation leave.
Section 10. Double Compensation Prohibited. Employees shall not "°rk for the City
during their vacation.
MEMORANDUM OF AGREf~t:NT
Page 12
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
authorf zed in Section 9. Up to five days ( 56 shift hours} sf ck 1 eave per year may be
used for nlness in the inwnediate family (wife. husband, child, parent, parent
in-law, brother, sister, or close 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
been in a pay status for 50 percent or more of a bi-weekly pay period. Sick leave
shall be accrued at the rate of six shifts per year.
Section 4. Accumulation. Actrued sick leave may be accumulated without limit
except as provided in section 8 below.
Section 5. Use. Sick leave may be used as needed and aprroved, to the point of
depletion, at which time the employee will no longer receive pay for stck leave. A
new employee may, 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. "11y negative
balances generated by such utilizatio~ will be charged against future accrual or
deducted from final paycheck in the event of termination.
An employee who has been disabled for 60 consecutive days, and "1o is otherwise
eligible both for payment under the long-tenn disability group insurance coveraqe and
accrued sick leave beneffts may, at his/her optfon, choose efther to receive the
1ong-term disability benefits or to utilize the remainder of his/her accrued sick
leave prior to Jpplying for long-tenn disability benefits.
Sick leave will not be granted for illness occurring during any leave of absence
other than ~ick leave. unless the employee can demonstrate that it "8S necessary to
come under the care of a doctor while on such other 1 eave 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 regular
starting time on the ffrst "'°rk1ng day of dbsence, and shall regularly report on, or
account in advance for each ~rk day thereafter unless hospitalized or otherwise
indisposed. Such reports may be subject to written doct.lflentation. Sick leave shall
not be granted unless such report or advance accounting has been made, provided,
however, that the department head may grant exception to this policy where the
circttns!ances warrant.
Section 6~ DeJlletion of Sick Leave Benefits. Upon depletion of sick leave or the beginning of t per"lod to be covered by payments under the long-term disability
group insurance coverage, "1ichever comes first. an etiployee may be granted a me~ical
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 perio~. he/she must request further
medical leave which will be subject to the approval of the City Manager. If f~rther
leave is granted, the employee must notify the City of intent to return to ~rk every
MEMORANDUM OF AGREEMENT
Page 13
thirty days. If further leave is not granted, the employee• s service with the City
shall be considered tennfnated.
Section 7. Forfeiture U¥on Termination. Employees leaving the municipal service
sf:atl forfeit all accumu ated sick leave, except as otherwise provided by law and
Section 8. In the event that notice of resignation is given~ sick leave may be used
only through the day whkh was designated as the final day of worlc by SUl.. notice.
Section 8. Payment for Accumulated Sick Leave. Eligible employees ~o leave the
municipal service in good standing, or WhO die whfle employed fn good standfn9 hy the
City, and who have fifteen or more years of continuous service shall receive
compensation for unused sick leave hours in a s1.111 equal to two and one-half percent
of their unused sick leave hours multiplied by their years of continuous service and
thefr basic hOl1rly rate of pay at tennfnatfon. Full sfck leave accrual will be pafrl
in the event of termination due to disability. For new employees h;red after
Oecember 31, 1983, sick leave accrua1 accumulation will be limited to 1,000 hours
with no payoff provisions for urtused balance at tenninatfon.
Section 9. Personal Business Leave Char able to Sick Leave. It is agreed between
t e part1es t at a s t t P'?rsonne represen y n on sha11 have the right to
charge up to twenty-four hours oer~onal business leave per year to sick leave, and
that all nonshift personnel shall have the right to charge up to sixteen hours
personal business leave per year to sfck leave. Such per~onal business leave shall
be allowed only on a staffing available basis and where the provisions of the minimum
staffing agreement are not affected. "Staffing avaf1ablen means at or above ~iniml.lll
staffing levels as defined in Article XII.
ARTICLE XXIX -SUBPOE~AS
Employees required t.o answer subpoenas as a witness for the City of Palo Al to or for
a plaintiff where the City of Palo Alto is a defendant shall not lose pay or benefits
for work time 1ost to answer depositions or to appear ;n court.
ARTICLE XXX -WORKERS 1 COMPENSATION
Section 1. Subject to applicable state law, all permanent di sab111ty settlements
entered into pursuant to this provision by the City and a disabled anployee based
upon the Labor Code "Schedule for Rating Permanent Of sabi11tfes" shall be aucr1ented
by a 10% premiun provided:
a. The total settlement, including the 1oi premilJ'll benefit is approved by the
Workers' COftlpensation Appeals Board.
b. That neither a "Notice of C1aim11 nor 11 Appl ication for Adjud1catfon 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 e11tployee.
MEMORANDUM lJf AGREEMENT
Page 14
d. The injured employee and the City Loss Control Manager employ the guidance
of the State Department of Industrial Relations Office of Information anrl
Assistance to resolve any outstanding issues or misunderstandings.
Section 2. Nothing in this provision precludes the employee front retaining counsel
representation at any stage cf the process, however the 1oi premium benefit shall not
apply if an employee elects counsel representation. Representat·ion is a legal
right.
Section 3. Status Reporting While on Disabilit • Persons on disability will be
requ1re o appear or o er se repar a regu ar two-week intervals to the Fire
Chief or designate to discuss his/her status o·f medical treatment therapy and
physical condition. This section is not meant to unreasonably restrict employees'
activities so long as such activities are cleared by the treating physiciar., treating
program or alternative ti·eatment program is maintained and employee fs avail able for
full or restricted duty as soon as medical clearance can be recefved.
ARTICLE XXXI -PHYSICAL FITNESS MEDICAL F.XAMINATIONS
Physical fitness medical examinations for all represented employees shall incl urfe
chest x-rays, eye examination and hearing examination •
.
ARTICLE XXXI I -LEAVES OF ABSENCE WITHOUT PAY
Section J. Disability. Leaves of absence without pay may be granted-in cases of
d1saDTlTty not covered by sick leave. Pregnancy will be considered as any other
disability. Leaves of absence for disabil f ty are subject to physician's verification
including diagnosis and medical work restriction.
Section 2. Other Leaves. Leaves of absence without pay may be granted in cases of
personal emergency or when such absences would not be contrary to the best interest
of the City. Nondfsability prenatal anrl/or postpartLM leave is available under this
provision, but such 1 eave shal 1 not begin more than sh months prenatal nor extend
rnore than six months postpart1.1n.
Section 3. During unpaid leaves of absence for disability or other reasons, 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 writing to be effective.
Section 4. App!"oval of Department Head. Leave of absence without pay for one ~ek
or less niay be granted by the department head, d€pending on the merit of the
individual case.
Section 5. Aperoval by Cit{ Mana2E!r· Leave of absence without pay fn excess of one
week's duration may "Ee gran ed by the City Manager on the merit of the case, but such
leave shall not exceed t111ielve months' duration.
MEMORANDUM Of AGREEMENT
Page 15
·,
Section 6. Absence Without Leave. Unauthorized leave of absence shall be considered
to be without pay, and reduc£ions in the employee's pay shal! be made accordingly.
Unauthorized leave of absence may result in termination of employment.
Section 7. Leave of Absence; Death Outside the ll'!lnediate Family. Leave without pay
may be granted a regular employee by his/her department head in the event of death to
family members other than one of the il'llnediate family, such leave to be granted in
accordance with Section 2 and Section 4.
Section 8. Military leave of ~~sence. State law shall govern the granting of
military leaves of absence and the rights of employe4!s returnin~ from such absence.
ARTICLE XXX!II -LEAVES OF ABSENCE WITH PAY
Section 1. The City Manager may grant a regular employee under his control a leave
of absence with pay for a pedod not exceeding thirty calendar days for reasons he
deems adequate and in the best interest of the City.
Section 2. The City Co•1ncil may grant a regular employee a leave of absence with pay
f~r a period not t~ exceed one year for reaso"s t1e Council considers adequate and in
the best interest of the City.
Section 3. Employee's Tfme Off to Vote. Time off with pay to vote at any general or
direct primary election shall be granted as provided in the State of California
Elections Code, and notice that an employee desires such time off shall be. given in
accordance wi th the prov1 sion s of sa 1 d Co de.
Section 4. Leaves of Absence; Death in Inwnediate Family. Leave of absence with pay
of one shift with provision for approval of one additional shift for travel outside
the area may be granted an employee by the Chief ~n the event of death in the
employee's inmediate family, which h defined for purPoses of this section as wife,
husband, son, daughter, father, mother, brother, sister, mother-in-law,
father-in-law, grandfather, grandnother or a close relative resirlfng in the household
of the employee. Such leave shall be at full pay and shall not be charged agatnst
the employee 1 s accrued vacation or sick leave. Requests for leave in excess of tw:>
shifts shall be subject to the approval of the City Manager.
Section 5. Jur Dut ; Leave of Absence. Employees required to report for jury duty
s a be grante a eave o a sence t pay from their assigned duties un ti 1
released by the court, provided the employee remits to the City all fees received for
such duties other than mileage or subsistence allowances wfthfn thirty days froin ttM!
termination of h1s or her jury service.
ARTICLE XXXIV -TUITION REIMBURSEMENT
Section 1. The City will refni>urse expenses for tuition, books and curr1culll!I fees
Tncurred oy employees wfthfn the representation unit, to a 111axim1.111t of $800 per fiscal
year for classes given by accredited fnstftutfons of learning or approved specialized
MEMORANDUM Of AGREEMENT
Page 16
training proQrams. Programs must either contribute to the employee's job perfonnance
or prepare the employee for other City Positions and must be approved in advanc~.
ARTICLE XXXV -PER OIEM TRAVEL EXPENSF.S
Section 1. Unless other mutually agreeable arranqements are made. representation
unit employees who are required to travel away from the City on City business will
rece~ve travel expenses, according to City policies which are currently in effect.
ARTICLE XXXVI -HOUSE FUND ITEMS
Section 1. Stat;on House Fund. Effective July 1, 1985 1 the station house fund shall
be $33.0o per year per shift employee. Effective July 1, 1986, the fund shall be
$34.00 per year per shift employee.
Section 2. The City agrees to furnish and maintain each fire station w;th non-food
house fund items: TV purchase and repair, Peninsula Times-Tribune, San Franc~~co
Chronicle or San Jose Mercury. kitchen cooking utensils and othe~ sped fie itel'ls to
6e determined by mutual agreement of the parties. The Fire Fiqhters agree to
maintain the voter registration program, with proceeds going to recreational and
related programs.
ARTICLE XXXVII -PARKING
Section 1. Employees in represented classes shall be entitled to free parkinq in the
Cf vfc Center Garage.
ARTICLE XXXVIII -GRIEVANCES
The City and the Union agree to establish a grievance procedure as follows:
1. Definition: A grievance is any complaint or di$pute reqardfng the application of
interpretation of this MemorandlJll of Understanding. rules, regulations, policies
or procedures relating to wages, hours or other terfl"s and conditions of
employment.
2. Any non-probationary e111ployee represented by the Union may file and pr"ocess a
grievance. Such aggrieved employees may be represented by the Union or ~ay
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 dispute.
3. Any retroactivity on monetary grievances shall be limited to the date of
occurrence, except in no case wi 11 retroacti vity be granted prior to three months
before the {n"f evance was fi 1 ed in writing.
MEMORANDUM OF AGREEMENT
Page 17
·.
4. Written grievances shall be subMf tted on fonns provided by the City or on fonns
which are mutually agreeable to the City and the Union.
5. The time limits specified in this section may be extenderl by mutual aqreement in
writing of the aggrieved employee or Union and the reviewer concerned. Should a
decision not be rendered within a stipulated time limit~ the aggrieve~ employee
may illl!lediately appeal to the next step. The ~rievance will be considered
settled if the decision of any step is not appealed within the specified time
1 imi t.
6. Step I • The aggrieved emp 1 oyee 1111111 first attempt to re so 1 ve the gri ev a nee
throug~ infonnal discussions with the 1nmediate supervisor by the end of the
seventh calendar day fellowing the discovery of the incident upon W1ich the
grievance is based. Every attempt will be made to settle the issue at this
1 evel.
Step II. If the grievance 'f s not resolved through informal discussions, it may oe submitted in writing to the Battalion Chief within seven calenrlar tfays of the
informal discussion. The Battalion Chief will have seven calendar days from
receipt of the grievance to review the matter and prepare a written response. If
the grievance is denied, the re~~nse shall contain the reasons therefor.
Ste~ III. If the grievance is not resolved in Step II, it may be subsnitted in
wri ing to the Fire Chief within seven calendar days of receipt of the Battalion
Chief's written response. The Fire Chief will have seven calendar days from
receipt of the grievance to review the ~atter and prepare a written response. If
the grievance is denied, the response shall contain the reasons t~erefor.
Step IV. If the grievance is not resolved in Step III, the a9grieved employee
may submit the grievance to the City Manager for final detennination or to
bfnding 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 III. All hearings before the City Manaqer shall be
pursuant to the rules and regulations set forth in the City of Palo Alto ~erit
Rules ar.d Regu1 atfons. ~-iearings before an arbitrator wf 11 be as set forth
below.
In the event the aggrieved employee decides to proceed to arbitration. he/she
shall select jofntly wfth the Director of Personnel Services an arbitrator. If
the parties are unable to agree on an arbitrator, they shall jointly request a
panel of five qualifie~ and experienced arbitrators fr<D the State Conciliation
Service. Upon receipt of the list of arbitrators, the ~runes shall be alternately
struck until one name remains who shall serve as arbitrator. The arbitrator
shal 1 be jointly contacted by the parties.
The arbitrator shall have jurisdiction and author;ty only to interpret, apply, or
detennine compliance with the provisions of the Memorand11n of AgreeP1ent and
such Merit System rules, regulations, policies, procedures, City ordinances or
resolutions relating to terms or conditions of employment, wages or frinqe
benefits, as may hereafter be in effect in the Cf ty insofar as may be necessary
·.
MEMORANDUM ()=' AGREEMENT
Page 18
to the determination of grievances appealed to the arbitrator. The arbitrator
shall be without power to make any decision:
(1) Regarding matters of interest.
(2) Contrary to, or inccnsistent with or modifying in any way, the terms of
this Memorandtn of Pgreement.
(3) Granting any wage increases or decreases.
(4) Granting pay or benefits for any period of time prior to the execution
date of this Memorand1.111 of Agreement.
Where either party seeks arbitration and the other party claims the matter is not
subject to the arbitration provisions of the Memorand1.1n of Agreement, the issue
of arbitrability shall first be decided by the arbitrator usin9 the standar~s and
criteria set forth in this MemorandlJll of Agreement.
The arbitrator shall be without authority to require the City to delegate or
relinquish any oowers ~fch by State law or City Charter the City cannot deleqate
or relinquish.
Copies of the arbitrator's decision shall be submitted to the City and the
aggrieved employee. All direct costs emanating fran the arbitration procedure
shall be shared equally by the City and the aggrieved employee or the Union.
It is further agreed that the provisions of this section shall be incorporated as
part of Chapter 11 of the City of Palo Alto Merit System Rules and Regulations.
Existing procedures set forth fn Chapter 11, to the extent they are inconsistent
with the pro~fsions contained herein, are superseded.
ARTICLE XXXIX -SAFETY COMMITTEE
Section 1. No later than 60 days foll owing the date of this agre,~ent a Safety
Committee comprised of four representation unit members appointed by the llnfon, at
least one from each suppression shift, and at least two members of '4anagement, will
be established. The COl!lnittee may make safety recorm1endations to the Fire Chief
regarding ;equi JJAent, vehicles and apparatus and may review al 1 accidents involving
represented personnel. Management shall inform the Safety Comnfttee of all accidents
involving injuries to represented personnel.
ARTICLE XXXX -FULL UNOERSTANOING
Section 1. The Memorandl.111 of Agreement contains the full and entire understanding of the parties regarding the matters set forth herein.
• •
MEMORANOUM OF AGREEMENT
Page 19
..
Section 2. It is the intent of the parties that ordinances, resolutions, rules and
regulation~ enacted pursuant to this Memorand1.1n of Understanding be adninf stered and
observed in good faith.
Section 3. Merit System Rules and Regulations. During the term of this Memorandum
of agreement, Management intenas t~ propose certain changes fn the City Merit System
Rules and Regulations. With regard to such changes which pertain to the
repres~ntation unit, the parties agree to review, and upon request, meet and confer
regarding the changes.
Section 4. Nothing in this agreement shall preclude the parties from mutually
agreeing to meet and confer on any subject within the scope of representation durfnq
the term of this agreement.
ARTICLE XXXXI -DURATION
This Memorand1.1n of Agreement shall become effective July 1, 198~ and remain effective
until June 30, 1987.
EXECUTED: June 27, 1985
FOR: FOR;
INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS CITY <F PALO ALTO
s/Anthony Spitaleri s/Jay Rounds
s/Michael Single s/Hal Anjo
s/Ralph Hutchison s/Amy Mosgraves
s/Robert Makjavich s/Don Shaw
s/Dale Hopkins s/Jeanine Robertson
s/Wa~e Evans
sf James McGee