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HomeMy WebLinkAboutRESO 66430 RESOLUTION NO. 6643 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 1501 OF THE MERIT SYSTEM RULES AND REGULATIONS REGARDING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PALO ALTO AND LOCAL 1319, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS 'l'he Council of the City of Palo Alto does RESOLVE as follows: SECTION 1. 3ection 1501 of the :1erit System Rules and Regulations is hereby amended to read as follows: 1501. llemorandaa 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 an~ Article I through XLII, with one appendix labeled Appendix A attached hereto a.id incorporated therein, being 20 pages in length, for a term coamencing July 1, 1987, and expiring June 30, 1990, is hereby incorporated iilto these Merit system Rules and Regulations by reference as though fully set forth herein. Said memorandum shall apply to all employees in classifications reprP.sented by said Local 1319, International Associa ion of Fire Fighters, except ~here specifically provided otherwise her.ein. 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 Pire Fighters. SECTION 2. The changes provided for in this resolution shall not alfect any right established or accrued, or a~y offense or act committed, or any penalty of forfeiture incurred, or any prosecution, suit, or proceedin9 pending or any judgment rendered prior to the effective date of this resolution. SECTION 3. The Council finds that tbis ;.s not a project under the California EnviroDftlental Quality Ac~ and, therefore, no environmental impact assessaent is necessary. INTRODUCBD AND PASSED: August 24, 1987 AYES: Cobb, Fletcher, Rlein, Levy, Renzel, Sutorius, Woolley NOL':S: Pa ti tucci ABSTENTIONS: None ABSENT: Bechtel APPROVED: Mayor , . APPROVED AS~TO FO : ~~~f.: .. city AttorneyC7~ AP PROV 4 • MEMORANDUM OF AGREEMENT ~ITY OF PALO ALTO and LOCAL 1319, I.A.F.F. July 1. 1987 -June 30, 1990 PREAMBLE This Memorandum of Agreement between the City of Palo Alto. hereinafter referred to as the •city•. and Local 1319, International ~sociatfon of Fire Fighters, hereinaf- ter referred to as the •union•, has been prepared and entered into in accordance with Title J, Dfvf~1on 4, Oiapter 10, Sections 3500-3510 of the calf fornia Government 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 solely of the class1ffcations of Fire Apparatus Operator, Fire Fighter, Fire captain, Fire Inspector and Hazardous Materials Specialist .tlo are regularly employed by the City and others as amended fnto the representation unit from tfme to time under ex1stfng law and the Merft System Rules and Regulations. ~RTICLE II -NO DISCRIMINATION Section 1. The Union and the City hereby agree that there shall be no discrimfna- tfon because of race, color, age, handicap, sex, national origin, political or religious affflfat1on under this Agreement. There shall be no discrfmfnatfon fn employment conditions or treatment of employees on the basfs of membership or nonmem- bershfp fn the Union, or partfcf patfon fn the lawful activities of the Union. Section 2. The Union and the Cfty hereby a~ree to protect the rights of all employ- ees to exercise their free choice to join the Un1on and to abide by the express pro- visions of a~plfcable State and local laws. ARTICLE III -PAYROLL DEDUCTIONS Section 1. The Cfty shall deduct Union ineft>ershfp dues and any other mutually agreed upon payroll deduction from the bf-weekly pay of member employees. The dues deduc- tion must be authorized fn writing by the employee on an authorf zatfon card accept- able to the City and the Unfon. The Cfty shall remit the ~ducted dues to the Union as soon as possible after deduction. All Union mmbers on payroll ded•1ctfon for payment of Union dues as of 5:00 p.111. on the tenth day following signing of this Memorandllll of Agreement !TR.1st remain on payroll deduction for the 11 fe of the Memorandum of Agreement, or so long as they remain melllbers of the representation unit. Union melllbers who establish dues payroll deduction during the tenn of the Memorandum of Agreement must remain on payroll deduction for the life of the Memorand11n of Understanding. or so long as they remain members of the representation unft. Union members 0:1 dues payroll deduction may declare their intention to term1nate such payroll deduction following expfratfon of this Memorandum of Agreement during the thirty day period between sixty and ninety days prf.:>r to expiration of the Memorand1111 of Agreement. ARTICLE IV -UNION ACTIVITIES Section 1. Local 1319 offf cers may use a reasonable amount of on-duty time to attend to On1on business spec1f1ca11y 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 Sectf on 2. Interoffice Mail and Bulletin Boards. The Union shall have access to fnteroff1ce mat!, exfst1ng bu11etfn boards 1n unft employee work areas for the pur- pose of posting, transmttting, or distrfbutfng not~ce or announcements including notices of social events. recreational events, Union merrbershfp meetings, result of elections and reports of minutes of Union meetings. Any other material must have prior approval of the Battalion Chief or Operations Chief. Action on approval wf 11 be taken within 24 hours of submt ssfon •. Section 3. Use of Meeting Places. The Union shall have the right to reserve City meetf ng and conference rooms tor use during non-working hours or as subject to Battalion Chief approval. Such meeting places wf 11 be made available in confonnfty with City regulation$ and subject to the li•itations of prior coP.Wnitment. ARTICLE Y -NO STRIKES Section 1. The Union. its representatives, or members, shall not engage in or cause. 1nst1gate. encourage, sanction. or condone a strike, withholding of services, leave of absence &buse, work stoppage or work slowdown of any kind against the City of Palo Alto or fts citizens by employees covered under this Agreement. No employee shall refuse to cross any picket line in the conduct of Ffre Department business, nor shall the Union, fts representatives or members discrflRinate 1n any way toward anyone who refuses to particf pate fn a strike. or any of the job actions cited above. ARTICLE VI -PROBATIONARY PERIOD Section 1. All original appointments to regular or part-time municipal service posi- tions shall I~ tQntative and subject to a probationary period. ffxed by the appoint- ing authority at the time of appointMent. of tt111elve 110nths. Section 2. The probationary period shall be regarded as part of :he testing process and shall be utilized for closely observing all aspects of the employee's qualifications. for ensuring the effective adjustment of a new employee to the -2- • I • • .. position and for rejecting any probationary employee who fn the opfnf on of management f s not suitable to attain permanent status. · Section 3. During the probationary period a new employee may ~e suspended, or ter- mfnated at any tfme by the appof ntfng authority without cause and without right of appeal or to ~ubmft a grievance. Said employee shall not have the right to proceed to arbitration on the issue of arb1trab11fty or on the merits of such a dispute. Ne~ther party waives any of its constf tutfonal or discovery rights. nor those of any employee by reason of the foregoing. The Union shall not be a party to any lawsuit relating to the termination of a probationary emp1oyee. ARTICLE VII -SAL~RY PROVISIONS Section 1. a. Effective June 20. 1987., a Sl.. increase at the E-Step will be applied to the salary ranges of all represented classes. b. Effective June 20, 1987. an additional 3i increase at the E-Step (total increase 81 when added to 51 from 1.a. above} will be applied to the salary range of the Inspector classfffcatfon. S'!ction 2. Effective wfth the pay period including July 1, 1988, a SS increase at the E-Step will be applied to the salary ranges of all represented classes. Section 3. Effective with the pay period including July 1, 1989, a 41 increase ~t the £-step will be applied to the salary ranges of all represented classes. Section 4. Effective with the pay period including November 1. 1989, a 2S increase it'thi"'!=Step will be applied to tne salary ranges of all represented classes. Section S. Out-of-Class Co£¥0nsation. All represented employees who are assigned work fn a higher classfffcat on for longe~ than four (4) continuous hours wit~ be compensated at a higher pay rate for all hours worked during the out-of-class assign- ment. Thfs provision applies as follows: Fireffghterr Apparatus Operator, captain or Inspector working in a higher clas- sification: Step to step, or if in a management position, wfthfn the range of the nanagement posftfon. Section 6. Pa{ for Court Appearance. Sworn Fire Persnnnel appearing f n court for the People sha 1 be compensated as follows: Period a. Appearance on scheduled day off. b. Any or 111 tcurt time during scheduled shift. Rate Hf nfmum Time and one-half at 4 hours 40-hour rate Straight the durfng !~ne shift at 56•hour rate • ... 3 ... c. -.,pearance on scheduled work day but not durf ng scheduled shf ft. Ti111e and one-half at 40-hour rate. 2 hours (2 hour •f nfMUll •Y not run f nto shift tfme) The employee shall remft all fees received for such aps:earances t' the Cfty wfthin thirty days frOll the teMninatfon of ~ts/her services. ColRper.satfon for mileage or subsfstence allowance shall not be considered as a fee and shall be retained by the employee. ART!CLE VIII -PARAMEDIC DIFFERENTIAL Section 1. Paramedics who have completed the required training and been certf ffed fn accordance with the program will receive a SS df fferentfal fn addition to their base salary effective beginning with the date of assignment to rotatfonal Paramedic duty. Upon COQlpletfon of sfx 1110nths of rotational Paramedic duty. the dffferentfal will increase to a total of 12.51 in addf tf on to base salary. The Paramedic salary dif- ferential wfll tenrlnate with the cessation of assignment to rotational Paramedf c duty. except that paramedics wfth sfx or inore years of Palo Alto paramedfc service w111 be Y-rated upon cessation of assfgn111ent. ARTICLE IX -ANNUAL ADJUSTMENT Section 1. Annually, each employee "1o holds a regular full-time appointment in the mun1cfpa1 service on or before July first and cont.fnues 1n such status through the first day of Pay Period No. 25 Cfn Decelllber) shall n!cefve. fn addftfon to the salary prescrfbed herein, a salary adjustment equal to one percent of the employee's current annual salary. Annual adjustllll!nts shall be prorated to reflect appofntllent from January 1 through July 1 of the et.Trent year, or interrupted service during the year. ARTICLE X -HOLIDAYS Section 1. Representation unit ffre suppression personnP1 fn pay status shal 1 receive 5.75 hours straight tfme regular pay per pay pe1 Jd fn lieu of holidays to a maxf .. payment of 149.5 hours per year. Section 2. If etnployees llffsh to tat~ till! off fnstead of fn-11eu pay, tfme off shall bi at the rate of one~half shfft (12 hours) per 110nth on a staffing available basis. Such tfme off mst be scheduled so that no additional overtfMe-wtl 1 be requfred to achieve suppression llfnfan staffing. Ti• off instead of 1n•11eu holiday pay may be taken fn advance of the mnth that said fn-1 feu hours become payable up to a Oliui .. of 48 hours. However, no fn-lfeu hours wf 11 be pafd until such advanced time off has been liquidated by the 1n-1feu hours accr•d fn subsequent mnths. .. • I .. Section 3. a. Personnel assigned to a 40-hour w>rk schedule will recefve patd holidays f n accordance with Sections 517 and 518 of the Merit System Rules and Regul atf ons. b. Personnel assigned to a 40-hour wrk schedule w111 receive floating days off wfth pay in each of the following months: August, .september, March, April, June. The following conditions wt11 hold: (1) Management will designate the schedule of the paid day off under this section at least thirty days ~n advance. (2) If 1n confonnance with this section Management 1s unable to schedule a day off fn the 11e>nth fndfcated for reasons of shift operatfons, work scheduling or any other reason, the day will be added to the employee's vacation accrual. (3) If a~ elRJ)loyee fails to take a day off as scheduled by Management under this section, the day off so scheduled will be forfeited. ARTICLE XI -OYERT1"E COMPENSATION Section 1. Shift personnel assigned to overt1• relief duty in addition to their regular S6-hour sh1~ schedule shall receive overtime c~nsatfon 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 hours of the relief duty shfft. 0Verti111e assign11ents for duties other than llfnf1m11 sb\fff~ shall receive compensation at a rate of one and one-half ti.es the employee's baste 40-hour rate. ARTICLE XII -MINIKUM STAr"'FING Section 1. Ffre Departllent admfntstratfon and the Unfon have agreed to the follow- ing for c1arf fication of mf nf111Um suppression stafff ng; a. Thirty-one (31) fire suppression personnel (exclusive of the Battalion 011ef} shall be scheduled per shift. Replacement personnel will be recalled when absences wtll cause staffing to fall below 31. EXWT 1n the fnstances of: \1) E11ergency 11 lnees or absences occUf"r1ng afte1· 11:00 p.11. fn which case staffing 1111 ~e at 30 untf 1 8:00 •·•· (Z) Whenever absences will cause staffing of the cOllbtnation Rescue 1-6 or Truck company to fall below three persons for four hours or less. -5- b. It fs further agreed that fn achfevfng llfnfl!IUln stafffng. set forth herein., engine, truck and combination rescue COllPln1es shail not be reduced from the 1e¥el of one Ffre taptafn, one Fire Appar1t.us Operator and one Fireffghter, except as fndfcated in Section 1.a(l) and (2) of thfs article. Paramedic unit mfnf11t111 stafffng shall be two certfffed Par..edfcs. 1he Foothill Ffre Station #8., when activated by the Fire Chfef 11 shall be staffed wfth one Fire Apparatus Operator and one Firefighter. c. The llfnillUll recall for suppressfon llinf .. staffing shall be four (4) hours. ARTICLE XIII ... FIRE DEPARlMENT PROGRAMS Section 1. The Unfon agrees to contir;ue fts cooperation and partfcfpatfon 1n ed st- fng weather station and coB11Unfty blood pressure screening and nieasure.ent programs. ARTIQ.E XIV -WORK ASSIGNMENTS AND TRANSFERS It fs the fntent of the Palo Alto fire Administration and Local 1319 that \C)!"'k assfgnrents and transfers wfll reflect the best interests of the Ffre DepartMent and the Cfty. The Fire Department will mfntain a constant state of readiness to defend against flre and other disasters. It fs therefore imperative that a11 Ffre Depart- 11ent d1Y1stons assign perSt'ftnel fn the best •nner to respond to the needs of the City and the Departlleftt. It is also acknowledged that the Fire Olfef is responsfble to •b! and/or approve the wrt assf gnments or transfers of Fire Department person-nel. T1le Ff~ Chief. or his des1gnee. shall fnfttate personnel ass1gn11ents and transfers to oalance platoon or dfrisf on strength. fill permnent or tetaporary vacancf es and provide required trafnfng to fncHvfdual personnel. Such assignments wf11 be based on senfortty. except where career development, training, special ass1gmients11 stf11s and docuaented performnce issues are specfftcally fdent1f1ed fn 111ritfng 11 11anage11ent •Y •ke assf grments based on such issues. Sectf°" 1. Shf!tuts. Mien possible, least senior fire fighters wfll be assigned to Statfon fl aftd 11 be given shart term ar shipout relfef duty. Section 21 Vacati<m Relief Positions. tn ordt!r that platoon stJ engths can be bal- ancea ....e qufct1y arid to reduce u; iieed for e"cess overtime. tt«» post tfons "1111 be destgnated for vacation relief. These posftf0tts trill be the 1CMst two on the Departant senfority lf st who have C011Pleted thefr probationary period. a. The neaticm relief ~son! wfll be assigned to Station 1 when not on re11ef ass1 gftllll!nt. b. Aelfef assfgnmnt can be mde to any ~tatfon or shift tllftere 1 shortage cf personnel wf11 cause unnecessary overt1•. ' . c. Shortages llllY be caused by vacation. sfck leave. disability or any leave of absence that causes a shtft to be short of personnel while another has a surplus. d. Shift transfers wt11 be mde so as not to cause the relief person to work 1110r~ than the pre~~rtbed number of hours f n the prescrfbed pe~fod. e. Relief asstgn~nts wfll be made and hours wf11 be coor1fnated by the Batta.lion Chfef's office. Section 3. Transfer Re?uests. Non-~robattonary fire personnel IRilY submit transfer requests to their 1nned ate supervisor to be forwarded to the appropriate chief offi- cer~ Providing that Departmental needs are satfsffed. such transfers will be admfn- fstered using first a mutually agree!ble exchange, secondly senior~ty. The transfer requests shall remain on file during the year and may be granted "1en a vacancy occurs, providing the requesting employee possesses the e~perf ence and per- formance ability required to fill the vacancy. Section 4. ~cial Assfgnments. Management reserves the rfght to assign personnel to career ae~opment opportunftfes, special projerts. seminars. programs and selec- t~d educational and/or tr~f nf ng courses, based on Ff re Department needs and the per- forma.nce of the e.ployee. Mfni'llUll staffing levels shall be maintained. Section s. Continuous Hourly Service. Palo Alto Fire Department personnel wfll be restrfcted to a wrk schedule of no more than forty-eight (48) co:.tfnuous hours. key time in excess of this lf•it aust be approved by the Fire Chfef or his desf gnee. ARTICLE XV -TRAINING COORDINATION Section 1. Three shfft einployees per platoon IBY be assigned to assist the Training Offfcer tn the coordination. prepara!fon and scheduling of the training program. It is agreed that volunteers w111 first be sought for such assigninent, and further agreed that the details of thfs section shall be established by mutual agree~nt between the Fire Chief and the Union. ARTICLE XVI -PARN'!EOIC ~SSIGNMENT Sectfon 1. The City reserves the right to lf•it eligibtlfty for the Paramedic Pro- gra• to the Fire Fighter classification. Section 2. As the Progru progresses, Management wtl l assess the need for trafning addftfonal Paramedic candfdates. It 1s Management's fntentfon to provide for such additional training as necessary for Program continuity. ARTICLE XVII -FIRE FIGHTER APPRENTICE PROGRAM Section 1. The Union agrees to assist the Cf ty fn the iaple11entatf on of an appren- tf ce, trafnfng and afffnaa.ttve action program. Trainees l.l'lder such programs -7- shall be provf ded wfth all benefits, 1nc1udf ng retirement benefits, of ether ffre f1ghters except salary. Section 2. Employees hired under the apprentice trafnfng program may begf n fire ffght1ng suppression work after they have reached the Trainee 11 level. Minimum manpower levels as set forth above shall be determined by excluding all trainees. Sectfon 3. Local 1319 shall be represented and entitled to partfcfpate fn all stages of the testhlg process, and representatf ves from Local 1319 sha11 ::.ake recommenda- tions to the department concerning the qualfficatfons of any apprentice. ARTICLE XVIII -PROMOTION TO FIRE CAPTAIN Section 1. All regular promotfons from classfffcatfons wfthfn the representation untt +o the classf ffcatfon of Fire Captain wf 11 be made at the fifth step of the salary range. ARTICLE XIX -REDUCTION IN FORCE Section 1. If the work fore! f s reduced (reduction in force) wfthfn a represented c1ass1t1cat1on, unit employees having the shortest length of service wf th the Fire Department will be lafd off first so long as employees retained are fully qualified. trained and capable of performing remaining work. ARTICLE XX -SELECTIVE CALL BACK WITH REGARD TO RESIDENCY Section 1. Management nay use selective tall back wf th regard to resfdency fn cases of emergency. ARTICLE ~XI -HEALTH BENEFITS Saction 1. Except as otherwf se set forth herefn, ttte City wf 11 ma.fntaf" the present level of 6eneffts on all C1ty•sponsored medical progr1& ... J. Section 2. Health Plan Cost Contafmnent. The City of Palo Alto Employees• Health IS'lan shall bi ilOdfffed to fnciude the following cost containment provfsfons: a. Second surgical opinion to be required for all non-emergency elective surger b. Pre-admf sston certf ffcatfon and contfnved hosoftal stay review for all non-e111ergency fn-patfent adlllissfon to an acute care hospital. Specific pro- vtsfons to be worked out on a BJtually agreeable basts. c. Hospftal bill audit for all bills tn excess of SlS,OCO. d. Psychiatric coverage aaxilDUlll of SS0,000 on in-patient visits wfth annual ref nstate11ent of aaxi11t1n up to $2.500. -8- ' . With regard to a. through c. above, Management will prepare documents necessary for imple~ntation which will be reviewed with the Union before becoming effective. Union representatfve(s) shall have the option to participate with Management.in selecting the organization whfch will provi~e services. Section 3. Cit' Health Plan or Kaiser Health Plan. The City shall pay lOOS of the preiriiums for al employee and dipendent coverages on ~ehalf of eligible and enrolled employees and dependents. Health Plan premium increases during the term of the Memorandum of Agreement will be assumed by the City. Section 4. Public Employees' Retirement System Health Benefits Program. During the term of thfs agreement. management and Local 1319 W111 study the feas1bilfty of adding the PERS Health Benefits Program as an alternative or additional health plan. Objectives of the study will include: 1. Can the PERS Plan be offered in addition to current plans? 2. If not, will employees prefer the plan in-lieu of current plans? 3. can the plan be funded within the cost structure of current Cf ty plans? By doing this study, neither Local 1319 nor the City is obligated to accept the PERS Health Benefits Program. The study f s to provide the basis for future negotiations at the optfon of the partfes. which by mutual agreement, may occur during the second year of this Re1110randum of agreement. Section S. Yfsfon tare. Effective be9fnning September 1, 19871 the City will offer vfs1on care coverage tor employee only. Coverage is equivalent to S20 Deductible Plan A under the Vf sion Servfc~ Plan, with uonthly preaif LRs paid by the employer. ARTICLE XXII -DENTAL BENEFITS Section 1. The City will maintain the present level of benefits on the City-spon- sored dental program, except that the maximum benefits per calendar year shall be S2,000 effective beginning with 1987 •• section 2. The City shall pay all premf111 payments or equivalent self-insur~d pro- gram charges on behalf of employees and dependents who are eligible and enrolled for coverage ~nder the existing dental plan. Section 3. Effective July 1, 1986. the City will provide.a SOS of reasonable cfiarges, $1.SOO 11feti111e maxiltUll orthodontic benefit for representation unit employ- ees and tht.fr dependents. ARTICLl XXIll -LIFE JNSURANCE Section 1. The Cfty wfll pay the following amounts of premft.n on behalf of Fire personnel: -~ Basic Lffe Insurance (per s1.ooo of coverage) Per Pay Period S.14 Per Month (Approx.) S.31 ARTICLE XXIV -RETIREMENT RENEf ITS Section 1. The current Pub1fc Employees• Retirement Systeni (PER~} benefits, known as the '2 percent &t so• Plan shall continue in effect. Section 2. Cf ty-Paf d PERS Employee Contribution a. Effective wfth the pay period including July 1, 1983, the City Will pay 7S of the 91 PERS employee contribution except that, subject to receipt of favorable tax rulings by the City Attorney no later than June 30, 1984, employees .tto retire between July 1, 1983 and June 30, 1984 shall receive a 5.61 pay fncrease effective July 1, 1983 and shall not receive the City-paf d PERS contribution. For purposes of negotiations and/or arbitration proceedings hereafterD City payment of the 71 PERS employee contribution wfll be deemed as a 7S salary adjustment for the year July 1, 1983 through June 30., 1984. b. Effective wfth tM pay period tncludfng July 1, 1984 the City will pay the 91 PERS employee contribution. For purposes of negotiations and/or arbitration proceedings hereafter, City payment of the ZS add1tfonal PERS employee contribution will be deemed as a 2S salary adjustllent for the year July 1. 1984 through June 30. 1985. c. Notwithstanding subsectfons a. and b. above. a representation unft eaployee 11ilY elect to convert the 91 C1ty-pa1d PERS contribution to a salary adjustllent of equal amount on a one-time irrevocable basis for the final 'belve 110nths f.-edfately prior to a ser~fce retirement, provided that all of the fol lowing conditions are •t: 1) The employee must have at least 20 years of City service as of the date of retirement, or for etaployees hired prior to July 1, 1987. must attafn at least the age of 55 at the date of retirement or qualify for mxi11n PERS beneff t factor of 7SS. 2i The election 1Ust be 111de and service retirement application ff led for retirement date certaf n 12 IM>r, tits prf or to retirement. 3) If dfsabfltty retirement subsequently occurs. conversion reverts to orf gfnal City-paf d PERS employee contrfbutfon status. 4) During the 12-.onth conversion period,. the employee shall pay ,ERS e-p1oyee contrfbutfcns. 5) All proyf sfons of this subsection are subject to and conditioned upon coapl fance wfth IRS regulations. -10.. ARTICLE XXV -RETIREMENT MEDICAL PLAN Section 1. The City shall. upon submittal of evidence of payment. refnturse up to $110 per ni:>nth ($72 per month with Medicare) of medical plan premiums on behalf of representation unit employees who retire from the City under service or Jf sability retirements. The retiree may select any medical plan. The plan nay cover eligible dependents as defined under the c: ;y Employees' Health Plan. No reint>ursements will be made for plans p-oviding benefits other than medical and health benefits. Reimbursement requests must be filed within 12 months of date charges were incLrred. Section 2. There shall be no increase in ~harges for single party coverage under the Ctty Retiree Medical Plan during the term of this agreement. ARTICLE XXVI -VACATION ACCRUAL Section 1. All eligible fire suppression persons shall accrue vacation at the l0110Wing rate for continuous service perfonned in a pay status. Non-shift representation unit employees ~hall accrue the 40-hour equivalent--one shift equals sixteen hours. a. For employees completing less than 4 years continuous se~vice. the accrual rate shall be five duty shifts per year. b. For employees completing 4 but not mre than 9 years continuous senice, the accrual 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 completing 14 or more years continuous service, the accrual rate shall be eleven duty shifts per year. Section 2. Represented employees _,,o fail to use a11 vacation as accrued nay continue the accrual balance and be entitled to all accrued but unused vacation upon termination, except as limited below. Section 3. Vacation accrual balances st>.all be 11111ited to three t1ines the annual accrual rate. Accrwsl credit beyond this li•it shall not be recognized or compensation except that, for employees of record as of January 11 1984 who have vacation excess on a one·time basf s shall be set aside (banked) t.::. be subsequently used as vacation or paid at termination. No additions may be made to the bank after ~anuary 1. 1984. The bank is estab11s~ only to facflitate changeover from unlfmi~ to three times annual accrual rate limitation o" vacation acctJa1 as herein provided. ARTICLE XXYII -USE Of VACATION Section 1. The maximt.111 nuat>er of va(:at1on scheduling slots for resresentatfor. W'!it suppression eaplo~s is four (4} per platoon on a year-round basis • .. u- ,. .. _ ---... _ ..... _ .... -~-,.,_.._ _________ ......., __ .. -..... ......__~ . ..._._ ...... ___ .. ....,.---· --·- • Section 2. Vac~tfon scheduling must be approved by the Battalion Chief or Fire ch;ef. lhe mfnfm1.111 fs twelve (12) hours or more for suppression employees. Advance vacation schedule! 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 employee's supervisor must verify vacation date on the request. Section 4. Illness on Vacation. When an employee becomes ill ..tifle on vacation and such 111ness 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 5. When to be Taken. The time at llllhfch an employee may use accrued vacation 1eave and the amount to be taken at any one time shall be determined by the Chief with particular regard for the needs of the City, but fr.sofar as possible, consfderfng the wishes of the employee. Section 6. Lf~ftatfon on Use. Employees may not use more than 3 tfmes their annual rate of accrual in any calendar year period ?rovided, however, that the Chief may grant exceptions to thf s limitation. Section 7. Waitifl!aPerfod. Employees shall ~omplete six months continuous service before usf ng acer vacation leave. Section 8. Double Compensation Prohibited. Employees shall not work for the City during their vacation. ARTICLE XXVIJI -SICK LEAVE Section 1. Statement of Policy. Sick leave shall be allowed and used only fn case of actual personal s1ck:~ess or disability, medical or dental treatment, or as authorf zed in Section 9. Up to five days (56 shift hours) sick leave per year may be used for illness in the immediate 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 sfck leave. Section 3. Accrual. Sf cit leave shall be accrued bf-weekly. provided the employee his been fn a pay status for 50 percent or mre of a bi ... weekly pay period. Sick leave shall be accrue~ at the rate of six shifts per year. Section 4. Acc1111Ulation. Accrued sick leave may be accumulated without Hmi t, except as provided fn section 8 below. Section 5. Use. Sick leave may be used as needed and approved. to the point of depletion. at which tilE the employee will no longer receive pay for sick leave. A new emi)lcyee my. ff necessary. use up to forty-eight (48) hours or shift equivalent -12- of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization ~11 be charged against future accrual or deducted from ff nal paycheck in the event of termf natf on. An employee who has been df :abled for 60 consecutive days and "10 is otherwise eligible both for payment under the long-term 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-term disability benefits. Sick leave will not be granted for illness occurring 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 ft necessary to be a~sent for any reason, he/she should cause the facts to be reported to the depa~tment within 45 minutes prior to his/her regular starting time on the first working day of absence, and shall regularly report on, or account in advance for each work day thereafter unless hospitalized or otherwise indisposed. Such reports may be subject to ...ritten documentation. Sick leave shall not be granted unless such report or advance accounting has been made, provided, however. that the department head 98Y grant exception to this policy where the circumstances warrant. Section 6. OeJlletion of Sick Leave Benefits. Upon depletion of sick leave or the beginning of t perioCI to be covered by payments under the long-tenn disability group insurance coverage, whichever comes ffrst. an employee may be granted a medical leave of absence without pay for a period not exceeding sixty days. If the employee is unable to return to tr«'lrk at the end of thf s period, he/she must request further medical leave which will be subject to the approval of the City Manager. If ftrther leave is granted, the employee must notify the City of intent to return to work every thirty days. If further leave is not granted, the employee's service with the City shall be considered terminated, Section 7. Forfeiture U{in Termination. Employees leaving the municipal service shall forf~1t all acc~~uilted sick leave. except as otherwise provided by law and Section 8. In the event that notice of resignation f s gf ven. sfck leave may be used only through the day which was aesignated as the ffnal day of work by such notice. Section 8. Paiment for Accumulated Sick Leave. Eligible employees "'10 leave the municipal serv ce in goOd standing. or whO die while employed in good standing by the City. and who have fifteen or more years of contfnuous service, shall receive compensation for unused sfck leave hours in a Sl.111 equal to two and one-half per~ent of thefr Lllused sick leave hours multiplied by thefr years of continuous service and their basic hourly rate of pay at termination. Full sfck leave accrual will be paid in the event of termination due to disability. For new employees hired after December 31. 1983, sfck leave accrual accumu1at1on wfll be limited to 1,000 heirs with no payoff provisions for ll"lused balance at termination. Section 9. Personal Business Leave c~·~geable to Sick Leave. It 1s agreed between the parties that all shift personnel represented by the Onion shall have the right to charge up to twenty-four hours personal 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 ~;·sonal business leave shall -13- be allowed only on a staffing available b~sfs and where the provisions of the minimum staffing agreement are not affected. •staffing available• means at or above mfnfmum staffing levels as defined in Article XII. Section 10. Return to Work or Contfnue Work Wfth Limited Out • In cases of non wor -re a e n ury, ness or pregnancy an emp oyee, upon approval of the Fire Chief and the City Safety Officer, may return to work or continue work with doctor-approved limited duty. Approval for such limited duty shall be based upon department ability to provide work consistent with medical limitations and the length of tfme of the limitations. Shift employees must be willing to accept any non-shift limited duty schedule work location and nay be subject to the reasonable ava11abflf ty of limited duty assignments. The City doctor may be consulted in determini'1'19 work limitations. ARTICLE XXIX -SUBPOENAS Employees required to answer subpoenas as a witness for the City of Palo Alto or for a plaintiff where the Cfty of Palo Alto fs a defendant shall not lose pay or benefits for work time lost to answer depositions or to appear in court. ARTICLF. XXX -WORKERS' COMPENSATION Section 1. Status Reportfr!iWhite on Ofsb111t{. Persons on d1sab11fty will be required to appear or othe se report at regu ar two-week intervals to the Fire Chief or designate to discuss hf s/her status of medical treatment therapy and physical condition. This section fs not meant to unreasonably restrict employees' actfvftfes so long as such activities are cletred by the treating physician. treating program or alternative treatment program fs maintained and employee is available for full or restricted duty as soon as medical clearance can be received. ARTICLf XXXI -PHYSICAL FITNESS MEDICAL EXAMINATIONS Physical fitness medical examinations for all represented employees shall include chest x-rays, eye examination and hearfng examfnat1on. ARTICLE XXXII -LEAVES OF ABSENCE WITHOUT PAY Section 1. Disabflft~. Leaves of absence without pay may be granted 1n case~ of d1sa611fty not covere by sick leave. Pregnancy will be considered as any other disability. Leaves of absence for df sabflfty are subject to phystcfan's verification including diagnosis and 111ed1ca1 work restrfctton. Section 2. Other Leaves. leaves of absence without pay may be granted fn cases of personal emergency or When such absences wr;l d not be contrary to the best interest of th~ City. Nondfsabi1fty prenatal and/or postpartUftl leave fs available under thts provision, but such leave shall not begin 111>re than six months prenatal nor extend 1A0re than six months postpart111. -14- Section 3. During oopaid leaves of absence for disability or other reasor.s, the employee may elect to use accrued vacation credits. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misundersta~dings, all leaves without pay must be in writing to be effective. Section 4. Approval of Oenrtment Head. Leave of absence without pay for one week or less may be granted byhe department head, depending on the merit of the individual case. Section 5. Approval by City Manager. Leave of absence without pay in excess of one week's duration may be granted by the City Manager on the merit of the case, but such leave shall not exceed twelve months' duration. Section 6. Absence Without Leave. Unauthorized leave of absence shall be considered to be without pay, and reductions in the employee's pay shall be made accordingly. Unauthorized leave of absence may result in termination of employment. Section 7. Leave of Absence; Death Outside the Immediate Family. Leave without pay may be granted a regular employee by his/her department hea~ in the event of death to family members other thar1 one of the illll'lediate 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 employees returning from such absence. ARTICLE XXXIII -LEAVES OF ABSENCE WITH PAY Sectf on 1. The City Manager may grant a regular ~mployee under his 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 employee a leave of absence with pay for a pernd not to exceed one year for reasons the Council considers adequate and in the best interest of the City. Section 3. Employee's Time Off to Vote. Time off with pay to vote at '*"Y general or direct primary elect;on shall be granted as provided fn the State of California Elections Code, 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 Innediate Family. Leave of absence with pay of one shift with prt'vi sion for approval of one addh ional shHt for travel outside the area may bP. gra~ted an employee by the Chief in the event of death in the employee's iumediate family. 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 sha.11 be at ful 1 pay and shal 1 not be charged against the employee's accrued vacation or sfct leave. Requests for leave in excess of two shifts shall be subject to the approval of the City Manager. -15- Employees required to report for jury duty s a grante a eave o a sence w pay from their assigned duties until released by the court, provided the earploye~ remits to the City all fees received for such duties other than mileage or subsistence allowances wfthfn thirty days from the termination of hfs or her jury service. ARTICLE XXXIY -TUITION REIMBURSEMENT Section 1. The Cf ty wf 11 reimburse expenses for tuition, books and curriculum fees incurred by employees within the representation unft. to a maximum of $800 per fiscal year for classes given by accredited institutions of learning or approved specfalf zed training programs. Programs 111.1st efther contrfbute to the employee's job performance or prepare the employee for othEr City posf tf ons and 11Ust be approved f n advance. ARTICLE XXXV -PER DIEM TRAVEL EXPEKSES Section 1. Unless other Ritually agreeable arrangements are made, representation unft employees who are required to travel a?JJay frORI the Cfty on City business wfll receive travel expenses. according to City polfcfes which are currently in effect. ARTICLE XXXYI -HOUSE FUND Ire.S Sectior. 1. Statton House Fund. Effective July 1, 1987. the statfon house fund shall 5e $35.oo per year per shift e1111>loyec. Effective July 1. 1988, the fund shall be $36.00 per year per shf~ e111>loyee. Effective July 1. 1989. the fund shall be $37.00 per shift enploy'!e. Section 2. The Cf ty agrees to furnish and afntafn each fire statioi with non-food fiouse fund 1te11S: TY purchase and repair, Peninsula Tfmes-Ti"fbune, San Francisco Chronicle or San Jose Mercury. kitchen cooktng utensfl s and other s~ci ffc ftems to 6i deteriiined by liUtua1 agr-eement of the parties. The Fire Fighters agr~ to maintain the voter regi stratfon program, vfth proceeds going to recreational and related progratlS. ARTICLE XXXVII -PA.;.:~ING Section 1. ElllJ,lloyees fn represented classes shall be entitled to free parking fn the Cf vfc t.enter Garage. ARTICLE XXXYIII -GRIEVANCES The City and the Un·~"" agree to establish a grievance procedure as follows: 1. Definft1on: A griev~nce fs any COllf,llafnt or dispute regarding the application of interpretatfon of this Memorandua of Understanding. rules, regulations, policies or procedures relating to wages, hours or other tenas and condftf ons of employment. -16- 2. Any non-probationary employee represented by the U~1on ITBY file and Jl"Ocess a grievance. Such aggrieved employees may be represented by the Union or may represent themselves in Jrepar1ng and presenting their grievance at any level of review. The Union may file a grievance when a Union right not directly related to an fnd1vfdua1 employee becomes subject to dispute. 3. Any retroactivity on monetary grievances shall be lfmiteci to the date of occurrence. except in no case will retroactivfty be granted prior to three months before the grievance was filed in wrftfng. 4. Written grievances shal 1 be submitted on forms provided by the City or on forms wMch are mutually agreeable to the City and the 1,,,1fon. 5. The time limits specified in this section may be extended by mutual agresnent fn writing of the aggrieved employee or Union and the reviewer concerned. Should a decision not be rendered within a stipulatect time limit, the aggrieved employee may i111nediately 3ppea1 to the next step. The grievance will be considered settled if the ~cision of any step is not appealed within the specified time limit. 6. Step I. The aggrieved employee will first attempt to resolve the grievance through informal discussions with the i11111ediate supervisor by the end of the seventh calendar day following the discovery of the incident upon trllich the grievance is based. Every attempt will be made t.o settle the issue at this level. Step II. If the griewance is not resolved ttrough informal discussions. it may be submitted in writing to the Battalion Chief within sev~n calendar days of the infonnal di~.ussion. The Esattalion Chief will have seven calendar days frcm receipt of the grievance to revie-111 the matter and prepare a written response. If the grievance is denied. the response shall contain the reasons therefor. Step III. If tne g~ievance 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 Fire Chief will have seven caldndar days from· receipt of the grievance to review the matter and prepare a written response. If the grievance is denied. the response shall contain the reasons therefor. Step IV. If the grievance is not resolved in Step III. the aggrieved employee may submit the grievance to the City Manager for final determination 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 undei' Step III. All hearings before the City ManagPr shall be pursuant to the rules and regulations set forth in the City of Palo Alto "1erit Rules and Regulations. Hearings before an arbitrator will be as set forth below. In the event the aggrieved employee decides to proceed to arMtration. he/she shall select jointly with the Director of Personnel Services an arbitrator. If the parties are unable to agree on an arbitrator, they shall jointly request a panel of fhe qua1 ffied and experienced arbitrators from the State Concilhtion Service. Upon receipt of the list of arbitrators. the names shall be alternately -17- e· struck until one name remains who shall serve as arbitrator. The arbitrator shall be jointly contacted by the part;es. The arbitrator shall have jurisdiction and authority only to interpret. apply. or detennine compliance wf th the provisions of the Memorandm of Agreement and such Merit System rules, regulations. policies. procedures, City ordinances or resolutions relating to terms or conditions of employment. lll!lges or fringe to the determination of grievances appealed to the arbitrator. The arbitrator sha 11 be without power to make any decision: (1) (2) ( 3) (4) Regarding matters of interest. Contrary tD. or inconsistent with or mdifying in any liBY. the terms of this Memorandun of Agreement. Granting any wage increaSt!s or decreases. Granting pay or benefits for any period of tilre prior to the execution date of this Memorandum of Agreement. Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of the Memorandum of Agreement. the issue of arbitrabi1it1 shall first be decided by the arbitrator using the standards and criteria set forth in this MemorandlD of Agreement. The arbitrator shall be without authority to require the City 'to delegate or relinquish any powers Wlich by State law or City Chtlrter the City cannot delegat! or relinquish. Copies of the arbitrator• s decision shall be sm111itted tc the City and the aggrieved employee. All direct costs emanating frOll'I the arbitration procedure shall be shared equally by the City ar!!Cl the aggrieved employee or the Unione It is further agreed that the provisions of this section shall be fnc~rporated as part 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 P"'OVUfons contained herein., are superseded. ARTICLE XXXIX -SAFETY COfiftITTEE Section 1. No later than 60 days following the date of this agreement a Safety committee comprised of four representation tmit members appointed by the llnfon., at least one from each suppression shift. and at least two med>ers of Management., will be established. The Conaittee may llilk~ safety recommendations to the Fire Chief regarding equipment. vehicles and apparatus and may review all accidents involving represented personnel. Management shall inform the Safety Collllllittee of all accfde.1ts involving injuries to represented personnel. ARTICLE XL -MISCELLANEOUS Section 1. T-Shfrts. The t1ty will issue four T-shirts to each wif forme<t employee on JU1y 1. 1988 arid an addf tknal four T-shirts on July 1, 1989. These T-shirts are for use on duty only and will be maintained by the e11pll!>yee. -18- . . Section 2. Fire ~revention Work Schedule. Representatives of management and the union will work out a mutually agreeable resolution of the Fire Prevention Bureau work scheduling issues. Discussions will begin within sixty days of the execution of this agreement. Management will clearly frame the issues and state all p-oblems. There wil 1 be a ful 1 discussion and consideration of al ternatfve solutions. If an alternative resolution is n~t achieved by June 30, 1988, a 10-4 schedule with rotating days off will be implemented; however, this implementation will not occur until the Director of Personnel Services has joined the discussions and certified that good faith disc~ssions have occurred and all reasonable p-oposals given fair consideration. Section 3. Emergency Response by Foothills Park Personnel. During the term of this agreement, representatives of management arid the union wfll me' t to dhcuss and resolve issues related to emergency response by Foothills Park personnel. ARTICLE XLI -FULL UNDERSTANDING Section 1. The Hemorand&n of Agreement contains the full and entire understanding of the parties regarding the matters set forth herein. Section 2. Fair labor Standards Act. Management will implement provisions of the Fair Labor Standards k:t effective April 15, 1985. Compensatory time off with Management approval may be used as an alternative to overtime cor.ipensation on1y witMn the 27-day work period within \ltlich the overtime is .orked. During the term of this agreement. either party may invoke meeting and conferring on those speci fie sections of Articles of the Memorand1.111 of Agreement which are affected by implementation of the Fafr Labor Standards Act. including where City costs are increased or employee rights are modified as a result of Fair labor Standards Act provisions. Section 3. Severability. Should any of the provisions herein contained be rendered or declared inva1td 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 Memorandt.1n of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect. insofar as such rerr4ining portions are ~everable. Section 4. It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandltn of Understanding be administered and observed in good fafth. Section 5. Merit System Rules and Regulations. During the tenn of this Memorandum of Agreement, Management intends to propose certain changes in the City Merit System Rules and ~@gu1ations. With regard to such changes which pertain to the representa- tion unit. the parties agree to review, and upon request. meet and confer regarding the changes. Section 6. Nothing in this agreement shal 1 preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the tenn of thf s agreement. -19- ARTICLE XLII -DURATION This Memorandl.lft of Agreement sha11 become effective July 1, 1987 and remain effective untf 1 June 30, 1990. EXECUTED: FOR: FOR: INTERNATIONAL ASSOCI~lION Cl--FIRE FIGHTERS CITY CF PALO Al TO siTony Sp1taler1 s/Jay Rounds s/Mike Single s/Hal Anjo s/Bob Makjav1ch sf Susan Ryerson s/Dale Hopkins s/Dennis Van Der Maaten s/Don Logufao s/Ph11 Constantino s/Wayne Evans -zo- APPENDIX A Ffre Station Facflf tfes Within ninety days of the fmplementatfon of this agreement. a joint facf lft1es com- mittee, consisting of three members of management and three union representatives shall meet to undertake the following tasks: 1. Complete a walk-through of all ffre statfoh facflfties and identify all needed repairs. Identify responsibility for such as between the City or Stanford University a~d fnftfate timely repair work. Management w111 be ~esponsfble for repair. follow-up and es~.ab11shfng procedures for ordering repairs on a continu- ing basis as future needs arf se. 2. As part of the walk-through fn 1. above. identify procedure or facility modifica- tions which will improve privacy for male dnd female firefighters assigned to share locker. bath and dormitory facilities fn Cfty ffre stations. Prepare mutually agreeable reconmendatf ons which are within the scope of current budget authority. If necessary. prepare additional longer-term recommendations for \nclus1on in the C&pita1 Improvement Program. 3. Identify remaining air c;ondf tionfng needs in all fire stations. wfth emphasis on day rooms and dormitories. Identify priorities and iaake reconnendat1ons for funding, purchase and installation through operating budget or ta.pital Improve- mer1t Progra•. With regard to all of the above, management wf 11 take responsibility for preparing a summary report of findings and reconnendat1ons. All projects and procedures which are not within the scope of current budgetary and departmental authority are subject to City Council approval. In making reco11111endations, the coaaittee will attempt to limit cost~. establish priorities and phase recommended tapfta1 projects.