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HomeMy WebLinkAboutRESO7490RESOLUTION NO. 7490 RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO AMENDING SECTION 1501 OF THE MERIT SYSTEM RULES AND REGULATIONS REGARDING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF PALO ALTO AND LOCAL 1319, INTERNATIONAL 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. Memorandum of agreement incorporated by reference. That certain Memorandum of agreement by and between the City of Palo Alto and Local 1319, International Association of Fire Fighters, consisting of Preamble and Article I through XLIII, being 24 pages in length, for a term commencing July 23, 1994, and expiring June 30, 1997, is hereby incorporated into these Merit System Rules and Regulations by reference as though fully set forth herein. Said memorandum shall apply to all employees in classifications represented by said Local 1319, International Association of Fire Fighters, 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. SECTION 2. The changes provided for in this resolution shall not affect any right established or accrued, or any offense or act committed, or any penalty of forfeiture incurred, or any prosecution, suit, or proceeding pending or any judgment rendered prior to the effective date of this resolution. 1 950329 lac 0031104 • • 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: April 3, 1995 AYES: ANDERSEN, HUBER, KNISS, MCCOWN, ROSENBAUM, SCHNEIDER, SIMITIAN, WHEELER NOES: ABSTENTIONS: ABSENT: FAZZINO t ATTEiT : APPROVED: ¢i t'y APPROVED AS TO FORM: tA_ C Senior Asst. City Attorney OVED: Ci y/ .anage /2 -- Dire -or of Human ReApurces Director of Finance Fire Chie • Mayor 950329 lac 0031104 2 MEMORANDUM OF AGREEMENT CITY OF PALO ALTO and LOCAL 1319. I.A.EF1 July 23, 1994 - June 30, 1997 PREAMBLE This Memorandum of Agreement between the City of Palo Alto, hereinafter referred to as the "City", and Local 1319, International Association of Fire Fighters, hereinafter referred as the "Union", has been prepared and e%tered into in accordance with Title I, Division 4, Chapter 10, Sections 3500-3510 of the California 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 classifications of Fire Apparatus Operator, Fire Fighter, Fire Captain, Fire Inspector, Hazardous Materials Specialist, and Hazmat;:investigato , who are regularly employed by the City and others as amended into the representation unit from time to time under existing law and the Merit System Rules and Regulations. ARTICLE R - 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, sexual orientation, political or religious affiliation under this Agreement. There shall be no discrimination in employment conditions or treatment of employees on the basis of membership or nonmembership in the Union, or participation in the lawful activities of the Union. Section 2. The Union and the City hereby agree to protect the rights of all employees to exercise their free choice to join the Union and to abide by the express provisions of applicable State and local laws. Section 3. Human Relations Committee. A joint committee for Human Relations will be established during the term of this agreement. The committee will include up to five members appointed by the Union executive board and at least two members of management with representation from the Fire and Human Resources Departments. The committee may make recommendations to management regarding recruitment outreach, equal employment opportunity and career development programs. 6 • • ARTIC E II1-PAYROLL. DEDUCTIONS Section 1. The City shall deduct Union membership dues and pay other mutually agreed upon payroll deduction from 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 remit the deducted dues to the Union as soon as possible after deduction. All Union members on payroll deduction for payment of Union dues as of 5:00 p.m. on the tenth day following signing of this Memorandum of Agreement must remain on payroll deduction for the life of the Memorandum of Agreement, or so long as they remain members of the representation unit. Union members who establish dues payroll deduction during the term of the Memorandum of Agreement must remain on payroll deduction for the life of the Memorandum of Understanding, or so long as they remain members of the representation unit. Union members on dues payroll deduction may declare their intention to terminate such payroll deduction following expiration of this Memorandum of Agreement during the thirty -day period between sixty and ninety days prior to expiration of the Memorandum of Agreement. ARTICLE iV - UNION ACTIVITIES Section 1. Local 1319 officers may 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 Mail and Bulletin Boards. The Union shall have access to interoffice mail and existing bulletin boards in unit employee work areas for the purpose of posting, transmitting, or distributing notice or announcements including notices of social events, recreational events, Union membership 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 will be taken within 24 hours of submission. Stern 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 conformity with City regulations and subject to the limitations of prior commitment. 7 ARTICLE V - NO STRIKES Section 1. The Union, its representatives, or members, shall not engage in or cause, instigate, encourage, sanction, or condone a strike. withholding of services, leave of absence abuse, work stoppage or work slowdown of any kind against the City of Palo Alto or its citizens by employees covered under this Agreement. No employee shall refuse to cross any picket line in the conduct of Fire Department business, nor shall the Union, its representatives or members discriminate in any way toward anyone who refuses to participate in 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 positions shall be tentative and subject to a probationary period, fixed by the appointing authority at the time of appointment, or twelve months. Section 2. The probationary period shall be regarded as part of the testing process and shall be utilized for closely observing all aspects of the employee's qualifications, for ensuring the effective adjustment of a new employee to the position and for rejecting any probationary employee who, in the opinion of management. is not suitable to attain permanent status. Section 3. During the probationary period a new employee may be suspended or terminated at any time by the appointing authority without cause and without right of appeal or to submit a grievance. Said employee shall not have the right to proceed to arbitration on the issue of arbitrability or on the issue of its constitutional or discovery rights, nor those of any employee by reason of the foregoing. The Union shall not be a party to any lawsuit relating to the termination of a probationary employee. ARTICLE VII - SALARY PROVISIONS a. Effective with the pay period including July 23, 1994, a 2% increase at the Er -.Step will be app _to the salary ranges of all represented classes, except Hazardous Materials Investigator.. b. Effective with the pay period. incbiting July 1, 1995, a 2% increase at the E -Step will be applied to the salary ranges of all represented classes. c. There will: be a salary only reopenezr to determine salary range rates for represented classes, eve with the pay pfd inclu dmg July 1, 1996. 8 • Sew 2. Qom.-Qf-CIa Com»effiafion. All represented employees who are assigned work in a higher classification for longer 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: Fire Fighter, Apparatus Operator, Captain or Inspector working in a higher classification: Step to step. Representation unit class working as a Battalion Chief, 10% above E -Step Captain, but not to exceed 93% of Battalion Chief control point. Representation unit class working in any other management position, within the range of the management position. Sgijonla_layArSgaztAppitizance. Sworn Fire personnel appearing in court for the People shall be compensated as follows: Period a. Appearance on scheduled day off b. Any or all court time during scheduled shift c. Appearance on scheduled work day but not during scheduled shift Rate Minimum Time and one-half at 40 -hour rate Straight time during shift at 56 -hour rate Time and one-half at 40 -hour rate 4 hours None 2 hours (2 hour minimum, may not run into shift time) The employee shall remit all fees received for such appearances to the City within thirty days from the termination of his/her services. Compensation for mileage or subsistence allowance shall not be considered as a fee and shall be retained by the employee. ARTICLE VUI - PAY DIFFERENTIAL Section 1. Paramedic Differential. Paramedics who have completed the required training and have been certified in accordance with the program will receive a 5% differential in addition to their base salary effective beginning with the date of assignment to rotational Paramedic duty. Upon completion of six months of rotational Paramedic duty, the differential will increase to a total of 12.5% in addition to base salary. The Paramedic salary differential will terminate with the cessation of assignment to rotational Paramedic duty, except that paramedics with six or more years of Palo Alto Paramedic service will be Y -rated upon cessation of assignment. Section 2. Iaz Mat Differential. Effective beginning with the pay period including July 1, 1990, a maximum of nine positions who are primarily assigned to rescue and who are Haz Mat 9 trained and certified will receive a 5% differential in addition to their base salary. This differential does not apply to minimum staffing replacements. Section 3. EMT Differential, Effective beginning with the pay period including September 1, 1991, represented classifications, except the Hazardous Materials Investigator, who maintain EMT certification will receive a 2% differential in addition to their base salary. EMT certification for all suppression personnel is mandatory. ARTICLEJX - ANNUAL ADJUSTMENT Section 1. Annually, each employee who holds a regular full-time appointment in the municipal service on or before July first 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 prorated to reflect appointment from January 1 through July 1 of the current year, or interrupted service during the year. Section 2. ,.Effective with 1995 pay plod no. 01., beginning December 24, 1994, tie provisions of Article:IX. will be discontinued, and base pay will be increased by 1% for classifications within tbe representation unit. No annual adjustment will be paid after pay period no. 25 in December 1994,, or. thereafter. ARTICLE X - HOLIDAYS Section 1. Representation unit fire suppression personnel in pay status shall receive 5.75 hours straight time regular pay per pay period in lieu of holidays to a maximum payment of 149.5 hours per year. -said Section 3 2. a. Personnel assigned to a 40 -hour work schedule will receive paid holidays in accordance with Sections 517 and 518 of the Merit System Rules and Regulations. 10 b. Personnel assigned to a 40 -hour work schedule will receive floating days off with pay in each of the following months: August, September, March, April, and June. The following conditions will hold: (1) Management will designate the schedule of the paid day off under this section at least thirty days in advance. (2) If, in conformance with this section, Management is unable to schedule a day off in the month indicated for reasons of shift operations, work scheduling or any other reason, the day will be added to the employee's vacation accrual. (3) If an employee fails to take a day off as scheduled by Management under this section, the day off so scheduled will be forfeited. ARTICLE XI - OVERTIME COMPENSATION Sitelig1. Shift personnel assigned to overtime relief duty in addition to their regular 56 -hour shift schedule shad 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 hours of the relief duty shift. Required off -duty training will be compensated at the rate of one and one-half times the basic 40 -hour rate, and emergency callback will be compensated at a rate of one and one-half times the basic 40 -hour rate to a maximum of 8 hours, and at a rate of one and one-half times the basic 56 -hour rate for those hours in excess of 8 hours. Employees =receiviug,s bYpay muSt behvaflahleto-respond to Palo -Alto Civic Center Within one hour of call out: Fire Inspectors performing standby duty for the purpose of fire cause investigations sltali.becompensated ,at the rates established below: Within 30. Days of Contract Approval June 704. 1995 Reggio€ scheduled work day S38 $40 RegnlardayE off and -holidays $56 $60 ARTICLE XII - MINIMUM STAFFI1SG Section 1. Fire Department administration and the Union have agreed to the following for clarification of minimum suppression staffmg: 11 • • a. Thirty-one (31) fire suppression personnel (exclusive of the Battalion Chief) shall be scheduled per shift (when station 8 is open). Replacement personnel will be recalled when absences will cause staffing to fall below 31, except in the instances of: (1) Emergency illness or absences occurring after 11:00 p.m. in which case staffing may be at 30 until 8:00 a.m. (2) Whenever absences will cause staffing of the Truck company to fall below three persons for five hours or less, and such absences are not anticipated to exceed five hours. b. It is further agreed that in achieving minimum staffing set forth herein, engine, truck and combination rescue companies shall not be reduced from the level of one Fire Captain, one Fire Apparatus Operator and one Fire Fighter, except as indicated in Sections 1.a.(1) and (2) of this article. Paramedic unit minimum staffing shall be two certified Paramedics. The Foothill Fire Station #8, when activated by the Fire Chief, shall be staffed with a minimum of one Fire Apparatus Operator and one Fire Fighter. c. The minimum recall for suppression minimum staffing shall be four (4) hours. ARTICLE)(III - FIRE DEPARTMENT PROGRAMS ,Section 1. The Union agrees to continue its cooperation and participation in existing weather station and community blood pressure screening and measurement programs. ARTICLE XIV - WORK ASSIGNMENTS AND TRANSFERS It is the intent of the Palo Alto Fire Administration and Local 1319 that work assignments and transfers will reflect the best interests of the Fire Department and the City. The Fire Department will maintain a constant state of readiness to defend 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 assignments or transfers of Fire Department personnel. The Fire Chief, or his designee, shall initiate personnel assignments and transfers to balance platoon or division strength, fill permanent or temporary vacancies and provide required training to individual personnel. Such assignments will be based on seniority, except where career development, training, special assignments, skills and documented performance issues are specifically identified in writing, management may make assignments based on such issues. For purposes of this article, seniority shall be computed from the date of entry into the current classification. 12 • When possible, least senior Fire Fighters will be assigned to Station #1 and wilt be given short term 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, two positions will be designated for vacation relief. These positions will be the lowest two on the Department seniority list who have completed their probationary period. a. The vacation relief persons will be assigned to one station when not on relief assignment. b. Relief assignment can be made to any Station or shift where a shortage of personnel will cause unnecessary overtime. c. Shortages may be caused by vacation, sick leave, disability or any leave of absence that causes a shift to be short of personnel while another has a surplus. d. Shift transfers will be made so as not to cause the relief person to work more than the prescribed number of hours in the prescribed period. e. Relief assignments will be made and hours will be coordinated by the Battalion Chiefs office. Section 1. Transfer Requests. Non -probationary fire personnel may submit transfer requests to their immediate supervisor to be forwarded to the appropriate chief officer. Providing that Departmental needs are satisfied, such transfers will be administered using first a mutually agreeable exchange, secondly seniority. The transfer requests shall remain on file during the year and may be granted when a vacancy occurs, providing the requesting employee possesses the experience and performance ability required to fill the vacancy. Section 4. Special Assignments Management reserves the right to assign personnel to career development opportunities; special projects, seminars, programs and selected educational and/or training courses, based on Fire Department needs and the performance of the employee. Minimum staffing levels shall be maintained. Section 5. Continuous Hourly Service. Palo Alto Fire Department personnel will be restricted to a work schedule of no more than forty-eight (48) continuous hours. Any time in excess of this limit must be approved by the Fire Chief or his designee. 13 • ARTICLE XV - TRAINING COORDINATION Section 1. Three shift employees per platoon may be assigned to assist the Training Officer in the coordination, preparation and scheduling of the training 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 Chief and the Union. ARTICLE XVI = PARAMEDIC ASSIGNMENT Section 1. The City reserves the right 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 additional Paramedic candidates. It is Management's intention to provide for such additional training as necessary for Program continuity. Section 3. Paramedics will receive a one-time cash payment of $500 for- each biennial recertification. This provision applies only to active incumbents of authorized paramedic positions who remain in the paramedic assignment for at least one additional year after recertification. The. one year requirement after recertification does not apply to those paramedics who may leave the program because of work -related injury or illness, or promotion, nor does it apply when a paramedic is asked by management to recertify in order to voluntarily extend their paramedic service to meet special departmental needs for a period of less than one year. ARTICLE XVII - FIRE FIGHTER APPRENTICE PROGRAM Section 1. The Union agrees to assist the City in the implementation of an apprentice, training and affirmative action program. Trainees under such programs shall be provided with all benefits, including retirement benefits, of other fire fighters except salary. Section 2. Employees hired under the apprentice training program may begin fire fighting suppression work after they have reached the Trainee 11 level. Minimum staffing levels as set forth above shall be determined by excluding all trainees. Section 3. Local 1319 shall be represented and entitled to participate in all stages of the testing process, and representatives from Local 1319 shall make recommendations to the department concerning the qualifications of any apprentice. 14 ARTICLE XVIll - PROMOTION Section 1. All regular promotions from classifications within the representation unit to the classification of Fire Captain will be made at the fifth step on the salary range. Section 2. For promotions to positions within the representation unit, promotion process information will be available in the Human Resources Department office at the time of posting. Information will include applications, minimum qualifications, study material reference information, if appropriate-, and information an passing scores. Any changes in an established testing process must be submitted in writing to the Union for review and input no fewer than 60 days prior to the beginning of the process. ARTICLE XIX -.REDUCTION IN FORCE Section 1. If the work force is reduced (reduction in force) within a represented classification, unit employees having the shortest length of service with the Fire Department will be laid 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 may use selective call back with regard to residency in cases of emergency. ARTICLE XXI - HEALTH BENEFITS Section 1. Except as otherwise set forth herein, the City will maintain the present level of benefits on all City -sponsored medical programs. Section 2,. Vision Care. Effective beginning October 1, 1990, the City will offer vision care -coverage for employees and dependents. Coverage is equivalent to $20 Deductible Plan A under the Vision Service Plan, with monthly premiums paid by the employer. Section 3. PEMHCA Health Plan. Benefits will be provided in accordance with provisions of the PEMHCA Health Plans. Monthly City -paid premium contributions for an employee -selected PEMHCA optional plan will be made to the maximum amount indicated in each category. 15 Number of Parties Covered Monthly City Contribution Eligible Active Employee Only Premium for plan selected, banet-te _._ $252. Employees Employee Plus One Premium for plan selected, but not to exeeed-$478. Employee Plus Two or More efteeed463-77 Premium for plan selected, but -net -to ARTICLE XXII - DENTAL, BENEFITS Sectiop 1. The City will mai win the present level of benefits on the City -sponsored dental program, except that the maximum benefits per calendar year shall be $2,000 effective beginning with 1987. Section 2. The City shall pay all premium payments or equivalent self -insured program charges on behalf of employees and dependents who 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 lifetime maximum orthodontic benefit for representation unit employees and their dependents. ARTICLE XXIII - LIFE INSURANCE Section 1. The City will pay up to the following amounts of premium on behalf of Fire personnel: Per Pay Period Per Month (Approx.) Basic Life Insurance (per $1,000 of coverage) $ .13 $ .289 ARTICLE XXIV - RETIREMENT BENEFITS Section 1. The current Public Employees' Retirement System (PERS) benefits, known as the "2 percent at 50" Plan (2% at 60 for the classification of Hazardous Materials Investigator) shall continue in effect. 16 Sermon 2. City -Paid PERS Employee Contribution. a. Effective with the pay period including July 1, 1983, the. City will pay 7% 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 5.6% pay increase effective July 1, 1983 and 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 deemed as a 7% salary adjustment for the year July, 1983 through June 30, 1984. b. Effective with the pay period including July 1, 1984 the City will pay the 9% PERS employee contribution.. For purposes of negotiations and/or arbitration proceedings hereafter, City payment of the 2% additional PERS employee contribution will be deemed as a 2% salary adjustment for the year July 1, 1984 through June 30, 1985. c. Notwithstanding subsections a. and b. above, a representation unit employee may elect to convert the 9% City -paid PERS contribution to a salary adjustment of equal amount on a one-time irrevocable basis for the final twelve months immediately prior to a retirement, provided that all of the following conditions are met: 1) The employee must have at least 20 years of PERS Safety member service credit as of the date of retirement; as an alternative, employees hired prior to July 1, 1987 may qualify by attaining the age of 55 at the date of retirement or attaining the maximum PERS benefit factor of 75%. 2) The election must be made and service retirement application filed for retirement date certain 12 months prior to retirement. 3) During the 12 -month conversion period, the employee shall pay PERS employee contributions. 4) All provisions of this subsection are subject to .and conditioned upon compliance with IRS regulations. & Effective Jame. 24, 1995: 1) The City will, discontinue payment of PERS Employee Co ons (EPMC) and discontinue all provisions contained in a. through c. of this Section, 2) The City will increase the base pay of all represented classes by 9% for PERS Safety members and 7% for PERS Miscellan ous members. 17 • 3) Employees in nodclasses will mane PERS by Para deduction. 4) The Qty will provide for metnber contributions to be.. made as allowed' :under provisions of IRS Code Section 414(bX2). ARTICLE XXV - RETIREMENT MEDICAL PLAN ,Section 1. Monthly City -paid premium contributions for a retiree -selected PEMHCA optional plan will be made in accordance with the Public Employees' Medical and Hospital Care Act Resolution. ARTICLE XXVI - DEPENDENT CARE ASSISTANCE pROGRANM Section 1. The City will provide a dependent care assistance program for employees according to the provisions of the Federal Economic Recovery Act of 1981, Code Sections 125 and 129. The program will be available to representation unit employees beginning with pay period number 1 of 1994, and remain in effect subject to a reasonable minimum participation level and availability of third party administrative services at a reasonable cost. ARTICLE XXVII- VACATION ACCRUAL Section 1. All eligible fire suppression persons shall accrue vacation at the following rate for continuous service performed 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 four years continuous service, the accrual rate shall be five duty shifts per year. b. For employees completing four but not more than nine years continuous service, the accrual rate shall be eight duty shifts per year. c. For employees completing nine but not more than 14 years continuous service, the accrual rate shall be 10 duty shifts per year. d. For employees completing 14 or more years continuous service, the accrual rate shall be 11 duty shifts per year. Section 2. Represented employees who fail to use all vacation as accrued may continue the accrual balance and be entitled to all accrued but unused vacation upon termination, except as limited below. 18 Section 3. Vacation accrual balances shall be limited to three times the annual accrual rate. Accrual credit beyond this limit shall not be recognized or compensated, except that for employees of record as of January 1, 1984 who have vacation excess on a one-time basis shall be set aside (banked) to be subsequently used as vacation or paid at termination. No additions may be made to the bank after January 1, 1984. The bank is established only to facilitate changeover from unlimited to three times annual accrual rate limitation on vacation accrual as herein provided. ARTICLE XXVIII - USE OF VACATION Section I. The maximum number of vacation scheduling slots for representation unit suppression employees is four (4) per platoon on a year-round basis. 5eciign 2. Vacation scheduling must be approved by the Battalion Chief or Fire Chief. The minimum is twelve (12) hours or more for suppression employees. Advance vacation schedules for suppression shall begin either at 8:00 a.m. or 8:00 p.m. Section 3. Vacation Pay. Vacation pay shall be made available in advance of regular pay day provided that employee requests such advance in writing to the Finance Department 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 while on vacation and such illness can be supported by a statement from an accredited physician or the employee is hospitalized for any period, the employee shall have the period of illness charged against sick leave and not against vacation leave. Section 5. When to be Taken. The time at which an employee may use accrued vacation leave 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 insofar as possible, considering the wishes of the employee. Section 6. Limitation on Use. Employees may not use more than three times their annual rate of accrual in any calendar year period provided, however, that the Chief may grant exceptions to this limitation. ,Section ?. Waiting Perod. Employees shall complete six months continuous service before using accrued vacation leave. Section 8. Double Compensation Prohibited. Employees shall not work for the City during their vacation. 19 a ARTICLE XXIX -SICK LEAVE Section 1. Statement of Policy. Sick leave shall be allowed and used only in case of actual personal sickness or disability, medical or dental treatment. or as authorized in Section 9. Up to five days (56 shift hours for suppression personnel) sick leave per year may be used for illness in the immediate family (wife, husband, child, parent, parent -in-law. brother, sister, register domestic parttrer, 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. Accumulated sick leave may be accrued without limit, except as provided in Section 8 below. Section 5. Use. Sick leave may be used as needed and approved, to the point of depletion, at which time the employee will no longer receive pay for sick leave. A new employee 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. Any negative balances generated by such utilization will be changed against future accrual or deducted from final paycheck in the event of termination. An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the longterm 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 it necessary to be absent for any reason, he/she should cause the facts to be reported to the department within 45 minutes prior to his/her regular starting time on the fast 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 written documentation. 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 circumstances warrant. Section 6. Depletion of Sick Leave Benefits. Upon depletion of sick leave or the beginning of the period to be covered by payments under long-term disability group insurance coverage, 20 • • whichever comes first, 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 work at the end of this period, he/she must request further medical leave which will be subject to the approval of the City Manager. If further leave is granted, the employee must notify the City of intent to return to work every thirty days. If further leave is not granted, the employee's service with the City shall be considered terminated. Section 7. Forfeiture Upon Termination Employees leaving the municipal service shall forfeit all accumulated 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 which was designated as the final day of work by such notice. Section 8. Payment for Accumulated Sick Leave. Eligible employees who leave the municipal service in good standing, or who die while employed in good standing by the City, and who have fifteen or more years of continuous service, shall receive compensation for unused sick leave hours in a sum equal to two and one-half percent of their unused sick leave hours multiplied by their years of continuous service and their basic hourly rate of pay at termination. Full sick leave accrual will be paid in the event of termination due to disability. For new employees hired after December 31, 1983, sick leave accrual accumulation will be limited to 1,000 hours with no payoff provisions for unused balance at termination. Section 9. Personal Business Leave Chargeable to Sick Leave. It is agreed between the parties that all shift personnel represented by the Union shall have the right to charge up to twenty-four hours personal business leave per year to sick .leave, and that all non -shift personnel shall have the right to charge up to sixteen hours personal business leave per year to sick leave. Such personal business leave shall be allowed only on a staffing available basis and where the provisions of the minimum staffing agreement are not affected. "Staffing available" means at or above minimum staffing levels as defined in Article XII. Section i0 $ettun to Work or Continue Work With Linuted Duty. In cases of non -work - related injury, illness or pregnancy an employee, 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 time of the limitations. Shift employees must be willing to accept any non -shift limited duty schedule work location and may be subject to the reasonable availability of limited duty assignments. The City doctor may be consulted in determining work limitations. 21 ARTICLE XXX - SUBPOENAS Employees required to answer subpoenas as a witness for the City of Palo Alto or for a plaintiff where the City of Palo Alto is a defendant shall not lose pay or benefits for work time lost to answer depositions or to appear in court. ARTICLE XXXI - WORKERS' COMPENSATION Section 1. Status Reporting While on Disability. Persons on disability will be required to appear or otherwise report at regular two-week intervals to the Fire Chief or designate to discuss his/her status of medical treatment therapy and physical condition. This section is not meant to unreasonably restrict employee's activities so long as such activities are cleared by the treating physician, treating program or alternative treatment program is maintained and employee is available for full or restricted duty as soon as medical clearance can be received. ARTICLE XXXII - PHYSICAL FITNESS MEDICAL EXAMINATIONS Physical fitness medical examinations for all represented employees shall include chest x-rays, eye examination and hearing examination. ARTICLE XXXIII - LEAVES OF ABSENCE WITHOUT PAY Section I. Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability. Leaves of absence for disability 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. Non - disability prenatal and/or postpartum leave is available under this provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum. esztion.l. 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. Approval of Department Head. Leave of absence without pay for one week or less may be granted by the department head, depending on the merit of the individual case. 22 • 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 head m the event of death to family members other than one of the immediate family, such leave to be granted in accordance with Section 2 and Section 4. Section 8. Military Leave of Absence. State law shall govern the granting of military leaves of absence and the rights of employees returning from such absence. ARTICLE XXXIV - LEAVES OF ABSENCE WITH PAY Seglinal. The City Manager may grant a regular employee 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 City. Section 2. The City Council may grant a regular employee a leave of absence with pay for a period 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 any general or direct primar; 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 with the provisions of said Code. Section 4. Leaves of Absence; Death in Immediate 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 in the event of death in the employee's immediate family, which is defined for purposes of this section as wife, husband, son, son-in-law, daughter, daughter-in-law, father, mother, brother, brother-in-law, sister, sister-in-law, mother-in-law, father-in-law, grandfather, grandmother, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Requests for leave in excess of two shifts shall be subject to the approval of the City Manager. 23 • 1 Section 5. Jury Duty: Leave of Absence. Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received for such duties other than mileage or subsistence allowances within thirty days from the termination of his or her jury service. ARTICLE XXXV - TUITION REIMBURSEMENT Section 1. The City will reimburse expenses for tuition, books, lecture tapes and curriculum fees, including course -related computer software programs, incurred by employees within the representation unit, to a maximum of $1,000 per fiscal year for classes given by accredited institutions of learning or approved specialized training programs. The City will also reimburse professional association memberships and conference registration fees, professional books and periodicals. Programs must either contribute to the employee's job performance or prepare the employee for other City positions and must be approved in advance. ARTICLE XXXVJ - PER DIEM TRAVEL EXPENSES Section 1. Unless other mutually agreeable arrangements are made, representation unit employees who are required to travel away from the City on City business will receive travel expenses, according to City policies which are currently in effect. ARTICLE XXXVII - HOUSE FUND ITEMS Section 1. Station House Fund. , , The station house fund per year, per shift employee shall be: $38:00 Effective 7-1-94 Effective 7-1-95 Effective 7-1-96 $40 $41 $42 Section a. The City agrees to furnish and maintain each fire station with non-food house fund items: TV purchase and repair, , Mtretottknfit, the San Jose Mercury News. and either the San, Francisco Chronicle or to be selected on an annual basis, kitchen cooking utensils and other specific items to be determined by mutual agreement of the parties. The Fire Fighters agree to maintain the voter registration program, with proceeds going to recreational and related programs. 24 ARTICLE XXXVIII - PARKING Section 1. Employees in represented classes assigned to Civic Center or adjacent work locations shall be entitled to free parking in the Civic Center Garage, or a commute incentive which will be subject to meet and confer. New employees hired after July 1, 1994. may initially receive a parking permit for another downtown lot, subject to availability of space at the Civic Center Garage. Light duty employees assigned to the Civic Center will receive Civic Center parking temporary permits for the duration of the light duty assignment. ARTICLE XXXIX - GRIEVANCES The City and the Union agree to establish a grievance procedure as follows: I. Definition: A grievance is any complaint or dispute regarding the application of interpretation of this Memorandum of Understanding, rules, regulations, policies or procedures relating to wages, hours or other terms and conditions of employment. 2. Any non -probationary employee represented by the Union may file and process a grievance. Such aggrieved employees may be represented by the Union or may represent themselves in preparing and presenting their grievance at any level of review. The Union may file a grievance when a Union right not directly related to an individual employee becomes subject to dispute. 3. Any retroactivity on monetary grievances shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance was filed in writing. 4. Written grievances shall be submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Union. 5. The time limits specified in this section may be extended by mutual agreement in writing of the aggrieved employee or Union and the reviewer concerned. Should a decision not be rendered within a stipulated time limit, the aggrieved employee may inunediately appeal to the next step. The grievance will be considered settled if the decision of any step is not appealed within the specified time limit. 6. If a grievance is related to a promotional process to positions within the representation unit, Step I shall be directed to the Training Chief (or Fire Marshal for FPB positions). Step II shall be directed to the Assistant Fire Chief. 7. Step L The aggrieved employee will first attempt to resolve the grievance through informal discussions with the immediate supervisor by the end of the seventh calendar day following 25 the discovery of the incident upon which the grievance is based. Every attempt will be made to settle the issue at this level. Step II. If the grievance is not resolved through informal discussion, it may be submitted in writing to the Battalion Chief (Assistant Fire Chief for Captain grievances) within seven calendar days of the informal discussion. The Battalion Chief/Assistant Fire 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 response shall contain the reasons therefor. Step M. If the grievance is not resolved in Step II, it may be submitted in writing to the Fire Chief within seven calendar days of receipt of the Battalion Chief s/Assistant Fire Chiefs written response. The Fire 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 response shall contain the reasons therefor. Step W. 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 Human Resources Department Office within seven working days of receipt of the Fire Chief's response under Step III. All hearings before the City Manager shall be pursuant to the rules and regulations set forth in the City of Palo Alto Merit Rules and Regulations. Hearings before an arbitrator will be as set forth below. In the event the aggrieved employee decides to proceed to arbitration, he/she shall select jointly with the Director of Human Resources an arbitrator. If the parties are unable to agree oil an arbitrator, they shall jointly request a panel of five qualified and experienced arbitrators from the State Conciliatio-, Service. Upon receipt of the list of arbitrators, the names shall be alternately struck until one name remains who shall serve as arbitrator. The arbitrator shall be jointly contacted by the parties. The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of the Memorandum of Agreement and such Merit System rules, regulations, policies, procedures, City ordinances or regulations relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances appealed to the arbitrator. The arbitrator shall be without power to make any decision: a. Regarding matters of interest. b. Contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement. c. Granting any wage increases or decreases. d. Granting pay or benefits for any period of time prior to the execution date of this Memorandum of Agreement. 26 • • 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 arbitrability shall first be decided by the arbitrator using the'standards and criteria set forth in this Memorandum of Agreement The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Copies of the arbitrator's decision shall be submitted to the City and the aggrieved employee. All direct costs emanating from 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 in Chapter 11, to the extent they are inconsistent with the provisions contained herein, are superseded. ARTICLE XL -,SAFETY COMMITTEE Section 1. No later than 60 days following the date of this agreement a Safety Committee comprised of four representation unit members appointed by the Union, at least one from each suppression shift, and at least two members of Management, will be established. The Committee may make safety recommendations to the Fire Chief regarding equipment, vehicles and apparatus and may review all accidents involving represented personnel. Management shall inform the Safety Committee of all accidents involving injuries to represented personnel. ARTICLE XLI - MISCELLANEOUS Sermon 1. T -Shirts. The City will issue four T-shirts to each uniformed employee during July 1990, and an additional four T-shirts during July 1991. These T-shirts are for use on duty only and will be maintained by the employee. Section 2. Emergency Response by Foothills Park Personnel. During theterm of this agreement, representatives of Management and the Union will meet to discuss and resolve issues related .o emergency response by Foothills Park personnel. ARTICLE XLII - FULL UNDERSTANDING Rion 1. The Memorandum of Agreement contains the full and entire understanding of the parties regarding the matters set forth herein. 27 Section 2. Fair Labor Standards Act. Management will implement provisions of the Fair Labor Standards Act effective April 15, 1985. Compensatory time off with Management approval may be used as an alternative to overtime compensation only within the 27 -day work period within which the overtime is worked. During the term of this agreement, either party may invoke meeting and conferring on those specific sections of Articles of the Memorandum of Agreement which are affected by implementation of the Fair 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 invalid 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 remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable. Section 4. It is the intent of the parties that ordinances, resolutions, rules and regulations enacted pursuant to this Memorandum of Understanding be administered and observed in good faith. Section 5. Merit System Rules and Regulations. During the term of this Memorandum of Agreement, Management may propose certain changes in the City Merit System Rules and Regulations. With regard to such changes which pertain to the representation unit, the parties agree to review, and upon request, meet and confer regarding the changes. Section 6, During the term of this agreement, at management request, the parties agree to meet and confer with regard to issues pertaining to fire station consolidation or relocation. Section 7. Nothing in this agreement shall preclude the parties from mutually agreeing to meet and confer on any subject within the scope of representation during the term of this agreement. 28 ARTICLE XLIII - DURATION This Memorandum of Agreement shall become effective July 23, ;199!4 and remain effective until ftflier90,1997 EXECUTED: February 17, 1995 FOR: FOR: INTERNATIONAL ASSOCIATION CITY OF PALO ALTO OF FIRE FIGHTERS 29