The URL can be used to link to this page

Home My WebLink AboutRESO 5135" .e • RESOLUTION NO 5..135 ORIGINAL RESOLUTION OF THE COUNCIL OF THE CITY OF PALO ALTO ADDING CHAPTER. 15 TO THE MER.IT SYSTEM RULES AND REGUIATIONS RE MEMORANDUM OF UNDERSTANI>lttG aE'NEEN THE CITY OF PALO ALTO AND LOCAL 1319. IN'fERNATIONAL ASSOCIATION OF FIRE FIGHTERS The Council of the City of Palo Alto does RESOLVE as follows. SECTION 1. .Chapter 15 is added to the Merit System Rules and Regulations to read as follows: "CHAPTER 15 MEMORANDUM OF UNDERSTANDING LOCAL 1319. INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS Sections: 1501 Memorandum of understanding incorporated by reference. 1501. Memorandum of undei:standing incorporated !?I_ relerence. That certiin memorandum of understanding dated April 1. 1975, by. and between the City of Palo Alto and Local 1319. International Association of Fire Fighters,. consisting of .Sections I through XX.II and 1 ~umbered pages one through nine for a term commencing December 22, 1974, and expiring December 20, 1975. 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 classificati.ans .represented by said Local 1319, International .Association of Fi~• Fighters, except where specifically pi:ovided ocherwise herein. In the case of conflict between 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 CAaolution shall not af'f ect any right established or accrued or any offense or act connitted. or any penalty or forfeitur£ incurred. or any prosecution. suit. or proceeding pending or any judgment rendered prior to the effective date of this resolution. SECTION 3. The Council of the City of Palo Alto hereby finds thit the enactment of this resolution is not a "project .. within the meaning of that term as defined in Section 11.04.130 -· 1 .. \ ••• • of the Palo Alto Municipal Code and, therefore, no environmental assessment is necessary. INTRODUCED AND PASSED; August 25, 1975 AYES: Beahrs, Berwald, Clay, Comstock, Eyerly, Norton, Sher, Witherspoon NOES: None ABSENT: Carey ATTEST: . /J q" / / ' ./-· « ~--~ &ty~lek;Jv_ - APPROVED AS TO FORM: ·. L-rr{:<-)I---1k"i1---ci ty Attorney APPROVED: {K~?f;ae$4 C o o er • ersonnel St;.af Services -2 - RESOLUTION Sl35 RESCINDED SY USOJ .. UTION 5349. ... ' . ' -MEMORANDUM OF UNDERSTANDING CITY OF PALO ALTO and LOCAL 1319, I.A.F.F. December 22, 1974 -December 20, 1975 This Memorandum of Understanding between the City of Palo Alto, hereinafter referred to as the 11 City11 , and local 1319, International Association of Fire Fighters, hereinafter referred to as the ttUnion•i, has been prepared and entered into in accordance with Chapter 10, Sections 3500-3509 of the California Government Code and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations. It is agreed between the City and the Union that this Memorandum of Under- standing constitutes a complete agreer.ient between the parties on all out- standing issues involving wages, hours and other conditions of employment. All previous agreements not altered by this Memorandum of Understanding, including the Paramedic Memorandum of Understanding dated August 19, 1974, are incorporated herein and made part of this agreement. SECTION 1. SALARY lNCRf.ASES A. Effective beginning December 22, 1974, a salary increase of 7.5 percent will be applied to the following classifications: Fire Fiyhter Fire Captain Fire Apparatus Operator Fire Fighter Trainee Fire Training Officer B. The salary range for Fire Inspector will be established at 2 percent above the range for Fire Captain. SECTION II. CITY CONTRIBUTIONS TO MEDICAL AND DENTAL INSURANCE PREMIUMS A. It is agreed between the parties that, except as otherwise set forth herein, the City will maintain the present level of benefits on all City sponsored medical and dental programs. In addition, it is agreed as follows: (1) City Health Flan or Kaiser Health Plan The City agrees to pay 100 p~rcent of the premiums for all employee and dependent coverages on behalf of MEMORAN~UM OF UNDERSTANDING Page Tr.' eligible and enrolled employees and dependents. Health Plan premium increases during the tenn of this Memorandum will be assumed by the City. (2) Effective April 1, 1975, it is agreed between the parties that the City Health Plan lifetime major medical maximum benefits will be increased from $50,000 to $250,000. (3) Dental Plan . ,· " The City agrees to pay 100 percent of the employee coverage premium on behalf of eligible and enrolled employees. The Union agrees that employees shall pay $2.79 per pay period (one dependent) or $6.39 per pay period (two or more dependents) on behalf of eligible and enrolled depe~dents. SECTION III. UNLIMITED VACATION ACCRUAL It is agreed between the parties that all fire fighters represented by the Union shall have the right to unlimited vacation accrual and be entitled to accrued vacation upon termination. It is further agret'd that the necessary provisions of Chapter 7 of the City of Palo Alto Merit System Rules and Regulations shall be amended to reflect this agreement. SECTION IV. PERSONAL BUSINESS CHARGEABLE TO SICK LEAVE It is agreed between the parties that all shift personnei represented by the Union shall have the right to charge up to twenty-four hours personal business leave per year to sick le~ve, and that all nonshift personnel shall have the right to charge up to sixteen hours personal business leave per year to sick leave. Such personal business leave shall be allowed only on a staffing available basis and where the provisions of the minimum staffing agreement are not affected. 11Staffing available" means at or above minimum staffing levels as defined in Section XVI. It is further agreed that the Qecessary sections of Chapter 6 of the City of Palo Alto Merit System Rules and Regulations shall be amended to reflect this agreement. SECTION V. CONVERSION OF IN-LIEU HOLIDAY PAY TO PERSONAL BUSINESS LEAVE It is agreed between the parties that hours accrued for holiday pay in lieu, otherwise payable in compensation, may be used by the employee for . : . ' ' .• • "' MEMORANDUM OF li~rn-~ANDING Page Three the employee's p€'rsona1 business on a staffing available basis, so long as -the minimum staffing ~revisions set forth herein are not affected. It is further agreed that the necessary sections of Chapter 5 of the City_ of Palo Alto Merit Syst~m Rules and Regulations shall be amended to reflect this agreement. SECTION VI. PAID TIME OFF -11 KELL Y DAY" It is agreed between the parties that all fire suppression personnel represented by Local 1319 as of April 1, 1975, shall be entitled to one shift (24 hours) off with pay an a staffing available basis to be taken before December 31, 1975, according to the provisions of ~eneral Order, Division 2, Article 35, dated April 14, 1975, are incorporated herein, attached as Appendix 11A11 , and. made a part of this agreement. SECTION VII. PER DIEM TRAVEL EXPENSES 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. SECTION VIII. PROMOTIONS TO FIRE CAPTAIN All regular promotions f:'OITI classifications within the representation unit to the classification uf Fire Captain will be made at the second step of the salary range (D Step). SECTION IX. FIRE STATION IMPROVEMENTS Within the context of the Building and Equipment Maintenance Department budget, funds have been budgeted for certain fire station improvements. With regard to such improvements. priority items and implementation schedules will be developed with the agreement of the Union. SECTION X. HOUSE FUND ITEMS The City agrees to furnish and maintain each fire station with non-food house fund items: TV purchase and repair, Palo Alto Times. San Francisc.o ,: . Chronicle or San Jose Mercury, _kitchen cooking utensils, and other specific items to be determined by mutual agreement of the parties. The·fire fighters agree to maintairi the voter registration program, with proceeds going to recreational and related programs. MEMORAt11JUM OF UNDERS.OING Page Four SECTION XI. BEREAVEME~~ LEAVE Ill , •• -.. The City shall provide employees represented by the Union with one shift per year for berea•;ement leave, with provision for approval of one ·additional shift per year in the event travel is required outside the area. Grandfather and Grandmother shall be added to the list of relatives for which bereav~ent leave will be·9ranted. It is agreed between the parties that the necessary sections of Chapter 8 of the City of Palo.Alto Merit System Rules and Regulations shall be amended to incorporate this agreement. SECtION XII. TRAINING COORDINATION One shift employee per platoon may be assigned to as~ist 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 Department and the Union. SECTION XIII. ACTUARIAL STUDIES · Prior to May 1, 1975, the City will apply for actuarial studies relating to the One-Half Continuance Retirement Option, the F1ve Percent Retirement Cost-Of-Living Escalator and the Veterans' Service Retirement Credit Option. Infonnation accumulated will be shared by the parties as it is obtained, but it is agYeed that there will be no alteration of the existing retirement benefits prior to the end of the Understanding. - SECTION XIV. EDUCATIONAL ANO OTHER INCENTIVE PROGRAM STUDIES The Fire Department and the Union will appoint representatives to fonn a joint study CORlltittee to explore educational and other incentive programs. The c011111ittee will complete its study prior to September l, 1975. Details concerning this joint study coamittee will be detennined mutually by the F1re Department and the Union~ SECTION XV. FIRE DEPARTMENT PROGRAMS A. The Union agrees to continue its cooperation and part1cf pation in existing weather sta_tion and comnuriity blood pressure screening and measurement programs. B. The Union agrees without further meet and confer to accept the extension of services into Barron Park in the event of annexation. • " ', ·' ~ .'-MEMORANDUM OF UND-~ANOING - Page Five -·~ SECTION XVI. MINIMUM STAFFING It is agreed that 26 fire suppression personnel shall be scheduled pE:r shift as a minimum staffing level. It is further agreed that the platoon may continue to operate at a level of 25 fire fighters per shift, without calling in overtime assistance. It is further agreed that during the peak vacation periods {su11111er, Christmas and Easter} platoons may operate at a n1inimum level of 24 fire fighters-per shift without calling in overtime assistance. It is further agreed that in achieving the minimum staffing levels set farther herein, that none of the six engine companies_ shall be reduced from their level of three fire fighters per engine company, and the assignment to maintain the staffing level shall be made from the truck companies. SECTION XVII. FIRE FIGHTER APPRENTICE AND TRAINING PROGRAM (AFFIRMATIVE ACTION PROGRAMl 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. Employees hired under the apprentice training progra~ may begin fire fighting suppression work after they have reached the Trainee II level. Minimum manpower levels as set forth above shall be detennined by excluding . all trainees. Local 1319 shall be represented and entitled to participate in ail stages of the testing process, and representatives from Local 1319 shall make reconmendations to the Department concerning the qualifications of any apprentice. The Palo Alto Fire Department apprentice fire fighter program attached hereto as Appendix Exhibit "811 shall be incorporated as part of this Understanding. SECTION XVIII.-PAYROLL DEDUCTIONS The Cfty shall deduct Union membership ~ues and any other mutually agreed upon payroll deduction from t.he bi-weekly pay of member employees. The dues deduction must be authorized in writing by the employee on an HEMOR.ANDUM OF UNDE~NDING Page Six -- authorization card acceptab1e 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 "'. I t • of 5:00 p.m. on the tenth day following signing of this Memorandum of Understanding must remain on payroll deduction for the life of the Memor- andum of Understanding. or so long as they remain members of the represen- tation unit. Union members who establish dues payroll deduction during the tenn of the Memorandum of Understanding must remain on payroll deduction for the life of the Memorandum of Understanding, or so long as they remain members of the represent~tion unit. Union members on dues payroll deduction may declare their intention to tenninate such payroll deduction following expiration of this Memoran~um of Understanding during the thirty day period between sixty and ninety days prior to expiration of the Memorandum of Understanding. SECTION XIX. GRIEVANCE PROCEDURE. The City a~d the Union agree to establish a grievance procedure as follows: 1. Definition: A grievance is any complaint or dispute regarding the application or interpretation of this Memorandum of Understanding, rules, regulations, policies or procedures relating to wagess hours or other tenns and conditions of employment. 2. Any employee represented by the Union tr.-:y file and process a .. grievance. Such aggrieved employees lllil.Y be represented by the Union or may represent themselves in preparing and presenting their grievance at any level of reviai;. The Unf oQ may file a grievance when a Union right _not directly related to an individual employee becomes subject to dispute. 3. Any retroactivfty on monetary gf'ievances shall be limited to the date of occurrance except fn no case will retroactivfty be granted prior to three months before the grievance was filed in writing. 4. Written grievance~ shall be sutmitted on fonns provided by the City or on 1 :=-nns whh::h are n1.1tual ly agreeable to the City and the Union._ 5. ThiJ time limits s~ified in this section may be extended by mutual agreement in writing of .the aggrieved tm:Jployee or Union and the reviewer concerned. Should a decision not be rendered within a stipulated time limit, the aggrieved employee may inmediately appeal to the next step. The grievance will be considered settled if the decision of any step 1s ... • .. I .. I .( .. ... " .9· MEMORANDUM OF UNDERSTANDING Page Seven 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 inmediate supervisor by the end of the seventh calendar day following the discovery of the incident upon ~hich 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 discussions, it may be submitted in writing to the Battalion Chief within seven calendar days of the informal discussion. The Battalion Chief will have seven calendar days from receipt of the grievance to review the matter and prepare a written response. If the grievance is denied the.response shall contain the reasons therefor. Step III 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 1s 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 IV If the grievance is not resolved 1n Step III, the aggrieved employee may submit the grievance to the City Manager for final detennination or to binding grievance arbitration. ·All Step IV appeals must be filed in writing at the Personnel Department Office within seven working days of receipt of the Fire Chief's response under Step III. _All hearings before the City Manager shall be pursuant to the rules and regulations set forth 1n 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 arbi- tration, he/she shall select jointly with the Director of Personnel Services an arbitrator. If the parties are unable to·agree on an arbitrator, they -J Ill •• ) •• • MEMORANDUM OF UNDERSTANDING Page Eight shall jointly request a panel of five qualfffed and experienced arbitrators from the State Conciliation Service. Upon receipt of the list of arbitrators, the names shall be alternately s~ruck until one name remains who shall serve as arbitrator. The arbitrator shall be jointly contacted by the parties. The ar·bitrator shal 1 have jurisdiction and authority only to inter- pret, apply, or detennine compliance with the provisions of the Memorandum of Understanding and such Merit System rules, regulations, policies, proce- dures, City ordinances or resolutions 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 tne detennination of grievances appealed to the arbitrator. The arbitrator shall be without power to make any decision: (1) Regarding matters of interest. - (2) Contrary to, or inconsistent with or modifying in any way, the tenr~ of this Memorandum of Understanding. (3) Granting any wage increases or decreases. (4) Granting pay or benefits for any period of time prior to the execution date of this Memorandum of Understanding. Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of the Memorandum of Understanding, the issue of arbitrabi11ty shall first be decided by the arbitrator using the standards and criteria set forth in Section XIX of ~· thf s Memorandum of Unders~d1 ng. The arb1 trator sha 11 be wi t.'lout authority to requ1 re the City to delegate or re11nqu1sh any powers whic~ by State l~w or City Charter the City cannot delegate or rt:lfnquish. Copies of the arbitrator's decision shall be submitted to the . City and the aggrieved employee. All direct costs manatf ng froa. the lrbitrat1on procedure shall be shared equally by the City and the aggrieved employee or the Un1on. It 1s further .agreed that the provisions of this section shall be . .. .(., -.. ... . e· MEMORANDUM OF UNDERSTANDING Page Nine incorporated as part of Chapter 11 of the City of Palo A!to 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. SECTION XX. UNION RESPONSIBILITY The Union agrees to present and reconmer.d this Memorandum of Understanding to its membership for ratification as soon as possible, and to report such ratification to the City. SECTION XXI. MANAGEMENT RESPONSIBILITY Those items of the Memorandum of Understanding not subject to detennination or review by the City Council will be implemented by the City as outlined. The City agrees to present all documents necessary to implement those items requiring City Council action to the City Council at the .earliest practicable time and to reconrnend the adoption thereof. SECTION XXII. DURATION This Memorandum of Understanding shall become effective December 22, 1974 and will remain in erfect until December 20, 1975. EXECUTED: APRIL 1, 1975 FOR: CITY OF PALO ALTO