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HomeMy WebLinkAboutContracts & Agreements_4-2001_CCv0001.pdf MEMORANDUM OF UNDERSTANDING Between TGIF CITY OF REDLANDS And THE RE DLANDS PROFESSIONAL FIREFIGHTERS ASSOCIATION UNION LOCAL NO. 1354, L Y.F. May 1, 2000—June 30, 2005 MEMORANDUM OUNDERSTANDING REDLANDS PROFESSIONAL FIREFIGHTERS ASSOCIATION TATTLE OF CONTENTS TITLE PAGE ARTICLE 1 TERM OF MEMORANDUM OF UNDERSTANDING ARTICLE 2 PREAMBLE 4 ARTICLE 3 RECOGNITION 4 ARTICLE 4 MANAGEMENT'RIGHTS 4 ARTICLE 5SALARIES 5 ARTICLE 6 RETIREMENT ARTICLE 7 OVERTIME COMPENSATION ARTICLE 8 COMPENSATORY TIME 7 ARTICLE 9 CALL BACK PAY 7 ARTICLE 10 EDUCATION INCENTIVE PAY 7 ARTICLE 11: LONGEVITY PAY ARTICLE 12` PARAMEDIC PAS'' 8 ARTICLE 13 SALARY ADJUSTMENT" ARTICLE 14 UNIFORM ALLOWANCE ARTICLE 15 DEFERRED COMPENSATION CONTRIBUTION ARTICLE 16 WORKING OUT OF CLASSIFICATION PAY ARTICLE 17 ADMINISTRATIVE DIFFERENTIAL PAY ARTICLE IS FIRE ENGINEER DIFFRENTIAL ARTICLE 19 HEALTHINSURANCE ARTICLE 20 DENTALINSURANCE ARTICLE 21 LIFE INSURANCE ARTICLE 22 VISION CARE 9 ARTICLE '23 VACATION to ARTICLE 24 SICK LEAVE 10 ARTICLE 25 HOLIDAYS 12 ARTICLE 26 BEREAVEMENT LEAVE 13 ARTICLE 27' LEAVE. OF ABSENCE WITHOUT PAY 13 ARTICLE 28 DISCRIMINATION' 13 ARTICLE 29 GRIEVANCE PROCEDURE 1 ARTICLE 30 DRIVER'S LICENSE PHYSICAL EXAMINATIONS 1 ARTICLE 31 COMMITTEE TO REVIEW MEDICAL AND DENTAL 1 ARTICLE 32 MODIFIED DUTY POLICY 1 ARTICLE 33 NO STRIKE PROVISION 1 ARTICLE 34 PARAMEDIC CERTIFICATION 17 ARTICLE 35 PREVAILING BENTEFITS 17 2 ARTICLE 36 PRODUCTIVITY 17` ARTICLE 37PROMOTIONS 17 ARTICLE 38 REQUIRED WORK HOURS 17 ARTICLE.. 39 RULES AND REGULATIONS17 ARTICLE 40 SAFETY PRACTICES 17 ARTICLE 41 SAVINGS CLAUSE 17 ARTICLE 42 SHIFT EXCHANGE 1 ARTICLE 43 UNIFORM REPLACEMENT18 ARTICLE 44 UNION ACTIVITIES 18 ARTICLE 45 MINIMUM STAFFING LEVELS 1 ARTICLE 46 PERSONAL EXPOSURE PORTING SYSTEM 1 ARTICLE 47 PAYROLL DEDUCTION OF DUES 1 ARTICLE 4 ' LOST FIREFIGHTER, 1 SIDE LETTER:. CONSOLIDATION OF FIRE SERVICE 20i SIDE LETTER WELLNESS PROD 0 3 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF DLANDS AND THE REDLANDS PROFESSIONAL FIRE,FIGHTERS ASSOCIATION UNION LOCAL NO. 1354, I.A.F.F. May 1, 2000—June 30, 2005 ARTICLE I -TERM OF MEMORANDUM OF UNDERSTANDING Except where expressly stated otherwise herein, the City and Association agree that the provisions of this Memorandum of Understanding shall become effective May 1, 2000 and expire on June 30, 2005 ARTICLE 2- PREAMBLE This Memorandum of Understanding (M.O.U.) is entered into by and between the City of Redlands, hereinafter referred to as "City", and the Redlands Professional Firefighters Association, Local No. 1354, International Association of Firefighters, hereinafter referred to as "Union." It is the purpose of this M.O.U. to achieve and maintain harmonious relations between the City and the Union; to provide for equitable and peaceful adjustment of differences which may arise; and to establish wages, hours, and terms and conditions of employment, as agreed to, for the term of this M.O.U. The parties hereby agree that the terms of the M.O.U. shall not become effective unless and until approved by appropriate action of the City Council of the City of Redlands. ARTICLE 3 - RECOGNITION The City recognizes the Union as the exclusive bargaining agent for all safety employees of the Fire Department (Firefighter, Fire Engineer, and Fire Captain), including Fire Marshal and Assistant Fire Marshal and excluding the Fire Chief, Deputy Fire Chiefs, Fire Battalion Chiefs, and Communications Coordinator. ARTICLE 4 - MANAGEMENT RIGHTS The authority of the City includes the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of work- or for other 4 legitimate reasons; maintain the efficiency of governmental operations, determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from meeting and conferring over the practical consequences that decisions on these matters may have on wages, hours and other terms and conditions of employment. ARTICLE 5 -SALARIES YEAR I —Implement agreed upon compensation study over three years to 7.5%less than the median of surveyed cities for all Unit classifications, implementation schedule as below. NEW SALARY RANGES - Upon implementation of the study, employees shall be placed into their new range. The placement into the new range shall be at the closest step in the new range which ensures that: The employee's salary is not reduced, and Ensures that employees have the ability to reach the top step within three years. DATE OF PLACEMENT - These placements shall be retroactive to first full pay period following the expiration date of the agreement (April 30, 2000). Employees shall advance within their new salary range in accordance with the City's Personnel Rules and Regulations, which means that they shall be eligible for"a merit increase at the time of their next scheduled annual performance evaluation. EXCEPTIONS — Effective with the first fall pay period following the expiration of the agreement (April 30, 2000), the classification of Fire Marshall shall be increased to the present Battalion Chief salary range and the classification of Assistant Fire Marshall shall be increased to 10% below the present Battalion Chief salary range. Should the Battalion Chief salary increase as a result of Redlands Association of Safety Management Employees negotiations, the salary ranges for Fire Marshall and Assistant Fire Marshall shall be raised accordingly, YEAR 2—Effective with the first full pay period following July 1, 2001 all Unit members shall receive a 2.5%(two and one-half percent) wage increase. YEAR 3 —Effective with the first full pay period following July 1, 2002 all Unit members shall receive a 2.5%(two and one-half percent) wage increase. YEAR 4—Effective with the first full pay period following July 1, 2003 all unit members shall receive a 10% (ten percent) wage increase, 5 YEAR 5 - The parties will conduct and complete a salary survey by August 31, 2004, utilizing the same comparison agencies as used in the September 2000 salary survey, using actual base salaries of comparison agencies in effect as of July 1, 2004. The purpose of updating the salary survey will be to determine the wage increase in Year 5 (five) of this agreement. Effective Nvith the first full pay period following July 1, 2004, all Unit members shall receive a wage increase to equal to the amount necessary to raise their respective Unit classifications to the labor market median as determined by the 2004 updated compensation study. There shall be no readjusting of the study as a result of any subsequent changes in base salaries of comparison agencies. YEAR-1-2 -PARAMEDIC PAY - Retroactive to the first full pay period following effective date of the agreement, eligible Unit members shall receive a two percent (2%) increase in Paramedic Pay. Eligible Unit members shall receive a two percent (2%) Paramedic Pay increase on the first full pay period following July 1, 2001. ARTICLE 6 - RFTIREMENT - PUBLIC ,EMPLOYEES', --RETIRIEME SYSTEMffERS) The City will continue to pay to the California Public Employees' Retirement System (PERS), on behalf of each employee covered by this agreement, an amount equal to the required employee contribution to that system provided the contribution will not exceed a total of nine percent(9%) of regular compensation. These contributions shall, at the time of termination,belong to the employee. The City shall continue to provide the following provisions in its contract with the PERS retirement system: 2% at 50 Retirement Formula Survivor Continuance Highest Single Year Effective January 1, 2005, the City shall implement the enhanced retirement benefit of 3% @ 50 however the employees shall be responsible for one-half of all costs associated with implementing and maintaining the enhanced benefit, to a maximum of 7.25% of base salary. Furthermore, upon the joint request of the Fire Unit and RASME, the City shall implement 3% @ 55. The affected employees shall be responsible for all costs associated with implementing and maintaining 3% @ 55. ARTICLE 7- OVERTIME COMPENSATION Effective January 1. 1989, overtime compensation will be paid as follows: 1. Overtime pay shall be earned at time and one-half for all hours worked over fifty- three (53) hours per week for shift personnel. 6 2. Overtime pay shall be earned at time and one-half for all hours worked over forty (40) hours per week for non-shift personnel. 3, Time paid for holidays, vacation, sick leave, military leave, administrative leave and workers' compensation shall be treated as actual hours worked for purposes of computing overtime. 4, Compensation for overtime shall be paid the payday following the pay period which the overtime is earned. ARTICLES —COMPENSATORY TIME Effective with the fall ratification of the agreement, the City shall provide each employee in the unit with the option, at the discretion of the employee, of receiving overtime compensation in the form of compensatory time off(CTO) or cash. Affected employees shall be authorized to accumulate no more than two hundred-forty (240) hours of CTO during any calendar year. If at any time during a calendar year, an affected employee has already accumulated two hundred-forty (240) hours of compensatory time, then overtime payments shall be made in cash. All accumulated CTO shall be utilized within twelve (12)months of the time it is earned. Consistent with both the reasonable requirements of Fire administration and the provision of this paragraph, affected employees shall be authorized to utilize the accumulated CTO for any purpose. The City agrees that it shall be at the discretion of the member of the unit to use compensatory time off in lieu of vacation or holiday time. ARTICLE 9 -CALL BACK PAY All employees in the unit who are called back to work from their off duty period shall be compensated with three (3) hours minimum at one and one half (11/2) times the basic rate of pay. This compensation shall be over and above the actual time worked. ARTICLEIp -ED CATION PAY Effective with the first full pay period following ratification of the agreement, employees may qualify for a seven and one-half percent (7,5%) increase in base salary upon submitting satisfactory proof of the completion of the following educational requirements a) An Associate of Arts or an Associate of Science degree with eighteen (1 8) fire science units approved by the Fire Chief, or b) Fifteen (15) years of sworn fire service and eighteen(18) fire science units as approved by the Fire Chief: or 7 C) State Fire Officer Certification and sixteen (1 6) fire science units approved by the Fire Chief; or d) State Fire Prevention Officer's certification and sixteen (16) fire science units approved by the Fire Chief Employees may qualify for a ten percent (10%) increase in base salary upon submitting satisfactory proof of the completion of the following educational requirements- A Bachelor of Arts or Bachelor of Science degree with eighteen (18) fire science its approved by the Fire Chief. ARTICLE 11 - LONGEVITY PAY ("F STEP") Employees in the unit with twenty (20) years of continuous service with the City of Redlands will be compensated with an additional five-percent (5%) increase in base salary following the completion of their 20th year. ARTICLE 12 - PARAMEDIC PAY The Fire Chief may designate up to twelve (12) employees that will be eligible to receive a paramedic compensation allowance, which shall be equal to ten and three-tenths percent (10.3%) of Step E of the Firefighter Range. Six (6) additional employees may be designated to receive the paramedic compensation allowance contingent upon continued funding. Retroactive to the first full pay period following the effective date of the agreement (April 30, 2000), eligible Unit members shall receive a two percent (2%) increase in Paramedic Pay, for a total of 12.3% of Step E of the Firefighter range. Eligible Unit members shall receive a two percent (2%) increase in Paramedic Pay on the first full pay period following July 1, 2001, for a total of 14.3% of Step E of the Firefighter range. Paramedic Incentive Pay shall be included as Firefighter base salary when a Firefighter is assigned as a Paramedic. ARTICLE 13 - SALARY ADJUSTMENT—FINAL YEAR,COMPENSATION One (1) year prior to service retirement, each employee in the unit shall have the option of having their base salary increased in accordance with PER regulations concerning final year compensation. All effective dates shall be as dictated by PERS policy. ARTICLE 14 -UNIFORM ALLOWANCE Each employee in the it shall receive a uniform allowance of two hundred fifty dollars ($250.00) per year. In addition, the City will provide each employee in the unit with five (5) shirts during the period from July 1, 1984, to June 30, 1986;. and every two (2)years thereafter. 8 ARTICLE 15 - DEFERRED COMPENSATION CONTRIBILTION Beginning July 1997, the City will make an annual contribution to deferred compensation on behalf of each member in the amount of twenty-five dollars ($25.00). ARTICLE 16--WORKING OUT OF CLASSIFICATION CRANK)PA Any employee in the unit who is required to accept the responsibilities and carry out the duties of a position or rank above that which he/she normally holds, for a period of twelve (12) hours or more,shall be paid at the rate of one (1) hour at one and one- half (IV,) times the rate of employees permanent position in addition to the employees regular pay. The one (1) hour differential shall be calculated on the "E" step or highest rate for the employee's regular position. Acting rank positions shall by mutual agreement be limited to two (2) during a twenty-four(24) hour period. ARTICLE 17—ADMINISTRATIVE DIFFERENTIAL,PAY If the department creates an administrative bargaining unit position while the terms of the MOM are in effect,the parties shall meet and confer over the subject of administrative differential pay. ARTICLE IS-FIRE ENGINEER DIFFERENTIAL During the term of this agreement,the City agrees to maintain a two and one-half percent (2 1/2,0/o) differential between the classification of Fire Engineer and a Firefighter receiving Paramedic Pay. ARTICLE 19 -HEALTH INSURANCE The City shall contribute the entire monthly premium for health insurance for employees in the it and their eligible dependents under the Public Employees Retirement System (PERS). ARTICLE 20 -DENTAL INSURANCE The City shall contribute the entire monthly premium for employees and eligible dependents under either the City's self-insured dental plan or the Denti-Care Plan. ARTICLE 21 - LIFE INSURANCE The City shall contribute the entire monthly premium for a life insurance policy in the amount of ten thousand dollars ($10,000) for all employees in the unit. ARTICLE 22 -VISION CARE The City agrees to provide a vision care reimbursement plan, effective July 1996. The vision care plan will reimburse members of the it in the amount of up to t,�vo hundred 9 dollars ($200) every twenty-four (24) months for the purchase of frames and lenses or contact lenses. ARTICLE 23 -VACATION The vacation accrual for employees in the unit shall be as follows: 24 Hour Shift Personnel 1 - 5 years of service 5 shifts 6-7 years of service 6 shifts 8 -9 years of service 7 shifts 10- 13 years of service 8 shifts 14- 15 years of service 9 shifts 16-20 years of service 10.5 shifts 20+ years of service 11 shifts 8 Hour Shift Personnel i —5 years of service 80 hours 6-7 years of service 120 hours 8 -9 years of service 128 hours 10- 11 years of service 136 hours 12 — 13 years of service 144 hours 14- 15 years of service 152 hours 16 -20 years of service 160 hours 21 years of service 168 hours 22 years of service 176 hours 23 years of service 184 hours 24 years of service 192 hours 25 + years of service 200 hours A maximum of two (2)years accrual can remain on the books from year to year. Employees will be paid for unused vacation at the time of separation. There shall be no limit to the number of personnel off per shift. ARTICLE 24 - SICK LEAVE a) ACCRUAL—Paid sick leave shall accrue at 5.6 hours per pay period and taken in twenty-four (24) hour shifts. Employees who work a forty (40) hour week will accrue sick leave at 3.7 hours per pay period. 10 b) BUY-B,ACK--(24 HOUR SHIFT PERSONNEL)—Unit employees with more than seven hundred (700) hours of sick leave accrual may buy back up to three (3) shifts of sick leave accrual each year, based on the following schedule- I- No sick leave used during applicable period—buy back three (3) shifts. 2. One (1) shift of sick leave used during applicable period — buy back two (2) shifts. 3. Two (2) sick leave shifts used during applicable period—buy back one (1) shift. 4. Three (3) or more shifts of sick leave used during applicable period — no buy back entitlement. Unit employees with more than one thousand one hundred (I 100) hours of sick leave accrual may buy back up to six (6) shifts of sick leave accrual each year, based on the following schedule: 1. No sick leave used during applicable period—buy back six(6) shifts. 2. One (1) shift of sick leave used during applicable period — buy back five (5) shifts. 3. Two (2) sick leave shifts used during applicable period—buy back four(4) shifts. 4. Three (3) sick leave shifts used during applicable period — buy back three (3) shifts. 5. Four(4) sick leave shifts used during applicable period—buy back two (2) shifts. 6. Five (5) sick leave shifts used during applicable period—buy back one (1) shift. 7. Six (6) sick leave shifts used during applicable period—no buy back entitlement. Payment shall be made in November of each calendar year for the preceding year. C) BUYBACKAQ HOUR WEEK PERSONNEL -.At the end of each calendar year, each employee in the unit may elect to be paid cash at their prevailing hourly rate for each sick leave day accumulated during the preceding calendar year, in excess of six (6) sick leave days, or to accumulate all sick leave days from calendar year to calendar year to an unlimited amount. A total of one (1) year's accumulation must be on the books prior to any compensation being paid. 11 d) ACCRUAL PAYMENT UPON RETIREMENT-Upon service or medical retirement under the PERS retirement plan, or in the event of the death of an employee prior to retirement, employees with less than twenty (20) years service with the City may elect one (1) of the following options for payment of unused sick leave: I Convert all remaining sick leave accrued at the time of retirement to cash value at the final rate of pay and apply said cash value to applicable premiums payable under the City's medical insurance program for the employee and eligible dependents until the, cash value is exhausted. In the event that the employee dies prior to exhaustion of the cash value of said benefits, the remaining cash value may be applied towards the premiums of covered dependents until exhausted, subject to the conditions and limitations of the applicable insurance policy. 2. At the time of service retirement, disability retirement, or at the death of an active employee,accrued sick leave may be cashed out at the prevailing hourly rate at three-percent(3%) for each year of service. 3. At the time of retirement or disability retirement extend service credit equal to one hundred percent(100%) of accrued sick leave on the books. Upon service or disability retirement under the PERS retirement plan, or in the event of the death of an employee prior to retirement, employees who have served a minimum of twenty (20) years of service with the City of Redlands, shall be provided with lifetime health insurance. This health insurance shall be at no cost to the retired employee and shall cover the employee and eligible dependents. The plan shall be equal to that provided to full time employees on payroll. In addition, affected employees also have the option of being compensated for unused sick leave on the books at the time of retirement by either option 2 or 3 above. ARTICLE- 25 - HOLIDAY SCHEDULE AND HOLIDAY CARRYOVER PROHIBITION Twenty-four (24) hour shift personnel in the unit shall be compensated with twelve (12) 12-hour holidays per year and two (2) 12-hour floatin9 holidays per year. Effective January 1, 1997, compensation shall be based on 5,54 hours per fourteen (14) day pay period. Floating holidays not used by December 3 1" of each year will be paid off the following January. Within the first week of December, represented shift personnel shall have the optionof submitting to the Finance Department a declaration of intent to convert their 168 hours of holiday pay to one hundred twelve (112) hours of compensatory time off for the ensuing calendar year. 12 Non-shift personnel shall receive the same holidays granted to other employees as established by Council Resolution. Non-shift personnel shall not be allowed to carry over holidays from one calendar year to another. Floating holidays not taken by December 31 shall be paid off in January of the following year. ARTICLE 26 - BEREAVEMENT,LEAVE In the case of death in the immediate family, shift personnel will be compensated with twenty-four (24) hours paid leave and hourly employees will be compensated with two (2) days paid leave. Immediate family shall be defined as the following relatives to either the employee or spouse of the employee: spouse, child (including a foster child or ward of the court), parent, grandparent, brother and sister. ARTICLE 27- LEAVE OF ABSENCE WITHOUT PAY If an employee takes more than five (5) accumulated days of leave without pay in a calendar year, commencing at the beginning of the sixth (6th) day of leave without pay and any day of leave without pay thereafter during the calendar year; sick leave and vacation accruals will be adjusted proportionately to eliminate benefit accruals for any day an employee is on leave without pay. ARTICLE 28 -DISCRIMINATION The City agrees not to discriminate against any employee for their activity on behalf of, or membership in, the Union. ARTICLE 29 - GRIEVANCE PROCEDURE GRIEVANCE DEFINED A grievance is an alleged violation of this Memorandum of Understanding,the Personnel Rules or a written City policy. PROCEDURE Informal Procedure—The grievant and the City's representative shall make every effort to resolve the _grievance at the lowest level of supervision. Thus,the grievant shall attempt to discuss the>grievance with the immediate super-visor before resorting to the, Formal Grievance Procedure,below. However, if the grievant is unable to resolve the grievance informally before the time period for filing a Formal Grievance Procedure (ten working days from the date the grievance allegedly occurred),the grievant must proceed to the Fortnal Grievance Procedure in accordance with the,time limits therein or he/she will have waived the right to proceed in the Formal Grievance Procedure. 13 Formal Grievance Procedure First Level of Review The grievant shall present the formal grievance in writing to his/her supervisor within tern (1 ) working days from the alleged occurrence of the violation. The written grievance shall contain the following information: Name of grievant and,job title; Department/Section; Clear and concise statement of the nature of the grievance including the circumstances and dates involved; The specific provisions of the Memorandum of understanding, City Policy or personnel rules alleged to have been violated; Requested remedy; Name of the grievants representative, if any; Date and signature of grievant. The supervisor shall render a decision:and comments in writing and return them'to the grievant within tent (l ) working days after receiving the written grievance. If the grievant does not agree with the supervisor's decision or if no answer has been received: within the specified time period.,the grievant shall present the grievance in writing to the Department Head to his/her designee within teat 1 ) working days of the date the supervisor's decision is rendered or should have been rendered pursuant to the specified time period. Second Level—Department Mead Review The Department Head or his/her designee shall discuss, upon request, the grievance with the grievant, the grievant's representative if any, and with other appropriate persons. The Department head or designee shall render his/her decision and comments within.tent (10) working days after receiving the formal grievance. If the grievant does not agree with the decision reached or if no answer has been received within the specified time period, the grievant may drove the grievance to the next level of the grievance procedure. In order to do so, the grievant must submit the grievance to the City Manager, along with a written request that the grievance be considered at the third level, within_'ten(1 0)working clays of the date the Department Head's decision is rendered, or should have been rendered, pursuant to the specified time period. Third Levu—City Manage If the grievance is submitted to the City Manager for review and settlement, the City Manager may elect the methods he/she considers appropriate for the study of the issues and shall render a written decision to the parties within ten (1 0) working days of receipt the grievance. Fourth Level—Advisory Mediation If the grievance has not been resolved after completion of the fourth level above; either the Union or the City may request non-binding mediation through the Mate of California Department of Industrial Relations Mediation and Conciliation Service. This mediation shall be provided by the sate at no cost to either the City or the employee. Fifth Level—Binding Arbitration If the grievance is not adjusted to the satisfaction of the employee under the procedures set forth in the foregoing sessions, the employee or his designated representative, if any, within ten (10) working days after the completion of the last step under the fourth, level above, shall submit ,a written letter to the City 1Manager, stating the matter has not been resolved, and the intention to invoke arbitration before a neutral, third party. Such statement, along with a copy of the record of the grievance developed to that point, shall be transmitted to the City Manager along with the statement of intention for an arbitration hearing. The Association shall request a list of seven r) arbitrators from the California Stag Mediation and Conciliation Service no later than ten 1 ) working days after delivering the letter of intent to invoke arbitration. Upon receipt of the list of arbitrators, both the City and the Association shall have the opportunity to informally and mutually agree upon an arbitrator. Should neither side informally and mutually agree to an arbitrator, each side will begin the process of alternatively striping names that are unacceptable. Should no name be acceptable at the end of the striking process, within five ( ) working days of the Association shall request a new list of seven 7) arbitrators from the State of California Mediation and. Conciliation Service and upon receipt of such list, the striking process shall resume until such time that a mutually agree arbitrator has been selected by both parties. The cost of the arbitrator fees, including travel and transcription services shall be equally shared by both the Association and the City. Each party shall be responsible for their own costs for the arbitration, including subpoena and witness fees._ The final decision of the arbitrator shall be final and binding upon both the Association and the City, however it is agreed and understood that the arbitrator does not have the authority to change any City ale, policy or resolution nor any provision of this agreement. General Provisions The grievant is entitled to representation of his/her choice at any point in the grievance procedure. Failure by the grievant to meet any of the specified time lines shall constitute a withdrawal and waiver of the grievance. Failure by the City to meet any of the specified time lines shall entity the grievant to appeal to the next level of review. Since it is important that grievances be processed as rapidly as possible, the number of days indicated at each level shall be considered as maximum, and even, effort should be made to expedite the process. If the last day of the specified time period falls on a weekend or a City Hall observed holiday, it shall be moved to the next working day that City Hall is open. Otherwise, the time specified may be extended only by mutual written consent. Probationary employees may not grieve a rejection from probation. Employees shall be assured freedom from reprisal for using the grievance procedure. The Personnel Office shall act as a central repository for all grievance records. Failure on the part of an employee or his/her representative to appear for any scheduled meeting without notification may constitute a withdrawal and waiver of the grievance. ARTICLE 30 - DRIVER'S LICENSE PHYSICAL EXAMINATIONS The City will pay for the required physical examinations of employees required by their job classifications to maintain Class A or Class B driver's licenses. Time spent participating in the required physical examination will be considered as time worked. ARTICLE 31 - ESTABLISHMENT OF A COMMITTEE TO REVIEW MEDICAL AND DENTAL PLANS Either the City or the Union may request a labor management committee be established to review medical, dental and/or vision plan design, benefits, premiums or alternative plans. Such review is not binding on either party. The City or the Union may request other employee organizations participate in the labor management committee review process. ARTICLE 32`® 11 O IFIED DUTY POLICY The Union agrees that the City's modified duty policy also applies to members of this unit, with the stipulation that all modified duty will occur within either the Police or Fire Departments. The City agrees to enter into discussions concerning modified duty for personnel injured while off duty on a case by case basis. ARTICLE 33 -NO STRIKE PROVISION The Union agrees that it will not authorize, instigate, aid, condone, or engage in any strike, which, willinterrupt or interfere with the operation of the City. The Employer places the Union on notice of its intention and right to terminate any employee who instigates or engages in any, strike or work stoppage which interrupts or interferes with the operation of the City. 16 ARTICLE 34 - PARAMEDIC IFIC Paramedic recertification hours shall be considered as overtime and calculated and paid as set forth in the overtime compensation agreement:. ARTICLE 3 - PREVAILING BENEFITS Except as otherwise set forth herein, employee benefits enjoyed by employees in this unit at the present time shall remain in full force and;effect during the term of the 11 . . , unless changed by mutual consent. ARTICLE 36 -PRODUCTIVITY The City and the Union shall work together in the interest of maintaining and improving; efficiency in all municipal operations,;the conservation of materials, supplies, equipment, the improvement in quality of workmanship and service to the public. ARTICLE 37- PROMOTIONS Employees promoted to positions above the classification of Firefighter shall be advanced in salary to a minimum of"D" step in that salary range. Upon satisfactory completion of six ( ) months probation they shall be advanced to "E"step ARTICLE 38 - REQUIRED WORT HOUR The required hours per week for all Fire Department shift personnel shall be fifth{ six hours per week effective September 28, 198 1 ARTICLE 39 - RULES AICA REGULATIONS Mules and regulations in effect on August 3, 1993, shall be a formal part of this agreement. New rules, or changes in rules,,shall be accomplished through the meet and confer process. This meet and confer process will be limited to changes in said rules and regulations. ARTICLE 40 -SAFETY PRACTICES The Union supports the City's safety program objectives and agrees to do its utmost to see that its members cooperate and improve safety practices. ARTICLE 41 - SAVINGS CLAUSE If any provision of this M.O.U., or the application of such provision,should be rendered or declared invalid by any court action or by reason of any existing or subsequently 1' enacted legislation, the remaining parts or portions of this M.O.U. shall remain in fall force and effect. ARTICLE 42 - SHIFT EXCHANGE Employees shall have the right to exchange shifts on an "unlimited freedom of trade" basis as long as the trade does not interfere with the normal operation of the Fire Department. The Fire Chief shall approve such procedure. ARTICLE 43 -UNIFORM REPLACEMENT Uniforms damaged in the line of duty will be replaced as determined by the Fire Chief. ARTICLE 44 - UNION ACTIVITIES Meet and Confer- Local 1354 may appoint members of its union to serve on a bargaining team for the purpose of meeting and conferring with City officials, however bargaining team members must be identified prior to bargaining commencing. Release time for bargaining shall be with the approval of the Fire Chief. Should the department be unable to provide release time, another bargaining session shall be scheduled at a mutually agreeable time between the Union and City. Firefighters serving on the bargaining team during their scheduled working hours shall earn their regular rate of pay during any workday hours that bargaining occurs. Firefighters not on duty shall not earn pay, including overtime, for meeting and conferring. Grievance Handling Local 1354 may appoint members of its union to act as employee representatives for the purpose of investigating grievances and attending grievance meetings. Release time for grievance handling shall be with the approval of the Fire Chief. Should the department be unable to provide release time, another time shall be scheduled that is mutually agreeable between the Union and City. Firefighters acting as employee representatives for the purpose of grievance handling during their scheduled working hours shall earn their regular rate of pay during any work day hours that grievance handling occurs. Firefighters not on duty shall not earn pay, including overtime, for grievance handling. Official Union Business Each year Local 1354 members may contribute vacation leave hours to create a total bank of two hundred-forty (240) hours that members may utilize for Official Union Business 18 Leave, such as attending training or conventions. Official Union Business Leave must be pre-approved by the Fire Chief and the City Manager. Notification of Union Officials A current list of members making up the Board of Directors, including their term of office, shall be submitted to the Personnel Office and Fire Chief as changes in Board membership occur. Union Meetingas The Union shall be allowed the use of City facilities to hold union meetings. Represented employees who are on duty shall be allowed to attend said meetings with approval of the duty Chief. ARTICLE 45 -MINIMUM STAFFING LEVELS The City will maintain a minimum staffing level, utilizing members of Local 1354, of three (3) Firefighters for each Basic Life Support Engine Company, four (4) Firefighters for each Advanced Life/Support Engine Company, two (2) Firefighters for a Basic and/or Advanced Life Support vehicle (squad), three (3) firefighters for the Ladder Company. All engines and ladder shall have a Captain, Engineer and Firefighter(s) asp of their staffing levels. All Advanced Life Support units shall have two (2) Certified Paramedics at all times. The minimum daily staffing levels shall not drop below sixteen (16) personnel excluding the Battalion Chief ARTICLE 46-,PERSONAL EXPOSURE REPORTING SYSTEM The City shall continue to contribute the entire cost of the Personal Exposure Reporting Recording System developed by the California Professional Firefighters Association and Administered by the California Firefighter Foundation. The Association shall provide the City with the Personal Exposure Reporting Recording System annual report. ARTICLE 47 - PAYROLL DEDUCTION OF DUES The City agrees to deduct each pay period, dues and assessments in an amount certified to be current by the Secretary/Treasurer of the Union from the pay of each member of the unit- The total amount of deductions shall be remitted each pay period by the City to the Secretary/Treasurer of the Union. ARTICLE 48 - LOST FI FIGHTER The City will inter at Hillside Cemetery, at no cost to the firefighter. or his/her family, any active firefighter who dies in the line of duty, or dies from any diseases that is 19 recognized by the State of California as being associated with the job of being a firefighter. SIDE LETTER CONSOLIDATION OF FIRE SERVICES Should the City consider consolidation of any City fire service that would impact bargaining unit members, the City agrees to meet and discuss any such plans for changes in the fire service. Notwithstanding the commitment to meet and discuss any proposed changes in the fire service that would impact unit members, the City agrees to meet and confer on any proposed changes in the fire service required by the Meyers-Milias-Brown Act. WELLNESS PIC►{ Agree to a labor management committee to discuss and potentially implement a mutually agreed upon wellness program. CITY OF REDLA4NfLvs January 16, 2001 Mayor Pat ill reach Date ",-7- Attest.�--�,- Louie Poyzer, City Clem REDLANDS 'RC3FESSIONAIL FIREFIGHTERS ASSOCIATION UNION LOCAL NO. 1354, I.A.F.F. Dan Crow,Presid t Date 20 Order No. I (Amendment No, 1) with Carollo engineers to provide engineering services fior the Redlands Recycled Water Project Treatment Facilities. klobile Horne Rent Review Board - Annual Report - On motion of Councilmember George, seconded by COU1161meniber Freednian, the City Council unatuniously acknowledged receipt of the IN/lobile florne Rent Review Board's annual report for the year 2000, klOtJ - Drue Elimination Proti)rann - Cin motion of Councitmember George, seconded by Councilmember Freedman, the City Council unaturnously approved a Men-toranduni of Understanding with the County of San Bernardino Housing Authority accepting S30,000.00 in Public Housing Drug Elimination Prograrn grant funds to provide police patrols in the area of local Housing Authority properties during the period February 2001 through August 2002, and authorized the Mayor and City Clerk to execute the document on behalf of the City. MOU - Redlands Professional Firefighters Association - On motion of Councilmember George, seconded by Councilmember Freedman, the City rnmously ratified a new Memorandum of U derstanding, with the Council tin,an Redlands Professional Firefighters Association and authorized the Mayor and City Clerk to execute the document on,behalf of the City Resolution No. 5833 - Traffic - Cin motion of Councilinember George, seconded by Counellinernber Freedman, the City Council unanimously adopted Resolution No. 5833, a resolution of the City of Redlands establishing the following traffic regulations pursuant to Title 10 of the Redlands Municipal Code: change existing white painted curb on westerly side of the 500 block of San Mateo Street, adjacent to Smiley Elementary School, to yellow painted Curb and install signs as indicated in said resolution. Task Force A"r ement - Santa Ana River Watershed - On motion of Councilmember George, seconded by Couriciltnember Freedman, the City Council unanimously authorize Amenditrent No. 3 to the agreement for participation with the Santa Ana River Dischargers Association and Santa Ana Watershed Project Authority to extend the terms of the agreement that formed a task force to evaluate the impact of Total Inorganic Nitrogen (TIN) and Total Dissolved Solids QT S) on water resources in the Santa Ana River Watershed. AL�recmcnt - Street Trees - Counci I tri ember Gilbreath suggested a chamye to the agreement with the Redlands Community Investment Corporation by d7eicting a portion of the last sentence in Section 3, Insurance; the new sentence to read: "This is not intended to require Licensee to be named on owner's inSUrance policy," With that arrienditient, Councilmember Gilbreath moved to approve the amended agreement with the Redlands Community Investment Coq)oration for the planting of street trees surrounding the CalFed building located at 300 East State Street and to authorize the Mayor and City Clerk to sign the agreement on Jamiry, t6, 2001 Nee 7