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HomeMy WebLinkAboutContracts & Agreements_128-2023MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDLANDS AND THE REDLANDS PROFESSIONAL FIREFIGHTERS ASSOCIATION UN/ON LOCAL N0.1354, I.A.F.F. JULY 1, 2023 - JUNE 30, 2026 12075762.1 RE035-040 MEMORANDUM OF UNDERSTANDING Between The City of Redlands And The Redlands Professional Firefighters Association Union Local No. 1354, I.A.F.F. July 1, 2023 - June 30, 2026 Article 1: Term of Memorandum of Understanding 4 Article 2: Preamble 4 Article 3: Recognition 4 Article 4: Management Rights 4 Article 5: Discrimination 4 Article 6: Grievance Procedure 4 Article 7: Prevailing Benefits 7 Article 8: Productivity 7 Article 9: Promotions 7 Article 10: Required Work Hours 7 Article 11: Rules and Regulations 7 Article 12: Safety Practices 7 Article 13: Savings Clause 7 Article 14: No Strike Provision 8 Article 15: Equivalent Benefits 8 Article 16: Lost Firefighter 8 Article 17: Consolidation of Fire Services 8 Article 18: Salaries 8 Article 19: Overtime Compensation 8 Article 20: Education Incentive Pay 9 Article 21: Certification Pay 9 Article 22: Longevity Pay 9 Article 23: Paramedic Pay 9 Article 24: Call Back Pay 9 Article 25: Paramedic Certification 10 Article 26: Uniform Allowance 10 Article 27: Bilingual Pay 10 Article 28: Deferred Compensation Contribution 10 Article 29: Payroll Deduction of Dues 10 Article 30: Medical Insurance 10 Article 31: Dental Insurance 13 Article 32: Life Insurance 13 Article 33: Vision Care 13 Article 34: Wellness Program 13 Article 35: Disability Insurance 13 Article 36: Driver's License Physical Examinations 13 Article 37: Modified Duty Policy 13 Article 38: Minimum Staffing Levels 13 Article 39: Personal Exposure Reporting System 14 Article 40: Union Activities 14 Article 41: Retirement — Public Employees' Retirement System (PERS) 15 Article 42: Defined Contribution & Contribution Plans 15 Article 43: Death on Duty 16 Article 44: Vacation 16 Article 45: Compensatory Time 17 Article 46: Sick Leave 17 Article 47: Holiday Schedule and Holiday Carryover Prohibition 18 Article 48: Bereavement Leave 19 Article 49: Leave of Absence Without Pay 19 Article 50: Shift Exchange 19 Article 51 Zipper Clause 19 Article 52: Signatures 19 City of Redlands RPFA MOU 2023-2026 Article 1: 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 July 1, 2023 and expire on June 30, 2026. Article 2: Preamble This Memorandum of Understanding (MOU) 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 MOU 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 MOU The parties hereby agree that the terms of the MOU 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), excluding the Fire Chief, Deputy Fire Chiefs, Fire Battalion Chiefs. 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 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 on the effects that decisions on these matters may have on wages, hours, benefits and working conditions. Article 5: rise l�inuti The City agrees not to discriminate against any employee for their activity on behalf of, or membership in, the Union and other terms and conditions of employment. Article 6: Grievance Procedure Section 6.01: GRIEVANCE DEFINED A grievance is an alleged violation of this Memorandum of Understanding, the Personnel Rules or a written City policy. Section 6.02: PROCEDURE A. 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 supervisor 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 Formal Grievance Procedure in accordance with the time limits therein or he/she will have waived the right to proceed in the Formal Grievance Procedure. B. FORMAL GRIEVANCE PROCEDURE 1. First Level of Review The grievant shall present the formal grievance in writing to his/her supervisor within ten (10) working days from the alleged occurrence of the violation. The written grievance shall contain the following information: a. Name of grievant and job title; b. Department/Section; c. Clear and concise statement of the nature of the grievance including the circumstances and dates involved; d. The specific provisions of the Memorandum of Understanding, City Policy or Personnel rules alleged to have been violated; e. Requested remedy; f. Name of the grievant's representative, if any; and g. Date and signature of grievant. The supervisor shall render a decision and comments in writing and return them to the grievant within ten (10) 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 ten (10) working days of the date the supervisor's decision is rendered or should have been rendered pursuant to the specified time period. 2. Second Level — Department Head 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 ten (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 move 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 (10) working days of the date the Department Head's decision is rendered, or should have been rendered, pursuant to the specified time period. 3. THIRD LEVEL — CITY MANAGER 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 (10) working days of City of Redlands I RPFA MOU 2023-2026 receipt the grievance. 4. 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 State of California, Department of Industrial Relations Mediation and Conciliation Service. This mediation shall be provided by the State at no cost to either the City, to the employee, or the Association. This step shall be inapplicable if a cost is to be incurred by any party or person. 5. 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 Manager, 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 (7) arbitrators from the California State Mediation and Conciliation Service no later than ten (10) 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 striking names that are unacceptable. Should no name be acceptable at the end of the striking process, within five (5) 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 rule, policy or resolution nor any provision of this agreement. c. GENERAL PROVISIONS 1. The grievant is entitled to representation of his/her choice at any point in the grievance procedure. 2. 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 entitle the grievant to appeal to the next level of review. 3. 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 every 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. 4. Probationary employees may not grieve a rejection from probation. 5. Employees shall be assured freedom from reprisal for using the grievance procedure. 6. The Personnel Office shall act as a central repository for all grievance records. 7. 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 7: Prevailing Benefits All terms and conditions of employment set forth in the MOU, including past practices defined as such by prevailing law and which clarify the meaning of a contract provision, will remain in full force and effect for the term of the agreement unless modified by mutual agreement of the parties. All other matters affecting terms and conditions of employment and which constitute actual past practices defined as such by prevailing law, shall be subject to change during the tern of this MOU either by mutual agreement or by virtue of the meet and confer process and any applicable impasse resolution procedures being completed. Article 8: 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 9: Promotions Employees promoted to positions above the classification of Firefighter shall be advanced in salary to a minimum of step 3 in that salary range. Upon satisfactory completion of six (6) months probation they shall be advanced to step 4. Article 10: Required Work Hours The required hours per week for all Fire Department shift personnel shall be fifty six (56) hours per week. Article 11: Rules and Regulations Rules and regulations 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 12: 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 13: Savings Clause If any provision of this MOU, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this MOU shall remain in full force and effect. City of Redlands 1 RPFA MOU 2023-2026 Article 14: No Strike Provision The Union agrees that it will not authorize, instigate, aid, condone, or engage in any strike, which will interrupt 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. Article 15: Equivalent Benefits If during the term of this agreement, another Redlands safety unit negotiates an increase to compensation in the following areas: base salary, tuition reimbursement, education incentive or leave accrual, such terms shall become applicable to Local 1354 members who shall receive an equivalent increase in compensation, only if the change in compensation results in a net increase in total compensation (i.e. the value of City provided benefits) to any unit member in the other safety unit. Article 16: Lost Firefighter 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 recognized by the State of California as being associated with the job of being a firefighter. Article 17: Consolidation of Fire Services Should the City consider consolidation of any City fire service that would impact 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. Article 18: Salaries All unit members shall receive the following: 1. Effective the first full pay period following July 1, 2023, all unit members will receive a seven percent (7%) increase to base salary. 2. Effective the first full pay period following July 1, 2024, all unit members will receive a two percent (2%) increase to base salary. 3. Effective the first full pay period following July 1, 2025, all unit members will receive a two percent (2%) increase to base salary. Article 19: Overtime Compensation A. Overtime compensation shall be calculated and paid as follows: B. Overtime pay shall be earned at time and one-half for all hours worked over an FLSA 7 day period/fifty-three (53) hours per week for shift personnel. C. Overtime pay shall be earned at time and one-half for all hours worked over forty (40) hours per week for non -shift personnel. D. Computation of overtime shall exclude time paid for holidays, vacation, sick leave, military leave, administrative leave, workers' compensation, and compensatory time off. E. Compensation for overtime shall be paid the payday following the FLSA 7 day work period in which the overtime is earned. Article 20: Education Incentive Pay 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 (18) 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 C. State Fire Officer Certification or equivalent certification authorized by the State Board of Fire Services and sixteen (16) fire science units approved by the Fire Chief; or D. State Fire Inspector Series or equivalent certification authorized by the State Board of Fire Services 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: Bachelor of Arts or Bachelor of Science degree with eighteen (18) fire science units approved by the Fire Chief. Article 21: Certification Pay The Fire Chief shall designate up to six (6) unit employees who shall possess and maintain a Fire Investigator Certification, recognized by the Office of the State Fire Marshall (OSFM), to receive a 5% increase in base salary. The number of designated employees may be reduced if there are not six unit members that possess the appropriate certification. The Fire Chief shall designate up to sixteen (16) unit employees who shall possess and maintain a Hazardous Materials Technician Certification, recognized by the OSFM, to receive a 2.5% increase in base salary. The number of designated employees may be reduced if there are not sixteen unit members that possess the appropriate certification. Article 22: Longevity Pay Employees in the unit with 19 years of continuous service with the City of Redlands shall advance to Step 7 on the salary schedule. In the event that a unit member is not at Step 6 when he/she is eligible for Step 7, the unit member will advance to the next step in their salary range and continue to advance based on merit until the unit member reaches Step 7. Effective July 1, 2021, employees in the unit with 14 years of continuous service with the City of Redlands shall advance to Step 6 on the salary schedule. In the event that a unit member is not at Step 5 when he/she is eligible for Step 6, the unit member will advance to the next step in their salary range and continue to advance based on merit until the unit member reaches Step 6. Article 23: Paramedic Pay All members of Local 1354 (Captains, Engineers and Firefighters) who possess and maintain their paramedic certification shall receive a paramedic compensation allowance, which shall be equal to fifteen percent (15%) of Step 5 of the Firefighter Range. Article 24: Call Back Pay All employees in the unit who are called back to work from their off duty period shall be City of Redlands 1 RPFA MOU 2023-2026 compensated with six (6) hours minimum at straight time. This compensation shall be over and above the actual time worked. Article 25: Paramedic Certification Paramedic recertification hours shall be considered as overtime and calculated and paid as set forth in the overtime compensation agreement. Article 26: Uniform Allowance Each employee in the unit shall receive a uniform allowance of five hundred dollars ($1100.00) per year, with $550 paid in January and $550 paid in June. In addition, the City shall provide each employee in the unit with five (5) shirts upon hire and every two (2) years thereafter. Uniforms damaged in the line of duty shall be replaced as determined by the Fire Chief. Article 27: Bilingual Pay Employees are eligible for bilingual pay in accordance with the City's Bilingual Pay Program and upon approval by the Department Head and City Manager. Authorized employees shall receive additional compensation in the amount of One Hundred Dollars ($100) per month. Article 28: Deferred Compensation Contribution The City shall make an annual contribution to the 401(a) on behalf of each member in the amount of $1125 plus 2% of salary. On the first day after the last pay period in November, unit members that have a floating holiday balance of 24 hours, shall deposit the following into the 401(a) plan. Contributions will be made in the following order up to the IRS maximum allowed: 1. One hundred percent (100%) of available sick time at the end of the year available for buy-back shall be deposited. 2. One hundred percent (100%) of available floating holiday time shall be deposited. 3. Seventy-five percent (75%) of compensation time shall be deposited. 4. Sixty percent (60%) of vacation time shall be deposited. Upon service or medical retirement under the PERS retirement plan, unit members shall deposit the cash value of their vacation, floating holidays, and comp time into the 401(a) program up to the maximum allowed by law. Article 29: 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 30: Medical Insurance The City shall contribute directly to CaIPERS on behalf of each employee three hundred and ninety- seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. In addition, the City shall contribute an amount through the City's cafeteria plan that is equal to the difference between the City's PEMHCA minimum contribution and the following amounts: July 1, 2023 January 1, 2024 January 1, 2025 Employee Only $ 750 $ 775 $ 800 Employee +1 $ 1,500 $ 1,550 $ 1,600 Family $ 1,950 $ 2,025 $ 2,100 City contributions to the cafeteria plan may be used toward available cafeteria benefits, including City medical premiums, expenditures covered under Flexible Spending Accounts, and post - employment health plan (PEHP). For members of the Defined Class receiving contributions to the Retiree Medical Trust pursuant to below the City shall on a pre-tax basis deposit the cash value of the employee's available cafeteria benefits to the employee's Trust account. There shall be no cash option for available cafeteria benefits. Unit employees opting out of City medical coverage shall receive $350 per month upon written proof of additional coverage. RETIREE HEALTH For unit members who qualify as an "annuitant" under PEMHCA, the City will contribute directly to CaIPERS on behalf of each annuitant three hundred and ninety-seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. Applicable only to unit members hired prior to City Council adoption of the 2012-2015 MOU (October 16, 2012), 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 fifteen (15) years of service with the City of Redlands and who qualify as annuitants under PEMHCA, the City shall contribute to a retiree health savings account the difference between the PEMHCA minimum and the cost of medical, dental and vision insurance premiums for the employee, spouse, and eligible dependents ("lifetime health insurance.") Lifetime health insurance shall be at no cost to the retired employee and shall cover the employee and eligible dependents under a plan equal to that provided from time to time to full-time employees. Lifetime health insurance includes medical, dental, vision care as provided in the unit MOU. Unit members hired after October 16, 2012, who achieve fifteen (15) years of service and who qualify as an annuitant under PEMHCA shall be entitled to a "medical bridge" program for themselves upon retirement from the City until they become Medicare -Eligible. Under the "Medical Bridge," the City will contribute to a Retiree Medical Trust as set for the below the difference between the PEMHCA minimum and the cost of employee -only coverage for the least expensive equivalent health, vision and dental plan as provided by the City to its then existing unit members through the CaIPERS medical plan until the annuitant reaches the age of Medicare eligibility at which time the benefit will cease and annuitants will only receive the three hundred City of Redlands I RPFA MOU 2023-2026 and ninety-seven ($397) per month pursuant to Resolution No. 4572 adopted by the City council on September 5, 1989. Unit members who receive the medical bridge program can select coverage for dependents, however, the additional cost much be paid for by the annuitant and will not be paid for by the City. RETIREE MEDICAL TRUST ACKNOWLEDGEMENT. The City acknowledges that Union has entered into an agreement with the IAFF Medical Expense Reimbursement Plan of the Washington State Council of Fire Fighters Employee Benefit Trust (hereafter, the "Trust"). The purpose of the Trust shall be to provide for retiree health expense reimbursement benefits. DEFINED CLASS OF EMPLOYEES RECEIVING CONTRIBUTIONS. The "Defined Class" of employees receiving contributions to the Trust, as set forth herein, consists of all employees of the City of Redlands represented by the Union hired on or after City Council adoption of 2012-2015 MOU (October 16, 2012). Employees hired prior to October 16, 2012 shall be excluded from Trust participation. EMPLOYEE CONTRIBUTION AMOUNT. The City and the Union agree that the City shall withhold a mandatory contribution of $200.00 per month on a pre-tax basis from the pay of every employee in the Defined Class and shall transmit such contributions to the Trust pursuant to the requirements in Section F below. No employee in the Defined Class shall be permitted to opt -out of the mandatory contributions or receive any portion of the contribution in cash. EMPLOYER CONTRIBUTION AMOUNT. The City shall make a mandatory employer contribution to the Trust of $100.00 per month on a pre-tax basis for every employee in the Defined Class. No employee in the Defined Class shall be permitted to opt -out of the mandatory contributions or receive any portion of the employer contribution in cash. CONTRIBUTORY RETIREE CONTRIBUTION. For every employee in the Defined Class meeting the requirements set forth in Section 3 above, the City shall upon the employee's retirement from the City contribute the Medical Bridge benefit in accordance with the terms set forth in above to the retiree's Trust account on a pre-tax basis. No employee/retiree in the Defined Class shall be permitted to opt -out of the mandatory contributions or receive any portion of the Medical Bridge contribution in cash. MANDATORY ACCRUED VACATION LEAVE CONRIBUTION (at Separation other than retirement). For every employee in the Defined Class, the City shall, upon the employee's separation from the City, irrevocably contribute to the employee's Trust account on a pre-tax basis, an amount equal in value to 100% of the payments that would otherwise be paid to the employee for unused vacation leave under this MOU. No cash out option will be available. REMITTANCE OF CONTRIBUTIONS. The City shall remit the above contributions and/or accrued leave payments directly to the Trust for the duration of the Memorandum of Understanding. Those contributions shall be remitted per pay period, in one aggregate [ACH transfer or wire] directly to the custodian of the Trust within 30 days of the date the payment would have been payable to the employee. REPORTING TO TRUST OFFICE. The City shall electronically submit to the Trust Office a report of contributing employees for each contribution sent to the Trust, in the format requested by the Trust. The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office in regard to reporting and depositing the required contributions set forth herein. Article 31: Dental Insurance The City shall contribute the entire monthly premium for employees and eligible dependents under the Principal Financial or equivalent dental plan. Article 32: Life Insurance The City shall contribute the entire monthly premium for a life insurance policy in the amount of twenty five thousand dollars ($25,000) for all employees in the unit. Article 33: Vision Care The City agrees to contribute the entire monthly premium for members of this unit and their eligible dependents for a vision insurance plan with VSP Vision or its equivalent. Article 34: Wellness Program The City and Union agree to develop a committee to discuss and potentially implement a mutually agreed upon wellness program. Article 35: Disability Insurance The City agrees to provide State Disability Insurance (SDI) to all members of the unit. Article 36: Driver's License Physical Examinations The City shall 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 37: Modified 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 38: Minimum Staffing Levels The City shall maintain a minimum staffing level, utilizing members of Local 1354. Each engine company will be staffed by three (3) suppression personnel, each truck company will be staffed with four (4) suppression personnel and each paramedic squad will be staffed with two (2) suppression personnel. All engine companies shall have one (1) captain, one (1) engineer, and one (1) firefighter as part of their staffing. All truck companies shall have one (1) captain, two (2) engineers, and one (1) firefighter as part of their staffing. Any advanced life support (paramedic) unit shall have a minimum of two (2) paramedics. Any paramedic assessment unit (PAU) shall have City of Redlands 1 RPFA MOU 2023-2026 a minimum of one (1) paramedic. The minimum daily staffing levels shall not drop below eighteen (18) personnel excluding the Battalion Chief. If during the term of this Agreement, the City is prepared to open a fifth fire station, the parties agree to reopen the Agreement to begin meet and confer discussions regarding Article 38, Minimum Staffing, within no less than three (3) months of the scheduled opening. This reopener shall be limited to negotiating an increase in minimum staffing to staff a fifth fire station (i.e., the City shall not make any proposals to decrease or eliminate minimum staffing). The parties understand that nothing herein requires the City to increase minimum staffing. Article 39: 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 40: Union Activities Section 40.01: MEET AND CONFER A. 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. B. 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. Section 40.02: GRIEVANCE HANDLING A. 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. B. 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. Section 40.03: OFFICIAL UNION BUSINESS A. 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 Leave, such as attending training or conventions. Official Union Business Leave must be pre -approved by the Fire Chief and the City Manager. B. The City agrees to provide release time for one Union representative for up to three consecutive shifts for the attendance of I.A.F.F. and/or C.P.F. legislative conferences, I.A.F.F. and/or C.P.F. general conferences and educational seminars. Section 40.04: 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. Section 40.05: UNION MEETINGS 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 41: Retirement — Public Employees' Retirement System (PERS) A. Only as to unit members hired prior to January 1, 2013 ("Classic Members"), the City shall provide the following provisions in its contract with the PERS retirement system: 1. 3% @ 50 Retirement Formula 2. Survivor Continuance 3. Highest Single Year 4. All classic unit members, including those employed by the City prior January 1, 2013, shall individually pay the Government Code section 20678 CALPERS Local Safety Member Contribution as follows: 9% of "compensation" as defined in the Government Code. B. Public Employees Pension Reform Act (PEPRA): 1. PEPRA shall in its entirety be given full force and effect as it may from time to time exist, as described below. 2. Unit employees newly employed by the City on and after January 1, 2013 ("New Members"), shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said newly hired employee is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (Government Code section 7522.30) Unit members who are new City employees on and after January 1, 2013, shall be enrolled in the SAFETY OPTION PLAN TWO (2.7% at 57) (Government Code section 7522.25(e), with final pensionable compensation (as defined for new members in Government Code § 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code § 7522.32(a).) C. To the extent permitted by law, retirement contributions herein made by the employees shall be made on a pre-tax basis. Article 42: Defined Contribution & Contribution Plans A. The City shall make available to Association members a qualified 401a, 401 Defined Contribution, Defined Distribution plan(s) and a Retirement Health Savings Plan, as allowed by law. All programs shall be structured in accordance with State and Federal law. B. For Association members depositing the accrued buy back amounts placed into qualified plan(s), the City shall make the deposit into the appropriate account on a pre-tax basis. City of Redlands 1 RPFA MOU 2023-2026 Article 43: Death on Duty A. If an employee dies while on duty, the City shall calculate compensation for the entire shift. The eligible dependents of deceased employees shall be entitled to benefits as follows: B. Sick leave accruals, lifetime medical insurance and other applicable benefits shall be calculated and/or compensated according to the eligibility requirements stated in the current MOU. C. In the event the deceased employee qualified for a service retirement (i.e. age 50 and with a minimum of five (5) years of service with the City), the City shall calculate and/or compensate benefits in the same manner as an employee service retirement. Article 44: Vacation A. The vacation accrual for employees in the unit shall be as follows: 1. 24 Hour Shift Personnel YEARS/MONTHS OF SERVICE SHIFTS 1— 5 (0-59 mos) 5 6 — 7 (60-83 mos) 6 8 —9 (84-107 mos) 7 10 —13 (108-155 mos) 8 14 —15 (156-179 mos) 9 16 — 20 (180-239) 10.5 20 + (240+ mos) 11 2. 8 Hour Shift Personnel YEARS/MONTHS OF SERVICE HOURS 1— 5 (0-59 mos) 80 6 — 7 (60-83 mos) 120 8 — 9 (84-107 mos) 128 10 —11 (108-131 mos) 136 12 —13 (132-155 mos) 144 14 —15 (156-179 mos) 152 16 — 20 (180-239 mos) 160 21 (240-251 mos) 168 22 (252-263 mos) 176 23 (264-275 mos) 184 24 (276-287 mos) 192 25 + (288+ mos) 200 B. Effective July 1, 2023, employees may accrue a maximum of 528 hours. Once an employee accrues 528 hours, they will no longer accrue hours until their balance falls below the 528 hours cap. Employees shall be paid for unused vacation at the time of separation. C. There shall be a limit of eight (8) personnel off for vacation per shift as follows: 1. Two (2) Captains, 2. Two (2) Engineers, 3. Three (3) paramedics, and 4. One (1) firefighter. Article 45: Compensatory Time A. The City shall provide each employee in the unit with the option of receiving overtime compensation in the form of compensatory time off (CTO) or cash payment. Employees shall be authorized to accumulate no more than two hundred -forty (240) hours of CTO during any calendar year. Should there be an excess of two hundred -forty (240) hours at the end of the calendar year, all hours over two hundred -forty (240) hours shall be paid out in cash. All accumulated CTO shall be utilized within twelve (12) months of the time it is earned. B. Employees shall be authorized to utilize the accumulated CTO for any purpose. The City agrees that it is at the discretion of the employee to use compensatory time off in lieu of vacation or holiday time. Article 46: Sick Leave Section 46.01: 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. Section 46,02: BUY-BACK A. 24 Hour Shift Personnel 1. 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: No sick leave used during applicable period — buy back three (3) shifts. One (1) shift of sick leave used during applicable period — buy back two (2) shifts. Two (2) sick leave shifts used during applicable period — buy back one (1) shift. Three (3) or more shifts of sick leave used during applicable period — no buy back entitlement. 2. Unit employees with more than one thousand one hundred (1100) hours of sick leave accrual may buy back up to six (6) shifts of sick leave accrual each year, based on the following schedule: No sick leave used during applicable period — buy back six (6) shifts. One (1) shift of sick leave used during applicable period — buy back five (5) shifts. Two (2) sick leave shifts used during applicable period — buy back four (4) shifts. Three (3) sick leave shifts used during applicable period — buy back three (3) shifts. Four (4) sick leave shifts used during applicable period — buy back two (2) shifts. Five (5) sick leave shifts used during applicable period — buy back one (1) shift. Six (6) sick leave shifts used during applicable period — no buy back entitlement. 3. The election to sell leave shall be made no later than December 15 of the year prior to payment. Payment will be made in November of the following year. Elections made are irrevocable and may not be changed once submitted. A unit member must meet the hour requirements for the buyback elected at time of payment. If they do not meet the required hours at the time of payment they will revert to the maximum buyback for which they qualify. B. 40 Hour Week Personnel 1. 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 City of Redlands I RPFA MOU 2023-2026 preceding calendar year, in excess of six (6) sick leave days, to be paid in November of the following year. A total of one (1) year's accumulation must be on the books prior to any compensation being paid. This election is irrevocable and may not be changed once the election is made. Unit members may also choose to accumulate all sick leave days from year to year to an unlimited amount. Section 46.03: ACCRUAL PAYMENT UPON RETIREMENT A. 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 Tess than fifteen (15) years service with the City may elect one (1) of the following options for payment of unused sick leave: 1. Convert all remaining sick leave accrued at the time of retirement to cash value at the final rate of pay and deposit in the Post Employment Health Plan (PEHP) where it can be used for applicable premiums payable under the City's medical insurance program for the employee and eligible dependents. 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 PEHP. 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 to a maximum of 100%. 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. B. Upon service or medical 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 fifteen (15) years service with the City, shall be provided lifetime health insurance or the Medical Bridge in accordance with Article 31, Section D. 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 47: Holiday Schedule and Holiday Carryover Prohibition A. Twenty-four (24) hour shift personnel in the unit shall be compensated with fourteen (14) 12-hour holidays per year and two (2) 12-hour floating holidays per year. Effective January 1, 1997, compensation shall be based on 6.46 hours for 26 pay periods. Floating holidays not used by December 315t of each year will be paid off the following January. B. Within the first week of December, represented shift personnel shall have the option of submitting to the Finance Department a declaration of intent to convert their 168 hours of holiday pay to one hundred sixty eight (168) hours of compensatory time off for the ensuing calendar year. C. Non -shift personnel shall receive the same holidays granted to other employees as established by Council Resolution. D. 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. E. Holidays shall be paid at the rate of pay applicable to the shift to which the employee is regularly assigned and shall include supplemental pay (Paramedic Pay, Educational Incentive, Certification Pay) which may apply to the specific firefighter. The city will report to CalPERS the Holiday Cash out amounts. This amount is derived from an employee's left over holiday cash out amount and paid at regular rate, which includes base payrate, paramedic pay, and educational incentive pay. The city will report the holiday cash out on an annual basis to CaIPERS in January of each year. Article 48: Bereavement Leave In the case of death in the immediate family, shift personnel will be compensated with forty eight (48) 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, registered domestic partner or spouse of the employee: spouse, child (including a foster child or ward of the court), parent, grandparent, grandchildren, brother and sister. Article 49: 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 50: 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 51: Article 52: Zipper Clause The parties agree that all negotiable items have been discussed during negotiations leading to this MOU, including salaries and benefits, and conditions of employment and therefore further agree that negotiations will not be reopened on any item during the life of this MOU except my mutual agreement or as provided elsewhere in this MOU. Article 52: Signatures CITY OF REDLANDS 75.23 r a ,./ /,/, Eddie Tejeda, May r Date Attest: L1,44.4.--t La2J�G/ nne Donaldson, Date 7-5-23 City Clerk REDLANDS PROFESSIONAL FIREFIGHTERS ASSOCIATION LOCAL No. 1354 I.A.F.F. /)3%Za Brent uller, r sident Date Dus I hit ke Vice President D to City of Redlands 1 RPFA MOU 2023-2026