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HomeMy WebLinkAbout2010-2011 Fire MOUMEMORANDUM OF UNDERSTANDING BETWEEN THE ATASCADERO FIREFIGHTERS BARGAINING UNIT AND CITY OF ATASCADERO JULY 1 2010 TO JUNE 30 2011 Firefighters MOU 20102011 Yage 11 MEMORANDUM OF UNDERSTANDING ATASCADERO FIREFIGHTERS BARGAINING UNIT AND CITY OF ATASCADERO JULY 1 2010 THROUGH JUNE 30 2011 TABLE OF CONTENTS ARTICLE I GENERAL PROVISIONS 1 SECTION 1 1 PREAMBLE 1 SECTION 12 RECOGNITION 1 SECTION 13 SEVERANCE 2 SECTION 1 4 SOLE AGREEMENT 2 SECTION 15 FULL FORCE AND EFFECT 2 ARTICLE II RESPECTIVE RIGHTS 2 SECTION 21 ASSOCIATION RIGHTS 2 SECTION 22 CITY RIGHTS 3 SECTION 7 1 TERM 3 ARTICLE IV HOURS OF WORK AND OVERTIME 3 SECTION 41 HOURS OF WORK 3 SECTION 42 OVERTIME 4 SECTION 43 CALLBACK PAY 4 SECTION 44 COURT TIMESTANDBY TIME 4 ARTICLE V PAY PROVISIONS 5 SECTION 54 RETIREMENT 6 SECTION 55 SICK LEAVESTAYWELL PLAN 6 SECTION 56 VACATION LEAVE 6 SECTION 57 HOLIDAYS SECTION 58 BEREAVEMENT LEAVE SECTION 59 MILITARY LEAVE ARTICLE VI HEALTH AND WELFARE 7 SECTION 61 MEDICAL AND DENTAL INSURANCE COVERAGE 7 SECTION 63 PROBATION 9 ARTICLE VII CLOSING PROVISIONS 10 SECTION 72 SIGNATURES 10 Firefighters MOU 20102011 Page 12 ARTICLE I GENERAL PROVISIONS SECTION 1 1 PREAMBLE This Memorandum ofUnderstanding is made and entered into between the City ofAtascadero hereinafter referred to as the City and the Atascadero Firefighters Bargaining Umt hereinafter referred to as the Association pursuant to California Government Code Section 3500 et seq and the Citys Employer Employee Relations Policy The purpose of this Memorandum of Understanding MOU is the establishment of wages hours and other terms and conditions of employment The City and Association agree that the provisions ofthis MOU shall be applied equally to all employees covered herein without favor or discrimination because of race creed color sex age national origin political orreligious affiliations or associarion memberships Whenever the masculine gender is used in this MOU it shall be understood to include the feminine gender SECTION 12 RECOGNITION a The City of Atascadero recognizes the Association as the recognized and exclusive representative for the following positions Firefighter Classification Firefighter FirefighterParamedic FirefighterHazMat Specialist FirefighterParamedicHazMatSpecialist Fire Engineer Classification Fire Engineer Fire EngineerParamedic Fire EngineerHazMat Specialist Fire EngineerParamedicHazMat Specialist Fire Captain Classification Fire Captain Fire CaptainParamedic Fire CaptainHazMat Specialist Fire CaptainParamedicHazMat Specialist Fire Marshal Classification Fire MarshalCode Compliance Officer For purposes of this MOU positions with a Paramedic andorHazMat Specialist designation are hereinafter included in any reference to Firefighter Fire Engineer and Fire Captain b This recognition is exclusive of management employees and temporary employees c The City agrees to meet and confer and otherwise deal exclusively withthe Association on all matters relating to the scope of representation under the MeyersMiliasBrown Act Government Code Section 3500 et seq and as provided under the Citys Employer Employee Relations Policy Firefighters MOU 20102011 Page 1 SECTION 13 SEVERANCE a If any provision ofthe Agreement should be found invalid unconstitutional unlawful orunenforceable by reason of any existing or subsequently enacted constitutional or legislative provision shall be severed and all other provisions of the Agreement shall remain in full force and effect for the duration of the Agreement b In the event that any provision of the MOU should be found invalid unconstitutional unlawful orunenforceable the City and the Association agree to meet and confer in a timely manner in an attempt to negotiate a substitute provision Such negotiations shall apply only to the severed provision of the Agreement and shall not in any way modify or impact the remaining provisions of the existing MOU SECTION 1 4 SOLE AGREEMENT a The City and the Association agree that to the extent that any provision addressing wages hours and terms and conditions of employment negotiable under the MeyersMiliasBrown Act found outside this MOU and are in conflict thereof this MOU shall prevail b If during the term of the MOU the parties should mutually agree to modify amend or alter the provisions ofthis MOU in any respect any such change shall be effective only fand when reduced to writing and executed by the authorized representatives ofthe City and the Association Any such changes validly made shall become part ofthis MOU and subject to its terms SECTION 15 FULL FORCE AND EFFECT a All wages hours and terms and conditions of employment that are negotiable subjects of bargaining under the MeyersMiliasBrownAct including those set in this MOU shall remain in full force and effect during the term of this MOU unless changed by mutual agreement b The City will abide by the MeyersMiliasBrownAct where and when it applies to the Association ARTICLE II RESPECTIVE RIGHTS SECTION 21 ASSOCIATION RIGHTS The Association shall have the following rights and responsibilities a Reasonable advance notice of any City ordinance rule resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council b Reasonable use of one bulletin board at all Fire Department stations c The right to payroll deductions made for payments or organization dues and for City approved programs d The use of City facilities for regular normal and lawful Association activities providing that approval of the City Manager or hisherdesignee has been obtained e Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the organization concerning business within the scope of representation Access shall be restricted so as not to interfere with the normal operations of any department or with established safety or security requirements Firefighters MOU 20102011 Page 2 SECTION 22 CITY RIGHTS a The authority of the City includes but is not limited to the exclusive right to determine the standards of service determine the procedures and standards of selection for employment and promotion direct rts employees take disciplinary action for just cause relieve its employees from duty because of lack of work or for other legitimate reason maintain the efficiency of governmental operations determine the methods staffing and personnel by which governmental operations are to be conducted determine the content ofjob classifications take all necessary actions to carry out its mission in emergencies exercise complete control and discretion over its organizations and the technology of performing its work provided however that the exercise and retention of such rights does not preclude employees ortheir representatives from consulting or raising grievances overthe consequences or impact that decisions on these matters may have on wage hours and other terms of employment SECTION 23 PEACEFUL PERFORMANCE a The parties to this MOU recognize and acknowledge that the services performed by the City employees covered by this Agreement are essential to the public health safety and general welfare of the residents of the City of Atascadero Associationagrees that under nocircumstances will the Association recommend encourage cause or promote its members to initiate participate in norwill any member of the bargaining unit take part m any strike sit down stayin sickout slowdown or picketing hereinafter collectively referred to as workstoppagein any office or department of the City nor to curtail any work or restrict any production or interfere with any operation of the City In the event of any such work stoppage by any member of the bargaining unit the City shall not be required to negotiate on the merits of any dispute which may have risen to such work stoppage until said work stoppage has ceased b In the event of any work stoppage during the term of this MOU whether by the Association or by any member of the bargaining unit the Association by its officers shall immediately declare in writing and publicize that such work stoppage is illegal and unauthorized and further direct its members in writing to cease the said conduct and resume work Copies of such written notices shall be served upon the City If in the event of any work stoppage the Association promptly and in good faith performs the obligations ofthis paragraph and providing the Association has not otherwise authorized permitted or encouraged such work stoppage the Association shall not be liable for any damages caused by the violation of this provision However the City shall have the right to discipline up to and including discharge any employee who instigates participates in or gives leadership to any workstoppage activity herein prohibited and the City shall also have the right to seek full legal redress including damages against any such employees ARTICLE III HOURS OF WORK AND OVERTIME SECTION 31 HOURS OF WORK a Work Period The normal work period pursuant to Section 207 k of the Fair Labor Standards Act shall be twentyeight 28 days for all fulltimepermanent sworn safety positions with the exception of the Fire MarshalCode Enforcement Officer All hours worked in excess of the employee s regularly recurring work schedule shall be paid at the overtime rate of one and onehalfof the employee s regular rate of pay The normal work period for the Fire MarshalCode Enforcement Officer shall be seven 7 days with a maximum nonovertime of forty 40 hours Firefighters MOU 20102011 Page 3 b Definition of Shift Employees Shift employees excluding administrative assignments are assigned to positions which duties are performed on a twentyfour24 hour day seven 7 days a week basis and include Firefighter Fire Engineer Fire Captain SECTION 32 OVERTIME a Rate Employees shall be paid overtime at the rate of time and onehalfhisherregular rate of pay b Hours Paid Paid time offshall be considered time worked for overtime purposes c Compensatory Time CT Notwithstanding the provisions of this section employees maybe granted CT for overtime credit computed at time and onehalfat the mutual convenience of the Fire Department and the employee Employees may accumulate up to six 6 shifts 144 hours of Compensatory Time d Scheduling Compensatory Time Off CT Requests to use CT shall be granted with due regard for operational necessity such as staffing levels e Compensatory Time CT Payoff CT maybe paid offat the option of the employee The payoff shall be included in the next regularly scheduled bi weeklvpayroll period following the request SECTION 33 CALLBACK PAY Employees who are called to duty at a time they arenot working shall be compensated a minimum compensation of two 2 hours at time and onehalfrate of pay SECTION 34 STANDBY TIME a Employees assigned standby duty shall receive twenty five dollars 25 00 for each day of standby duty A day is defined as a 24hourperiod b Employees responding to work from standby shall receive time and onehalfpay with a minimum of one hour and twenty minutes once called back Employees responding to workas a result of an emergency callback request shall receive time and onehalfpay with a minimum of two hours pay c Employees on standby status shall monitor both radio and alpha numeric pages at all times and be able to respond to the predetermined duty assignment within twenty minutes from the time of notification Firefighters MOU 20102011 Page 4 ARTICLE IV PAY PROVISIONS SECTION 41 SALARY The following monthly salaries become effective July 1 2010 CLASSIFICATION STEP A STEP B STEF C STEP D STEP E Firefi hter 462894 486039 510341 535858 562650 Firefi hterHaz Mat S ecialist 472152 495760 520548 546575 573904 Firefi hterParamedic 509183 534642 561374 589443 6189 15 Firefi hterParamedicHazMat S ecialist 518441 5443 63 571581 6001 60 630168 Fire En ineer 497894 5227 88 548928 576374 605193 Fire En ineer Haz Mat S ecialist 507852 533245 559907 587903 617298 Fire En ineerParamedic 547683 575067 603821 634012 665712 Fire EngineerParamedicHazMat S ecialist 557641 585523 614799 645539 677817 Fire MarshalCode Enforcement Officer 590784 620322 651337 683904 718099 Fire Ca tain 590784 620322 651337 683904 718099 Fire Ca tain Haz Mat S ecialist 6025 98 632728 6643 65 697583 7324 63 Fire Ca tainParamedic 649861 682353 716472 752295 7899 10 Fire Ca tainParamedicHazMat S ecialist 661676 6947 60 729498 7659 73 804272 a Steps B C D and E may be paid upon completion of twelve months ofemployment at the preceding step where theemployeehasdemonstratedatleastsatisfactoryjobprogressandnormallyincreasingproductivityanduponrecommendationoftheDepartmentHeadandapprovaloftheCityManager b Employees who are trained qualified and assigned by the Fire Chief to EMTParamedic duties shall receive ten percent 10more in base salary than those positions within the same classification without paramedic duties c Employees who serve on the San Luis Obispo County Hazardous Incident Response Team SLOHIRT shall receive two percent 2 more in base salary than those positions within the same classification which do not serve onSLOHIRT d The Association and the City recognize that the Memorandums ofUnderstanding in the years since 1998 have been incremental steps in correcting salary inequities between Atascadero employees and the comparisons within San Luis Obispo County It is further recognized that the salary schedule is a continuing attempt to bring Atascadero salaries to the mean with the surveyed cities following the initial inequity adjustment and may be subject to change infuture negotiations Firefighters MOU 20102011 Page 5 SECTION 42 EDUCATION INCENTIVE PAY Employees shall be reimbursed up to 1600 per fiscal year for books tuition and related educational expenses for attending college or other professional training providing the coursework is jobrelated and the employee received a passing grade SECTION 43 RETIREMENT a Employees will be provided retirement benefits through the California Public Employees Retirement System CaIPERS Firefighters Fire Engineers Fire MarshaUCode Enforcement Officer and Fire Captains will be provided benefits pursuant to the 3 @ 50 Full formula Section 213622 of the Government Code for Sworn Safety Members as defined by Ca1PERS and the City will pay the employee contribution of nine percent 9 b The CaIPERS retirement for Sworn Safety Members as defined by Ca1PERS includes Level Four 4 ofthe 1959 Survivors Benefit The employees shall pay the monthly cost of the benefit c The City shall implement the Military Service Credit Section 209303 of the Government Code provided there is no direct cost to the City The City shall provide Credit for Unused Sick Leave Section 20965 and One Year Final Compensation Section 20042 benefits d Employees have expressed a desire to receive the PERS benefit Converting EPMC to Salary in the Final Compensation Period as allowed under Government Code Section 20962 It is agreed to implement this benefit if it can be done at no cost to City City will work with PERS to determine costs and limitations and bring its findings back to the Association prior to January 1 2008 for further action SECTION 44 SICK LEAVESTAY WELL PLAN a Unit members shall earn and use sick leave subject to the provisions of the City of Atascadero Rules and Regulations It is agreed that nothing herein shall be construed as providing any vested right monetary or otherwiseto any unused sick leave existing at time of discharge or voluntary separation from City service except at time of retirement in accordance with the Citys Public Employees Retirement System contract b Sick leave accumulates at a rate of 554 hours per pay period There is no limit to the accumulation c Employees with 576 16 or more hours of accumulated sick leave shall be eligible for the Stay Well Bonus The Stay Well Bonus will be implemented as follows 1 The sick leave payoffwill occur during fiftytwo 52 week period beginning the first day after the second pay period in October and ending on the last day ofthe second pay period in October of the following year after an employee has accumulated and maintained 576 16 hours of sick leave 2 Once the eligibility requirements have been met an employee may opt to receive apayoffequal to onethird 13 of the unused annual allotment of sick leave The annual allotment is 144 04 hours 3 Checks will be prepared by December 15 of each year SECTION 45 VACATION LEAVE Firefighters MOU 20102011 Page 6 a Employees shall be entitled to vacation leave consistent with the City Personnel Rules and Regulations b It is agreed and understood that the taking ofvacation shall be as scheduled by the Fire Chief subject to the needs of the City SECTION 46 HOLIDAYS a Employees shall receive five and 6105 6 shifts annually or 5 17hours biweekly Said holidays shall be credited in accordance with procedures established by the Personnel Officer b Holiday time maybe used as either paid time offor paid m cash at the option of the employee withthe approval of the Fire Chief SECTION 47 BEREAVEMENT LEAVE Employees shall be granted bereavement leave pursuant to the City Personnel Rules and Regulations inthe event ofdeath ofhisherspouse significant other child stepchild parent grandparent grandchild soninlawdaughterinlaw mother inlaw fatherinlawbrother sister brotherinlawand sistermlaw SECTION 48 MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State and Federal law All employees entitled to military leave shall give the appointing power an opportunity within the limits of military regulations to determine when such leave shall be taken SECTION 49 COMMON MESS ARRANGMENT Unit employees under a common mess arrangement agree to contribute to congregate meals at the station house in the amount required to cover the cost of those meals irrespective of whether the employee chooses to eat the meal SECTION 410 BILINGUAL PAY The City shall pay an additiona125of salary to those employees who are able to speak one ofthe top two nonEnglish languages as defined by the US Census A testing mechanism mutually agreed to by both parties will be created to assess language abilities before qualifying for the incentive ARTICLE V HEALTH AND WELFARE SECTION 51 HEALTH INSURANCE COVERAGE a For unit members who elect to have Family coverage the City shall pay a total of 113150per month toward the cost of all medical dental vision and life insurance benefit premiums for the unit member employee and dependents for the term of this agreement City shall pay for increased costs to medical dental vision and life insurance premiums for the employee and fifty percent 50of increased costs for dependents based upon HMO plan costs b For unit members who elect to have Employee 1 coverage the City shall pay a an amount not to exceed 1035 80 permonth toward the cost of all medical dental vision and life insurance benefit premiums for the unit member employee and dependent for the term of this agreement City shall pay for increased costs to medical dental vision and life insurance premiums for the employee and fifty percent 50 of increased costs for the Firefighters MOU 20102011 Page 7 dependent based upon HMO plan costs Available funds remaining from the Citys contribution toward insurance coverage shall be paid to an employee hired on or before September 1 2000 as additional compensation c For unit members who elect to have Employee Only coverage the City shall pay an amountnot to exceed 859 14 per month toward the cost of all medical dental vision and life insurance benefit premiums for the unit member employee for the term of this agreement City shall pay for increased costs to medical dental vision and life insurance premiums for the employee based upon HMO plan costs Available funds remaining from the Citys contribution toward insurance coverage shall be paid to an employee hired on or before September 1 2000 as additional compensation d The City shall provide term life insurance coverage for each employee in a total amount of fifteen thousand dollars 15000during the term of this agreement e The City shall provide a term life insurance policy for each eligible dependent enrolled in health coverage in a total amount of one thousand dollars 1 000 perdependent during the term of this agreement The Medical Insurance Committee shall be comprised of one representative from each of the bargaining units as designated by the bargaining unit and one from the City The Committee shall regularly review the health plan and study health insurance issues including but not limited to Health Maintenance Organizations HMO s cost containment etc and make recommendations to the City Manager g The City shall make available to employees covered by this MOU a Flexible Benefit Plan in compliance with applicable Internal Revenue Code provisions The plan will enable an employee to on a voluntary basis cover additional out of pocket premium expenses for insurance through pretax payroll dollars SECTION 52 UNIFORM ALLOWANCE The purpose of the uniform allowance is for the purchase replacement maintenance and cleaning of uniform clothing including tshirtsand hats a The City shall provide an annual uniform allowance of eight hundred fifty dollars 850 for each Association employee b The City will make an up front lumpsum payment of the current fiscal years uniform allowance no later than the second pay day m July c Upon initial hire the employee will receive a prorated amount based upon the number of days remaining until July 1 The City would at the same time advance the new employee an amount that when added to his initial uniform allowance would equal 850 The amount advanced upon hire would then be deducted from the employee s first full uniform allowance check received the following July Example If an employee worked six months in the first fiscal year heshewould receive 850 in that first year and 425 in the second fiscal year All subsequent years the employee would receive the full 850 until separation from the City d When an employee separates from the City the uniform allowance will be prorated based upon the number of days employed in the then current fiscal year and any amounts owed to the City will be deducted from hisherfinal check Firefighters MOU 20102011 Page 8 SECTION 53 PROBATION The probationary period for newly hired Firefighters or Fire Engineers shall be eighteen months The probationary period for employees promoted to Fire Engineer or Fire Captain shall be twelve months SECTION 54 PROMOTIONAL OPPORTUNITIES Upon completion of the probationary period qualified employees in the classification of Firefighter will be provided an opportunity to be examined and promoted to the classification ofFire Engineer provided there is a vacancy There shall be a maximum often 10 Fire Engineer positions funded ARTICLE VI OTHER SECTION 61 PHYSICAL FITNESS The parties agree to establish a committee consisting ofan equal number of representatives from the City and the Association for the purpose ofdeveloping a physical fitness program that will be implemented inthe Fire Department for all employees in the ui1rt The committee will meet as needed to develop recommendations for the Fire Chief The physical fitness program will include the following elements 1 Mandatory participation 2 Established standards and 3Cityprovidedphysicals SECTION 62 HEALTH AND WELLNESS EXAMS The City shall add to the Fire Department budget three hundred fifty dollars 350 perfulltime employee for health and wellness exams according to the following schedule Annually for Fire Department safety personnel aged 40 and over Every other year for Fire Department safety personnel aged 3039 Every three years for Fire Department safety personnel aged 2029 The total amount budgeted will be coordinated in cooperation with the City This amount will be paid directly to the health care professional or medical group and not to the employee SECTION 63 CELL PHONE REIMBURSEMENT City agrees to reimburse each fulltimeemployee a flat rate of nine dollars 9 00 permonth for the use oftheir personal cell phone for City business This amount will be paid once per year in a lump sum amount Where applicable the months will be prorated Firefighters MOU 20102011 Page 9 ARTICLE VII CLOSING PROVISIONS SECTION 7 1 TERM The term of this MOU shall commence on July 1 2010 and expire on June 30 2011 SECTION 72 SIGNATURES This U has been ra red and adopted pursuant to the recommendation of the following representatives Ass iation Date Association Date CITY OF ATASCADEIftO 6 ltz Mayor Date City Manager Date Firefighters MOU 20102011 Page 10