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HomeMy WebLinkAboutReso 1990-341 - Approving the provisions of the memorandum of understanding between the city of redding and the international association 111 All . RESOLUTION NO. ?C2 -30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDDING APPROVING THE PROVISIONS OF THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF REDDING AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS , LOCAL UNION 1934 , EFFECTIVE JUNE 24 , 1990 . WHEREAS , the International Association of Fire Fighters, Local Union 1934 , has been formally recognized as the majority representative of an appropriate unit of employees , as set forth in Section 2 . 1 of Article 2 of the attached Memorandum of Under- , standing; and WHEREAS , the designated representatives of. the City of Redding have conferred with and entered into a Memorandum of Understanding with the designated representatives of the Inter- national Association of Fire Fighters, Local Union 1934 , as required by the provisions of the Meyers-Milias-Brown Act of 1968 ; and WHEREAS , a copy of the Memorandum of Understanding is attached hereto and incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Redding that the aforesaid Memorandum of Understanding is hereby approved and shall become effective June 24 , 1990 . I HEREBY CERTIFY that the foregoing Resolution was introduced and read at a regular meeting of the City Council of • the City of Reddingon the 3rd day of July, 1990 , and was duly adopted at said meeting by the following vote: AYES : COUNCIL MEMBERS : Arness, Dahl , 'Ful ton, Moss, Buffum NOES : COUNCIL MEMBERS : None ABSENT: COUNCIL MEMBERS : None ABSTAIN: COUNCIL MEMBERS : None / / IAN ' :UFFUM /ayor Ci of Redding ATTEST: 0 ETHEL A. NICHOLS , City Clerk FORM jPROVED: RAN ALL A. HAYS , "ity Attorney —2— III a MEMORANDUM OF UNDERSTANDING 1Between THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING 1 , and THE DESIGNATED REPRESENTATIVES OF LOCAL UNION 1934 of INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS AFL-CIO EFFECTIVE: July 1 , 1974 (Insofar as legally possible ) AMENDED: December 31 , 1974 , to be effective December 29 , 1974 AMENDED: January 27 , 1975 , to be effective February 9 , 1975 j , AMENDED: May 29 , 1975 , to be effective June 29 , 1975 AMENDED: September 18 , 1978 , to be effective September 17 , 1978 AMENDED: July 29 , 1982 , to be effective July 18, 1982 AMENDED: June 24 , 1983 , to be effective July 3 , 1983 AMENDED: October 15 , 1984 to be effective October 7 , 1984 AMENDED: February 2 , 1988 to be effective January 24 , 1988 AMENDED: � , 1990 to be effective June 24 , 1990 r C III • \ 1 TABLE OF CONTENTS H Article Page � 1 Preamble 1 ' 2 Recognition 3 I ' 1 3 Union Security 3 1 4 Grievance Procedure 4 1 5 Safety 6 J6 Disability and Unemployment 6 lir 7 Employee Status 7 11 8 Wages and Classifications 7 11 9 Hours and Overtime 9 i 10 Seniority 11 11 Promotion and Transfer 11 !, 12 Demotion and Layoff 12 13 Leave of Absence 12 14 Expenses 13 15 Sick Leave 14 16 Funeral Leave 15 17 Holidays 15 II 18 Vacations 16 19 Uniforms 19 20 Miscellaneous 20 21 Employee Benefit Programs 21 22 Entire Agreement 22 23 Term 23 NOTE Additions , mendment , changes to this Memorandum of Understanding , effective _, &-4 , 1990, or thereafter , are underlined , deleted language i lined out . III MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 26th day of June , 1974 , by and between the designated represen- tatives of the CITY OF REDDING (a public agency as defined in Sec- tion 3501 (c) of Chapter 10 of Division 4 of Title 1 of the Govern- ment Code of the State of California) , hereinafter referred to as the City , and the designated representatives of LOCAL UNION 1934 of INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, affiliated with the 11 American Federation of Labor - Congress of Industrial Organizations (a recognized employee organization as defined in Section 3501 (b) of Chapter 10 of Division 4 of Title 1 of the Government Code of the State of California ) , hereinafter referred to as Union, WITNESSETH that : WHEREAS , the parties hereto desire to facilitate the peaceful adjustment of differences that may from time to time arise between them, to promote harmony and efficiency to the end that the City , Union and the general public may benefit therefrom, and to establish fair and equitable wages, hours and working conditions for certain hereinafter designated employees of the City , NOW , THEREFORE, the parties hereto do agree as follows : ARTICLE 1 Preamble 1 . 1 The parties acknowledge the provisions of Chapter 10 (Sections 3500 , et seq . ) of Division 4 of Title 1 of the Government Code of the State of California . 1 . 2 It is the policy of the City and Union not to, and neither party will interfere with , intimidate , restrain, coerce or discrimi- nate against any employee because of race , creed , sex , color or national origin . 1 . 3 The City is engaged in rendering services to the public , and the City and Union recognize their mutual obligation for the continuous rendition and availability of such services . For pur- poses of the foregoing , the City will provide pagers to all employ- ees who will keep them in their possession during off-duty hours and while within a reasonable response distance . 1 . 4 The duties performed by employees of City as part of their employment pertain to and are essential to the operation of a munic- ipality and the welfare of the public dependent thereon . Overtime work is an established condition of employment . During the term of this Memorandum of Understanding employees shall not partially or totally abstain from the performance of their duties for City. Union shall not call upon or authorize employees individually or 1 collectively to engage in such activities and shall make a reason- able effort under the circumstances to dissuade employees from engaging in such activities and City shall not cause any lockout . Those employees who do individually or collectively partially or totally abstain from the performance of their duties for City or unreasonably or arbitrarily refuse or fail to respond to overtime work requirements shall be subject to disciplinary action up to and including discharge from employment. 1 . 5 City employees shall perform loyal and efficient work and service , and shall use their influence and best efforts to protect the properties of City and its service to the public , and shall li cooperate in promoting and advancing the welfare of City and in pre- serving the continuity of its service to the public at all times . 1 . 6 City and Union shall cooperate in promoting harmony and efficiency among City employees . 1 . 7 Notwithstanding anything to the contrary, the Union recog- nizes and accepts the right of City of Redding management to manage the City . This recognition includes acceptance of the fact that the management rights listed below are not subject to the grievance pro- cedure except , however , grievances may be filed upon interpretations of the provisions of this Memorandum of Understanding other than those set forth in this paragraph. It is agreed by the parties to this Memorandum that management rights include, by way of illus- tration and not by way of limitation , the following : (a ) The full and exclusive control of the management of the City . (b) The supervision of all operations , methods , processes and means of per- forging any and all work, the control of the property and the compo- sition , assignment , direction and determination of the size of its worming forces . (c ) The right to determine the work to be done by employees . (d ) The right to change or introduce new or improved operations , methods , means or facilities . (e ) The right to hire , schedule , promote , demote , transfer , release and lay off employees , and the right to suspend , discipline and discharge employees and otherwise to maintain an orderly, effective and efficient operation , provided , however , that all of the foregoing shall be subject to the express and explicit terms and provisions of this Memorandum of Understanding . 1 . 8 The parties have met and conferred in good faith and have reached agreement on procedures set forth in this Memorandum of Understanding for resolution of disputes between the parties . The parties agree that they will follow those procedures as set forth in this Memorandum of Understanding or the bargaining process required by the Meyers-Milias-Brown Act. The Union agrees , and will make every effort to persuade its members , to also use those established procedures , rather than to use any other method or forum such as appeals directly to the news media or the City Council for resolu- tion of problems or disputes between the parties prior to the com- pletion of the grievance procedure through arbitration or the bar- ' gaining process through mediation . 2 • • ARTICLE 2 Recognition 2 . 1 The City recognizes the Union as the "Majority Representa- tive " of all employees of the City Fire Department who hold a clas- sification listed on Exhibit "A" of this Memorandum of Under- standing . The provisions of the Memorandum of Understanding here- inafter set forth shall apply only to those employees of the City of Redding for whom Local Union 19314 of International Association of Fire Fighters , AFL-CIO, is the established majority representative . 2 . 2 Official representatives of Union will be permitted access to City property to confer with City employees on matters of employer-employee relations , but such representatives shall not interfere with work in progress without agreement of Management . 2. 3 The City will provide the Union adequate bulletin board space for the purpose of posting thereon matters relating to offi- cial Union business . 2 . 4 The City and the Union will not interfere with , intimi- date , restrain , coerce or discriminate against any employee because of his membership or non-membership in Union or his activity on behalf of the Union . 2 . 5 Any employee , at his request , shall be permitted represen- tation by a Union representative . The foregoing shall apply to hearings , reprimands and disciplinary actions , providing there is no unreasonable delay in obtaining representation . ��6----de�c�t-�ie�er3-A9apagemest-�ee�3a$e-e�a��-��e-l�-�s-o���r-ae agpeed-aped-..y--UoE1-mrd- --T- pyo.&-e -tese-aeeb4iigs s af-tae-te-ppemete-hapmeRy-asd-e€€ eeaey-and-te-imppeve-eemmt3r3 ea- H toe=s-4Re4weei;- 34y�'es- -a 1--leyeis-ofjai k^---;`-e-meet4ag agesa-shaII-te-detePle Red-ty-these- n-attesiiaAee-ar44-tl3epe-shall-tae ne-pastF4etieRs-oe- -541411 t--mia erL�-p-no-N.=4 84-r-t e-meet4Rgs-shall nwe-swt38t4tate-€ep-nepmal-gp evaeee-ppeeethipes-ep-€ep-€epmal-Reget4- ati.ens- e4weea--t.he--pasr---T -i-r�-atteadariee- a3�--o4o.r}e-i-$ --e€ tt3e-dr3ter31s-Neget4at€rag-Gemmitteer-the-Gt}ls-Pipe-Ghie€T-the-G tyle P€peatep-a€--La.bo-r-- i-o-r,a-a1r4-st4at3-o41=1e-P- -pejor 1--as deteps Re4-49 - -Di aot o41--e -imat3ep-Pe-la .4ofla,--4 -feet; rigs-shall th3 s-Beetles-s a44- ,--t ee`tT�-rigs-at3•a1-1--be-self-epgaRi.s- iRgT ARTICLE 3 Union Security 3 . 1 The City shall deduct from their wages the regular member- ship dues of employees who are members of the Union and who individ- ually and voluntarily authorize such deductions in writing in accor- dance with the provisions of Section 1157 . 3 of the Government Code of the State of California. 3 • • 111 3. 2 Deductions shall be made from the first payroll period of each month and a check for the total deductions shall be submitted to the Financial Secretary of Local Union 1934 , I .A .F.F. , P . 0. Box 111E , Redding , California 96099 , within five (5) working days of the date the dues are withheld from the employee 's check. 3. 3 The form of check-off authorization shall be approved by both the City and the Union . 3 . 4 The City shall provide all new employees with Union mem- ' bership application forms, payroll deduction authorization forms and ii a copy of this Memorandum of Understanding on or about the first day of employment . Such materials will be furnished to the City by the Union . ARTICLE 4 Grievance Procedure e . 1 Any grievance , which may arise between Union , or any of its members , and the City, with respect to the interpretation or application of any of the terms of this Memorandum of Understanding , or with respect to such matters as the alleged discriminatory or arbitrary discharge , demotion or discipline of an individual regular employee , shall be determined by the provisions of this article , except that such matters as are included in the definition of impasse as set forth in Resolution No . 4217 are not a grievance . 4 . 2 Step One : The initial step in the adjustment of a grievance shall be a discussion between the grievant or his representative and the Battalion Chief - Shift Commander immed ate ! ' gwpepv sep directly involved , who will answer within ten ( 10) days . This step shall be started within thirty ( 30) days of the date of the action complained of , or the date the grievant became aware of the incident which is the basis for the grievance . This step may be taken during the working hours of the grievant or his representative . This step may be supplemented by written presentations as well as the oral discussion required above . 4 . 3 Step Two : If a grievance is not resolved in the initial step , the second step shall be a discussion between the Labor Repre- sentative or his designated representative and the Fire Chief, who shall answer within ten ( 10 ) days . This step shall be taken within ten ( 10) days of the date of the Supervisor 's answer in Step One . 4 . 4 Step Three : If a grievance is not resolved in the second step , the third step shall be a discussion between the Labor Rep- resentative or his designated representative and the Director of Personnel Services Isabep-Relat ens , who shall answer within ten ( 10) days . This step shall be taken within ten ( 10) days of the Fire Chief's answer in Step Two. 4 . 5 Step Four : If a grievance is not resolved in the third step, the fourth step shall be the presentation of the grievance, in writing, by the Labor Representative or his designated representa- tive to the City Manager , who shall answer, in writing , within ten 4 411 , ( 1C ) days . The fourth step shall be taken within ten ( 10) days of the date of the answer in Step Three. 4 . 6(a ) Step Five : If a grievance is not resolved in the fourth step , the fifth step shall be referral by either the City, or the Union , to arbitration . The fifth step shall be taken within twenty (20) days of the date of the answer in Step Four. 4 . 6(b) An arbitrator shall be appointed on each occasion that a grievance is submitted to arbitration . In the event the City and Union are unable to agree on the selection of an arbitrator , they shall request the State of California Mediation and Conciliation Service to nominate five (5) persons to be the arbitrator. The City and Union each will alternately challenge two (2) of such nominees , ' the party having the first challenge to be determined by lot . The remaining nominee shall be accepted as the arbitrator , and his com- pensation and expenses shall be borne equally by the City and Union. The City and Union shall pay the compensation and expenses of their respective appointees and witnesses . At Union 's request the City shall release employees from duty to participate in arbitration pro- 'i ceedings . 4 . 6(c ) The Arbitrator shall hold such hearings and shall consider such evidence as to the Arbitrator appears necessary and proper. If II practicable , the first hearing should be held within ninety (90) days of the date of referral to arbitration . The decision of the Arbitrator shall be final and binding on City and Union and the aggrieved employee , if any, provided that such decision does not in 11, any way add to , disregard or modify any of the provisions of this Memorandum of Understanding . 4 . 7 Failure by the Union to meet any of the aforementioned time limits as set forth in Section 4 . 2 , 4 . 3 , 4 . 4 , or 4 . 5(a ) will result in forfeiture . Failure by the City to meet any of the afore- mentioned time limits as set forth in Sections 4 . 2 , 4 . 3 , or 4 . 4 , will allow the Union to go forward with the grievance to the next step of the established procedures . Except , however , that the aforementioned time limits may be extended by mutual agreement . Grievances settled by forfeiture shall not bind either party to an interpretation of this Memorandum of Understanding , nor shall such ' settlements be cited by either party as evidence in the settlement of subsequent grievances . 4 . 8 Notwithstanding the aforementioned procedure , any individ- ual employee shall have the right to present grievances to the City ant to have such grievance adjusted without the intervention of Union , provided that the adjustment shall not be inconsistent with the Memorandum of Understanding , and provided, further, that Union 's President or his designated representative shall be given an oppor- tunity to be present at such adjustment . 1, 5 f,. ARTICLE 5 Safety 5 . 1 The City Council desires to maintain a safe place of employment for City employees and to that end City management shall �,. make all reasonable provisions necessary for the safety of employees in the performance of their work . 5 . 2 Regular "tailgate" meetings will be held on all jobs to plan the job and emphasize safety in its performance. 5 . 3 Regular safety meetings will be held bi-monthly for the purpose of reviewing accidents and preventing their recurrence , 1 eliminating hazardous conditions and familiarizing employees with 11. safe work procedures and applicable State Safety Orders and for training in first aid . it ARTICLE 6 Disability and Unemployment 11 6 . 1 An employee who is absent by reason of industrial disabil- ity may be returned to work by the City and given temporary light duties within his ability to perform, with the consent of the employee 's physician . The duration of any such period of temporary work shall be determined by City . Such employee shall be compen- sated at the then current rate of pay of his regular classification 11' while engaged in such temporary duties . The City may require an employee requesting to return to work after an absence caused by disability or illness to submit to a medical examination by a physi- di ciao or physicians approved by City for the purpose of determining that such employee is physically and mentally fit and able to per- form the duties of his position without hazard to himself, or to his 1, fellow employees , or to his own permanent health. E . 2 Vacation and sick leave shall be accrued and group insur- ! ance coverage shall be maintained while a regular employee is absent from work as a result of a job related disability and receiving the supplemental benefits to Workers ' Compensation temporary disability compensation as set forth in Section 4850 of the Labor Code of the State of California for the period of such disability, but not exceeding one ( 1 ) year . Employees who are not entitled to the bene- ; fits as set forth in Section 4850 of the Labor Code of the State of California but who are receiving Workers ' Compensation temporary disability benefits , shall receive group insurance coverage during the period in which they are receiving temporary disability compen- sation for up to a maximum of a cumulative total of five (5) years at the City 's expense . Holidays which occur during the period for which an employee is receiving temporary disability compensation shall not be recognized by such employee for compensation purposes . 6 410 • ," ARTICLE 7 Employee Status 7 . 1 Employees will be designated as regular , probationary , or full -time temporary depending upon the purpose for which they are hired and their length of continuous service with the City . 7 . 2 A regular employee is defined as an employee who has one ( 1 ) year , or more , seniority with the City in full-time employment . 7 . 3 A probationary employee is defined as an employee hired for a full-time position that has been regularly established as an 1, authorized position and is of indeterminate duration . A probation- ary employee shall receive not less than the minimum rate for the job and shall be eligible for sick leave pay , vacation pay, holiday pay , retirement plan participation , insurance coverage and items of a similar nature , as he becomes eligible , but shall not be given preferential consideration for promotion or transfer or be eligible for a leave of absence . Upon completion of one ( 1 ) year of continu- ous full-time service with City, a probationary employee shall be given the status of a regular employee . A probationary employee will only obtain permanent status upon action of the City Manager , such action to be accomplished within thirty ( 30) days of the end of the probationary period . Notwithstanding any other provision of 1 this Article , an employee 's probationary period shall be extended by the duration of any unpaid absence of ten ( 10) or more consecutive work days . A probationary period may also be extended for up to three (3) months at the discretion of City management for the pur- pose of enabling a more extensive review and evaluation of a proba- ' tionary employee prior to his attaining permanent status . Whenever the City intends to extend the probationary period of an employee , the City shall notify the employee at least ten ( 10) days before the completion of the normal ; probationary period . 7 . 4 A full-time temporary employee is defined as an employee hired for occasional or seasonal work for a period not to exceed six ( 6 ) months . A full-time temporary employee shall receive not less than the minimum rate for the job but shall not be eligible for sick leave pay , vacation pay , insurance coverage , retirement plan partic- ipation or items of a similar nature , nor shall he accrue seniority , or promotion and transfer rights , or leave of absence rights . If a full-time temporary employee is reclassified to probationary status he shall be credited with all continuous service in determining eli- gib ility for such benefits as may accrue to him in his new status . Upon completion of six ( 6) months of continuous service with the City , a full-time temporary employees shall be given the status of a probationary employee . ARTICLE 8 Wages and Classifications 8 . 1 (a ) Employees shall be paid the wage established for their classification . Upon initial appointment to a classification an employee shall normally be paid the lowest wage rate for that 7 111 ., classification . An employee may , however , be paid a wage rate above the lowest wage rate if circumstances justify it . When an employee is promoted to a classification which has a wage range overlapping the wage range of his previous classification , he shall be paid at the wage rate of the classification to which he is being promoted which is next higher to his present wage rate , but not more than the top wage rate of the classification to which he is promoted . When an employee is demoted to a classification which has a wage range overlapping the wage range of his previous classification , he shall be paid at the wage rate of the classification to which he is being demoted which is next lower to his present wage rate , but not lower than the bottom wage rate of the classification to which he is being demoted . Step increases will be granted as follows : After thir- teen ( 13) full pay periods of employment at Salary Step 1 , and with an overall satisfactory or above performance rating, an employee shall be advanced to Salary Step 2 . After twenty-six (26) full pay periods of employment at each subsequent salary step, with an over- t' all satisfactory or above work performance , an employee will be advanced to the next higher step . Salapy-Step-2T-aa-empleyee-shaIl be-advanced-te-S.a3ar.y- E-t -+-- 1.17,an--t er -(-2.64-€ti.11--pay-pePi- II eds-e€-empleymeab-ab-Salapy-S€ep-3T-aa-employee-s all-be-advaased-be Salapy-fit --4-r--- f4Arw--tx gi.t.y-s}*-42b.4- 441-14--pay- 3od6.--ate-Saispy Step-147-ae-employee-sha4- e-ad-va reed-fi )-43 y-45t -5 . A full pay period as used in 8 . 1 is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours . 8 . 1 (b) Should an employee wish to appeal a denial of a step increase , the employee may do so by submitting an appeal ( 1 ) to the ; Fire Chief , and if not resolved, (2) to an advisory committee cora- l' prised of two (2) representatives designated by the Union and one ( 1 ) representative designated by Fire management . The committee will consider the appeal and make an advisory recommendation to the City Manager whose decision will be final . Such appeal must be made within thirty ( 30) days of the date of denial of the merit increase . 8 . 1 ( c ) Every reasonable effort will be made to notify an employee of any deficiencies in job performance prior to an anniversary date to enable the employee to initiate corrective behavior . 8 . 2 Wages shall be g paid at bi-weekly intervals on Thursdays at the end of the employee 's work period , after 12:00 Noon for a pay period ending no earlier than the preceding Saturday . If a pay day falls on a holiday , payment shall be made on the preceding workday . Except as otherwise provided herein , wages paid shall be for actual time worked and compensable time off during the pay period , except , however , that time worked or time absent as a result of a shift trade shall not be considered in computing time for compensation purposes , except as provided in 20. 4 . Wages paid to twenty-four (24 ) hour shift employees shall be based on the average number of regularly scheduled work hours each payperiod . 8 . 3 When an employee is temporarily assigned to work in a classification higher than his regular classification , he shall be paid at the rate established for the higher classification , with a 8 • • minimum of four (4) hours and time computed to the next full hour , except when the work is performed outside of the regular work hours anc the duration is less than four ( 4) hours . When an employee is tem=orarily assigned to work in a higher classification which has a wage range overlapping the wage range of his regular classification , he shall be paid at the wage rate of the classification to which he is temporarily assigned , which is next higher to his present wage rate , but not more than the top wage rate of the temporary classifi- cation. !I, E . 4 When an employee is temporarily assigned to work in a classification lower than his regular classification , his rate of pay will not be reduced . E . 5 For purpose of wage rate progression in a temporary clas- sification, the time worked by an employee in other than his regular classification shall also be accrued in such temporary classifica- tion . E. 6(a ) Attached hereto and made a part hereof is Exhibit "A" titled "Schedule of Wage Rates. " E . 6(b ) Effective June 23 1991 26T-4.9454 , wage rates shall be increased by three eae percent ( 3% 4%) , plus the change in the Bureau of Labor Statistics Consumer Price Index for Urban Wage Earners & Clerical Workers all U . S. Cities, 1967 base , between the index number for May 1990 and May 1991, except that the increase as set forth herein shall not exceed eight percent (8%) . 8 . 6(c ) Effective June 22 , 1992 29T wage wa a rates shall be increased by three eae percent ( 3% 44) plus the and-shall-be-€eathen ad4vist,e4-at-tae--na-te--oi--er0--4enthe-ef- }-e- rwxewr -f.a12.-eaen eae--19�n.o-e.& --o€ change in the Bureau of Labor Statistics Consumer Price Index for Urban Wage Earners & Clerical Workers all U . S. Cities , 1967 base , between the index number for May 1991 4988 and the index number for May 1992 4989 . Except , however , wage rates shall not be increased more than eight a4ae percent (8% 9% ) , as set forth above . 8 . 7 Attached hereto and made a part hereof is Exhibit "B" titled "Job Definitions . " 8 . 8 Effective June 24, 1990, $800 . 00 per year will be added to base pay for an A. A . degree in Fire Science or Fire Science Technology . ARTICLE 9 Hours and Overtime 9 . 1 Each employee shall report for work at his regularly assigned duty station . Time spent in traveling between such assigned duty station and the job site shall be considered as time worked . 9 • 9 . 2(a ) For employees other than twenty-four (24) hour shift employees a workweek is defined to consist of seven (7) consecutive calendar days , Sunday through Saturday , and a basic workweek is defined to consist of five (5) consecutive workdays of eight (8) hours each Monday through Friday . The basis workweek may begin at any hour of the day during the workweek. 9 . 2(b) For twenty-four (24) hour shift employees a work period is defined to consist of twenty-four (24 ) consecutive calendar days from 8: 00 a.m. to 8 : 00 a .m. twenty-four (24) days later , and each succeeding twenty-four (24) consecutive calendar day period thereafter . For "A" shift the first work period began at 8:00 a.m. on January 11 , 1987 and ended at 8 : 00 a .m. on February 4 , 1987. For i "B" shift the first work period began at 8 : 00 a .m. on January 14 , 1987 and ended at 8 : 00 a .m. on February 7 , 1987 . For "C" shift the first work period began at 8 :00 a .m. on January 12 , 1987 and ended at 8 : 00 a .m. on February 5 , 1987 . The basic work period is defined to consist of eight ( 8) twenty-four (24 ) hour work days in each twenty-four (24 ) day work period . The work period and basic work periods as established during January 1987 and set forth above, will not be changed without mutual agreement . The City maintains the right to move individual employees from one platoon to another for the good of the service as determined by the Fire Chief. 9 . 2(c ) Whenever it becomes necessary for the City to temporarily rearrange an employee 's work schedule , the City will give as much advance notice as possible but in any event not less than ninety-two (92 ) hours before the change occurs . Furthermore , no change shall be made which results in more or less than the normal work hours in a pay period . 9 . 3(a ) For employees other than twenty-four (24 ) hour shift employees overtime is defined as (a ) time worked in excess of forty ( 40 ) hours in a workweek , (b) time worked in excess of eight (8) hours on a scheduled workday , (c ) time worked on a non-workday , (d ) I time worked outside of regular hours on a workday ,g and (e ) time worked on a holiday . Overtime shall be computed to the nearest one- quarter ( 1/4) hour . 5 . 3(b ) For twenty-four (24 ) hour shift employees , overtime is defined as time worked in excess of one hundred eighty-two ( 182) hours in a work period . Time worked as used herein shall include time absent with pay, such as vacation, sick leave , emergency leave , etcetera , but shall not include time worked as a result of voluntary shift trades . Overtime shall be computed to the nearest one-quarter ( 1/4 ) hour . 9 . 4 Overtime compensation shall be p paid at a rate equivalent to one and one-half ( 1- 1/2) times the regular rate of pay. 9 . 5 Employees who are required to report for overtime work as defined in 9 . 3(a) and (b) on their non-workdays, or outside of their regular hours on workdays , shall be paid overtime compensation for the actual time worked , but in no event for less than three (3) hours compensation . If an employee who is called out for such work outside of his regular hours on a workday continues to work into his 10 p • i . • illi • regular hours , he shall be paid overtime compensation only for the actual time worked . If an employee performs overtime work immedi- ately following the end of his regular shift he shall be paid over- I, . time compensation only for the actual time worked. 9 . 6 Overtime shall be distributed as equally as is practicable li among those employees who are qualified and available and who volun- teer for overtime work, and the City shall not require employees who have worked overtime to take equivalent time offduring a workday without pay . For the purpose of determining availability as set forth above , an employee 's platoon assignment shall not be used to deny the opportunity for equitable distribution of overtime work. ARTICLE 10 Seniority 10 . 1 Seniority is defined as total length of continuous service with the City . In determining an employee 's seniority the continu- ity of his service will be deemed to be broken by termination of it employment by reason of ( 1 ) resignation , (2) discharge for cause , ( 3) layoff for more than six (6) consecutive months , ( 4) failure to IL, return immediately on the expiration of a leave of absence or accep- tance of other full-time employment while on leave , or (5) absence without pay , without a written leave of absence, in excess of five ii ( 5) workshifts or five ( 5) workdays , as applicable . Continuity of li service will not be broken and seniority will accrue when an employee is : (a ) inducted , enlists or is called to active duty in the Armed Forces of the United States , or service in the Merchant !' Marine , under any Act of Congress which provides that the employee is entitled to reemployment rights , (b) on duty with the National Guard , (c ) absent due to industrial injury , (d) on leave of absence , or (e ) absent due to layoff for a period of less than six ( 6) con- 1 secutive months . i! ARTICLE 11 Promotion and Transfer 11 . 1 All promotions and transfer shall be in accordance with standards and procedures as determined by the City. Notices of Scheduled examinations for the positions of Fire Engineer and k4eiiteRant-eP Fire Captain shall be posted at least thirty ( 30) days in advance of the written test . To the extent possible and subject to the determination by the Fire Chief and the Director of Personnel Services , Fire Engineer and Fire Captain eligibility lists will be promulgated once every two (2) years on a staggered basis . h 11 . 2 Seniority shall not be used as the sole criteria for pro- motions . Employee evaluations , job performance, test results , and ability , along with other established criteria, will be used for the • purpose of selecting applicants for promotion to a higher classifi- �' cation . Ir 11 it li • II III 11 . 3 All appointments filled by promotion of a City employee shall be on a probationary basis for one ( 1 ) year. At any time dur- W ing the probationary period the City may terminate the appointment . If an appointment is terminated , the employee shall be returned to either his previous classification and wage rate , or some other classification that is mutually satisfactory to both the employee I ' and the City. If an appointment is terminated, the City may con- sider the other bidders on the original posting, if any, rather than repost the vacancy notice . j; 11 . 4 Management may consider requests for transfer from one station to another. 11 ARTICLE 12 I X11 Demotion and Layoff 12 . 1 When it becomes necessary for the City to lay off regular employees , the City will give employees involved as much notice as possible ; but , in no event will such employees receive less than two (2) weeks notice of layoff. Where probationary or temporary employ- ees are to be laid off, no notice of layoff need be given . 12 . 2 Layoff in all cases due to lack of work will be determined by an employee 's seniority. An employee whose job is being elimi- nated may elect to displace an employee in a lower paid classifica- tion if qualified to perform the duties of the lower paid classifi- 1 cation and if his seniority is greater than that of the employee in 1 the lower paid classification . 12 . 3 Regular employees who are laid off will be given prefer- ence in filling future vacancies for a period up to six (6) months , ', providing they keep the City advised of their current address . I ARTICLE 13 Leave of Absence 13 . 1 Leave of absence may be granted to regular employees by the City Manager for urgent and substantial reasons, up to a maximum 1 of one year , (except when the employee is receiving long term dis- ability benefits , in which case no time limit shall apply ) providing satisfactory arrangements can be made to perform the employee ' s duties without undue interference with the normal routine of work. Inability to return to work after an employee 's sick leave has been exhausted will be considered as an urgent and substantial reason and in such cases a leave will be granted . 13 . 2 A leave of absence will commence on and include the first work shift on which the employee is absent and terminate with and include the work shift preceding the shift the employee returns to work. 1 12 I I'ill , P 13 . 3 All applications for leave of absence shall be made in writing except when the employee is unable to do so. The conditions under which an employee will be restored to employment on the termi- nation of leave of absence shall be clearly stated by the City in conjunction with the granting of a leave of absence . Upon an employee 's return to work after a leave of absence , he will be rein- ' stated to his former position and working conditions, providing that he is capable of performing the duties of his former position , except that if there has been reduction of forces or his position has been eliminated during said leave , he will be returned to the position he would be in, had he not been on a leave of absence . 13 . 4 An employee 's status as a regular employee will not be impaired by such leave of absence and his seniority will accrue. 13. 5 If an employee fails to return immediately on the expira- tion of his leave of absence or if he accepts other full-time employment while on leave , he will thereby forfeit the leave of absence and terminate his employment with the City. 13. 6 An employee on a leave of absence as provided herein shall not accrue vacation or sick leave benefits nor maintain group insur- ance coverage. An employee may , however , at his option and expense , maintain his group insurance coverage providing the full monthly premium is received in the Finance Department of the City on or before the first day of the month for which the premium is intended . Notwithstanding the above , however , if the leave of absence is as a result of exhaustion of sick leave benefits an employee 's group insurance may be maintained for up to three (3) calendar months on the normal premium-sharing formula , providing the employee pays his share of the premium on a timely basis . 13 . 7 Except for the one ( 1 ) year limitation of 13 . 1 , and the prohibition on other employment in 13 . 5 , a leave of absence for Union business may be granted by the City Manager for up to a maxi- mum of three ( 3) years , pursuant to the provisions of this Article . ARTICLE 14 Expenses 14 . 1 Whenever an employee uses his personal automobile for the City ' s convenience , he will be reimbursed therefor at the same rate per mile as established for non-represented City employees . 14 .2 Employees who are assigned to temporary work at such dis- tance from their regular headquarters that it is impractical for them to return thereto each day, or to their regular place of abode, will be allowed actual personal expenses for board and lodging for the duration of such assignment , provided they board and lodge at places to be designated by the City . The time spent by such employ- ees in traveling to such temporary job at its beginning, to and from home on holidays and weekends , and from such temporary job at its Ir' , l 13 r , 4 III • !f'";�' conclusion and any reasonable expense incurred thereby will be paid by the City. ARTICLE 15 Sick Leave 15 . 1 Sick leave with pay shall be accumulated for each regular and probationary employee at the rate of forty-six thousandths ( . 046) of an hour for each regular hour worked , or on paid leave . 15 .2 Sick leave shall be allowed for a non-work-related absence Ip; due to : (a) the inability of an employee to be present or perform his duties because of personal illness , off duty injury, or confine- went for medical treatment ; (b) personal medical or dental appoint- ments , which are impractical to schedule outside of regular working hours ; (c ) the need to be present during childbirth, surgery, criti- cal illness or injury involving members of the immediate family as defined in 16. 1 , for up to eight (8) work hours per incident . Notwithstanding the foregoing eight (8) hour limitation , sick leave with pay shall be granted to the twenty-four (24) hour shift employ- ees for the time necessary to be absent up to a maximum amount that has the same ratio to the maximum amount allowed for other City employees as set forth above as the average number of work hours per week for 24-hour shift employees has to the number of work hours per week for other City employees . 15 . 3 Management may require satisfactory evidence of sickness ' or disability before payment for sick leave will be made . The City may also require an employee requesting to return to work after sick leave or leave of absence for medical reasons to submit to a medical examination by a physician or physicians approved by City for the purpose of determining that such employee is physically fit and able to perform the duties of his former position without hazard to him- self , or to his fellow employees , or to his own permanent health . Such examination or examinations shall be at the sole expense of the City . 15 . 4 If a holiday which an employee is entitled to have off with pay occurs on a workday during the time an employee is absent on sick leave , he shall receive pay for the holiday as such, and it shall not be counted as a day of sick leave . 15 . 5 Any employee who after ten ( 10) years of service to the City terminates employment , shall be paid at the employee 's regular payrate for thirty-three and one-third percent (33 1/3%) of the employee 's accumulated sick leave hoursT--mdu --try-the-a rrrt--,a,€ any-becws- .3 --boixza->tY4e-emgleyee-has--pre i ie-1. F--ne.a&i- -pp- swaat-4e—see4.oe--1-8-..2 . An employee may , however, at the employee 's option , elect to waive the foregoing benefit and in lieu thereof, receive credit for said unused sick leave toward the employee 's re- tirement benefit through the Public Employee 's Retirement System pursuant to the contract between the City of Redding and the Public Employees ' Retirement System. 14 111 ARTICLE 16 Funeral Leave 16 . 1 Except as otherwise provided herein , regular and proba- tionary employees who are absent from work due to the death of a member of the employee 's "immediate family" shall receive compensa- tion at the regular rate of pay for the time necessary to be absent from work , but not to exceed forty ( 40) work hours. "Immediate fam- ily• as used herein includes only employee 's spouse , children , grandchildren , brothers , sisters , parents or grandparents of either spouse or other persons who are living in the employee 's immediate household . Notwithstanding the foregoing, funeral leave with pay shall be granted to twenty-four (24 ) hour shift employees for the time necessary to be absent for up to a maximum amount that has the same ratio to the maximum amount allowed for other City employees , as set forth above , as the average number of work hours per week for twenty-four (24) hour shift employees has to the number of work hours per week for other City employees. 16 . 2 Except as otherwise provided herein , regular employees who fare absent from work to attend the funeral of a person other than an immediate family member shall receive compensation at the regular rate of pay for the time necessary to be absent from work, but not to exceed eight (8) hours. Notwithstanding the foregoing , funeral leave with pay shall be granted to twenty-four (24) hour shift employees for the time necessary to be absent for up to a maximum amount that has the same ratio to the maximum amount allowed for other City employees , as set forth above , as the average number of work hours per week for twenty-four (24 ) hour shift employees has to the number of work hours per week for other City employees . ARTICLE 17 Holidays 17 . 1 Regular and probationary employees , except as otherwise provided herein , shall be entitled to have the following holidays off with pay : (a ) January 1st (b) "Lincoln Day" (c ) The third Monday in February (d ) The last Monday in May ( e ) July 4th ( f) First Monday in September (g) Employee 's Birthday (h) "Columbus Day" (i ) "Veterans Day" (j ) Thanksgiving , (k) Friday after Thanksgiving (1 ) The last four (4) work hours before Christmas (m) December 25th If any of the foregoing holidays falls on a Sunday , the Monday fol- lowing shall be observed as the holiday , except by those employees ,;, 15 • who are regularly scheduled to work on Sunday other than on an over- time basis . Employees who are regularly scheduled to work on Sun- days shall observe such holidays on Sunday . If any of the foregoing i holidays falls on a Saturday , the preceding Friday shall be observed I as the holiday , except by those employees who are regularly sched- uled to work on Saturday other than on an overtime basis . Employees who are regularly scheduled to work on Saturdays shall observe such holidays on Saturday . If any of the foregoing holidays fall on any day from Monday through Friday , inclusive , and that day is a regu- larly scheduled non-workday for an employee , such employee shall be entitled to receive another workday off with pay, to be scheduled in the same manner as vacation days are normally scheduled . Notwith- standing the foregoing an employee may observe his birthday holiday on his birthday or anytime during the pay period in which the birth- day occurs , or the holiday may be deferred and scheduled as vaca- H! tions are normally scheduled . The holidays known as Lincoln Day , Columbus Day , and Veterans Day shall be scheduled by employees and their supervisors in the same manner as vacations are normally scheduled. 17 . 2 Notwithstanding the foregoing , employees may be scheduled to work on holidays , in which event any such employee will , in addi- ! tion to his holiday pay, be compensated therefor at the overtime rate of pay for all time worked on such days. 17 . 3 If an employee is in a non-pay status on both workdays immediately adjacent to the holiday he shall not receive pay for the holiday . 17 . 4 In lieu of the provisions of 17 . 1 , 17 .2 and 17 . 3 , regular and probationary twenty-four (24 ) hour shift employees shall receive compensation for holidays without regard for when holidays occur nor whether or not an employee actually works on any holidays and regardless of the number of holidays other City employees observe . Such holiday compensation shall be at the rate of one hundred forty xpety-e m ( 140 96 ) hours per year at the employee 's regular hourly payrate with forty-eight (48) hours paid in June and forty-eight ( 48 ) hours paid in December of each year . For those employees who do not work the full six ( 6) months prior to the payment due date , such holiday compensation shall be prorated . The additional forty- four (44 ) hours for eligible twenty-four (24 ) hour shift employees shall become effective June 23 , 1991 . Payment in June , 1991 will be ninety-two (92) hours and the payment in each June thereafter will be ninety-two (92) hours , with the payment in December remaining at forty-eight (48) hours . 6iianges-4444,1etPate4-3 i- -seeti.ea-s iaa4 fie-a€€eet4ve-Peeembep-4T-49887 ARTICLE 18 Vacations 18 . 1 (a) Regular and probationary employees of the City shall accrue vacations with pay as follows : 18. 1 (b) At the rate of thirty-nine thousandths ( . 039) of an hour for each regular hour worked , or on paid leave, from the date F 16 t 4 of employment through the one hundred fourth ( 104th ) full pay period of employment . (Accrual rate approximately two (2) weeks per year up to four ( 4 ) years of service . ) 18 . 1 (c ) At the rate of fifty-eight thousandths ( . 058) of an hour for each regular hour worked , or on paid leave , from the one hundred fourth ( 104th) full pay period through the two hundred thirty-fourth (234th) full pay period of employment . (Accrual rate i; approximately three (3) weeks per year after four (4) years of ser- vice . ) er- vice . ) 18 . 1 (d ) At the rate of sixty-eight thousandths ( . 068) of an hour for each regular hour worked , or on paid leave , from the two hundred thirty-fourth (234th) full pay period through the three hundred sixty-fourth (364th) full pay period of employment . (Accrual rate approximately three and one-half (3-1/2) weeks per year after nine ( 9) years of service . ) 18 . 1 (e ) At the rate of seventy-seven thousandths ( . 077 ) of an hour for each regular hour worked , or on paid leave , from the three hundred sixty-fourth (364th) full pay period through the four hun- dred ninety-fourth (494th ) full pay period of employment . (Accrual rate approximately four ( 4 ) weeks per year after fourteen ( 14) years of service . ) 16 . 1 (f) At the rate of eighty-seven thousandths ( . 087 ) of an hour for each regular hour worked , or on paid leave , from the four hundred ninety-fourth (494th ) full pay period through the six hun- dred twenty-fourth ( 624th ) full pay period of employment . (Accrual rate approximately four and one-half ( 4- 1/2) weeks per year after nineteen ( 19 ) years of service . ) 18 . 1 (g) At the rate of ninety-six thousandths ( . 096 ) of an hour for each regular hour worked , or on paid leave , from and after the six hundred twenty-fourth ( 624th ) full pay period of employment . (Accrual rate approximately five ( 5) weeks per year after twenty- four ( 24 ) years of service . ) 18. 1 (h ) Effective July 1 , 1991 , the maximum vacation time which can be accrued by a regular employee is five hundred (500) hours for forty (40 ) hour per week employees, and seven hundred ( 700) hours for twenty-four (24) hour shift employees . 18. 1 (i ) Effective July 1, 1990 , for one time only, vacation hours accumulated in excess of five hundred (500) hours, or seven hundred (700) hours for shift employees, will be retained in a sepa- rate time bank to be used by the employee in the same manner as reg- ular vacation time . Vacation hours retained in the time bank will not be lost upon effective date of the vacation maximum. On July 1 , 1991 earned vacation hours in excess of the five hundred (500) or seven hundred (700) hour maximums will not be accumulated. Between July 1 , 1990 and July 1, 1991 { employees who are at the five hundred (500 ) or seven hundred (700) hour maximum should endeavor to reduce their vacation balance by an amount greater than their annual vacation accrual . For such employees , during the above dates, used 17 411 • 411 vacation time and vacation cash-outs will be deducted from the employee ' s regular vacation accrual account . 18 . 1 (j ) It is City policy that employees take their normal vacation each year at such time or times as may be approved by the Department . 18 . 1 (k) In the event of departmental cancellation of a previ- , ously scheduled vacation or of a paid leave of absence due to indus- trial injury where such employee would exceed the maximum vacation ii accrual , the accumulation of vacation hours may exceed the seven hundred (700) hour maximum. In the event of a paid leave of absence due to an illness or injury that is not job related , the Fire Chief may approve the accumulation of vacation hours in excess of the seven hundred (700) hour maximum. Whenever such excess accruals occur , the employee shall have one year from the date the vacation was cancelled or from the date the employee returns to work from illness or injury to utilize the excess accrual. Any excess accrual that remains at the end of such period shall be forfeited . 18. 1 (1h ) A full pay period as used in this Article is defined as one in which the employee works or is paid for time off for at least half of the regularly scheduled work hours. 4g.2---is-each- 4=4:4)a-€is4-€ ve-4 - e da�� ea-r r-ex.e. -€ell bbs-€}psl- oe-le rd4,-mea-rL,-- o1-1-C}vi-r1-g-h a-e ,p4e-yeea-t- a --empoieyee wbe-. as-p ed--t —fGi -n-4244-lea+'a-err--1e-&.4-e€-. a44-e3.0k--1-ea,�- tie e- re•eed3ag--y ea32-a l�a - -ee�r�le - o--�rg�r -4 -fie-�f=- e p w s vasa ties-is-see}toes-be-ally-vaeables-allewanee-blas-employee-is-esbl- tIod-be-ae-sol-4'o-F444-3a- o-t3o 1$-.1-.---I - -t -44gt74}-ealeaeap yeap-€ellew sg-as-emgleyeele-empleymesb-este-ase- s-eael3-€ift14-45t,14} saleseap-yeap-bhepea€tell-as-empleyee-wt4e-has-xsee-ese-lalas4see-bwesby 44283-helips-ell-less-a€-s elf-leave-daplsg-bl4e-€lve-gpeeeelsg-ealeseap yews-e�a�3--�a-es�l�led-�,o--€only-��t-0-)--hcrtr�--a€- a- ice-ls aee4tles-4o-4 -1a-c i-er+-allewaNee--tare--plc`} -ls-.e .ti le.e-.4o--as set-€ep�l�-gip,- .ios-�s-.��--T�-k�o�l}a�a-c�-�-i�r-as-repels-�pevleee� €e p-a-lieaas-�aea�-iofr,---A�-e���oy�ee-a e�l�l p e e-�4e-�-i$��,o--a-1.1•-sp-a sy gape-e€-4lie--ale- .i.e' - n-1$s -euo��-elloyoo o. eap-yeas-4e- ie4-3 ie- 1 -I4 st i-rig--true-€epegelag-ti4e herons-o-f--a-i,(4 -1 v.&-usage-a444-44 I ry-e€-Besse- a#,3-xr-€oma-24- hewp-sh ft-employees-shali-be-mee ed-as-seeessapy-be-eabalaiish-blas il. same-gable-€ell-24-helap-alai€b-employees-as-blas-avepage-sHmbep-e€-weplf haiQs-pep-Jreek- -o - - rte4-2.14- o-lxL i -4,--arap•�o-yoco -lass-to-the numbep-a€-wepk-heiaps-pep-week-€9P-et,hei ty-empleyeesT 18. 23 Vacation cannot be accrued while an employee is in a non- pay status . 18. 34 Vacations will be scheduled throughout the calendar year . Employees with greater seniority will be given preference over those with less seniority in the selection of a vacation period, provided , however , that if the senior employee splits his vacation by request- ing less than a full year 's allowance to be scheduled on consecutive workdays , his preferential rights shall only apply on two periods in that calendar year prior to all other employees being given consid- i 18 r• erasion in the selection of their first choice vacation period . Up to two (2) employees may be off for vacation on the same shift . 18 . 46 The City shall not require an employee to take his vaca- tion in lieu of sick leave or leave of absence on account of ill- ness . 18. 56 If a holiday which an employee is entitled to have off with pay occurs on a workday during the employee 's vacation period , such employee will be entitled to an additional day of vacation and will be compensated for same . 18. 6; Employees whose employment with the City is terminated for any reason shall , at the time of termination , receive any unused vacation period previously earned. 18 . 78 Except for twenty-four (24) hour shift employees , whenever any employee has accrued one hundred twenty ( 120) hours or more vacation allowance as set forth in 18 . 1 (a) - (h) , the City will at the employee 's option compensate the employee for up to forty ( 40) hours of accumulated vacation during any fiscal year. Additionally , whenever any employee has accrued two hundred forty (240 ) hours or II , more vacation allowance as set forth in 18. 1 (a) - (h) , the City will , at the employee 's option , compensate the employee for up to eight ( 80) hours of accumulated vacation during any fiscal year . For twenty-four (24 ) hour shift employees , the numbers set forth above shall be increased proportionately by the same amount as the relationship of the twenty-four (24) hour shift employee 's average fifty-six ( 56) hour week has to forty ( 40) hours per week for other employees . ARTICLE 19 Uniforms 19 . 1 The uniform allowance of $450 . 00 334.98 is normally paid in July of each year and is for the purpose of maintenance and replacement of uniforms for the ensuing fiscal year . The allowance is not a reimbursement for the prior year . The first clothing allowance shall be a prorated amount for that period of time from the employee ' s date of employment to the following July 1 . E€€eet4ve-Jwly-47-4968-the-aeAxai-allewaaee-set-€eptti-abeve-shall-be iRepease4-44)- 0410 -yeaq2,--- o4r -dxiy-a,--1389 -t -aaewa� alewaaee-set-€ePt -aeve-shall-be- eepeased-te-$459,-99-pep-yeapT 19 . 2 The City shall pay the reasonable cost of repair or replacement of uniforms , glasses , watches , or other personal prop- erty up to two hundred dollars ($200) , damaged in the course of employment . This provision does not apply to items lost or damaged as a result of negligence of the employee. 19 • • I r • ARTICLE 20 Miscellaneous Ii ' 20 . 1 A regular or probationary employee who is summoned for jury duty and is thus unable to perform his regular duties will be paid for the time lost at his regular rate of pay. 20. 2 Any employee , at his request , shall be permitted to review his own personnel file . The file may not , however , be removed from the Personnel Office . At the employee 's request or the request of his representative with the employee 's written authorization, photo- copies of information contained in the employee 's personnel file will be provided at the City 's expense . 20 . 3 An employee who disagrees with the evaluator 's statements or conclusions with respect to the employee evaluation report shall have the right to review such evaluation report with the City 's Ij Director of Personnel Services and , upon request , shall have the right to have a Union representative present. 20 . 4 All shift trades shall be consummated within a three hun- dred sixty-five day period . In the event an employee 's employment is terminated prior to this having consummated a shift trade with another employee , the time he owes the other employee shall be deducted from his final pay check by the City and that same amount shall be paid over to the other employee . 20 . 5 Whenever disciplinary action against an employee is pro- posed in the form of a suspension without pay , the employee may elect to work an equivalent amount of time without pay rather than being suspended without pay from his regularly scheduled duties. 20 . 6 The Union ' s labor representative and the City's Director of Personnel Services bahe1D-die.la44efle may agree to limit the useful lifetime of employee disciplinary documents . 20 . 7 Because of the nature of employees ' duties, all employees shall be required to provide a personal telephone in their home at their own expense . 20 . 8 Whenever employees complete authorized courses taken for credit with a passing grade , after advance approval by both the Fire Chief and the Director of Personnel Services , the City shall reim- burse the employee for the actual expenses of tuition and the cost of required textbooks ; provided , however , that the textbooks shall be placed in City of Redding libraries as City property, and tuition reimbursement shall be limited to $100 per student per semester. 20. 9 Whenever any employee is subpoenaed to testify in court as a result of his employment and is thus unable to perform his regular duties , he shall be paid for all regular time lost . 20 . 10 No less than two (2) employees covered by this Memorandum of Understanding shall be assigned to each structure firefighting unit any- a.t4. . One ( 1 ) of the two (2) assigned employees per 20 r. ,: 111 411 structure firefighting unit shall be a Captain, one an Engineer , and a third , if needed , a Firefighter . pt.heesiepe-ae-deeg-aa-4 e- -i..t.y Nbimbep-Q e-se-Iesa-thaA-epee-43�-efpleyees-eeveperil-by-Cilia-Memepaa- dam-a€-Hadeps‘and ag-sliaii-be-assigned-thepeT 20 . 11 Attached hereto and made a part hereof is Exhibit "C" entitled "Substance Abuse Policy . " ARTICLE 21 Employee Benefit Programs 21 . 1 Retirement Plan : All regular and probationary employees are covered by a State of California Public Employees ' Retirement System program pursuant to an existing contract with the Public Employees ' Retirement System. The major features are : two percent (2%) at age fifty ( 50) ; normal retirement age fifty (50) ; one ( 1 ) year ' s compensation in formula ; 1959 Survivors Benefits ; Post- Retirement Survivors Allowance ; credit for unused sick leave ; fifty percent ( 50% ) ordinary disability benefit ; City pays seven percent (7%) of employee 's cost ; and military service credit . Effective June 26 , 1988 the City will increase its payment of the employee 's cost to eight percent (8%) , and effective June 25 , 1989 the City will increase its payment of the employee 's cost to nine percent (9%) • 21 . 2(a ) Group Insurance : All regular employees and all proba- tionary employees are eligible to participate in a group insurance benefit program effective the first day of employment . The City shall pay the full cost of the program for both employee and depen- dents . The major elements of the group insurance benefit program are : ( 1 ) Life Insurance : Twice annual salary for employee , $3000 for employee 's dependents . ( 2) Health Benefits : $100 deductible per person per year except for accidents which shall have none , but shall have a maximum benefit of $500 . 00 for each accident ; 80% payable for each $5000 of eligible charges , except for hospital charges which are 100% payable ; 100% thereafter up to one million dollars lifetime limit ; professional fees based upon U . G . R. ; normal typical exclusions and lim- itations . ( 3) Dental Benefits : No deductible and 100% of U. C. R . for prevention ; no deductible and fifty (50) percent up to two thousand dollars €ifteeR-htiRdped-dellaps ( $2 , 000 4568) per lifetime per person for orthodontia ; $25 deductible and '! 80% of U.C . R. up to $1500 per person per year for all other eligible charges . ( 4) Long Term Disability: After three (3) months 60% of employee 's salary integrated with all other income ben- efits payable to age 65 . For those employees who decline 21 �j ' • • I 1'111 coverage in the City 's plan , and elect to be covered by the Union 's long term disability insurance plan , the City will contribute to the Union 's plan an amount on behalf of the employee which is the lesser of the full cost of the Union 's plan , or the amount of the cost of the City 's plan . : 5) Vision Benefits : California Vision Service Plan A (or its equivalent ) for employees and dependents ealy , which provides for $25 deductible ; an eye examination no more than every twelve ( 12) months , and lenses and frames no more often than each twenty-four ( 24 ) months . The City may , if practicable , modify the group insurance program set forth above by adding utilization review and by creating preferred prc:ider organization programs which create financial incentives for the employees to use such preferred provider services but do not reduce any current benefit level or impose any penalty for the 1 employee who chooses not to use a preferred provider 's services. 1 21 . 2(b) The City will pay fifty percent (50%) of the group medical insurance premium for each retiree and dependents , if any , presently enrolled and for each retiree in the future who goes directly from active status to retirement and continues the group medical insurance without a break in coverage . Payments by the City will be discontinued upon the death of the retiree or upon termina- tion of group medical insurance coverage . The City will not con- tribute payments on behalf of any retiree except as set forth above . Following the death of a retiree the surviving spouse , if any , may continue the insurance at their own expense until becoming eligible for participation in any other group insurance program. Notwith- standing the foregoing , the City may increase its contribution to the retiree ' s group insurance premium or improve Public Employees ' Ret_rement System benefits during the term of this Memorandum of Understanding . 21 . 2(c ) Whenever any employee has treatments for mental or nermous disorders for which there is partial payment under the health benefit provision set forth in 21 . 2(a ) 2. above , the City ,i. will supplement such benefits to one hundred percent ( 100% ) payment for up to twelve ( 12 ) visits for treatment , provided the employee submits the necessary documentation to support the expense and req-.:est for reimbursement to the Personnel Office . The City may refer employees for psychiatric counselling or evaluations . ARTICLE 22 Entire Agreement I 22 . 1 The parties acknowledge that during the negotiations which resulted in this Memorandum of Understanding each had the unlimited rig=t and opportunity to make demands and proposals with respect to any subject or matter not removed by law from the scope of negotia- tions , and that the understandings and agreements arrived at by the parties after the exercise of that right and opportunity are set forth in the Memorandum of Understanding . Therefore , the City and 22 C 111. e • „ 4 iq ., the Union , for the duration of this Memorandum of Understanding , each voluntarily and unqualifiedly waives the right , and each agrees that. the other shall not be obligated to bargain with respect to any subject or matter referred to, or covered in this Memorandum of Understanding, or with respect to any subject or matter not specifi- cally referred to , or covered in this Memorandum of Understanding , even though such subjects or matters may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Memorandum of Understanding . Any other prior existing understanding or agreements by the parties , whether formal or informal , regarding any such matters are hereby superseded or terminated in their entirety. iP ARTICLE 23 Term 23 . 1 This Memorandum of Understanding , having taken effect as of July 1 , 1974 , and having thereafter been amended from time to time shall continue in full force and effect until the first day of July , 1993 499G , and thereafter from year to year unless written notice of change or termination shall be given by either party ninety ( 90) days prior to the expiration date above or the expira- tion date of any year thereafter , except , however , that the amend- ments scheduled to be effective on June 24+ , 1990 daawapy-2J4.,-4-9.8. , and thereafter , shall only become effective with approval of the City Council of City . Notwithstanding the foregoing , however , whenever the public 's need for fire protection service is not met by off-duty personnel following an all-call paging for a major emergency , the City may be giving written notice to the Union reopen negotiations on the subject of establishing procedures for off-duty employee response necessary to meet the public ' s need for fire pro- tection service . 23 . 2 Whenever notice is given for changes , the general nature of she changes desired must be specified in the notice , and until a satisfactory conclusion is reached in the matter of such changes , the original provision shall remain in full force and effect . 23 . 3 This Memorandum of Understanding shall not be amended or supplemented except by agreement of the parties hereto , reduced to writing and duly signed by each. 23 . 4 Any provision of this Memorandum of Understanding which may be in conflict with any Federal or State law , regulation or executive order shall be suspended and inoperative to the extent of and for the duration of such conflict ; the balance of this Memoran- dum of Understanding , however , shall remain in full force and effect . The parties may, however , by mutual agreement reopen nego- tiations on the impact of any conflict . I23 1:11 Ifs • • • IN WITNESS WHEREOF, the parties have executed the e Amend- ments to the Memorandum of Understanding on the ,' 747t day of /I,,_e_.) , 1990 , to be effective June 24 , 1990. CITY OF REDDING REDDING FIREFIGHTERS , LOCAL 1934 , I .A .F.F. ,efU/ Robert M. Christ' fferson Bob Roberts City Manager Labor Representative , California State Firemen ' s Association , Inc . Samuel S . McMurry Ronald G . Keown Assistant City Manager President Paul F. Bailey n Presidio Fire Chief -1 ' - Vice-President �-� ►'A incept A. Tomi ich Paul F . Lendman, Chairaan Battalion Chief Negotiating Commitee 1,,d/C j(9 ,(2,. ames G . Bristow Richard F . Bates Director of Personnel Services Negotiator / Jan e A. Maurer Hous ng Administrator 24 IL��� J . • 411 EXHIBIT "A" SCHEDULE OF WAGE RATES Effective June 24, 1990 Hourly Pay Rate - Salary Step 1 2 3 4 5 6 7 Firefighter 7.87 8.29 8.70 9.14 9.61 Fire Engineer 8.59 9.04 9.43 9.94 10.44 10.97 11.53 Fire Prevention Inspector 10.77 11.31 Fire Prevention Inspector 15.13* 15.87* Fire Captain 10.94 11.51 12.12 12.72 13.35 *40-hour week All other rates are for a 56-hour week ii IAFFSALC.HG/PEIXLIB/PETXDO Gd ! i • EXHIBIT "B" • CITY OF REDDING CLASS SPECIFICATION FIREFIGHTER DEFINITION: Under immediate supervision, performs all types of fire suppression, prevention, and emergency medical rescue work; promotes fire prevention and code enforcement. DISTINGUISHING CHARACTERISTICS: Positions assigned to this class perform both probationary and journey-level firefighting and fire prevention work. When initially employed, incumbents may not have prior practical firefighting experience and are expected to successfully complete an entry level firefighter training program as established by the City of Redding. Firefighters are expected to perform the full range of fire suppression, safety and prevention duties assigned to the class and to learn journey-level skills in all areas of work assigned. This classification is distinguished from the Fire Engineer classification in that the Fire Engineer is responsible g for the operation and maintenance of fire apparatus and related equipment. EXAMPLES OF DUTIES: NOTE: The following are the duties performed by employees in this classification. However, employees may perform other related duties. Not all duties listed are necessarily performed by each 'r individual in the classification. I I,- 1. Responds to reported ported emergencies with a company on a fire apparatus. Measures - Conformance to training standards. 2. Rescues persons endangered by fire and other hazards. Measures -Responsiveness to orders and procedures. 3. Operates hose streams; performs ventilation, salvage and overhaul to extinguish fires and minimize damage. Measures - Responsiveness to orders and procedures. Happropriate) .4. Performs first aid, resuscitation, and defibrillation (if training is Measures - Application of accepted medical protocols. 5. Operates firefighting equipment and medical rescue equipment. Measures - Safety record, knowledge of district and City streets, training record. 1 • . 410 �il,ll • CITY OF REDDING CLASS SPECIFICATION FIREFIGHTER (Cont'd) 6. Inspects housing, industrial and commercial occupancies, writes notices of hazards and makes re-inspections; conducts home safety checks. Measures - Application of appropriate propriate fire code. 7. Presents fire and lift safety education programs; conducts tours of the fire station. Measures - Acceptance by public. 8. Participates in firefighting tactics and physical training. Measures - Follows routine and orders as established. 9. Keeps records and prepares reports. Measures - Follows accepted practices. 10. Participates in pre-fire planning with the company. Measures - Number of pre-fire plans. 11. Maintains fire station. Measures - Condition of station. 12. Performs related duties as assigned. Measures - Quantity and quality of additional work. QUALIFICATIONS: Knowledge of: Modern fire prevention and suppression principles methods and equipment; principles of hydraulics as applied to firefighting equipment; construction and operation of private and public water supplies, standpipes, fire pumps, aerial ladders, elevating platforms; all City and outlying streets and the location of fire hydrants and fire department connections in the district; Federal, State and local vehicle safety regulations. Ability to: Interact effectively with the public and employees; remain calm and safe during emergency conditions; pass the medical examination, including vision and hearing examinations, and perform the required physical fitness tests for the position; maintain effective working relationships with fellow employees and the public. 2 • • CITY OF REDDING CLASS SPECIFICATION FIREFIGHTER (Cont'd) Education: Any combination of trainingand experience that provides the required knowledge, skills, and abilities is qualifying; typical education would include a high school diploma, equivalent of A.A. Degree in Fire Technology, or 60 semester units from an accredited college or equivalent. Experience: No prior experience required. Special Requirements: State Certified Firefighter I and either Emergency Medical Technician I or First Responder. Possession of the appropriate California driver's license, or the ability to acquire one within ten days of appointment. Employees hired after June 24, 1990 or current employees who subsequently change residence must reside within twenty-five (25) miles of the City of Redding city limit. 3 e • CITY OF REDDING CLASS SPECIFICATION FIRE ENGINEER LEz IZI I TION: Under general supervision, performs all types of fire suppression, ii prevention, and emergency medical rescue work; promotes—fire prevention and code enforcement. DISTINGUISHING CHARACTERISTICS: i Positions assigned to this class perform journey-level firefighting and fire prevention work. Incumbents are expected to have successfully completed the appropriate training programs as established by the City of Redding. Fire Encineers are expected to perform the full range of fire suppression, safety and prevention duties assigned to the class and to perform journey-level skills in all areas of work assigned. The Fire Engineer is responsible for the operation and maintenance of fire apparatus and related equipment. The Fire Engineer is the primary driver and pump operator of fire apparatus in the department. EXAMPLES OF DUTIES: NOTE: The following are the duties performed by employees in this classification. However, employees may perform other related duties. Not all duties listed are necessarily performed by each individual in the classification. 1. Responds to reported emergencies with a company on a fire apparatus. '. „ Measures - Conformance to training standards. 2. Rescues persons endangered by fire and other hazards. Measures - Responsiveness to orders and procedures. 3. Operates hose streams; performs ventilation, salvage and overhaul to extinguish fires and minimize damage. Measures - Responsiveness to orders and procedures. 4. Performs first aid, resuscitation, and defibrillation. Measures - Application of accepted medical protocols. 5. Operates all firefighting vehicles 9 9 equipment, apparatus and medical rescue equipment. Measures - Safety record, knowledge of district and City streets, training record. 6. Inspects housing, industrial and commercial occupancies, writes notices of hazards and makes re-inspections; conducts home safety checks. Measures - Application of appropriate fire code. 4 CITY OF REDDING CLASS SPECIFICATION H . FIRE ENGINEER (Cont'd) 7. Presents fire and lift safety education programs; conducts tours of ' li the fire station. Measures - Acceptance by public., 8. Participates in firefighting tactics, apparatus operation and physical training. Measures - Follows routine and orders as established. 9. Calculates hydraulic calculations for fireground operations. Measures: Calculations are accurate. 10. Keeps records and prepares reports. Measures - Follows accepted practices. 11. Participates in pre-fire planning with his company. H Measures - Number of pre-f ire plans. 12. Maintains fire station. Measures - Condition of station. 13. Performs related duties as assigned. Measures - Quantity and quality of additional work. 2UALIFICATIONS: Knowledge of: i, Modern fire prevention and suppression principles methods and equipment; principles of hydraulics as applied to firefighting equipment and apparatus; construction and operation of private and public water supplies, standpipes, fire pumps, aerial ladders, elevating platforms, and all equipment provided on fire apparatus; all City and outlying streets and the location of fire hydrants and fire department connections in the district; Federal, State and local vehicle safety regulations applicable to the operation of fire apparatus. Ability to: Interact effectively with the public and employees. Efficiently operate all apparatus, including pumping engines, aerial ladders; elevating platforms and other special motorized apparatus; accurately calculate hydraulics and develop effective hose streams during emergency conditions; drive and operate apparatus calmly and safely during emergency conditions; pass the medical examination, including vision and hearing examinations, and perform the required physical fitness tests for the position; perform tests and preventative maintenance required for apparatus; maintain effective working relationships with fellow employees and the public. 5 IIII 411 ' 411 CITY OF REDDING CLASS SPECIFICATION FIRE ENGINEER (Cont'd) Education: Any combination of training and experiencethat provides the required knowledge, skills, and abilities is qualifying; typical education would include a high school diploma, equivalent of A.A. Degree in Fire Technology, or 60 semester units from an accredited college or equivalent, and certified as an Emergency Medical Technician I, or certified as a First Responder D. Experience: Typical experience would include three years of relevant experience with the department. Special Requirements: Satisfactory completion of State Certified Firefighter II and state certified pump operation IA and B or its equivalent. Possession of the appropriate California driver's license. Employees hired after June 24, 1990 or current employees who subsequently change residence must reside within twenty-five (25) miles of the City of Redding city limit. 6 • III CITY OF REDDING CLASS SPECIFICATION FIRE PREVENTION INSPECTOR DEFINITION: Under general supervision performs code enforcement; inspection of all business licenses that are issued in the City for initial and follow-up inspections to assure business compatibility with building occupancy; inspection of homes for the elderly and day care homes which require special licensing DISTINGUISHING CHARAC Th RI STI CS: This is a journey level class within the Fire Department. Employees within this class perform the full range of fire prevention inspection duties with only occasional instruction or assistance and are fully aware of the operating procedures and policies of the department. EXAMPLES OF DUTIES: NOTE: The following are the duties performed by employees in this classification. However, employees may perform other related duties. Not all duties listed are necessarily performed by each individual in the classification. 1. Inspection of premises for issuance of business licenses. Measures - Number of licenses issued. 2. Investigation of all types of fires. Measures - Number of investigations. 3. Code enforcement for building, plumbing, electric and related and appropriate fire codes. Measures - Number of inspections. 4. Weed abatement. Measures - Number of abatements. 5. Abatement of abandoned automobiles. Measures - Number of automobiles. 6. Writing of related reports. Measures - Number of reports written. 7. Performs related duties as assigned. Measures - Quality and quantity of additional work. 7 • 1'I CITY OF REDDING CLASS SPECIFICATION FIRE. PREVENTION INSPECTOR (Cont'd) QUALIFICATIONS: :[ Knowledge of: All appropriate Building Codes, Fire Codes, and City policies and regulations; investigation techniques; and instructor training procedures. Ability to: Interact effectively with the public and employees. Carry out all assigned responsibilities with skill, efficiency, and accuracy. Education: Any combination of training and experience that provides the required knowledge, skills, and abilities is qualifying; typical education would include a high school diploma, an Associate of Arts degree in Fire Science fry an accredited college, or equivalent, and additional course work, or training in the Uniform Building and Fire Codes. Experience: Typical experience would include three years experience in fire suppression. Special Requirements: Possession of the appropriate California driver's license, or ability to acc. ire one within ten days of appointment. Emrloyees hired after June 24, 1990 or current employees who subsequently change residence must reside within twenty-five (25) miles of the City of Redding city limit. 8 • • i � ' I�' ' :ITV Off' REDDING CLASS SPECIFICATION :'IRS CAPTAIN DEFINITION: Under direction, serves as the officer in charge of a fire company with responsibilities for the control, direction, and disciplining of company personnel, and for the care, operation, and maintenance of all property assigned to the company; directs the activities of company personnel at scenes of fire, medical emergencies and rescues. DISTINGUISHING CHARACTERISTICS: The Fire Captain is responsible for the supervision of an assigned fire company and coordination of activities of the Fire Engineers and Firefighters. The Fire Captain is distinguished from the Fire Battalion Chief in that the latter are directly responsible for the continuous supervision, management and the coordination of activities of an assigned shift of personnel. EXAMPLES OF DUTIES: NOTA: The following are the duties performed by employees in this classification. However, employees may perform other related duties. Not all duties listed are necessarily performed by each individual in the classification. 1. Responds to fire, medical, and other emergency incidents. Measures - Speed and responsiveness to the emergency. 2. Makes decisions as to methods of dealing with the emergency, including deployment of personnel and apparatus. Measures - Decisions are based on fire department rules and regulations and professional standards. 3. Directs fire suppression, rescue, first aid, and salvage operations until relieved of command by a superior officer. Measures - Direction is in conformance with department rules and regulations and proper safety precautions are utilized. 4. Plans, supervises and participates in inspections of building and installations for fire hazards, and fire safety systems as required by local, State and Federal laws. Measures - Compliance to appropriate statutes. 5. Schedules and directs station, apparatus, hose and hydrant maintenance programs. Measures - Working condition of equipment remains in working order and useful life is extended. 9 • III ((IIS „ '' CITY OF REDDING CLASS SPECIFICATION FIRS CAPTAIN (Cont'd) 6. Inspects and evaluates station personnel and maintains discipline. Measures - Employee morale and performance is maintained at a consistently high level. 7 . Instructs and drills company personnel in fire fighting and fire prevention methods, techniques, and related areas. Measures - Personnel are kept up to date on current trends and methods. 8. Plans and schedules work assignments of station, or battalion personnel. Measures - Efficient and judicious use of personnel. 9. Prepares and maintains records and reports. II Measures - Records and reports are accurate and completed in a timely fashion. 10. Performs related fire service duties as assigned. 2UALI:FICATIONS: Knowledge of: Advanced methods and techniques of fire fighting, fire prevention and emergency medical services; the operation and maintenance of fire fighting equipment, apparatus, and specialized materials; Federal, State, and City laws pertaining to fire protection; mechanical, chemical and related characteristics of a wide variety of materials, such as flammable liquids, and explosives; department rules, regulations, and policies. Ability to: Interact effectively with the public and employees. Evaluate emergency situations cal ly, quickly, rationally and determine effective course(s) of action; organize and direct the work of others, and maintain discipline and morale; train personnel; operate fire apparatus and auxiliary equipment; keep records and make reports; maintain physical fitness requirements as prescribed by the Fire Department. Education: Any combination of training and experience that provides the required knowledge, skills, and abilities is qualifying; typical education would include a high school diploma, Associate of Arts Degree in Fire Technology. Experience: Typical experience would include a minimum of five years of fire fighting experience in the Redding Fire Department. 10 • • CITY OF REDDING CLASS SPECIFICATION FIRE CAPTAIN (Cont'd) j Special Requirements: Satisfactory completion of EMT ID or First Responder D. Satisfactory completion of any 6 of the State of California Certified Fire Officer training program courses. Possession of the appropriate California driver's license, or the ability to acquire one within ten days of appointment. Employees hired after June 24, 1990 or current employees who subsequently change residence must reside within twenty-five (25) miles of the City of H Redding city limit. 11 • All June 29, 1990 EXHIBIT "C" ALCOHOL AND DRUG ABUSE POLICY City of Redding PURPOSE The purpose of this policy is to comply with the Drug Free Work Place Act of 1988 as passed by Congress. HR5210 requires that all Federal grant recipients, including cities, establish an anti-drug policy for the work place. HR5210 requires the City to: 1. Establish a drug free awareness program for repre- sented Fire employees. 2 . Publish a notice to all represented Fire employees specifying that drugs are illegal in the work place and that action will be taken for violations. 3 . Provide each represented Fire employee directly involved in the performance of a federal grant with a copy of said notice. 4 . Make employment conditional upon compliance with this policy and require the represented Fire employee to notify the employer within five working days of a conviction due to a drug related offense occurring in the work place. 5 . Notify the applicable granting federal agency within ten days of a represented Fire employee ' s conviction due to a drug related offense occurring in the work place. 6 . Sanction represented Fire employees for violation and/or require participation in a treatment program. 7 . Make a good faith effort to maintain a drug free work place by following the above requirements . In addition to the fact that such requirements are established by law, a drug free policy is appropriate in that it attempts to ensure that represented Fire employees are able to perform their duties safely and efficiently. While the City of Redding has no intention of intruding into the private lives of its represented Fire employees, it does believe that involvement with drugs and alcohol can take its toll on job performance and represented Fire employee safety. A keyelement of this policy is rehabilitation. Employees who believe they have a problem are urged to contact the Personnel Department for referral to community resources. Employees do not have to reveal their specific problem in order to take advantage of counseling services. 411 All ii Alcohol and Drug Abuse Policy Page 2 The key focus of this policy is prevention through educating represented Fire employees on the dangers of alcohol and drug abuse, and rehabilitation for those who have such problems. Any disciplinary actions will be evaluated on a case-by-case basis and shall be used as a last resort after rehabilitation efforts have failed. II POLICY It is City policy that represented Fire employees shall not be under the influence of alcohol or drugs while on duty, nor Possess alcohol or drugs while on City property, or at work locations, or in uniform, nor shall represented Fire employees sell or provide drugs or alcohol to any other represented Fire employee or to any person while such represented Fire employee is on duty, nor shall any represented Fire employee have their ability to work impaired as a result of the use of alcohol or drugs when reporting for work. While use of medically prescribed drugs is not a violation of this policy, failure by the represented Fire employee to notify his or her supervisor before beginning work when taking drugs which foreseeably interfere with an effective performance of �,. duties or operation of City equipment, can result in discipline up to and including termination. In the event there is a question regarding a represented Fire employee ' s ability to safely and effectively perform assigned duties while using such medication, clearance from the treating physician may be re- quired. Refusal to submit immediately to an alcohol and/or drug analy- sis when requested by City management or law enforcement personnel, as a result of reasonable suspicion, may constitute insubordination and may be grounds for discipline up to and including termination. Employees reasonably believed to be under the influence of alcohol or drugs shall be prevented from engaging in further City work and shall be detained for a reasonable time until he or she can be safely transported from the work site. Higher standards may be promulgated based upon specific job requirements as determined by City management. III APPLICATION This policy applies to all represented Fire employees and to all applicants for positions with the City. This policy applies to alcohol and to all substances, drugs or medications, legal or illegal, which could impair a represented Fire em- ployee' s ability to effectively and safely perform the func- tions of the job. .III • • Alcohol and Drug Abuse Policy Page 3 IV EMPLOYEE RESPONSIBILITIES A represented Fire employee must: a. Not report to work while his or her ability to perform job duties is impaired due to on-duty or off-duty alcohol or drug use. b. Not directly, or through a third party, sell or provide drugs or alcohol to any person, including any represented Fire employee while either represented i;, Fire employee or both represented Fire employees are on duty. c. Submit immediately to an alcohol and/or drug test when reasonable suspicion of alcohol and/or drug use exists on the job and when requested by a responsible City representative. d. Notify his or her supervisor before beginning work : ' when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties including opera- tion of City equipment. e. Provide within 24 hours of request bonafide verifi- cation of a current valid prescription for any potentially impairing drug or medication identified when a drug screen is positive. f . Notify the City of Redding within five working days after being convicted of any drug related offense occurring in the work place. g. Notify the appropriate first-line supervisor upon observation of another represented Fire employee whose behavior and/or physical characteristics are reasonably suspicious and harmful to himself/herself and/or others. V MANAGEMENT RESPONSIBILITIES AND GUIDELINES a. Managers and supervisors are responsible for understanding this policy and applying it without bias or prejudice. II b. Managers and supervisors must avail themselves of training on the employer' s role in handling the special problems of represented Fire employees who suffer from alcohol or drug dependency. ' c. Managers and supervisors may request that a represented Fire employee submit to a fitness-for-duty examination when there is reasonable suspicion that a represented Fire employee is impaired, and is unable to perform the job duties required in a safe and efficient manner. When doing so, the manager or supervisor is required to :Iu • All Alcohol and Drug Abuse Policy Page 4 document, in writing, the facts and circumstances leading to the reasonable suspicion that the represented Fire em- ployee was impaired and could not perform safely on the job. (Note: First-line supervisors should consult with their supervisors, department directors and Director of Personnel, and a joint decision should be made as to whether or not the represented Fire employee should undergo a fitness for duty medical examination. ) d. When there is a reasonable suspicion that the represented Fire employee is impaired, the manager or supervisor must attempt to detain the represented Fire employee until the represented Fire employee can be safely transported from the work place. If the represented Fire employee refuses to submit to the fitness-for-duty examination, or attempts to leave before safe transport can be found, the manager or supervisor shall remind the represented Fire employee :4 of the requirements and disciplinary consequences of this policy. e. Managers and supervisors shall notify their department directors or designee, when there is reasonable suspicion that a represented Fire employee may have illegal drugs in his or her possession. If the department director or designee concurs that there is reasonable suspicion of illegal drug possession, the department director shall notify the appropriate law enforcement agency. f . Department Heads and supervisors must use the reasonable suspicion standards in determining whether a fitness- for-duty examination is warranted. Examples of what could lead to a reasonable suspicion of impairment are: 1 ) slurred speech; 2) alcohol odor on breath; 3 ) unsteady walking and movement; 4 ) size of pupils and their reaction to light ; 5) an accident involving City property; 6) verbal altercation; 7) unusual behavior; 8) possession of alcohol or drugs; and 9 ) information obtained from a reliable person with personal knowledge. The above is not an exclusive list, but is used for example only. VI PHYSICAL EXAMINATION AND DRUG SCREENING PROCEDURES The drug and/or alcohol screening may test for any substance which could impair a represented Fire employee' s ability to effectively and safely perform the functions of his or her assigned job duties, including but not limited to prescription !p medications, heroin, cocaine, barbiturates, amphetamines, marijuana, and alcohol. The examination will be conducted by a licensed physician in a local medical facility. The drug testing will be conducted by a licensed toxicologist in a laboratory identified as having met all legal requirements for performing such tests. V til 410 . Alcohol and Drug Abuse Policy Page 5 Results of drug and/or alcohol analysis: a. Pre-Employment Physicals . All applicants for employment with the City of Redding are subject to drug/alcohol screening during pre-employment physicals. 1 . A positive result from a drug and/or alcohol analysis may result in postponement or denial of an applicant' s appointment where the applicant' s use of alcohol and/or drugs violate requisite job standards or could impede performance of duties or responsibilities. 2 . If a drug screen is positive at the pre-employ- ment physical, the applicant must provide bona fide verification of a valid current prescrip- tion for the drug identified in the drug screen within 24-hours after being informed of the test results, unless geographical restrictions prevent it. Further, the applicant must provide a prescription in his or her own name. Should geographical restrictions prevent local testing and/or local verification of prescription, these same requirements must be on record as having been confirmed within 24 hours at similarly licensed office( s) at or near the individual' s geographic location. The applicant is elimi- nated from the selection process if the re- quirements of this paragraph cannot be met. b. During Fit-For-Duty Examinations. 1 . A positive result from a drug and/or alcohol analysis may result in disciplinary action, up to and including discharge. 2 . If the drug screen is positive, the represented Fire employee must provide, within 24-hours of request, bonafide verification of a valid current prescription for the drug identified in the drug screen. The prescription must be in the represented Fire employee's name. 3 . If an alcohol or drug test is positive, the manager or supervisor and the Director of Personnel shall review the represented Fire employee' s record to make a determination as to the possibility of rehabilitation for the purpose of returning the represented Fire employee to his or her assignment; or, after following rehabilitation, whether to reassign the represented Fire employee or precede with disciplinary action, up to and including Iifi 411 411 Alcohol and Drug Abuse Policy Page 6 discharge. A positive test for an illegal drug will be considered impairing to the represented Fire employee' s ability to perform his or her job, and therefore the corrective provisions of '! this policy will apply VII CONFIDENTIALITY Laboratory reports or test results shall not appear in the represented Fire employee' s general personnel folder. An employee may authorize release of such information to his or her designated labor representative. Information of this nature will be contained in a separate confidential medical folder and securely kept under the control of the Director of Personnel. Reports of test results may be disclosed to the City Manager, or his designee, and the Fire Chief strictly on a need-to-know basis, and to the tested represented Fire employee upon request. Disclosures without represented Fire employee (patient) consent may also occur when: 1 . The information is compelled by law or by judicial or administrative process. 2. The information is to be used in administering an represented Fire employee benefit plan. 3 . The information is needed by medical personnel for the diagnosis or treatment of the patient who is unable to authorize disclosure. VIII APPEAL PROCESS Pre-Employment Physical Testing. Candidates whose test results indicate there are substances ipresent and render them impaired are consequently eliminated from the selection process, and may: 1 . Submit a written explanation accompanied by any substantiating documentation ( i.e. prescriptions or doctor' s or rehabilitation counselor' s recommenda- tions) within 48 hours of receiving the results. Written explanation and any attached documents will ', be reviewed by the doctor in charge of the candi- date' s examination, and a recommendation will be made to the Director of Personnel, whose decision shall be final. 2 . Request that the facility that the City of Redding has contracted with re-test the sample. The re-test will be at the applicant' s expense. If the results of the re-test contravene the results of the first test, the City of Redding will reimburse the appli- cant for the cost of the re-test. VIII f' ` • • pil Alcohol and Drug Abuse Policy Page 7 The City of Redding maintains the right to request that a third test be conducted using the same sample. In instances where the results of the second test contravene the results of the first, the results of the third test will be the deciding factor. Fit-For-Duty Examinations. Employees whose tests results are positive, and who are conse- quently facing disciplinary action may: 1 . Submit a written explanation, accompanied by any documentations justifying the substance. Prescrip- tions currently in use must be submitted within 24-hours, but the written explanation accompanied by 1 the prescription and any written recommendations submitted by a doctor or rehabilitation counselor may be submitted within 48-hours of the test results. The doctor conducting the fit-for-duty examination will review the explanation and documentation and make a recommendation to the Director of Personnel, who will forward his recommendation to the City Manager whose decision will be final. !p 2 . Request a meeting with applicable union representa- tive, supervisor and the Director of Personnel to discuss the possibilities of rehabilitation for the purpose of retaining employment with the City of Redding. Each case will be handled on an individual basis . However , the principle of offering rehabili- tation as a first resort and disciplinary action as last resort will govern. 3 . Employees may request a re-test, from the same II, sample, by the facility with which the City of Redding has contracted, at his or her own expense. If the re-test results contravene the first test results, the City will reimburse the represented Fire employee the cost of the re-test. The City of Redding maintains the right to request that a third test be conducted using the same sample in instances where the results of the second test contravene the results of the first. Results of the third test will combine with those of the first two to form the deciding factor. 4 . Probationary represented Fire employees, who are rejected during probation for substance abuse, may request a liberty hearing if they feel their reputa- tion in the community has been adversely affected. �` II i l kc4 .` Alcohol and Drug Abuse Policy Page 8 IX SUMMARY The City will conduct drug and alcohol awareness programs, presented by the Personnel Department. These programs will include prevention and detection methods, with emphasis on maintaining a drug free work place. Additionally, printed material will be given to all represented Fire employees explaining the dangers of alcohol and drug abuse. All repre • - 'i sented Fire employees will be given a copy of this policy. a:policyl.per/lt •II : I, ;r IIS I III