HomeMy WebLinkAboutReso. 1988-052 - Approving the provisions of the memorandum of understanding between the city of redding and the international association of fire fightersIrIlk
RESOLUTION NO. gg-��
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
JANUARY 24 , 1988 .
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
Understanding; 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
International 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 as Exhibit "A" 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 January 24 , 1988 .
I HEREBY CERTIFY that the foregoing Resolution was
introduced and read at a regular meeting of the City Council of
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111 411
the City of Redding on the 2nd day of February, 1988 , and was
duly adopted at said meeting by the following vote:
AYES : COUNCIL MEMBERS : Carter, Fulton , Gard , Johannessen , & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS : None
ABSTAIN: COUNCIL MEMBERS: None
1:=7ri) f
JMIKE HL, Mayor
City of Redding
ATTEST: FOR PPROVED:
I f
ETHEL A. NICHOLS, City Clerk RADALL A. HAY , City Attorney
-2-
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Mir
MEMORANDUM OF UNDERSTANDING
Between
THE DESIGNATED REPRESENTATIVES OF THE CITY OF REDDING
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
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:
1988 to be effective January 24, 1988
4 �►
TABLE OF CONTENTS
Article Page
1 Preamble 1
2 Recognition 3
3 Union Security 3
4 Grievance Procedure 4
5 Safety 6
6 Disability and Unemployment 6
7 Employee Status 7
8 Wages and Classifications 8
9 Hours and Overtime 10
10 Seniority 11
11 Promotion and Transfer 12
12 Demotion and Layoff 12
13 Leave of Absence 13
14 Expenses 14
15 Sick Leave 14
16 Funeral Leave 15
17 Holidays 16
18 Vacations 17
19 Uniforms 19
20 Miscellaneous 20
21 Employee Benefit Programs 21
22 Entire Agreement 23
23 Term 23
NOTE
Additions , amendments , changes to this Memorandum of Understanding,
effective January 24 , 1988 , or thereafter, are underlined, deleted
language is lined out .
! S
MEMORANDUM OF UNDERSTANDING
THIS MEMCRANDUM 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
Section 3501 (c ) of Chapter 10 of Division 4 of Title 1 of the
Government Code of the State of California) , hereinafter referred to
as the City, and the designated representatives of LOCAL UNION 1934
of INTERNATIONAL ASSOCIATION CF FIRE FIGHTERS, affiliated with the
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 :
i 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
purposes of the foregoing, the City will
provide pagers to all
employees 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
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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
cooperate in promoting and advancing the welfare of City and in
preserving 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
procedure except , however , grievances may be filed upon interpreta-
tions of the provisions of this Memorandum of Understanding other .
1 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-
forming any and all work, the control of the property and the compo-
sition , assignment , direction and determination of the size of its
working 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
bargaining process through mediation.
2
Aft
IMP
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
classification 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 1934 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 .
2 . 6 Joint Union-Management meetings shall be held as often as
agreed upon by Union and Management . The purpose of these meetings
shall be to promote harmony and efficiency and to improve communica-
tions between employees and all levels of management . The meeting
agenda shall be determined by those in attendance and there shall be
no restrictions on the subject matter ; provided , the meetings shall
not substitute for normal grievance procedures or for formal negoti-
ations between the parties . Those in attendance shall consist of
the Union 's Negotiating Committee, the City 's Fire Chief, the City 's
Director of Labor Relations and such other management personnel as
determined by the Director of Labor Relations . The meetings shall
be summarized in written minutes . Except that the provisions of
this Section shall be observed , the meetings shall be self-
organizing.
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-
3
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dance with the provisions of Section 1157. 3 of the Government Code
of the State of California.
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 1932, , I .A.F.F . , P . 0. Box
1118, 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 Cicy shall provide all new employees with Union mem-
bership application forms, payroll deduction authorization forms and
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
4. 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 immediate Supervisor directly involved ,
Po€ €s4en- ez -ep- -Mead--a43.--aff43ea el 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 The-4441.g. steps steps may be
supplemented by written presentations as well as the oral discus-
sions 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
8€peetep-a€- La4ev- Pe4.a-tions , who shall answer within ten ( 10) days .
This step shall be taken within ten ( 10) days of the date of the
8epaptmeat-Heaths 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
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Labor Relations , 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 . 54 Step Four Thpee : If a grievance is not resolved in the
third seeen4 step , the fourth bh€p4 step shall be the presentation
of the grievance , in writing, by the Labor Representative or his
designated representative to the City Manager, who shall answer, in
writing, within ten ( 10) days. The fourth thiPd step shall be taken
within ten ( 10) days of the date of the answer in Step Three Twe.
4 . 65(a) Step Five Feep : If a grievance is not resolved in the
fourth th Fid step, the fifth €eupth step shall be referral by
either the City, or the Union , to arbitration . The fifth €eepbh
step shall be taken within twenty (20) days of the date of the
answer in Step Four Thpee.
4. 65(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 Concilia-
tion 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 compensation 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 arbi-
tration proceedings.
4. 65(c) The Arbitrator shall hold such hearings and shall
consider such evidence as to the Arbitrator ib appears necessary and
proper . If practicable , the first hearing should be held within
ninety ( 90) days of the date of referral to arbitration. The deci-
sion 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 any way add to, disregard or modify any of the provisions of
this Memorandum of Understanding.
4 . 76 Failure by the Union e4bhep--.tom to meet any of the
aforementioned time limits as set forth in Section 4.2, 4 . 3 , 4 . 4 , or
4 . 5(a) ep- ,-E{-r-) will result in forfeiture by- ,h$-€a 1-mpg-.pavt.y.
Failure by the City to meet any of the aforementioned 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 pro-
cedures . 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.
5
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14. 87 Notwithstanding the aforementioned procedure , any individ-
ual employee shall have the right to present grievances to the City
and 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 .
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 ,
eliminating hazardous conditions and familiarizing employees with
safe work procedures and applicable State Safety Orders and for
training in first aid.
ARTICLE 6
Disability and Unemployment
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
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-
cian 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
fellow employees , or to his own permanent health.
6 .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, may---n-o-von 4r-at-4,hai-r--ap44aar-ga .a4a444
6
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the412 shall receive group insurance coverage during the period in
which they are receiving temporary disability compensation for up to
a maximum of a cumulative total of five (5) years at the City 's
expense pPei d ag-the-empleyee-pays-h s-agape-a€-the-meathIy-paeffi tm
tie-the-444 y- a-- ed di g=oo--Gn-- �eP.e the-€41:e4-44-y--o-f-t -€ee
wh els-ire--paea4am-i-$--intended. Holidays which occur during the
period for which an employee is receiving temporary disability com-
pensation shall not be recognized by such employee for compensation
purposes .
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
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 . Notwithstanding any other
provision of 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 purpose of enabling a more extensive review and
evaluation of a probationary employee prior to his attaining perma-
nent 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
eligibility 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.
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ARTICLE 8
Wages and Classifications
8 . 1 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 clas-
sification . An employee may, however , be paid a wage rate above the
lowest wage rate if circumstances justify it . When an employee is
promoted appe aced to a classification which has a wage range over-
lapping the wage range of his previous classification, he shall be
paid at the wage rate of the classification to which he is being
promoted appe4ated 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 appe aced. When an employee is demoted to a classi-
fication 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 . After thirteen
( 13) full pay periods of employment at Salary Step 1 , an employee
shall be advanced to Salary Step 2 . After twenty-six (26) full pay
periods of employment at Salary Step 2 , an employee shall be
advanced to Salary Step 3 . After twenty-six (26) full pay periods
of employment at Salary Step 3 , an employee shall be advanced to
Salary Step 4 . After twenty-six (26) full pay periods at Salary
Step 4 , an employee shall be advanced to Salary Step 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 . 2 Wages shall be paid at bi-weekly intervals on Thursdays at
the end of the employee 's work period, after 12:00 Noon Ff4 days 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 com-
pensation 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
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
and the duration is less than four (4) hours . When an employee is
temporarily 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
8
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rate , but not more than the top wage rate of the temporary classifi-
cation.
8. 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.
8 . 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.
8 . 6(a) Attached hereto and made a part hereof is Exhibit "A"
titled "Schedule of Wage Rates. "
8. 6(b) Effective June 26 , 1988 3AT-4985, wage rates shall be
increased by one percent ( 1%)-aa4- a44-- e-- eI-eqr -a.j•4atred-at-the
pate-a€-eght-tea4 is-o€•- r te A )-fin-eac4-one-pepeeat-44%4.
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baser-49etwees-#.mo-rrri, -ae111bep-€ep-44241-4 98)1 rid- 1&- r e*-atiffibep
€ep-May-4985 .
8. 6(c ) Effective June 25 , 1989 299T-4966, wage rates shall be
increased by one percent ( 1%) and shall be further adjusted at the
rate of eight tenths of one percent ( . 8%) for each one percent ( 1%)
of 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 1988 Nay-49 and the index number
for May 19896 . Except , however , wage rates shall not be increased
more than nine percent ( 9%) , as set forth above.
• 8 . 7 Attached hereto and made a part hereof is Exhibit "B"
titled "Job Definitions . "
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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 . 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
Y- period
4duty-eyeie.-shall-be is defined to consist of twenty-four (24) con-
secutive calendar days from 8 :00 a.m. to 8 : 00 a.m. twenty-four (24)
days later , and each succeeding twenty-four (24) consecutive calen-
dar day period thereafter . For "A" shift the first work period
began will--be•g3.-n at 8 :00 a .m. on January 11 , 1987 4-. i#A.c 4. .g
thensen and ended at 8 : 00 a.m. on February 4 , 1987. For "B" shift
the first work period began at 8 :00 a.m. on January 14, 1987 fen-ngn
shift 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 and January 12 , 1987 €en-11611
shift and ended at 8 :00 a.m. on February 5 , 1987. 4See-attaehed-Ex-
] hitit-4 The basic work period is defined to consist The-4u.t,y
eyele-shall-be-ina4e-op of eight (8) twenty-four (24) hour work days
in each ditty-shifts-pen twenty-four (24) day work period eyele. The
work period and basic work periods as established during January
1987 and set forth above , will not be changed without mutual agree-
ment . The City maintains the right to move individual employees
from one platoon to another for the good of the service as deter-
mined by the Fire Chief. The-4aty-4yol - 'rl-i--tom-soape aed-a€-eee
hundred-eighty-4ws-414 kn$--sc-atnaigkt-Od e- r�i-firms 444-kerma
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espieyee-;414- 4*--e-ii0 -(44-shifts-de-e bw—e.n.4—f ry--( --day -wehk
peniedT--Because-e€-this-vaniatien-fPes-enc-444-bi-weekly-pay-penied
te-aaethe•n7- 4t,w-entry—fo.u41- 2.14-hear-e id t--em.p4.05 44-1-l--to-paid
en-a-bi-weekly-basis-ascending-te-th s-hetniy-nate-4see-Exhibit-nAn3
tiles-t.w{}--4h is r4-nine- ad-re41--ars&-twelve-4-241.2.)--(orf- y—a-r -4563
hours-tiles-€i€ty-twe-4524-weeks4-divded-by-the-nwahen-e€-gay-peri-
eds-in-a-yeah-4nenmaiiy-twenty-sim-426444
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
10
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 c: a non-workday , (d)
time worked outside of regular hours on a workday, and (e ) time
worked on a holiday. Overtime shall be computes to the nearest one-
quarter ( 1/4) hour .
9 . 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 pegwlae y- d--tina. 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 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
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-
time compensation only for the actual time worked .
9. 6 Overtime shall be distributed as equally as is practicable
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 off during 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
continuity of his service will be deemed to be broken by termination
of employment by reason of ( 1 ) resignation, (2) discharge for cause ,
( 3) layoff for more than six (6) consecutive months , (4) failure to
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
( 5) workshifts or five (5) workdays , as applicable . Continuity of
11
411 411
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
T4uard , (c ) absent due to industrial injury, (d) on leave of absence ,
r (e ) absent due to layoff for a period of less than six ( 6) con-
s ecutive months .
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 Lieutenant or Fire
Captain shall be posted at least thirty ( 30) days in advance of the
1 written test.
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 .
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-
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
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 .
11 . 4 Management may consider requests for transfer from one
station to another.
ARTICLE 12
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
employees 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-
cation and if his seniority is greater than that of the employee in
the lower paid classification.
12
411 410
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 .
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
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.
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
13
411 410
•
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
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
due to : (a) the inability of an employee to be present or perform
his duties because of personal illness, off duty injury, or confine-
ment 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
14
410 411
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 hours , reduced by the amount of
any bonus vacation hours the employee has previously received pur-
suant to section 18. 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.
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
are 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
15
•
S 410
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
cff 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
who are regularly scheduled to work on Sunday other than on an over-
time basis . Employees who are regularly scheduled to work on
Sundays shall observe such holidays on Sunday. If any of the fore-
going holidays falls on a Saturday, the preceding Friday shall be
observed as the holiday, except by those employees who are regularly
scheduled 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 regularly 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 sched-
uled . Notwithstanding the foregoing an employee may observe his
birthday holiday on his birthday or anytime during the pay period in
which the birthday occurs, or the holiday may be deferred and sched-
16
s •
uled as vacations 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
tc 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 c4t1=1 -4,h�i --Pegalap- wago -pate without
regard for when holidays occur nor whether or not an employee actu-
ally works on any holidays and regardless of the number of holidays
other City employees observe . Such holiday compensation shall be at
the rate of ninety-six ( 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 . Changes illus-
trated in this section shall be effective December 1 , 1988. HeI 4ay
eempensati.ea-45--4ee4. 4e4--14 44-r4-4 -tweety-€cep--F2-44-4o�Z-r--sly €t
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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
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
approximately three (3) weeks per year after four (4) years of
service. )
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
17
•
•
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 . )
18 . 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) 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.
18. 2 In each of the first five (5) calendar years , except for
the first calendar year , following his employment date an employee
who has used twenty-four (24) hours or less of paid sick leave in
the preceding year shall be entitled to eight (8) hours of bonus
vacation in addition to any vacation allowance the employee is enti-
tied to as set forth in Section 18 . 1 . In the tenth ( 10th) calendar
year following an employee 's employment date and in each fifth (5th)
calendar year thereafter an employee who has used one hundred twenty
( 120) hours or less of sick leave during the five preceding calendar
years shall be entitled to forty ( 40) hours of bonus vacation in
addition to the vacation allowance the employee is entitled to as
set forth in Section 18 . 1 . The bonus vacation , as herein provided ,
vests on the first day of each year in which an employee qualifies
for a bonus vacation . An employee acquires no right to all or any
part of the bonus vacation unless such employee works in the calen-
dar year in which it is granted . Notwithstanding the foregoing the
hours of sick leave usage and the hours of bonus vacation for 24-
hour shift employees shall be modified as necessary to establish the
same ratio for 24-hour shift employees 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.
18. 3 Vacation cannot be accrued while an employee is in a non-
pay status.
18