HomeMy WebLinkAboutReso. 1984 - 229 - Approving the provisions of the memorandum of understanding between the city of redding and the international association of fire fighters • I
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RESOLUTION NO. Sy-../...2.7
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 ASSOCIA-
TION OF FIRE FIGHTERS, LOCAL UNION 1934 , EFFECTIVE OCTOBER
7, 1984 .
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 Interna-
tional 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 refer-
ence; and
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 October 7 , 1984 .
I HEREBY CERTIFY that the foregoing resolution was intro-
duced and read at a regular meeting of the City Council of the
City of Redding on the 15th day of October , 1984, and
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was duly adopted at said meeting by the following vote:
AYES: COUNCIL MEMBERS: Demsher, Fulton, Gard, Pugh, & Kirkpatrick
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
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411:7„el-- )—&."2,0
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WARD D. KIRKPATR CK, Mayor
City of Redding
ATTEST:
ETHEL A, NICHOLS, City Clerk
FORM APPROVED:
RA7 ALL A. HAYS, City Attorney
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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 , 1984 to be effective October 7, 1984
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TABLE OF CONTENTS
Article Page
1 Preamble 1
2 Recognition 2
3 Union Security 3
4 Grievance Procedure 4
5 Safety 5
6 Disability and Unemployment 5
7 Employee Status 6
8 Wages and Classifications 7
9 Hours and Overtime 8
10 Seniority 10
11 Promotion and Transfer 10
12 Demotion and Layoff 10
13 Leave of Absence 11
14 Expenses 12
15 Sick Leave 12
16 Funeral Leave 13
17 Holidays 13
18 Vacations 15
19 Uniforms 16
20 Miscellaneous 17
21 Employee Benefit Programs 18
22 Entire Agreement 19
23 Term 19
NOTE
Additions, amendments, changes to this Memorandum of Understanding, effective
October 7, 1984, or thereafter, are underlined; deleted language is lined out.
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MEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING, made and entered into this 26th day
of June, 1974, by and between the designated representatives of the CITY OF
REDDING (a public agency as defined in Section 3501(c) of Chapter 10 of Divi-
sion 4 of Title 1 of the Government Code of the State of California) , hereinaf-
ter referred to as the City, and the designated representatives of LOCAL UNION
1934 of INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, affiliated with the Ameri-
can 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 adjust-
ment 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 discriminate 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 municipality 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 collec-
tively to engage in such activities and shall make a reasonable 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.
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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 recognizes 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 e4ther the grievance procedures-or-t- e -feet}eg-eR4
eenferr4-pg-4ia--goods-fa-i-t -preeess--prev4ded-ftw- -t-# -14eyews--Poi-1-i-es--Bic a-Aet;
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 illustration 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
performing any and all work, the control of the property and the composition,
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 estab-
lished procedures, rather than to use any other method or forum such as appeals
directly to the news media or the City Council for resolution of problems or
disputes between the parties prior to the completion of the grievance procedure
through arbitration or the bargaining process through mediation.
ARTICLE 2
Recognition
2.1 The City recognizes the Union as the "Majority Representative" of all
employees of the City Fire Department who hold a classification listed on
Exhibit "A" of this Memorandum of Understanding. The provisions of the Memo-
randum of Understanding hereinafter set forth shall apply only to those employ-
ees of the City of Redding for whom Local Union 1934 of International Asso-
ciation 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
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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 official Union business.
2.4 The City and the Union will not interfere with, intimidate, 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 representation 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 communications 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
negotiations 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 membership dues of
employees who are members of the Union and who individually and voluntarily
authorize such deductions in writing in accordance 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 1934, 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 City shall provide all new employees with Union membership applica-
tion 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.
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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 Wii4em-Pfes44ent and the
immediate Supervisor directly involved, Division Head or Department Head as
applicable, 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 YH4ee--P-r-es-i-dent. The foregoing steps may be supplemented by
written presentations as well as the oral discussions 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 eR s--# i t.-e.r Labor
Representative or his designated representative and the Director of Labor
Relations , who shall answer within ten (10) days. This step shall be taken
within ten (10) days of the date of the Department Head's answer in Step One.
4.4 Step Three: If a grievance is not resolved in the second step, the
third step shall be the presentation of the grievance, in writing, by the
dR4eA s-P+'e€44-ehi -.or Labor Representative or his designated representative to
the City Manager, who shall answer, in writing, within ten (10) days. The
third step shall be taken within ten (10) days of the date of the answer in
Step Two.
4.5(a) Step Four: If a grievance is not resolved in the third step, the
fourth step shall be referral by either the City, or the Union, to arbitration.
The fourth step shall be taken within twenty (20) days of the date of the
answer in Step Three.
4.5(b) An Arbitratori-en--B.oar-i shall be appointed on each occasion that a
grievance is submitted to arbitration. The-Arb4twat4eR-Beard-sha44-be-eeIgesed
of-ens 414-fefbew-apps}Rted-by-the-64ty3-eRe 41 -fembew-apps}Hted-by-Wr4erT-and
a-t44rd-ifleffter=-c-.o. -14y-fetaa1-agfeeff►eflt--o-f--the-G}ty-a+1d-4l1 .---St+c-N-tb}rd
mefber-6#9aaa--a-e-t-a-G-414e-i-r-maw-of-the-Arb4tratiee-gea+d: In the event the City
and Union are unable to agree on the selection of an Arbitrator Gha}wfaA-of-the
Arbftratlen- Boa-rl, they shall request the State of California Mediation and
Conciliation Service, to nominate five (5) persons to be the Arbitrator few
Gha}wfaH. 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 Gha4rman--ef--the
AwbitwatleH-Beard, and his compensation and expenses shall be borne equally by
the City and Union. The City and Union shall pay the compensation and expenses
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of their respective appointees and witnesses. At Union's request the City
shall release employees from duty to participate in arbitration proceedings.
4.5(c) The Arbitrator}eh-Beard shall hold such hearings and shall consider
such evidence as to it appears necessary and proper. The first hearing should
sha44 be held within ninety (90) days of the date of referral to arbitration.
The majer4ty decision of the Arbitrator4en-Read 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.
4.6 Failure by either party to meet any of the aforementioned time limits
as set forth in Section 4.2, 4.3, 4.4, 4.5(a) or 4.5(c) will result in forfei-
ture by the failing party. 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 Under-
standing, nor shall such settlements be cited by either party as evidence in
the settlement of subsequent grievances.
4.7 Notwithstanding the aforementioned procedure, any individual employee
shall have the right to present grievances to the City and to have such griev-
ance adjusted without the intervention of Union, provided that the adjustment
shall not be inconsistent with this Memorandum of Understanding, and provided,
further, that Union's President or his designated representative 6abeF
Represehtat}ve shall be given an opportunity 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 their performance.
5.3 Regular safety meetings will be held bi-monthly for the purpose of
reviewing accidents and preventing their recurrence, eliminating hazardous con-
ditions 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 disability 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 employ-
ee shall be compensated at the then current rate of pay of his regular classi-
fication while engaged in such temporary duties. The City may require an
employee requesting to return to work after an absence caused by disability or
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illness to submit to a medical examination by a physician or physicians
approved by City for the purpose of determining that such employee is physi-
cally and mentally fit and able to perform the duties of his position without
hazard 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 insurance coverage
shall be maintained while a regular employee is absent from work as a result of
a job related disability and receiving Workers' Compensation temporary disabil-
ity 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 benefits 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 nevertheless, at their option,
maintain their 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, providing the employee pays his share of the monthly
premium to the City of Redding on or before the first day of the month for
which the premium is intended. 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.
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 probationary 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 preferen-
tial consideration for promotion or transfer or be eligible for a leave of
absence. Upon completion of one (1) year of continuous 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 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
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coverage, retirement plan participation 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-
gibility 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 employee shall be given the status of a probationary employee.
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 classification. An employee may, however, be
paid a wage rate above the lowest wage rate if circumstances justify it. When
an employee is appointed 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 appointed, which is next higher
to his present wage rate, but not more than the topwage rate of the classi-
fication to which he is appointed. 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 of employment 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 Fridays for a pay period
ending no earlier than the preceding Saturday. If a pay day falls on a holi-
day, payment shall be made on the preceding workday. 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.
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 estab-
lished 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 rate, but not more than the
top wage rate of the temporary classification.
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.
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8.5 For purpose of wage rate progression in a temporary classification, the
time worked by an employee in other than his regular classification shall also
be accrued in such temporary classification.
8.6(a) Attached hereto and made a part hereof is Exhibit "A" titled
"Schedule of Wage Rates."
8.6(b) Effective June 30, 1985, 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 and Clerical Workers,
All U. S. Cities, 1967 base, between the index number for April , 1984 and the
index number for May, 1985.
8.6(c) Effective June 29 , 1986, wagerates 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 (1%) of change in the Bureau of Labor Statistics Consumer
Price Index for Urban Wage Earners and Clerical Workers, All U. S. Cities , 1967
base, between the index number for May, 1985 and the index number for May,
1986.
8.7 Attached hereto and made a part hereof is Exhibit "B" titled "Job
Definitions."
8.8 In lieu of a salary increase to be effective with the pay period
beginning July 3, 1983, the City will pay an amount equal to 2.74% of the
payroll for all City employees covered by this Memorandum of Understanding,
into a trust account held by the City to be used for the sole purpose of
defraying the cost of any future negotiated employee benefit improvements.
Even though no individual employee has a vested right to any portion of the
trust account, if an employee's employment in a position covered by this
Memorandum of Understanding is terminated prior to the effective date of any
new employee benefit programs to be funded by the trust account, the employee
will receive a cash payment from the City equal to 2.74% of his earnings from
July 3, 1983 to the date of termination, plus interest in a reasonable amount.
If no agreement between the parties is reached before June 28, 1987 relative to
the use of the trust account funds, all funds with interest at a reasonable
amount shall then be distributed to the employees covered by this Memorandum of
Understanding on that date. The proportion of the trust account applicable to
each employee shall be equal to 2.74% of the employee's salary during the
period of employment in which trust account funds were established.
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.
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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 basic
workweek may begin eA-aRy-day-434-444e-week-or 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-eight (28) consecutive calendar days , from 8:00 a.m. Sunday,
December 29, 1974, to 8:00 a.m. Sunday, January 26, 1975, and each succeeding
twenty-eight (28) consecutive calendar day period thereafter. The basic work
period is defined to consist of ten (10) workdays of twenty-four (24) hours
each. The basic work period may be arranged in any manner during the work
period as determined by City Management. This is not to be construed as a
restriction on the City from establishing any basic workweek or work schedule
as it desires. Effective until July 1, 1975, the basic work period of ten (10)
twenty-four (24) hour tours of duty in each twenty-eight (28) consecutive
calendar day work period will not be reduced.
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) time worked outside of regular hours on a
workday, and (e) time worked on a holiday. Overtime shall be computed to the
nearest one-quarter (1/4) hour.
9.3(b) For twenty-four (24) hour shift employees, overtime is defined as:
(1) time worked fighting a fire after callback from a non-work shift status;
and (2) time worked in excess of two hundred forty (240) hours in a work
period. Time worked as used herein shall include time absent with pay such as
vacation, sick leave, emergency leave, etc. , but shall not include time worked
as a result of a voluntary shift trade. 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) twe-{2} 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 immediately following the end of his regular shift he shall be paid
overtime compensation only for the actual time worked.
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9.6 Overtime shall be distributed as equally as is practicable among those
employees who are qualified and available and who volunteer 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 determin-
ing 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) consecu-
tive months, (4) failure to return immediately on the expiration of a leave of
absence or acceptance 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 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) consecutive months.
ARTICLE 11
Promotion and Transfer
11.1 All promotions and transfers 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 written test.
11.2 Seniority shall not be used as the sole criteria for promotions.
Employee evaluations, job performance, test results, and ability, alongwith
other established criteria, will be used for the purpose of seecting
applicants for promotion to a higher classification.
11.3 All appointments filled by promotion of a City employee shall be on a
probationary basis for one (1) year. At any time during the probationary
period the City may terminate the appointment. If an appointment is terminat-
ed, 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
consider 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.
-10-
•
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 eliminated may elect to
displace an employee in a lower paid classification if qualified to perform the
duties of the lower paid classification and if his seniority is greater than
that of the employee in the lower paid classification.
12.3 Regular employees who are laid off will be given preference 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 disability 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 termination 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 reinstated 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 a 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.
-11-
13.5 If an employee fails to return immediately on the expiration 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 insurance 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 Depart-
ment 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 maximum 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 distance 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 employees 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 confinement for medical treatment; (b)
personal medical or dental appointments, which are impractical to schedule
outside of regular working hours; (c) the need to be present during childbirth,
surgery, critical illness or injury involving members of the immediate family
as defined in 16.1, for up to eight (8) work hours per incident. Notwithstand-
ing the foregoing eight (8) hour limitation, sick leave with pay shall be
-12-
granted to the twenty-four (24) hour shift employees 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 physical-
ly fit and able to perform the duties of his former position without hazard to
himself, 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 pursuant 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 retirement 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 probationary employees
who are absent from work due to the death of a member of the employee's "imme-
diate family" shall receive compensation at the regular rate of pay for the
time necessary to be absent from work, but not to exceed forty (40) work hours.
"Immediate family" 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. Notwith-
standing 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. Notwith-
standing 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
-13-
•
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) E'ebFwaFy-1207-kHewR-as "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) The-seeemd-Meeday-4R-Qetebel;-kRewn-as "Columbus Day."
(i ) Nevefber-1107-keewR-as "Veterans Day."
(j) Thanksgiving.
(k) Friday after Thanksgiving.
(1 ) The last four (4) work hours before Christmas
(1m) December 25th.
If any of the foregoing holidays falls on a Sunday, the Monday following shall
be observed as the holiday, except by those employees who are regularly
scheduled to work on Sunday other than on an overtime basis. Employees who are
regularly scheduled to work on Sundays shall observe such holidays on Sunday.
If any of the foregoing 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
scheduled. 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 scheduled as vacations are normally
scheduled. The holidays known as Lincoln Day, Columbus Day, and Veterans Day
-14-
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 addition 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 within their regular wage rate without regard for when holidays
occur nor whether or not an employee actually works on any holidays and regard-
less of the number of holidays other City employees observe. Holiday compen-
sation is included within the twenty-four (24) hour shift employees' regular
wage rate as a result of the necessity for firemen to be scheduled for work at
any hour of the day and at any day of the year.
ARTICLE 18
Vacations
18.1(a) Regular and probationary employees of the City shall accrue vaca-
tions 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 hundred sixty-fourth (364th) full pay
period of employment. (Accrual rate approximately three and one-half (32)
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 hundred 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 hundred twenty-fourth (624th) full pay
-15-
4110 •
period of employment. (Accrual rate approximately four and one-half (42) 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 entitled 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 calendar year in which it is granted. Notwithstanding tide 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. 4Effeet4ve-January-17-19837}
18.3 Vacation cannot be accrued while an employee is in a non-pay status.
18.4 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 requesting 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
consideration in the selection of their first choice vacation period.
18.5 The City shall not require an employee to take his vacation in lieu of
sick leave or leave of absence on account of illness.
18.6 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.
18.7 Employees whose employment with the City is terminated for any reason
shall , at the time of termination, receive any unused vacation period previous-
ly earned.
-16-
ARTICLE 19
Uniforms
19.1 The uniform allowance of $334.00 w194eb-45- esefitay-43,7-5-.-10 per year}
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.
19.2 The City shall pay the reasonable cost of repair or replacement of
uniforms, e5- glasses, watches, or other personal property 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.
ARTICLE 20
Miscellaneous
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, photocopies 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 con-
clusions with respect to the employee evaluation report shall have the right to
review such evaluation report with the City's Director of Personnel Services
6abei --Rel-a-ti-on.s and, upon request, shall have the right to have a Union
representative present.
20.4 All shift trades shall be consummated within a three hundred sixty-five
day period. In the event an employee's employment is terminated prior to his
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 proposed 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 Labor
Relations 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.
-17-
• •
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 reimburse 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.
Fire-DepartieAt-rb;es-and-regulat4.eAS-shal4-be-updated-pr4er-te-dupe-3A;-1983-
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 Under-
-standing shall be assigned to any station. Furthermore as long as the City
maintains a minimum staffing level of four (4) employees at Station Number One
no less than three (3) employees covered by this. Memorandum of Understanding
shall be assigned there.
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-five (55) ; normal retirement age
fifty-five (55); one (1) year's compensation in formula; 1959 Survivors Bene-
fits; Post-Retirement Survivors Allowance; credit for unused sick leave; fifty
percent (50%) ordinary disability benefit; City pays seven (7%) three-percent
(.3% of employee' s cost; and military service credit. €ffeet#ve-aa4y-1&;-4 2
the-C4ty-w444--pawpereen-1-(-6.%.)--&-f each-c-e�ewed-er pl-eyee-s-regel•ar-wages-en
his--be#�l�-aec#-�+a-�-its-e€--a--pest}erg-o-f--Fri-s -�ege��e�--pe-yt�t•-te-�-be--Ra���e
€fpl•eyees'--Ret4Te ►e ►t- etir.---gffeet}ve-4414y-3-,--I.943-the- i fir-- i•1-1--4nerease
its-payfent-te-seaep-pereent 47%47--Effeet}Ye-i'mfed4ately-the-G4ty-w414-beg4n
the-}penes- �r- the-agweemeet-between-the-Ea-ty--o-f-41edd-illi-arid-the-PabT4e
Efp4eyeesl- tipe+ en-t-Systei--Ery--fevekaeg--th.e-forow-i-s-i.e.ns--ef-4ue nmetrt-cede
Seet}en--.{3 44-pfespeet4ve4y--and-edd-i+ig--Governrl+net-;ede--Beet}en--213 --wh}eh
prev4des-fef-e-4i4e4141-4 -pe c-erat -(3G%).--}nerease--41-4 e--1 .4- ewe-Bene-
f4ts: Effective June 29, 1986, the City will amend the agreement between the
City of Redding and the Public Employees' Retirement System by converting from
the two percent at age fifty-five (2% at 55) formula to the two percent at age
fifty (2% at 50) formula. Upon the date of implementation of the two percent
at age fifty (2% at 50) retirement benefit formula, the provisions of Section
8.8 shall be deleted from this Memorandum of Understanding and shall be of no
further force nor effect. All funds held in the trust account established by
Section 8.8 shall on that date be transferred to the City's general fund for
the .ur.ose of defra in. the Cit 's cost of the new retirement benefits.
21.2(a) Group Insurance: All regular employees and all probationary employ-
ees are eligible to participate in a group insurance benefit program effective
the first day of the-teeth-4b44.ow-i+rg employment. The City shall pay the full
cost of the program for both employee and dependents. The major elements of
the group insurance benefit program are:
-18-
i .
1-
(1) Life Insurance: Twice annual salary for employee, $3000 for employee's
dependents.
(2) Health Benefits: $100 deductible per person per year except for acci-
dents which shall have none; 80% payable for first $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.C.R. ; normal typical exclusions and limitations.
(3) Dental Benefits: No deductible and 100% of U.C.R. for prevention; no
deductible and fifty (50) percent up to fifteen hundred dollars ($1507
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 six (6) months 60% of employee's salary
integrated with all other income benefits payable to age 65. For those
employees who decline 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.
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. Pay-
ments by the City will be discontinued upon the death of the retiree or upon
termination of group medical insurance coverage. The City will not contribute
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. Notwithstanding the foregoing, the City may increase its
contribution to the retirees' group insurance premium or improve Public Employ-
ees' Retirement System benefits during the term of this Memorandum of Under-
standing.
ARTICLE 22
Entire Agreement
22.1 The parties acknowledge that during the negotiations which resulted in
this Memorandum of Understanding each had the unlimited right and opportunity
to make demands and proposals with respect to any subject or matter not removed
by law from the scope of negotiations, and that the understandings and agree-
ments arrived at by the parties after the exercise of that right and oppor-
tunity are set forth in the Memorandum of Understanding. Therefore, the City
and 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 specifically referred to, or covered in this Memor-
andum 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
-19-
1 ' . .. ' /
tithe 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.
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, 1987 1984, 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 ex-
piration date of any year thereafter, except, however, that the amendments
scheduled to be effective on October 7, 1984 JuTy-43-,---148.3, and thereafter,
shall only become effective with approval of the City Council of City. Not-
withstanding 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 by giving written notice to the
Union reopen negotiations on the subject of establishing procedures for off-
duf'y employee response necessary to meet the public's need for fire protection
service.
23.2 Whenever notice is given for changes, the general nature of the 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 con-
flict; the balance of this Memorandum of Understanding, however, shall remain
in ' full force and effect. The parties may, however, by mutual agreement,
reopen negotiations on the impact of any conflict.
-20-
S •
IN WITNESS WHEREOF, the parties have executed this Memorandum of
Understanding as of the day and year first above written.
s/ William Brickwood s/ Boyd M. Wilson
William Brickwood Boyd M. Wilson, President
City Manager Redding Fire Fighters
City of Redding Local 1934, I.A.F.F.
s/ Robert E. Courtney s/ Jerry D. Elder
Robert E. Courtney Jerry D. Elder
Assistant City Manager Redding Fire Fighters
City of Redding Local 1934, I.A.F.F.
s/ Charles R. Reynolds s/ Raymond E. Mills
Charles R. Reynolds Raymond E. Mills
Director of Personnel Redding Fire Fighters
and Labor Relations Local 1934, I.A.F.F.
City of Redding
s/ Lawrence G. Wade
Lawrence G. Wade
Fire Chief
City of Redding
Approved as to form:
s/ Earl D. Murphy
Earl D. Murphy
City Attorney
City of Redding
-21-
s •
EXHIBIT "A"
SCHEDULE OF WAGE RATES
Effective October 7, 1984
Step 5
Hourly Pay Rate Monthly
Salary Step Equivalent
1 2 3 4 5
Firefighter-Engineer I $6.35 $6.69 $6.98 $7.35 $7.72 $2,015
Firefighter-Engineer II 6.98 7.35 7.72 8.12 2,119
Fire Prevention Inspector 7.99 8.38 2,187
11.99* 12.57* 2,187
Firefighter-Engineer III 8.12 8.53 2,226
Fire Lieutenant 8.96 2,339
Fire Captain 9.40 2,453
*40-hour week
All other rates are for a 60-hour week.
• • 4
IN WITNESS WHEREOF, the parties have executed these Amendments to
the Memorandum of Understanding on the day of October, 1984, to be
effective October 7, 1984.
Robert E. Courtney Bob Roberts
City Manager Labor Representative, California State
City of Redding Firemen's Association, Inc.
Charles R. Reynolds William R. Kent, President
Director of Labor Relations Redding Fire Fighters
City of Redding Local 1934, I.A.F.F.
K. A. Erichsrud Kenneth R. Pierce, Vice President
Fire Chief Redding Fire Fighters
City of Redding Local 1934, I.A.F.F.
Walter H. Henrich Thomas J. Rawson, Secretary-Treasurer
Assistant Fire Chief Redding Fire Fighters
City of Redding Local 1934, I .A.F.F.
Donald L. Kemp Alvin J. Reeder, Negotiating Committee
Assistant Fire Chief Member, Redding Fire Fighters
City of Redding Local 1934, I .A.F.F.
James G. Bristow
Personnel Officer
City of Redding
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f . . S
EXHIBIT "B"
JOB DEFINITIONS
FIREFIGHTER-ENGINEER I , II & III
An employee who is engaged in performing all types of fire suppression, preven-
tion and emergency medical rescue work. Will be required to operate all
firefighting vehicles, equipment, apparatus and medical rescue equipment; must
be trained to administer first aid including cardiopulmonary resuscitation
within one (1) year of employment; must obtain a valid Class 2 California
Drivers License within six (6) months of date of employment; must be free from
any physical , mental or emotional disabilities which would reduce or prevent
effective performance; and must reside within twenty (20) minutes travel time
.at the posted speed limits of Fire Station #1. May be required to perform any
work during any hours of the tour of duty and to respond for work during off
duty hours.
Except as set forth below, the City may establish or modify entry level employ-
ment standards from time to time. -
Firefighter-Engineer II : Requires possession of an Associate of Arts Degree
Fire Science and training as an Emergency Medical
Technician I , which must be maintained in order to
retain the classification and at least one (1) year
of full-time, paid experience in fire service.
Firefighter-Engineer III : Requires possession of a Associate BaebeTer of Arts
Degree in Fire Science PubI4e- i4ri-s-t-r--tion and
training as an Emergency Medical Technician II ,
which must be maintained in order to retain the
classification and at least two (2) years of
full-time, paid experience in fire service.
FIRE PREVENTION INSPECTOR
An employee who is engaged in all types of fire prevention activities including
but not limited to the following: inspection of business and residential units
to determine and report compliance of safety laws and ordinances; investigation
of fires to determine cause and damage of major fires and fires of undetermined
or suspicious origin; planning programs to educate the public in the detection
and correction of fire hazards; inspection of areas where public gatherings are
held for hazardous conditions; planning and conducting programs for public
education and information as to the hazards and violations of fire prevention
regulations in hospitals, convalescent homes, schools and various civic orga-
nizations; planning and conducting programs for home fire safety and emergency
care of the sick and injured. May also be assigned to fire suppression duties.
FIRE LIEUTENANT
An employee engaged in performing and directing all types of fire suppression,
prevention and emergency medical rescue work. Will be required, under direc-
tion, to be in responsible command of the fire station to which he is assigned;
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to participate in and direct assigned personnel in fire suppression, daily
training and fire prevention activities; to prepare and maintain records and
reports as set by the Department; to attend various training functions; to
maintain a level of first-aid proficiency as determined by the Fire Department
administration and do related work as directed. Must possess the ability to
lead and train men, to plan, lay out and direct their work and maintain effec-
tive discipline and morale; to keep records and prepare reports; to establish
and maintain effective working relationships with fellow employees and the
public. Must possess and maintain the physical endurance and agility to
perform the work involved in firefighting and rescue, and have five (5)
years experience with the department as a Firefighter-Engineer I , II or III.
FIRE CAPTAIN
An employee engaged in performing and directing all types of fire suppression,
prevention and emergency medical rescue work. Will be required, under direc-
tion, to be in responsible command of one or more fire stations; to participate
in and direct assigned personnel in fire suppression, daily training and fire
prevention activities; to prepare and maintain records and reports as set by
the Department; to attend various training functions, and maintain a level of
first-aid proficiency as determined by the Fire Department administration. May
be required to be responsible for the in-service training program as assigned
by the Fire Chief; or to assist the Fire Marshal on an as-needed basis; and to
do related work as directed. Must possess the ability to lead and train men,
to plan, lay out and direct their work and maintain effective discipline and
morale; to keep records and prepar reports; to establish and maintain effective
working relationships with fellow employees and the public. Must possess and
maintain the physical endurance and agility to perform the work involved in
firefighting and rescue, and have successfully completed the Fire Lieutenant
probationary period.
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