HomeMy WebLinkAboutReso. 78-167 - Approving the Provisions of the MOU Between the Designated Representatives of the City of Redding and the Designated Representatives of Local Union 1934, International Association of Fire Fighters, as Amended Effective 09/17/78 p O
• RESOLUTION NO. 7/ 44; 7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF. REDDING
APPROVING THE PROVISIONS OF THE MEMORANDUM OF UNDERSTAND-
. ING BETWEEN ' THE DESIGNATED REPRESENTATIVES OF THE CITY OF
REDDING AND THE DESIGNATED REPRESENTATIVES OF LOCAL UNION
1934 , INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AS
AMENDED EFFECTIVE SEPTEMBER 17 , 1978.
WHEREAS, Local Union 1934 , I.A.F.F. has been formally
recognized as the majority representative of an appropriate unit
of employees, as set forth in Section 2 .1 of the attached Memo-
randum of Understanding, and
WHEREAS, the designated representatives of the City of
Redding have met and conferred with and entered into a Memorandum
of Understanding with the designated representatives of Local
Union 1934 , I.A.F.F. , as required by the provisions of the Meyers-
Milias-Brown Act of 1968 , and said Memorandum has been amended
from time to time by mutual agreement, and
WHEREAS, the designated representatives of the City of
Redding have met and conferred in good faith again this year with
the designated representatives of Local Union 1934 , I.A.F..F. , and
have agreed on certain amendments to the aforesaid Memorandum of
Understanding, and
WHEREAS , these amendments , together with the retained
portion of the former Memorandum of Understanding, are attached
hereto as "Exhibit A" and incorporated herein by reference, and
WHEREAS, the City Council has reviewed the Negative
Declaration prepared in connection herewith and has determined
that no significant effect on the environment is created hereby,
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NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Redding, as follows :
1. Resolution No. 75-48 is hereby repealed and rescinded.
2. The aforesaid Memorandum of Understanding and the
Amendments attached hereto are hereby approved, and these Amendments
shall become effective on September 17, 1978.
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 18th day of September , 1978 , and was duly adopted
at said meeting by the following vote :
AYES : COUNCILMEN : Fulton, Gard, Kirkpatrick, Pugh, and Demsher
NOES : COUNCILMEN: None
ABSENT: COUNCILMEN: None
ONALD M. DE HER
Mayor of the City of Redding
ATTEST:
(AI
.L./_Li ,7/� f/
MILDRED L. BRAYTON,' City Clerk
FO /APPROO/VED: .
EARL D. MURPHY, CitAttrney
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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-CI0
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 /6-, 1978, to be effective September 17, 1978
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TABLE OF CONTENTS
Article Page
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1 Preamble 1
2 Recognition 2
3 Union Security 3
4 Grievance Procedure 3
5 Safety 4
6 Disability and Unemployment 5
7 Employee Status 5
8 Wages and Classifications 6
9 Hours and Overtime 7
10 Seniority 8
11 Promotion. and Transfer 8
12 Demotion and Layoff 9
13 Leave of Absence 9
14 Expenses 10
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15 Sick Leave 10
16 Emergency Leave 11
17 Holidays 11 •
18 Vacations 12
19 Uniforms 13
20 Miscellaneous 14
21 Employee Benefit Programs . 14
22 Term 15
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NOTE
Additions , amendments , changes to this Memorandum of Understanding, effective
September 17, 1978, or thereafter, are underlined; deleted language is lined out.
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MEMORANDUM OF UNDERSTANDING
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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 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 OF 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:
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 polio/ 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.
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. During the term of this Memorandum of Under-
standing 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 collectively to engage in such activities and shall make a reasonable effort
under the circumstances to dissuade employees from engaging in such activities .
Those employees who do individually or collectively partially or totally abstain
from the performance of their duties for City shall be subject to disciplinary
action up to and including discharge from employment, without-reeesrse.
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.
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'' 1.6 City and Union snail 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 either grievance procedures or the meeting and conferring in good
faith process provided for by the Meyers-Milias-Brown Act; however, grievances
may be filed upon interpretations of the provisions of this Memorandum of
Understanding other than those set forth in this paragraph. It is agreed by
the parties to this Memorandum that management rights include, by way of illus-
tration and not by way of limitation, the following: (a) The full and exclusive
control of the management of the City. (b) The supervision of all operations ,
methods, processes and means of 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.
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 Memorandum of
Understanding hereinafter 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 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 Personnel and Labor Relations and such
other management personnel as determined by the" Director of Personnel and Labor
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• 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
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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 author-
ize 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 96001 , 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 application
forms , payroll deduction authorization forms and a copy of this Memorandum of Under-
standing 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 theeinterpretation or application of any of the terms of this
Memorandum of Understanding, and with respect to such matters as the alleged discrim-
inatory or arbitrary discharge, demotion or discipline of an individual 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 Number 4217 are
not a grievance.
4.2 Step One: The initial step in the adjustment of a grievance shall be a
discussion between the Union President and the immediate Supervisor directly involved,
Division Head or Department Head as applicable, who will answer within ten (10) werk-
days. This step shall be started and completed 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 Union President.
4. 3 Step Two: If a grievance is not resolved in the initial step, the second
step shall be a discussion between the Union' s President and the Director of Personnel
and 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 Union' s President
to the City Manager, who shall answer, in writing , within ten (10) werkdays. The
third step shall be taken within ten (10) s4xty-4604 days of the date of the answer
in Step Two aet4eH-eerip4a4Hed-a€z-er-the-date-tie-gc4evant-became-aware-ef-the-inei-
deHt-wh4ek-4e-the-basis-fer-the-grievance.
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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 wed4atien.
The fourth step shall be taken within eRe-heRdred twenty (120) days of the date of
the answer in Step Three aet4eR-eefp4a4Aed-a€S-ef-the-date-the-gr4evaAt-beeame-aware
e€-the-4Re4dent-wh4eh-4s-the-bas4s-€ef-the-gr4evaRee.
4.5(b) An Arbitration Med4at4eA Board shall be appointed on each occasion that
a grievance is submitted to arbitration a+ed4at4eR. The Arbitration Med4at4eR Board
shall be composed of one (1) member appointed by the City, one (1) member appointed
by Union, and a third member chosen by mutual agreement of the City and Union. Such
third member shall act as Chairman of the Arbitration Med4at4eA Board. In the event
the City and Union are unable to agree on the selection of a Chairman of the Arbitra-
tion Med4at4en Board, they shall request the State of California Federal-Medhat4en
and Conciliation Service to nominate five (5) persons for Chairman. 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
Chairman of the Arbitration Med4at4eA Board, and his compensation and expenses shall
be borne equally by the City and Union. The City and Union shall pay the compensa-
tion and expenses of their respective appointees and witnesses. At Union's request
the City shall release employees from duty to participate in arbitration med4atien
proceedings.
4.5(c) The Arbitration Med4at4eA Board shall hold such hearings and shall con-
sider such evidence as to it appears necessary and proper. The first hearing shall
be held within ninety (90) days of the date of referral to arbitration. The major-
ity decision of the Arbitration Med4at4en Board shall be final and binding on City
and Union and the aggrieved employee, if any, provided that such decision does not
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in any way add to, disregard or modify any of the provisions of this Memorandum of
Understanding eR4y-adv45ery-4R-Rature-as-te-e4tker-the-64ty-er-the-YA4eA.
4.6 Failure by either party to meet any of the aforementioned time limits as
set forth in Section 4.2, 4.3, 4.4w of 4. 5(a) or 4.5(c) will result in forfeiture
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 Understanding, nor shall
such settlements be cited by either party as evidence in the settlement of subsequent
grievances.
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 review-
ing 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.
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ARTICLE 6
Disability and Unemployment
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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 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 physician or physicians approved by City for the purpose of determining that
such employee is physically and mentally fit and able to perform the duties of his
position without hazard to himself, or to his fellow employees, or to his own perman-
ent 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 disability compen-
sation 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 tempor-
ary depending upon the purpose for which they are hired and their length of contin-
uous 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 preferential 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.
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7.4 A full-time temporary employee is defined as an employee hired for occas-
ional 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, holiday pay, vacation pay, insurance
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 er-regu a? 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 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 top wage rate of the classification 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 end-
ing no earlier than the preceding Saturday. If a pay day falls on a holiday, pay-
ment 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 com-
puting 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 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 rate, but not more than the top wage rate of the temporary classifica-
tion.
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
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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. " E€€eet4ve-Deeefbec-283-19767-wage-rates-shal4-be-4nereased-by
three-per-eent-{3%47
8.6(b) Effective June 24, 1979 273-1976, wage rates shall be adjusted at the •
rate of one percent ( 1%) for each one percent (1%) of change in the Bureau of
Labor Statistics ' Revised Consumer Price Index for Urban Wage Earners and Clerical
Workers for all U. S. Cities, 1967 base, between the index number .for March, 1978
197S3-167,8, and the index number for May, 1979 1976.
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8.6(c) Effective July 6, 1980 dune-267-1977, wage rates shall be adjusted at
the rate of one percent (1%) for each one percent (1%) of change in the Bureau of
Labor Statistics ' Revised Consumer Price Index for Urban Wage Earners and Clerical
Workers for all U. S. Cities , 1967 base, between the index number for May, 1979
4976, and the index number for May, 1980 1977.
8.6(d) Effective July 5, 1981, wage rates shall be adjusted at the rate of one
percent 1%) for each one percent (1%) of change in the Bureau of Labor Statistics '
Revised Consumer Price Index for Urban Wage Earners and Clerical Workers for all
U. S. Cities, 1967 base, between the index number for May, 1980, and the index
number for May, 1981.
8. 6(ed) Notwithstanding the foregoing, wage rates shall not be adjusted below
the level established on September 17, 1978 June-29;-4975.
ARTICLE 9
Hours and Overtime •
9. 1 Each employee shall report for work at his regularly established head-
quarters and shall return thereto at the conclusion of the day's work and the time
spent in traveling between such headquarters and the job site shall be considered
as time worked.
9.2(a) For employees other than twenty-four (24) hour shift employees a work-
week is defined to consist of seven (7) consecutive calendar days , Sunday through
Saturday, and a basic workweek is defined to consist of five (5) workdays of eight
(8) hours each. The basic workweek may begin on any day of the 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.
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• 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 net include time absent with pay such as vacation, sick
leave, emergency leave, etc. , but per shall not it 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 two (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.
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.
• 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) dis-
charge for cause , (3) layoff, (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 re-employment rights , (b) on duty with the National Guard, (c) absent
due to industrial injury, or (d) on leave of absence.
ARTICLE 11
Promotion and Transfer •
11. 1 All promotions and transfers shall be in accordance with standards and
procedures as determined by the City.
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11.2 Seniority shall not be used as the sole criteria for promotions.
11.3 All appointments filled by _promotion or transfer 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 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 consider the other bidders on
the original posting, if any, rather than re-post 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 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.
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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, providing satis-
factory 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 sub-
stantial 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.
•
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•
•
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 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 Department of the
City on or before the first day of the month for which the premium is intended.
Notwithstanding the above, however, if the leave of absence is as a result of
exhaustion of sick leave benefits an employee's group insurance may be maintained
for up to three (3) calendar months on the normal premium-sharing formula, provid-
ing the employee pays his share of the premium on a timely basis.
ARTICLE 14
Expenses
14. 1 •Whenever an employee uses his personal automobile for the City's conveni-
ence, he will be reimbursed therefor at the same rate per mile as established for
non-represented City employees a€-€eurteeR-eents-{}4E4-per-ni4le-€er-the-€4rst-p4ne
huRdre4-{9883-R44es-traveled-4R-any-month-and-€4ve-eents-{5E3-per-Hole-€er-a4l-soles
4R-exeess-a€-R4Re-Hundred-{9983-f41es-4n-any-feMth.
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 Exeept-as-etherw4se-prev4ded-here4R; Sick leave with pay shall be accumu-
lated for each regular and probationary employee at the rate of four hundred sixty
ten-thousandths ( .0460) of an hour for each regular hour worked, or on paid leave.
te-a-max4raffi-e€-ere-theusapd-two-Hundred-€4€ty-{}25Bj-hears.---Netw4thstand4Mg-the
€erege4Rg:-s4ek-4eave-w4th-pay-shal4-He-aeeuwulated-€er-eaeh-regular-and-pr'ebat4eR-
ary-twenty-€ear-{24)-Hetw-sh4€t-erg+pleyee-te-a-rRax4mum-wh4eh-has-the-same-rat e-te
the-arxeeat-aeerued-by-ether-64ty-espleyees-as-set-€erth-above-as-the-average-Rufber
e€-werk-hears-per-week-€er-twenty-€ear-4244-Hear•-sh4€t-emp4eyees-Has-te-the-number
e€-werk-hears-per-week-€er-ether:-64ty-emp4eyees-
15.2 Sick leave shall be allowed for an 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 impracticable to schedule outside of regular working hours.
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15.3 Management may require satisfactory evidence of sickness or disability
before .payment for sick leave will be made. The City may also require an employee
requesting to return to work after sick leave or leave of absence for medical
reasons to submit to a medical examination by a physician or physicians approved
by City for the purpose of determining that such employee is physically fit and
able to perform the duties of his former position without hazard to himself, or to
his fellow employees, or to his own permanent health. Such examination or examina-
tions 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.
ARTICLE 16
•
Emergency Leave
16. 1 Except as otherwise provided herein, regular and probationary employees who
are absent from work due to the death or critical illness of a member of the
employee' s "immediate 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) twenty-
€eur-4244 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.
Critical illness as used herein is defined as when death is potentially imminent.
Notwithstanding the foregoing, emergency leave with pay may be granted to twenty-four
• (24) hour shift employees for up to a maximum amount that has the same ratio to the
maximum amount allowed for other City employees, as set forth above, as the average
number of work hours per week for twenty-four (24) hour shift employees has to the
number of work hours per week for other City employees.
ARTICLE 17
Holidays
17. 1 Regular and probationary employees, except as otherwise provided herein ,
shall be entitled to have the following holidays off with pay:
(a) January 1st.
(b) February 12th, known as "Lincoln Day. "
(c) The third Monday in February.
•
(d) The last Monday in May.
(e) July 4th.
(f) First Monday in September.
(g) September 9th, known as "Admission Day. "
(h) The second Monday in October, known as "Columbus Day. "
(i ) November 11th, known as "Veterans Day. "
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0) Friday after Thanksgiving.
(jk) December 25th.
•
4k4---€very-day-en-whieh-ap-e4eet4en-4s-he4d-thresgkeut-the-State-
(1 ) Every day appointed by the President, Governor, or Mayor for a
public fast, thanksgiving, or holiday.
(m) Every day which becomes a State holiday by legislative enactment.
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 rriday, 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.
17.2 Notwithstanding the foregoing, employees may be scheduled to work on holi-
days , 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 with-
in their regular wage rate without regard for when holidays occur nor whether or
not an employee actually works on any holidays and regardless of the number of holi-
days other City employees observe. Holiday compensation is included within the
twenty-four (24) hour shift employees ' regular wage rate as a result of the neces-
sity 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 vacations
•
with pay as follows :
18. 1(b) At the rate of three hundred eighty-four ten-thousandths ( .0384) 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 five hundred seventy-five ten-thousandths ( .0575) of an
hour for each regular hour worked, or on paid leave, from the one hundred fourth
(104th) full pay period through the three hundred sixty-fourth (364th) full pay
period of employment. (Accrual rate approximately three (3) weeks per year after
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four (4) years of service. ) S
18. 1(d) At the rate of seven hundred sixty-seven ten-thousandths ( .0767) of an
hour for each regular hour worked, or on paid leave, from the three hundred sixty-
fourth (364th) full pay period through the six hundred twenty-fourth (624th) full
pay period of employment. (Accrual rate approximately four (4) weeks per year
after fourteen (14) years of service. )
18. 1(e) At the rate of nine hundred fifty-eight ten-thousandths ( .0958) 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(f) 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 Vacation cannot be accrued while an employee is in a non-pay status.
18.3 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.
18.4 The City shall not require an employee to take his vacation in lieu of
sick leave or leave of absence on account of illness.
18.5 If. a holiday which an employee is entitled to have off with pay occurs on
a workday during the employee' s vacation period, such employee will be entitled to
an additional day of vacation and will be compensated for same.
18.6 A maximum of four hundred (400) hours of vacation allowance may be accumu-
lated at any time. Notwithstanding the foregoing, vacation allowance shall be
accumulated for each regular and probationary twenty-four (24) hour shift employee
to a maximum which has the same ratio to the amount accrued by 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 as set forth in 9.2(a). {Amendment-effective-January-4,-1976:4
18.7 Employees whose employment with the City is terminated for any reason shall ,
at the time of termination, receive any unused vacation period previously earned.
ARTICLE 19
Uniforms
19. 1 The uniform allowance (which is presently 5175.00 per year) is normally paid
in July of each year and is for the purpose of maintenance and replacement of uni-
forms 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 first-aRA4versary date of employment to the following July 1.
19.2 The City shall pay the reasonable cost of •repair or replacement of uniforms
or glasses damaged in the course of employment.
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ARTICLE 20•
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Miscellaneous '
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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;-prev4ded;-Hewever;-that-he-sha44-pay-te-tke-s4ty-Treasurer-any
araeupt-paid-te-Him-by-the-6eurt-w4th-the-exeept4en-ef-travel-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.
20.3 An employee who disagrees with the evaluator' s statements or conclusions
with respect to the employee evaluation report shall have the right to review such
evaluation report with the City's Director of Personnel and Labor Relations and,
upon request, shall have the right to have a Union representative present.
29,4--The-parties-asknew4edge-the-prov4s4ens-e€-the-Fain-6aben-Standards-Aet
and-w41-1-eemply-w4th-a11-4ts-requ4reraents7
20.64 All shift trades shall be consummated within a three hundred sixty-five
(365) 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 The Union agrees to withdraw its grievance and pending litigation concern-
ing compliance by the City of Redding with the Fair Labor Standards Act and will not
reinstitute pursuit of this issue in the future.
20.6 All issues related to employee benefits and rights either carried over for
or given to ex-Enterprise Public Utility District fire department employees pursuant
to the City' s agreement with the Local Agency Formation Commission in connection with
the district' s annexation to and merger with the City of Redding are resolved and no
claims or modifications thereof remain outstanding and the Union for itself and the
individual employees waives any subsequent claims or grievances in regard thereto.
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: one-half pay at age fifty-five (55)_; normal retirement age fifty-five (55) ;
one (1) year' s compensation in formula; 1959 Survivors Benefits ; Post-Retirement
Survivors allowance; credit for unused sick leave; and military service credit.
Effective as soon as legally permissible after the effective date of this Memorandum
of Understanding the City will pay one percent (1%) of each covered employee' s regu-
lar wages on his behalf and in lieu of a portion of his required payment to the
Public Employees ' Retirement System. Effective June '24, 1979 the City will increase
its payment to two percent (21C) . Effective July 6. 1980 the City will increase its
payment to the maximum legally permissible but in any event to not more than three
percent (3%) of covered wages. The City will increase the ordinary disability bene-
fit from thirty-three and one-third percent (33-1/3%) to fifty percent (50%) as soon
. as legally permissible after the effective date of the amendments to this Memorandum
of Understanding. Effective July 5, 1981 the City will amend its contract with the
Public Employees ' Retirement System to provide for a benefit formula of two percent
(2%) at age fifty-five (55) . E€feetive-July-11-I9f71-said-eentraet-w444-be-ae:ended
te-pnevide-fer-m*44tary-serv4ee-ered4t-{6everprpent-Cede-Seet4en-289397343-serv4ee
ened4t-€er-unused-s4ek-4eave-at-ret4rerxent-{6evernment-6ede-Seet4en-29862-84;-ene
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• 411•
year-€inal:Gompensatien-instead-a€-thFee-yeaFs4 Government-Gede-Seetien-2O024-23s
and-pest-retirement-swFvivers-belie€it-{GeveFA ent-Gede-Seet#en-2126347
21.2(a) Group Insurance: All regular employees and all probationary employees
are eligible to participate in a group insurance program presently provided by
California-Western States Life Insurance Company, effective the first day of the
month following completion of one (1) month's employment, whereunder the City shall
contribute 100% of the employee premium, or, at the option of the employee, the City
will contribute 80% of the premium cost applicable for the employee and one dependent
or 80% of the premium cost applicable for the employee and two or more dependents .
In addition the City will pay the full premium for the employee 's life insurance
benefits which are equal to one (1) full year' s salary rounded out to the nearest
whole thousand dollars.
21.2(b) Effective July 1 , 1978 the benefits will be improved by: increasing the
major medical maximum to one million dollars ($1 ,000,000) , increasing the dependents '
life insurance to two thousand dollars 2,000) , increasing the psychiatric care to
fifty percent T50%) of forty dollars ($40.00) up to a maximum of one thousand
dollars (51 ,000) and increasing the ambulance benefit to seventy-five dollars ($75.00) .
21. 2(c) Effective October 1 , 1978 the City will increase its contribution to ninety
percent (90%) of the premium cost for each active employee with dependent coverage;
to ninety-five percent (95%) on July 1, 1979; and to one hundred percent (100%)
effective July 1, 1980.
21. 2(d) Effective October 1 , 1978 the City will pay twenty-five percent (25%) of
the group 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 croup insurance without a break in coverage. Effective
July 1, 1979 the City will increase its contribution to fifty percent (50%) . Payments
by the City will be discontinued upon the death of the retiree or upon termination of
group insurance coverage., The City will not contribute payments on behalf of any
retiree except as set forth above.
ARTICLE 22
Term
22. 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, 1982 1978, 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 expiration date of any year
thereafter, except, however, that the amendments scheduled to be effective on
September 17 , 1978 June-29s-1978, and thereafter, shall only become effective with
approval of the City Council of City.
22.2 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.
22.3 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.
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22.4 Any provision of this Memorandum of Understanding which .may be in con-
flict with any Federal or State law, regulation or executive order shall be
suspended and inoperative to the extent of and for the duration of such conflict;
the balance of this Memorandum of Understanding, however, shall. remain in full
force and effect.
IN WITNESS WHEREOF, the parties have executed this Memorandum of Under-
. standing 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 E. 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
•
•
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IN WITNESS WHEW, the part�ie /have executed Ilse Amendments to the
Memorandum of Understanding on the J O 7�L day of September, 1978, to .be
effective September 17, 1978.
G,e 4(£ - n�
William Brickwood Gerald B. Matthews
City Manager Administrative Assistant
C.i_ty of Redding—, California State Firemen's
n Association, Inc.
)4)&10
Robert E. Courtney Robert D. Chiara, President
Assistant City Manager Redding Fire Fighters
City of Redding Local 1934, I .A.F.F.
(17I
Char es R. Reynolds�7 Thomas J. awson, Secretary-Treasurer
Director of Personn ,3///��// Redding ire Fighters
and Labor Relations Local 1934, I.A.F.F.
City of Redding 61
-1 gteze.48
K. A. Erichsrud Robert A. Buick
Fire Chief Negotiating Committee Member
City of Redding Redding Fire Fighters
Local 1934, I .A. F.F.
13
B. R. Thompson
Deputy Fire Chief
City of Redding
W. H. Henri
Assistant Fire Chief
City;!,Redding
Don Kemp
Assistant Fire Chief
City of Redding
Approved as to form:
Carl t Murphy
City Attorney
City. of Redding
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EXHIBIT "A"
SCHEDULE OF WAGE RATES
Effective September 17, 1978
Step 5
Hourly Pay Rate Monthly
Salary Step Equivalent
1 2 3 4 5
Firefighter-Engineer I $4.27 $4.49 $4.69 $4.94 $5. 18 $1352
Firefighter-Engineer II 4.69 4.94 5. 18 5.44 1420
Firefighter-Engineer III 5.44 5.73 1496
*Fire Prevention Inspector . 8.05 8.44 1469
Fire Lieutenant 6.01 1569
Fire Captain 6. 30 1644
*40-hour week