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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 1998-417 -v SOL THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopt this Order on August 11, 1998 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, DeSaulnier, Canciamilla NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approval of Letter of Understanding ) with IAFF. Local 1230 Resolution No 98/ 417 1. The East Diablo Fire Protection District has met and conferred with United Professional Firefighters, IAFF, Local 1230 and agreed upon wages, benefits and certain other terms and conditions of employment for the period January 1, 1998 through December 31, 1999 pending the completion of a comprehensive Memorandum of Understanding. 2. The County Administrator has submitted a Letter of Agreement dated August 6,.1998, a copy of which is attached hereto, which has been jointly signed by representatives of the East Diablo Fire Protection District and the Union and which summarizes said agreements noted above, and; 3. The Board having considered the Agreement, NOW THEREFORE: The Contra Costa County Board of Supervisors in its capacity as Governing Board of the East Diablo Fire Protection District, RESOLVES THAT: Effective January 1, 1998, the Letter of Understanding with IAFF, Local 1230 attached hereto, is adopted. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED 14 424E_ PHIL BA:rCHELdA, clerk of the Board of S pervisors and county Administrator Deputy Orig. Dept.: Human Resources-Director cc: Human Resources-Labor Relations Auditor-Controller(Payroll) East Diablo Fire District-Fire Chief IAFF Local 1230-Lou Paulson, President IAFF Local 1230-Mike Impastato, Labor Representative Centra . Human Resources Costa Department a C1 1 Administration Bldg. ounty rrq 851 Pine Street,"third Floor Martinez,California 945531292 (518)335-1770 l.selie T.Knight Director of Human Resources August 6, 1998 Mr. Mike Impastato, Labor Representative IAFF Local 1230 East Diablo Firefighters Unit 112 Blue Ridge Drive Martinez, CA 94553 RE: ECONOMIC TERMS & CONDITIONS FOR THE IAFF LOCAL 1230 1998-1999 MEMORANDUM OF UNDERSTANDING Dear Mr. Impastato: This confirms agreement to submit this Letter of Understanding outlining negotiated wage agreements and other economic terms and conditions of employment beginning January 1, 1998 through December 31, 1999 for approval by the Board of Supervisors. This letter expresses wage and benefit changes and other terms and conditions of employment, agreed upon between the East Diablo Fire Protection District (District) and the IAFF Local 1230 which shall be Implemented upon approval by the Board of Supervisors and expressed in a comprehensive Memorandum of Understanding (MOU) which is being prepared. The Tentative Agreements attached hereto are incorporated herein by reference. A comprehensive MOU will be finalized by the parties as soon as possible and submitted to the Board of Supervisors for further approval. Pending such further approval, the terms and conditions of employment for employees represented by Local 1230 are expressed in the last expired MOU, subject to the terms of this Letter of Understanding. 1. DURATION OF MOU: January 1, 1998 through December 31, 1999 8. OVERTIME: Overtime is authorized time worked outside of the regular work schedule. 9. SICK LEAVE: Include existing policy providing that sick leave credits shall accrue at the rate of twelve (12) working hours credit for each completed month of service. Employees who work a forty (40) hours week shall accrue sick leave at the rate of eight (8) hours per month. Credits to and charges against sick leave are made in minimum amounts of one-tenth hour increments. Sick Leave may be used by permanently disabled employees until all accruals of the employee have been exhausted or until the employee is retired by the Retirement Board subject to certain conditions. Employees who wish to use sick leave for prearranged doctor of dentist appointments shall provide no later than forty-eight (48) hours notice prior to the beginning of the shift during which the appointment is scheduled. Paid sick leave credits may be used upon adoption of a child up to a maximum of six (6) weeks. An employee may use paid sick leave credits for working time used because of a death in the employee's family or of the employee's domestic partner not the exceed three (3) working days plus up to two (2) days of work time for necessary travel. 10. VACADOIrl: Employees will accrue vacation credits at the rate of 11.33 hours per month. Vacation credits may be used only after completion of six (6) months service in a permanent position, but may be used to supplement exhausted sick leave In cases of absence during the first six (6) months. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed from a layoff list, shall be considered as having completed six (6) months tenure in a permanent position for the purpose of vacation leave. 11. FLOATING HOLIDAY: Include existing policy providing effective on the August 10th payroll of each year employees shall receive forty-eight (48) hours of Floating Holiday time. Each August 9"', unused Floating Holiday accrual balances will return to zero. and who subsequently is appointed from the layoff list and then rejected during the probationary period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. 19. GRIEVANCE PROCEDURE: Remove Administrative Bulletin #310 from MOU and move language setting forth the Grievance Procedure into a new section of the MOU. 20. DISMISSAL SUSPENSION, DEMOTION AND REDUCTION IN SALAlY Delete Administrative Bulletin #320 from MOU and move language regarding Dismissal, Suspension, Demotion and Reduction in Salary into a new section of the MOU. Clarify that being at work while under the influence of liquor or illegal drugs is sufficient cause for such action. 21. RESIGNATIONS: Remove Administrative Bulletin #330 from MOU and add new section defining resignations to the MOU. 22. LAYOFF: Add new section regarding layoff and seniority rules as well as a Seniority List for layoff and displacement purposes to the MOU. If the foregoing conforms with your understanding, please indicate your approval and acceptance in the space provided below. DATED: g/4V ` q FOR-DISTRICT: FOR IAFF LOCAL 1230: FOR COUNTY: TENTATIVE AGREEMENT LOCAL 1230 - EAST DIABLO AUGUST 3, 1998 Term of Agreement: 01/01/98 - 12131199 (2 Years) Wages: 01/01/98 - 7.1% increase 01/01/99 - 7.1% increase TENTATIV E MENT DATED: TT 9 s FOR THE COUNTY: FOR LOCAL 1230: 4 - i 11, of Understanding and whose position is held pending the employee's return. JQ. Employment List: A list of persons, who have been found qualified for employment in a specific class. Layoff_List: A list of persons who have Qccup1ed Positions allocated to_ a _class in the District and who been involuntarily separated by layoff or displacement or who have voluntarily demoted in lies, of layoff. L Permanent Position: Any position which has require, or which will require, the se ices of an incumbent without interruption for an indefinite perjad. K Promotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top Sten is higher than the top step of the class which the employee formerly oQ9upied N44. Position: The assigned duties and responsibilities calling for the regular full-time employment of a person. _Q,t Designation: The voluntary termination of permanent employment with the District. P-J. X11: TeamsteFs, LeGal 315 International Association of Fire Fi h� #ers. Local 1230,AFL-CIO. TENTATIVE GREEMENT DATED: FOR THE COUNTY FOR LOCAL 1230: 5� and i i 9f this MOW. It sh-all be the SOW FeSPORSibility IFY u;;deF the laws of the State of Galiformin thn of a ber;a fide i GOR r-inntinim Gandition of i $� i noR i f 7 WgFAgRi G. far --rmnt r-MmInum All GuR:9;;t employees MOW, ShallIRiGR , 5 and leave s s s !13i!213 Refoorting. Annuals WPGR mutual s dues,AR employee employed im ar hired iRto a jGb Glass s SOGt'GR 2.2.6.3 are not. s may, WAVROs employee'sfiqA And s t Fedue-ed by cin amount equal to the ageRGY ShOp fee a the GouRty shall pay aR equal amount to the I Inian 3. If an employee who is a du WAiGF; M R;b9F OF objeGtionss 7 iRdedbo 0 the AuditoF--Gmntml'ee-s i i I shall,membwship and ;q dues as of th )f ageRGy WRioR i the Ut r eGk shall be r-stumed to the employee aF;dthe thiFty i he oF she shall be deemm.ed- t- 2.2 Union_ Lues_ Form. Employees hired in classifications assigned to the unit represented by the Union shall, as a condition of employment-at the time of ems m n i complete a union dues authorization card provided by the Union and shall have deducted from their paychecks the 9 tbirly(30) day pedod. the Auditor-Controller shall submit to the Union a.list of the em byee .mho have rescinded their authorization_for dues deduction. 2.5_ Communicating With Employees. The Union shall be allowed to use designated portions of bulletin boards or display areas in District buildings or in offices in which there are employees represented by the Union, provided the communications displayed have to do with official organization business such as times and places of meetings and further provided that the Union appropriately posts and removes the information. The AppGiRtiRq AutheFity Fire hief reserves the right to remove objectionable materials. Representatives of the Union, not on District time, shall be permitted to place a supply of employee literature at specific locations in District buildings if arranged through the Employee Relations Officer; said representatives may distribute employee organization literature in areas designated by the Appointing AutheFity Fire Chief if the nature of the literature and the proposed method of distribution are compatible with the work environment and work in progress. Such placement and/or distribution shall not be performed by on-duty employees. The Union shall be allowed access to work locations in which it represents employees for the following purposes: a. to post literature on bulletin boards; b. to arrange for use of a meeting room; C. to leave and/or distribute a supply of literature as indicated above; d. to represent an employee on a grievance, and/or to contact a union officer on a matter within the scope of representation. In the application of this provision, it is agreed and understood that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason for the visit, will be made with the AppointiFig .AJWt.hn_At.y Fire Chief or designee and the visit will not interfere with the 11 In cases of emergency when the Board, or boards and commissions designated by the Board determines it must act immediately without such notice or meeting it shall give notice and opportunity to meet as soon as practical after its action. 18 List of Employees with Dues Deduction The District shall provide the Union with a monthly list of employees who are paying dues to the Union and a monthly list of em llooyees who are pang health and yye far deductions to the Union. 2.9 Assignment of Classes to Baruaining Units. The_ Emplqyee Labor Relations Manac�r shall assign new classes in accordance with the following procedure: A. Initial Determination: When a new class title is established, the Labor Relations Manager shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new class in one or more existing representation units, and within a reasonable period of time shall notify all recognized employee organizations of the determination. B. Final Determination: The Relations Manager's determination is final unless within ten (10) days after notification a recognized employee organization requests in writing to meet and confer thereon. C. Meet and Confer and other Steps: The Labor Relations Manama shall meet and confer with such requesting organizations (and with other recognized employee organizations where appropriate) to seek agreement on this matter within sixty (60) days after the ten-day period in subsection (B), unless otherwise mutually agreed. Thereafter, the procedures in cases of agreement and disagreement, arbitration referral and expenses, and criteria for determination shall conform to those in subsections (d) through (i) of Section 34-12.008 of Resolution 8111165. 2.10 Written Statement for New Employees. The District(s) will provide 13 TENTATIVE A R EMENT DATED:- FUR THE COUNTY. FOR LOCAL 1230, 446�n I--J� lzt,4�,�e is TENTATIVE A R EMENT DATED: � � FOR THE COUNTY; FOR LOCAL 1230. L,7", 17 TENTATIVE AGREEMENT LOCAL 1230 - EAST DIABLO AUGUST 3, 1998 Section 5.1 Pay Warrants Employee pay warrants shall be delivered to a wQrk-place dezignated by the District(s) by . 12:00 a.m. on the 10th and 25 ' of each month. Should the 1 Qth Orth of the month fall on Saturday, any. or a holiday, pay warrants will be__delivered by 8: 9- :m. 12,OQ p,M, on the preceding County workday. TENTATIVEREEMENT DATED: FOR THE COUNTY: FOR LOCAL 1230: Cool 19 TENTATIVE AGREEMENT LOCAL 1230 - EAST DIABLO AUGUST 3, '1998 SECTION 7 - SICK LEAVE S!Qk leave credits shall accrue at the rate of eight(9) twelves (12) working hours credit for each completed month of service. Employees who work a portion of a month are entitled to a pro rata share of the monthly sick leave credit completed on the basis as is partial month compensation. Credits to and charges against sick leave are made in minimum amounts of on nate th hour increments. Unused sick leave credits accumulate from year to year. The primary purpose of paid sick leave is to ensure employees against loss of pay for temporary absences from work due to illness or injury. It is a benefit extended by the [district and may be used only as authorized and in accordance with District Administrative Bulletin No. 240 (Sick Leave). Employees who work.-a forty.(40) hour week shall accrue sick leaveatthe [ate f eight (8) hours per month. Permanent___Disability Sick Leave. Permanent disability means an employee suffers froma disabling physical injury or illness and is thereby prevented from enga ing in any Di t�(s)occupation for which the emp o— uali ted by reason of education, tr iningoexperieice, Sick leave may be used by.permanently disabled employees until all accnials of the employee have been exhausted or until the employee is retired by the Retirement Board, subject to the following conditions: A. an application for retirement for disability has been filed with theRetirement Board: B. _ satisfactory medical evidence of such disahrlity �araivari by the ap ati g-auth„rilV within thirty (30,�ys of start o use of sick leave for permanent disability: 21 TENTATIVE AGREEMENT LOCAL 1230 - EAST DIABLO AUGUST 3, 1998 Amend Section 8, Vacation, as follows: SECTION 8 - VACATION 8.1 Effective May 1 , 1995 employees will accrue vacation credits based upon straight time hours of working time per calendar month. Accrual shall be at the rate of 11 .33 hours per month. Accruals will accumulate month to month to a maximum of 440 = hours. Accruals for portions of a month shall be in minimum amounts of one (1) hour calculated on the same basis as for partial month compensation. Vacation credits may be taken in 1/2 hour (30 minute) increments but none shall be allowed in excess of actual accrual at the time vacation is taken. Vacation credits may be used only after completion of six months service in a permanent position. but may be used to supplement exhausted sick leave in cases of absence during the first six months. 8.2 Vacation Leave on Reemployment from a Layoff List. Employees with six (6) months or more servile in a permanent position prior to their layoff, who are employed from a layoff list shall be considered as having luted six 6) months tenure in a permanent p_gsition for the pUr ose of vacation leave. The appointing authority or designee will advise the Auditor-Controllers Payroll Unit in each case where such vacation is authorized so that appropriate Payroll system override actions can be taken. All provisions of District Administrative Bulletin No. 260 (Vacation) shall apply. 23 TENTATIVE AGREEMENT LOCAL 1230 - EAST DIABLO AUGUST 3, 1998 SECTION 9- FLOATING HOLIDAY the Fate ef 1 .33 hours peF FAgnt.h. A.G-GFUqlr., Will to FA91;th W a maximum, of 16- . Effective on the August 10 payroll of each year Floating holiday accruals will otheFwi be administered and utilized under conditions identical to vacation accruals, except that effective july--1 ,1946 each August 9th , unused Floating Holiday accrual balances will return to zero. TENTATIVE AGREEMENT DATED: - FOR I HE COUNTY: FOR LOCAL 1230: h� ZV 25 TENTATIVE AGREEMENT LOCAL 1230 - EAST DIABLO AUGUST 3, '1998 Amend Section 11, Retirement Coverage, as follows: SECTION 11 _- RETIREMENT COVERAGE s 1995 all membem of the Unit shall be enFalled as gat*4 .4 O Pursuant to Government Code Section 31581 .1 the District will pay fifty percent (50%) of the retirement contributions normally required of employees. Such payments shall continue for the duration of this MOU, May 1, 1995 to december 31, 1997. Employees shall be responsible for payment of the employee's contribution for the retirement cost of living program as determined by the Board of Retirement of the Contra Costa County Employee's Retirement Association without the County paying any part of the employee's share. The County will pay the remaining one-half (1/2) of the retirement cost-of-living program contribution. TENTATIVE EMENT DATED: FOR THE COUNTY: FOR LOCAL 1230: M or 27 TENTATIVE AGrE MENT ©ATEA: 101 FOR THE COUNTY: FOR LOCAL 1230: 29 TENTATIVE AGREEMENT LOCAL 1230 - EAST DIABLO AUGUST 3, 1999 SECTION (NEW) - MINIMUM STAFFING The minimum shift staffing- in the East Diable Fire ProLection District shall be seven (7). Fire station staffing within the District ma be reduced below the scheduled level in order to accommodate fire district programs. Said level of staffing may be reduced by such events as the closure of a fire station. Should mane-clement of the District chane its policy with regard to the minimum level of staffing, it will inform the Union of such oroposed change(s) and meet and confer with the Union over the effect of such policy change(s) on workload and safety. The District will develop an administrative bulletin regarding ro er qualified relief, TENTATIVE AGREEMENT DATED: Ln 2 FOR THE COUNTY: FOR LOCAL 1230: Section 5 - SALARIES: NEW) Payment. On the tenth (10th) day of each month, the Auditor will draw a warrant upon the Treasurer in favor of each employee for the amount of salary due to the employee for the preceding month; provided, however, that each employee may choose to receive an advance on the employee's monthly salary, in which case the Auditor shall, on the twenty- fifth (25th) day of each month, draw a warrant'upon the Treasury in favor of such employee. The advance shall be in an amount equal to one-third(113) Qr less at the -option-of the employee. of th!p, e=lovee's basic salary of the prmorith- except that it shallnot exceed the amount of the previous r basic saw less all requested or required deductions (NEW) Pay Warrant Errors. If an employee receives a pay warrant which has an error in the amount of compensation to be received, and if this error occurred as a result of a mistake by the Auditor-Controller's Department, it is the policy of the Auditor-Controller's Department that the error will be corrected and a new warrant issued within 48 hours,(exclusive of Saturdays, Sundays and holidays) from the time the Department is made aware of and verifies that the pay warrant is in error. TENTATIVE AQR EMENT DATED: K, 14 c9 FT 7E C LINTY: FOR LOCAL 1230: O 32 appeal exist, and must be filed through the 12amennel Assistant Fire Chief of the District by 5:00 p.m. on the 7th calendar day after the date of delivery to the employee of notice of rejection. 3. The Personnel Chief shall consider the appeal. He may refer the matter to the Fire Chief for hearing, recommend findings of fact, conclusions of law and decision. The rejected probationer has the burden of proof. 4. If the Fire Chief finds no probable cause for a hearing, he shall deny the appeal. If, after hearing, the Fire Chief upholds the appeal, the appellant shall complete only the remainder of the probation period unless the Fire Chief specifically order that the.appellant begin a new probation period. P. New Employees: The regular appointment of a probationary employee shall begin on the day following the end of the probationary period. Upon successful completion of probation, the employee's supervisor will send the District personnel Chief a letter stating that the individual has performed satisfactorily and is recommended for permanent appointment. A probationary employee may be rejected at any time during the probation period without regard to the Skelly provisions of these Administrative Bulletins without notice and without right of appeal or hearing. If the appointing authority has not returned the probation report, a probationary employee may be rejected from the service within a reasonable time after the probation period for failure to pass probation. If the appointing authority fails to submit, in a timely manner, the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was the appointing authority's intention to do so, the regular appointment shall begin on the day following the end of the probationary period. G. Layoff During Probation: An employee who is laid off during probation, if re-employed in the same class by the same district, shall be required to complete only the balance of the required probation: Re-jection During Probation of Layoff Em�yee_ An emp�yee who as achieved permanent status in the class before layoff and who 34 TENTATIVE AGREEMENT LOCAL 1230 - EAST DIASLO AUGUST 3, 1998 Remove Administrative Bulletin #310 from MOU and add new section as follows: AdmiaistT-ati:ve Bulletin Rauked- 04 06 09 FFeeedure- SECTION (NEW) GRIEVANCE PEQQEC_URE ecr-T-10—t _r_ra1cVAN1Q-c; PRnCcnr ic5c (NEWS '1. Definition and Procedural Steps. A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding (excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of any County/District official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure) or disciplinary actions. The Union may represent the employee at any stage of the process. Grievances must be filed within fifteen (15) days of the incident or occurrence about which the employee claims to have a grievance and shall be processed in the following manner. . A. Step 1. Any employee or group of employees who believes a provision of this Memorandum of Understanding has been misinterpreted or misapplied to the employee's detriment shall discuss the complaint on an informal basis with the employee's appropriate Chief Officer who shall meet with the employee and respond to the grievance within five (5) duty shifts, or ten (10) workdays + #erase—a when a grievance ja fled by employees assigned to a forty (40) hour workweek, of a request to hold such a meeting. 36 decision within fifteen (15) calendar days of receipt of a written request. E. Step 5. 1f an Adjustment Board is unable to arrive at a majority decision, either the employee (or the County/District, when alleging a violation of Section 7 of the MOU) may require the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the employee and the Director of Human Resources. Such request shall be submitted within ten (10) calendar days of the rendering of the Adjustment Beard decision to the Director of Human Resources (or the designated representative of the Union when the County/District is alleging a violation of Section 7 of the MCU). Within thirty (30) calendar days of the request for arbitration, the parties shall mutually select an arbitrator. The fees and expenses of the arbitrator and of the Court Reporter shall be shared equally by the employee and the County. Each party, however, shall bear the costs of its own presentation, including preparation and post-hearing briefs, if any. F. For the purposes of this AdministFative Bulletin (Status #340) sectim the term "workday" shall be defined as any day except a Saturday, Sunday or holiday. 1 Q A f ST MC lT BOARD AND ARRIT12ATIf_1NI QF=-'1$Z1f'" Nfi A. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by law. B. No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the Union which has been certified as the recognized employee organization for such unit and unless such dispute falls within the definition of a grievance as set forth in Section LA above. C. Proposals to add to or change this Memorandum of Understanding or to change written agreements supplementary hereto shall not be 38 with the Fire Chief. Only complaints which allege that employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not detailed in the Memorandum of Understanding which results from such meeting and conferring process, shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustments shall be retroactive for more than six (6) months from the date upon which the complaint was filed. No change in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the District and the Union. S GI—SI N ! f"_sr [4;F= l' R 9QA)r?( Qr= CI D�CJ\lICt1C3C A.vaG,'c v GF=F= 6 CAO's Office or Board of Supervisors, The Union may file a grievance at Step 3 on behalf of affected employees when action by the County Administrator or the Board of Supervisors violates a provision of this Memorandum of Understanding. 81-=-Q rinnl V11 1 e-r-- I=-Qe OF QR121lstllA AND 7. Letters of Reprimand. Letters of reprimand are subject to the grievance procedure but shall not be processed past Step 3. Letters of reprimand shall be served personally or by certified mail on the affected employee. A copy of the letter of reprimand shall be placed in the employee's official personnel file maintained by the District. TENTATIVE APR!"EM ENT DATED. FOR THE C UNTY. FOR LOCAL 1230: �e'4—f 40 I Violation of any lawful or reasonable regulation or order given by a supervisor or Fire Chief. K. Willful violation of any of the provisions of these itis r d:a Administrative Bulletins. L. Material and intentional misrepresentation or concealment of any fact in connection with obtaining employment. M. Misappropriation of District funds or property. N. Unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/or treatment authorized by the Administrative Bulletins. 0. Dishonesty or theft. P. Excessive or inexcusable absenteeism and/or tardiness. Q. Sexual harassment including but not limited .to unwelcome sexual advances requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature, when such conduct has the purpose or effect of affecting employment decisions concerning an individual, interfering with an individual's work performance, or creating an intimidating, hostile or an offensive working environment. This list is it;diGative ratheF than iRGlusive of FestFirtions and dismiss sU6p9A6iGA, d9FAGtiGF; OF Fe&Gtig 6-1-go may be based on Fease Reduction in salary shall not exceed five percent (5%) of the employee's base salary for a period of more than sixty (fill) consecutive calendar days. (NEM.2 Skelly R!aquirements: Notice of Proposed Action (Skelly Noti Before taking a disciplinary action to dismiss, suspend for more than five (5) work days (48 hours for employees on a 56 hour work week)* temporarily reduce the pav,�.of or demote an employee, the District shall cause to be served personally or by certified mail on the employee, a Notice of Proposed Action, which shall contain the following: A. A statement of the action proposed to be taken. B. A copy of the charges, including the acts or omissions and grounds upon which the action is based. 42 F. The district, upon giving notice as provided in this Section 3, may immediately suspend without pay an employee against whom there is pending a criminal charge which adversely affects the District service or conflicts with continued employment. Pending criminal charges exist when an employee has been arrested or has been named a defendant in a criminal complaint or indictment flied in any court. G. The Chief. or his designee., may order lost pay restored for good cause, and subject to the employee's duty to mitigate damages, but not if the employee 1) is given a Notice of Proposed Action (Skelly Notice) and 2) is dismissed or otherwise disciplined for cause directly related to the charges within fourteen (14) calendar days after the District has knowledge of final disposition of the charges. (NEW—A Procedure on Dismissal, Susi2ension or Disciplinary Demotion: A. In any disciplinary action to dismiss, suspend or demote an employee in a position +e wAh the District, after having complied with the Skelly requirements where applicable, the District shall make an order in writing stating specifically the causes for the action. B. Service of Orde : Said order of dismissal, suspension, or demotion shall be flied with the Assi a;# Gh+ef Director of Human Resources, showing by whom and the date a copy was served upon the employee to be dismissed, suspended or demoted, either personally or by certified mail to the employee's last known mailing address. The order shall be effective either upon personal service or deposit in the U.S. Postai Service. C. Employee Appeals rom Qrde : ,The employee may appeal an order of dismissal, suspension or demotion to the Fire Chief or through the procedures in Administrative Bulletin 349 Section , Grievance Procedure of these pal+else this MOU provided that such appeal is filed in writing with the Assistant Chief within ten (1 U) calendar days after service of said order. An employee may not both appeal to the Fire Chief and file a grievance. 44 TENTATIVE AGREEMENT LOCAL 1230 - EAST DIABL O AUGUST 3, 1998 Delete Administrative Bulletin #330 and add new section in MOU Revised- 94 06 95 SECTION (NEW) RESIGNATIONS An employee's voluntary termination of service is a resignation. Written or mal oral resignations shall be forwarded to the PtFsonee# Administrative Assistant Chief by the employee immediately, and shall indicate the effective date of termination. 5. Resignation in Good Standina: A resignation giving the District written notice at least four (4) weeks in advance of the last date of service (unless the appointing authority requires a longer period of notice, or consents to the employee's termination on shorter notice) is resignation in good standing. Q. Const active Resignation: A constructive resignation occurs and is effective when: 1. An employee has been absent from duty with out leave for ten (10) consecutive working days, 2. Ten (10) more consecutive days have elapsed without response by the employee after the mailing of a notice of resignation by the appointing authority to the employee at the employee's last known address. A-; Effective Resignation: A resignation is effective when delivered or spoken to the District, operative either on the date or another date specified. as TENTATIVE AGREEMENT LOCAL 1230 - EAST DIAELO AUGUST 3, 1998 Add new Section on Layoff and Seniority to MOU. (NEW.1)_ GROUNDS FOR LAYOFF, Ani District emplQyee(s) serving in a. permanent position(s) may be laid off when the cosition is no longer necessau,ala reasons of ec000my, lack Qf work. lack of funds or for such other-remp(s) aslhp, Board Qf Supervisors deemg sufficient for abolishing the positions). (NEW.2) .-NOTICE, The District will-give emplQyees scheduled fQr layoff. at least fourteeri (14) calendar days.- notice _.prior to their last- da" employment. (NEYV.3)_ ORDER OF LAYOFF._ The order of layoff in the District shall be based on in erre seniority in the class. (NEW-4) RULES ON DISPLACING A laid-off or diggplaced employee shall displace an employee in the next lower classification in the job series provided the empbvee_ meets the minimum qualifications for the classification., (NEW _ LAYOFF LISTS. Layoff lists are in eff.Q t for one(1) year from the date of layoff and contain the names(s) of per on(s) 1, aid off. displaced or voluntarilv demoted in lieu of layQff. The Lavoff list for a spegiflic class shall be the first list from which referrals are made There will be ng re erra s from other !employmeot lists until the Lay-off List for-the class is exhaoted or the rmainin9 eligibles--are not interested in the position. (NEW-6) REMO1/AL FROM LAYOFF LIST, Aneligible may be removed from a Lay-off List for: 1) failure to resp.Qnd tQ a written or telephone notirg referral within five-(5) calendar days. 2) failure to �aep the, Fire Chief advised of a correct mailing address or telephone number, and-3) decl,inina an offer !!2f employment in the same.job classification from which they were lai. 47 Attachment A Seniority List for Layoff and Displacement Purposes Class Seniority District Seniority Employee Class Rank Rank Currier, Michael Fire Captain 1 2 Spediacci, Cliff Fire Captain 2 3 Foster, John Fire Captain 3 5 Draper, Mark Fire Captain 4 7 Patridge, Wallace Senior Firefighter 1 1 Speciacci, Steve Senior Firefighter 2 4 McKinney, Rod Senior Firefighter 3 6 Baio, Daniel Senior Firefighter 4 8 Burris, Jeff Senior Firefighter 5 9 Gonzalez, Jake Senior Firefighter 8 10 Dominguez, Gilbert Senior Firefighter 7 11 Greene, Michael Senior Firefighter 8 12 March, Garu Senior Firefighter 9 13 Marshall, Daniel Senior Firefighter 10 15 Crouse, Jeff Firefighter 1 14 49