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HomeMy WebLinkAboutRESOLUTIONS - 01011998 - 98-594 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopt this Order on December 1 1998 by the following vote. AYES: Supervisors Rogers, Uilkema, Gerber, DeSaulnier, Canciamilla NOES: None ABSENT: None ABSTAIN: None SUBJECT: Approval of the 1998 - 1999 Memorandum } of Understanding between East Diablo Fire } Protectign Distdct,and IAFF.local 12�. } Res. No. 981594 The Contra Costa Board of Supervisors in its capacity as Governing Board of the East Diablo Fire Protection District, RESOLVES THAT: 1. On August 11, 1998, the Labor Relations Manager submitted a Letter of Understanding dated August 6, 1998 which reflected negotiated agreements reached between the East Diablo Fire Protection District and IAFF, Local 1230 on terms and conditions of employment affecting employees represented by IAFF, Local 1230. 2. The Memorandum of Understanding between the East Diablo Fire Protection District and IAFF, Local 1230 incorporating the agreed-upon terms and conditions mentioned above is attached. 3. This Board having considered said Memorandum of Understanding, the same Is approved. 4. If an Ordinance(s) is required to implement any of the foregoing provisions, the Board of Supervisors will adopt said Ordinance(s). 5. This Resolution is effective January 1, 1998. mos mt le is a true and correct copy of Board Ofentered on ttw mhu" of ft an the d&e show. ATrEs'T : attachment of BATCHELOR,C of the Board of supervitore and County Adr�r►istrator CfiB. dept.: Human Resources-Director Kathy Ito a 5-1785 By Deputy cc: Phil Batchelor, county Administrator Auditor-controller(Payroll) Chief maul Hein, East Diablo Fire Protection District Assistant Chief, John Clary, East Diablo Fire Protection district Lou Paulson, President, IAFF, Local 1230 Mike Impastato, Labor Representative, IAFF, Local 1230 loss of compens uon or other benefits for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Labor Relations Manager or other management representatives on matters within the scope of representation, and that advance arrangements for the time away from the work station or assignment are made with the Fire Chief and their attendance does not conflict with Fire District emergency operations. SECII.QN 5 --SALARIES 5.1 66tam Rates. Effective on the dates indicated, base monthly salary for classes in the East Diablo Firefighters Unit shall be in accordance with the County's Basic Salary Schedule as follows: Class. _ 01 I01/98 0110I L99 Fire Captain M56 1379 ($2192) M56 1448 ($2349) Sr. Firefighter M56 1281 ($1988) M561350 ($2130) Firefighter M561226 ($1882)- M56 1295 ($2016) In accordance with requirements of the County payroll system, timekeeping for permanent employees' time worked and time off will be accounted for in minimum orae-tenth (1/10) hour (6 minute) increments. 5.2 E. m . On the tenth (101') 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 (251') day of each month, draw a warrant upon the Treasury in favor of such employee. M&T.LOCAL 1230 12 1998.1899 MOU The advance shall be in an amount equal to one-third (1/3) or less at the option of the employee, of the employee's basic salary of the previous month except that it shall not exceed the amount of the previous month's basic salary less all requested or required deductions. 5.3 Pay warrants. Employee pay warrants shall be delivered to a work place designated by the district by 12:00 p.m. on the tenth (101) day and twenty-fifth (25th) day of each month. Should the tenth (10th) day or twenty-fifth (2511) day of the month fall on Saturday, Sunday, or a holiday, pay warrants will be delivered by 12:00 p.m. on the preceding County workday. 5.4 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 forty-eight (46) 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. SECTION 6 - OVERTIME Overtime is authorized time worked outside the regular work schedule. Overtime shall be compensated for at the rate of one and -one-half (1-1/2) times the employee's hourly rate of pay. Overtime for permanent employees is earned and credited in minimum one-tenth (1/10) hour increments. 6.1 Overtime Recall List. Provisions of Fire District Administrative Bulletin 230 shall apply. 6.2 , k. Employees called back for work performed outside their regular -k s� edush-' e c pens - at t1.-,C, [AFF,LOCAL 1230 13 1998-1899 Moo appropriate stra gnt time or overtime rate of pay for time actually worked with a minimum of one (1) hour pay. This minimum does not apply when an employee is called back and reports to work less than one (1 ) hour before the beginning of the employee's regular shift. SECTION 7 - SICK LEAVE Sick leave credits shall accrue at the rate of twelve (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 one-tenth (1/10) 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 leave at the rate of eight (8) hours per month. Permanent- Disability Sick Leave - Permanent disability means an employee suffers from a disabling physical injury or illness and is thereby prevented from engaging in any District occupation for which the employee is qualified by reason of education, training or experience. 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 1AFF,LOCAL 1230 14 1998-1999 MOu Board, subject to the following conditions: a. an application for retirement for disability has been filed with the Retirement Board; b. satisfactory medical evidence of such disability is received by the appointing authority within thirty (30) days of the start of use of sick leave for permanent disability; C. the appointing authority may review medical evidence and order further examinations as. deemed necessary, and may terminate use of sick leave when such further examination demonstrates that the employee is not disabled, or when the appointing authority determines that the medical evidence submitted by the employee is insufficient, or when the above conditions have not been met. Prearranged Medical Apointments - Employees who wish to use sick leave for prearranged doctor or dentist appointments shall notify their appropriate supervisor of the appointment as soon as possible but no later than forty-eight (48) hours prior to the beginning of the shift during which the appointment is scheduled. Laaal Adootion of a Child - Paid sick leave credits may be used by an employee upon adoption of a child up to a maximum of six (S) weeks. Death of Family Member - An employee may use paid sick leave credits for working time used because of a death in the employee's immediate family or of the employee's domestic partner, but this shall not exceed three (3) working days, plus up to two (2) days of work time for necessary travel. Use of additif-. nal aC-cruals other than sick leave may be authorized in 1AFF,LOCAL 1230 15 19 5-1999 MOO conjunction with the bereavement leave at the discretion of the appointing authority. SECTION 8 -VACATION 8.1 Vacation Leave. 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 272 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 one-half (112) hour 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 (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. 8.2 Vacation Leave on Reemployment from a Lav, ff LW. 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. The appointing authority or designee will advise the Auditor- Controller's 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. [AFF,.LOCAL 1230 16 1998-1999 Mou SECTION 9 - FLOATING HOLIDAY Effective on the August tenth (101) payroll of each year, employees shall receive forty-eight (48) hours of Floating Holiday time. Floating Holiday accruals will be administered and utilized under conditions identical to vacation accruals, except that effective each August ninth (9'), unused Floating Holiday accrual balances will return to zero (0). SECTION 10 - LEAVE OF ABSENCE 10.1 Leave without Pay. Any employee who has permanent status may be granted a leave of absence without pay upon written request, approved by the appointing authority; provided, however, that leaves for pregnancy, pregnancy disability, serious health conditions and family care shall be granted in accordance with applicable state and federal law. 10.2 General Administration - Leaves of Absence. Requests for leave of absence without pay shall be made upon forms prescribed by the [district and shall state specifically the reason for the request, the date when it is desired to begin, the leave, and probable date of return. Leave without pay may be granted for any of the following reasons: a. illness, disability, or serious health condition; b pregnancy or pregnancy disability; C. family care; d. to take a course of study such as will increase the epioyee's usefulness on return to the position, [AFF, LOCAL 1230 17 1998-1999 Mou e. for other reasons or circumstances acceptable to the appointing authority. An employee must request family care leave at least thirty (30) days before the leave is to begin if the need for the leave is foreseeable. If the need is not foreseeable, the employee must provide written notice to the employer within five (5) days of learning of the event by which the need for family care leave arises. A leave without pay must be for a period not to exceed one (1 ) year, provided the appointing authority may extend such leave for additional periods. The procedure in granting extensions shall be the same as that in granting the original leave provided that the request for extension must be made not later than thirty (30) calendar days before the expiration of the original leave. Nevertheless, a leave of absence for the employee's serious health condition or for family care shall be granted to an employee who so requests it for up to eighteen (18) weeks in each calendar year period in accord with Section 10.4 below. Whenever an employee who has been granted a leave without pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at least fifteen (15) days in advance of the proposed return. Early return is subject to prior approval by the Fire Chief. Except in the case of leave of absence due to family care, pregnancy, pregnancy disability, illness, disability, or serious health condition, the decision of the Fire Chief granting or denying leave or early return from leave shall be final and not subject to appeal through the grievance procedure set forth in this MOU. 18.3IINt ary Lima. Any employee in the Fire District and 1AFF,LOCAL 1230 1$ 1998-1999 Mou who is required to serve as a member of the State Militia or the United States Army, Navy, Air Force, Marine Corps, Coast Guard or any division thereof shall be granted a military leave for the period of such service, plus ninety (90) days. An employee who volunteers for such service shall be granted a leave of absence if necessary in accordance with applicable state or federal laws. Upon the termination of such service or upon honorable discharge, the employee shall be entitled to return to his/her position in the classified service provided such still exists and the employee is otherwise qualified, without any lass of standing of any kind whatsoever. An employee who has been granted a military leave shall not, by reason of such absence, suffer any loss of benefits, nor shall the employee be prejudiced thereby with reference to salary adjustments or continuation of employment. For purposes of determining eligibility for salary adjustments or seniority in case of layoff or promotional examination, time on military leave shall be considered as time in District service. Any employee who has been granted a military leave, may upon return, be required to furnish such evidence of performance of military service or of honorable discharge as the Director of Duman Resources may deem necessary. 10.4 Family Dare Leave or Medical Leave. Upon request to the appointing authority, in each calendar year any employee who has permanent status shall be entitled to at least eighteen (18) weeks (less if so requested by the employee) leave for: a. medical leave of absence for the employee's own serious health condition which makes the employee, unable to perform the functions of the employee's position; or b. family care leave of absence without pay for reason of EAFF, .00AL 1230 19 1998-1999 MOU the birth of a child of the employee, the placement of a child with an employee in connection with the adoption or foster care of the child by the employee, or the serious illness or health condition of a child, parent, spouse, or domestic partner of the employee. The employee may be asked to provide certification of the need for family care leave or medical leave. Additional period(s) of family care or medical leave may be granted by the Fire Chief. The eighteen (18) week entitlement may be in broken periods, intermittently on a regular or irregular basis, or may include reduced work schedules depending on the specific circumstances and situations surrounding the request for leave. The eighteen (18) weeks may include use of appropriate available paid leave accruals when accruals are used to maintain pay status, but use of such accruals is not required beyond that specified in Section 10.6 below. When paid leave accruals are used for a medical or family care leave, such time shall be counted as a part of the eighteen (18) week entitlement. In the situation where husband and wife are both employed by the District, the family care or medical leave entitlement based on the birth, adoption or foster care of a child is limited to an aggregate for both employees together of eighteen (18) weeks during each calendar year period. Employees requesting family care leave are required to advise their appointing authority when their spouse is also employed by the District. For medical and family care leaves of absence under this section, the following definitions apply: a. Child: A biological, adopted, or foster child, stepchild, legal ward, conservatee or a child who is under eighteen (18) years of age for whom an employee stands in loco parentis or for whom the employee is the 1AFF,LOCAL 1230 20 1998-1999 Mou guardian or conservator or an adult uependent child of the employee. b. Paren : A biological, foster, or adoptive parent, a stepparent, legal guardian, conservator, or other person standing in loco parentis to a child. C. USe: A partner in marriage as defined in California Civil Code Section 4100. . d. Domestic Pmt: An unmarried person, eighteen (18) years or older, to whom the employee is not related and with whom the employee resides and shares the common necessities of life. e. Serious health Condition: An illness, injury, impairment, or physical or mental condition which warrants the participation of a family member to provide care during a period of treatment or supervision and involves either inpatient care in a hospital, hospice or residential health care facility or continuing treatment or continuing supervision by a health care provider (e.g.; physician or surgeon) as defined by State and Federal law. f. Certification for Family Care Leave: A written communication to the employer from a health care provider of a person for whose care the leave is being taken which need not identify the serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; IAFF,LOCAL 12'10 21 5 ` '1999 Moo I an estimate of the amount of time which the employee needs to render care or supervision; 4. a statement that the serious health condition warrants the participation of a family member to provide care during a period of treatment or supervision; or 5. if for intermittent leave or a reduced work schedule leave, the certification should indicate that the intermittent leave or reduced leave schedule is necessary for the care of the individual or will assist in their recovery, and its expected duration. g. Certification for MediQal Leave: A written communication from a health care provider of an employee with a serious health condition or illness to the employer, which need not identify the serious health condition involved, but shall contain: 1 . the date, if known, on which the serious health condition commenced; 2. the probable duration of the condition; 3. a statement that the employee is unable to perform the functions of the employees job; or 4. if for intermittent leave or a reduced work schedule leave, the certification should indicate the medical necessity for the intermittent leave or reduced leave schedule and its expected duration. h. om arable._.,Position: A position with the same or similar duties and pay which can be performed at the same or similar geographic location as the position held IAFF, LOCAL 1230 22 1998.1999 MOU prior to the leave. 10.5 Pregnancy Disability eave. Insofar as leave is taken for pregnancy disability as required under State or Federal laws that leave period will not be considered a part of the eighteen (18) week family care leave period. 10.6 Leave of Absence Replacement and Reinstatement. Any permanent employee who requests reinstatement to the classification held by the employee at the same time the employee was granted a leave of absence, shall be reinstated to a position in that classification. 10.7 Reinstatement from Family Care Medical Leave. In the case of a family care or medical leave, an employee on a full time schedule shall be reinstated to the same or comparable position if the return to work is after no more than ninety (90) work days of leave from the initial date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. 10.8 Unauthorized Absence. An unauthorized absence from the work site or failure to report for duty after a leave request has been disapproved, revoked, or canceled by the appointing authority, or at the expiration of a leave, shall be without pay. Such absence may also be grounds for disciplinary action. SECTION 11 - PROBATIONARY PERIOD. 11.1 Duras. All appointments from officially promulgated employment lists for original entrance or promotion shall be subject to a one (1 ) year probationary period. 11.2 Classes with Changed Probationary Periods. When the probsti nary riod for a class is changed, only ne�v 1AFF, LOCAL 12S.0, 1998-1999 M'- appointees to positions in the classification shall be subject to the revised probationary period. 11.3 Probation Period Time. The probationary period shall date from the time of appointment to a full-time position. 11.4 Reiection Durina Probation. An employee may be rejected during the probation period. a. meal from Rejection: Notwithstanding any other provisions of this section, an employee (probationer) shall have the right to appeal from any rejection during the probationary period based on political, religious or Union activities, race, color, national origin, sex, age, disability or sexual orientation. b. The appeal must be written, must be signed by the employee, and set forth the grounds and the facts by which it is claimed that grounds for appeal exist, and must be filed through the Assistant Fire Chief of the District by 5:00 p.m. on the seventh (7t') calendar day after the date of delivery to the employee of notice of rejection. C. The Assistant Fire 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. d. 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 orders that the appellant begin a new probation period. 1AFF,LOCAL 1230 24 1998-1999 Mou 11.5 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 Assistant Fire 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 this MCU 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 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. 11.5 Layoff During Probation. An employee who is laid off during probation, if re-employed in the same class by the District, shall be required to complete only the balance of the required probation. 11.7 Relection During Probation of Layoff Employee. An employee who has achieved permanent status in the class before layoff and who subsequently is appointed from the layoff list and then rejected during the probation period shall be automatically restored to the layoff list, unless discharged for cause, if the person is within the period of layoff eligibility. SECTIO 12 --LAYOFF AND SENIORITY ter t .t? AL 1233 25 134 -1999 MOU ......... .. ... _... 12.1 Grounds for Lay. . Any District employee(s) serving in a permanent position(s) may be laid off when the position is no longer necessary, or for reasons of economy, lack of work, lack of funds or for such other reason(s) as the Board of Supervisors deems sufficient for abolishing the position(s). 12.2 HQ.ce. The District will give employees scheduled for layoff at least fourteen (14) calendar days notice prior to their last day of employment. 12.3 Order of Layoff. The order of layoff in the District shall be based on inverse seniority in the class. 12.4 Rules on Displacing. A laid-off or displaced employee shall displace an employee in the next lower classification in the job series provided the employee meets the minimum qualifications for the classification. 12.5 Layoff..Uts. Layoff Lists are in effect for one (1 ) year from the date of layoff and contain the name(s) of person(s) laid- off, displaced or voluntarily demoted in lieu of layoff. The Layoff List for a specific class shall be the first list from which.referrals are made. There will be no referrals from other employment lists until the Layoff List for the class is exhausted or the remaining eligibles are not interested in the position. 12.6 Removal from Layoff List. An eligible may be removed from a Layoff List for: 1) failure to respond to a written or telephone notice of referral within five (5) calendar days; 2) failure to keep the Fire Chief advised of a correct mailing address or telephone number; and 3) declining an offer of employment in the same job classification from which they were laid off. 12.7 Seniority. An employee's seniority within a class for layoff and displacement purposes shall be determined by adding the employee's length of service in the particular class in question LAFF,LOCAL 1230 26 1988-1999 Mou to the employee's length of service in other classes at the same or higher level in the job series. Service for layoff and displacement purposes includes only the employee's last continuous permanent District employment. In the event of ties in seniority rights in the particular class in question, such ties shall be broken by length of last continuous permanent District employment. Any remaining ties shall be broken by random selection among the employees involved. For employees hired on April 1 , 1995, seniority for layoff and displacement purposes is shown in Attachment A. Upon promotion, demotion or transfer, employees class seniority date shall be the effective date of the promotion, demotion or transfer. 12.8 Seniority on Return From Layoff. A District employee returning from layoff shall have their seniority dates adjusted by the period of layoff separation. SECTION 13 - RESIGNATIONS An employee's voluntary termination of service is a resignation. Written or oral resignations shall be forwarded to the Administrative Assistant Fire Chief by the employee immediately and shall indicate the effective date of termination. 13.1 Reslgnat on In Good Standing. 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. 13.2 Constructive Resi nation. A constructive resignation occurs and is effective when: 1AFF, LOCAL 1230 27 1998.1999 MQU a. An employee has been absent from duty without leave for ten (1 0) consecutive working days; and b. 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. 13.3 EfferAive Reslanatoon. A resignation is effective when delivered or spoken to the District, operative either on the date or another date specified. 13.4 Revocation. A resignation that is effective is revocable only by written concurrence of the employee and the District. SECTION 14 - DISMISSAL, SUSPENSION, DEMOTION AND SEDUCTION IN SALARY 14.1 Sufficient Cause for Action. The District may reduce in salary, dismiss, suspend, or demote any employee for cause. The following are sufficient causes for such action; the list is indicative rather than inclusive of restrictions and dismissal, suspension, demotion, or reduction in salary may be based on reasons other than those specifically mentioned: a. Absence without leave. b. Conviction of any criminal act involving moral turpitude. C. Conduct tending to bring the District into disrepute. d. Disorderly or immoral conduct while on duty or representing the District. [AFF, LOCAL 1230 28 1998-1999 MOu e. Incompetence or inefficiency. f. Insubordination. g. Being at work while under the influence of liquor or illegal drugs, carrying onto the premises liquor or illegal drugs or consuming or using liquor or drugs during work hours and/or on District premises. (The District may require medical testing to determine cause.) h. Neglect of duty (i.e.; non-performance of reasonably assigned responsibilities). i. Negligent or willful damage to public property or waste of public supplies or equipment. j. 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 the District's administrative Bulletins. I. 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. o. Dishonesty or theft. P. Excessive or inexcusable absenteeism and/or tardiness. (AFF, LOCAL c i 29 1988-1999 MOM ..... ...... ... .................... 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. Reduction in salary shall not exceed five percent (5%) of the employee's base salary for a period of more than sixty (GO) consecutive calendar days. 14.2 Skellx Requirements. Notice of Proposed Action (Skelly Notice). Before taking a disciplinary action to dismiss, suspend for more than five (5) work days (forty-eight (45) hours for employees on a fifty-six (56) hour work week), temporarily reduce the pay 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. C. If it is claimed that the employee has violated a rule or regulation of the County or District, a copy of said rule shall be included with the notice. d. A statement that the employee may review and request copies of materials upon which the proposed action is based. 1AFF,LOCAL 1230 30 1998-1899 MOu e. A statement that the employee has seven (7) calendar days to respond to the District either orally or in writing. 14.3 Employee Response. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond. Upon request of the employee and for good cause, the Fire Chief, or designee, may extend in writing the period to respond. If the employee's response is not filed within seven (7) days or during any extension, the right to respond is lost. 14.4 Leave Pending Employee. Response. Pending response to a Notice of Proposed Action within the first seven (7) days or extension thereof, the District, for cause specified in writing, may place the employee on temporary leave of absence with pay. 14.5 Notice of Suspension Without Pay_ Clue to Pending Criminal Charges. Before suspending an employee due to pending criminal charges, the District shall . cause to be served either personally or by certified mail on the employee, a Notice of Suspension Due to Pending Criminal Charges, which shall contain the following: a. A statement that the employee is suspended while criminal charges are pending or until the charges are dismissed. b. A statement of the charges upon which the suspension is based and of the facts by which such charges adversely affect the District service or conflict with continued employment. GAFF, LOCAL 1230 31 1996-1999 MOV C. A statement that the employee may respond to the District either orally or in writing within seven (7) calendar days. d. A statement that disciplinary action may be taken after disposition of the charges. e. The Notice of Suspension Due to Pending Criminal Charges may include a Notice of Proposed Action (Skelly Notice) under Section 14.2. f. The District, upon giving notice as provided in this Section may immediately suspend without pay an employee against whom there is pending a criminal charge which adversely affects 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 filed-in any court. g. The Fire 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. 14.6 Procedure on Dismissal, Suspension or Disciplinary Dema ion. a. In any disciplinary action to dismiss, suspend or demote an employee in a position with the District, after having complied with the Skelly requirements where 1AFF,LOCAL 1230 32 1998.1999 Mol! applicable, the District shall make an order in writing stating specifically the causes for the action. b. Service of Order: Said order of dismissal, suspension, or demotion shall be filed with the 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. Postal Service. C. Emnlovee APeals from Order: The employee may appeal an order of dismissal, suspension or demotion to the Fire Chief or through the procedures in Section 15, Grievance Procedure, of this MOU provided that such appeal is filed in writing with the Assistant Fire Chief within ten (10) calendar days after service of said order. An employee may not both appeal to the Fire Chief and file a grievance. SECTION 15 - GRIEVANCE PROCEDURE 15.1 Definition and Procedural Stems. A grievance is any dispute which involves the interpretation or application of any provision of this MOU (excluding, however, those provisions of this MOU 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: iAFF, LOCAL 12�iO 33 1998-1999 MOU a. Step.. Any employee or group of employees who believes a provision of this MOU 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 when a grievance is filed by employees assigned to a forty (40) hour work week, of a request to hold such a meeting. b. Ste". If a grievance is not satisfactorily resolved in Step 1 above, the employee may submit the grievance in writing within five (5) calendar days to such management official, other than the Chief Officer who participated in Step 1 above, as the Fire Chief may designate. This formal written grievance shall state which provision of the MOU has been misinterpreted or misapplied, how the misinterpretation or misapplication has affected the employee to the employee's detriment, and the redress the employee seeks. A copy of each written communication on a grievance shall be filed with the Director of Human Resources. The designated management official shall have ten (10) workdays in which to respond to the grievance in writing. C. Ste . If a grievance is not satisfactorily resolved in Step 2 above, the employee may appeal in writing within five (5) workdays to the Director of Human Resources. The Director of Human Resources -or designee shall have fifteen (15) workdays in which to investigate the merit of the complaint, meet with the Fire Chief or designee and the employee to attempt to settle the grievance, and respond in writing to the employee and the employee's Union representative. EAFF,LOCAL 1230 34 1998-1999 MOu d. Stela No grievance may be processed under this Section which has not first been filed and investigated in accordance with Step 3, above and filed within live (5) calendar days of the written response of the Director of Human Resources or designee. If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this MOU, such grievance shall be submitted in writing within. five (5) calendar days to the Director of Human Resources requesting that the grievance be submitted to an Adjustment Board. Such Adjustment Board is to be comprised of two (2) union representatives, no more than one (1) of whom shall be either an employee of the District or a member of the Union presenting this grievance, and two (2) representatives of the District, no more than one (1 ) of whom shall be an employee of the District or a County employee or a member of the staff of an organization employed to represent the District in the meeting and conferring process. The Adjustment Board shall meet and render a decision within fifteen (15) calendar days of receipt of a written request. e. Std. If an Adjustment Board is unable to arrive at a majority decision, either the employee (or the County/District, when alleging a violation of Section 19 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 Board decision to the Director of Human Resources (or the designated representative of the Union when the County/District is alleging a violation of Section 19 of the MOU). Within thirty (30) Jar days of the request for arbitratic~n, th b F�tarties 1AF'FY 35 UL: -1999 MO ... ......... .... .......... .-_. ._.. 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 Section the term "workday' shall be defined as any day except a Saturday, Sunday or holiday. 15.2 ,'ape of Adius went Board and _ _Arbitration Decisions. 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 15.1 .a above. C. Proposals to add to or change this MOU or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this MOU nor any matter or subject arising out of or in connection with such proposals, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this MOU or written agreements supplementary hereto or to establish any new terms or conditions of employment. [AFF,LOCAL 1230 36 1998-1999 MOU d. If the Director of Human Resources in pursuance of the procedures outlined in Section 15.1 .c above, or the Adjustment Board in pursuance of the provisions of Section 15.1 .d above, resolve a grievance which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time; but, in the event that the grievance is carried to arbitration and such employee is found to have been properly discharged under the provisions of Section 14 (Dismissal, Suspension, Demotion and Reduction in Salary) such employee may not be ordered reinstated and no penalty may be assessed upon the County/District. 15.3 Time Limits. The time limits and steps specified above may be waived by mutual agreement of the parties to the grievance. If the District fails to meet the time limits specified in Steps 1 through 3 above, the grievance will automatically move to the next step. If a grievant fails to meet the time limits specified in Steps 1 through 5 above, the grievance will be deemed to have been settled and withdrawn. 15.4 Formal Presentation. An Official, with whom a formal grievance is filed by a grievant who is included in' a unit represented by the Union, but is not represented by the Union in the grievance, shall give the Union a copy of the formai presentation. 15.5 Compensation Com la�intss. All formal complaints involving or concerning the payment of compensation shall be initially filed in writing with the Fire Chief. Only complaints which allege that employees are not being compensated in accordance with the provisions of this MOU shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process, if not '--tailec:; I IAFF, LOCAL 1230 37 'i;fss-1993 wl�J .... ......... ......... _ __ _ ...... _.. _. ......._. _.. .. the MOU 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 MOU 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. 15.6 +GAO'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 MOU. 15.7 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. SECTION 16 - UNIFOMANGE All members of the Unit shall be paid a uniform allowance of thirty dollars ($30.00) per month. This allowance shall be for the purchase and maintenance of uniform clothing described in District Administrative Bulletin No. 140 (Uniform). SECTION 17 - RETIREMENT COVERAGE 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, January 1 , 1998 to December 31 , 1999. EAFF,LOCAL 1230 38 1998-1999 Mou 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. SECTION 18 - MINIMUM STAFFING. The minimum staffing in the East Diablo Fire Protection District shall be seven (7). Fire station staffing within the District may 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 management of the District change its policy with regard to the minimum level of staffing, it will inform the Union of such proposed 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 proper qualified relief. SECTION 19 - NO STRIKE During the term of this MOU, the Union, its members and representatives, agree that it and they will not engage in, authorize, sanction or support any strike, slowdown, refusal to perform customary duties, stoppage of work or sick-out against the District. IAFF,LOCAL 1230 39 Mou SECTION 20 - UNFAIR LABOR PRACTICE Either the District/County or the Union may file an unfair labor practice as defined in Chapter 34-22 of Resolution 81/1165 against the other. Allegations of an unfair labor practice, if not resolved in discussions between the parties, may be heard by a mutually agreed upon impartial third party. SECTION 21 - ADOPTION The provisions of this MOU shall be made applicable on the dates indicated and upon approval by the Board of Supervisors. Resolutions and Ordinances, where necessary, shall be prepared and adopted in order to implement these provisions. It is understood that where it is determined that an Ordinance is required to implement any of the foregoing provisions, said provisions shall become effective upon the first day of the month following thirty (30) days after such Ordinance is adopted. SECTION 22 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS 22.1 Scape_of ®areement. Except as otherwise specifically provided herein, this MOU represents the full and complete incorporation of those proposals which were considered and evaluated pursuant to the meet and confer process. This MOU constitutes the entire and sole agreement between the parties on any and all matters which were presented during the meet and confer process. If a proposal was made by either party and not incorporated within this Agreement, then it was considered and rejected. 1AFF,LOCAL 1230 40 1998-1999 MOu 22.2 Separability of Provi !Qns. Should any section, clause or provision of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a court of competent jurisdiction, such invalidation of such section, clause or provision shall not invalidate the remaining portions hereof, and such remaining portions shall remain in full force and effect for the duration of this MOU. 22.3 Duration of Agreement. This Agreement shall continue in full force and effect from January 1 , 1998 and ending December 31 , 1999. IAFF, LOCAL 1230 41 19981999 MOU 9 Attachment A Seniority List for Layoff and Displacement Purposes Seniority Class Seniority District 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 Bai©, Daniel Senior Firefighter 4 8 Burris, Jeff Senior Firefighter 5 9 Gonzalez, Jake Senior Firefighter 6 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 LAFF,LOCAL 1230 42 1998-1989 Mou MEMORANDUM OF UNDERSTANIOING BETWEEN EAST DIABLO FIRE PROTECTION DISTRICT AND IAFF, LOCAL 1 230 This Memorandum of Understanding (MOU) is entered into pursuant to the authority contained in Board of Supervisors Resolution 8111185 and has been jointly prepared by the parties. The Employee Relations Officer (County Administrator) is the representative of the Contra Costa County Board of Supervisors in its capacity as ex-officio Governing Board of the East Diablo Fire Protection District as provided in Board Resolution 81/1185. The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in the East Diablo Firefighters Unit and have freely exchanged information, opinions and proposals and have endeavored to reach agreement on matters relating to the employment conditions and employer-employee relations covering such employees. When a specific provision contained in a section of this MOU conflicts with a specific directive of the Fire District, the provision of this MOU shall prevail. This MOU shall be presented to the Contra Costa County Board of Supervisors in its capacity as ex-officio Governing Board of the East Diablo Fire Protection District as the joint recommendation of the undersigned for salary and employee benefit adjustments for the period beginning January 1 , 1998 and ending December 31 , 1999. In the event provisions of this MOU contradict any resolution, administrative bulletin or personnel rules of the County or District, the terms of this MOU shall prevail. DEFINITIONS: Appointing Authority: Fire Chief unless otherwise provided by statute or ordinance or other action by the Board of Supervisors. Class: A group of positions sufficiently similar with respect to the duties and responsibilities that similar selection procedures and qualifications may apply and that the same descriptive title may be used to designate each position allocated to the group. Class Title: The designation given to a class, to each position allocated to the class, and to the employees allocated to the class. County: Contra Costa County. t t,[id: East Diablo Fire Protection District. Demotion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is lower than the top step of the class which the employee formerly occupied. Director of Human Resources: The person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. Eligible: Any person whose name is on an employment list for a given class. 1AFF,LOCAL 1230 2 1998-1999-MOU F, : A person who is an incumbent of a"position or who is on leave of absence in accordance with provisions of this MOU and whose position is held pending the employee's return. Employment- List: A list of persons who have been found qualified for employment in a specific class. Layoff : A list of persons who have occupied positions allocated to a class in the District and who been involuntarily separated by layoff or displacement or who have voluntarily demoted in lieu of layoff. Permanent Position: Any position which has required, or which will require, the services of an incumbent without interruption for an indefinite period. Pr motion: The change of a permanent employee to another position in a class allocated to a salary range for which the top step is higher than the top step of the class which the employee formerly occupied. Posi i ► : The assigned duties and responsibilities calling for the regular full-time employment of a person. esignatim The voluntary termination of permanent employment with the District. Union: International Association of Fire Fighters, Local 1230, AFL-CIO. SECTION 9 UNION RECOGNITION The Union is the formally recognized employee organization for the East Diablo Firefighters Unit. iAFF,LOCAL 1230 3 199$ S a t U SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Board of Supervisor's Resolution 81/1165 Chapter 34-26, only a majority representative may have dues deduction and as such the Union has the exclusive privilege of dues deduction for all employees in its units. Dues deduction shall be based on the voluntary written authorization of the employee which shall remain in effect so long as the employee remains in a unit represented by the Union unless such authorization is canceled in writing by the employee in accordance with the provisions set forth in Section 2.4. The dues deduction shall be for a specified amount and uniform between members of the Union. The Union shall indemnify, defend and hold the District harmless against any claims made and against any suit instituted against the District on account of dues deduction. The Union shall refund to the District any amounts paid to it in error upon the presentation of supporting evidence. 2.2 Union Dues Form. Employees hired in classifications assigned to the unit represented by the Union shall, as a condition of employment at the time of employment, complete a union dues authorization card provided by the Union and shall have deducted from their paychecks the membership dues of the Union. Said employees shall have thirty (30) days from the date of hire to decide if they do not want to become a member of the Union. Such decision not to become a member of the Union must be made in writing to the Auditor-Controller with a copy to the Labor Relations Service Unit within said thirty (30) day period. If the employee decides not to become a member of the Union, any union dues previously deducted from the employee's paycheck shall be returned to the employee and said amount shall be deducted from the next dues deduction check sent to the Union. If 1AFF,LOCAL 1230 4 1998-1999 Mou the employee does not notify the County in writing of the decision not to become a member within the thirty (30) day period, the employee shall be deemed to have voluntarily agreed to pay the dues of the Union. Each such dues authorization form referenced above shall include a statement that the Union and the District have entered into a MOU, that the employee is required to authorize payroll deductions of union dues as a condition of employment, and that such authorization may be revoked within the first thirty (30) days of employment upon proper written notice by the employee within said thirty (30) day period as set forth above. Each such employee shall, upon written completion of the authorization form, receive a copy of said authorization form which shall be deemed proper notice of the employee's right to revoke said authorization. 2.3 Maintenance of Membership. All employees in units represented by the Union who are currently paying dues to the Union and all employees in such units who hereafter become members of the Union shall, as a condition of continued employment, pay dues to the Union for the duration of this MOU and each year thereafter so long as the Union continues to represent the position to which the employee is assigned, unless the employee has exercised the option to cease paying dues in accordance with Section 2.4. 2.4 Withdrawal of Membership. By notifying the Auditor- Controllers uditorController's Department in writing, between June 1 to June 30 of any year, any employee may withdraw from Union membership and discontinue paying dues as of the payroll period commencing June 1st, and reflected in the July 10th paycheck. Immediately upon the close of the above-mentioned thirty (30) day period, the Auditor-Controller shall submit to the Union a list of the employees who have rescinded their authorization for dues deduction. 1AFF,LOCAL 1230 5 189 -": you e 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 Fire Chief 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 Labor Relations Manager; said representatives may distribute employee organization literature in areas designated by the 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 1AFF,LOCAL 1230 6 4998-1899 MOU that in each such instance advance arrangements, including disclosure of which of the above purposes is the reason fbr the visit, will be made with the Fire Chief or designee and the visit will not interfere with the District's services. 2.6 Use of District Buildings. The Union shall be allowed the use of areas normally used for meeting purposes for meetings of District employees during non-work hours when: a. such space is available and its use by the Union is scheduled twenty-four (24) hours in advance; b. there is no additional cost to the District; C. it does not interfere with normal District operations; d. employees in attendance are not on duty and are not scheduled for duty; e. the meetings are on matters within the scope of representation. The administrative official responsible for the space shall establish and maintain scheduling of such uses. The Union shall maintain proper order at the meeting and see that the space is left in a clean and orderly condition. The use of District equipment (other than items normally used in the conduct of business meetings such as desks, chairs, ashtrays and blackboards) is prohibited, even though it may be present in the meeting area. 2.7 Advance Notice. The Union shall, except in cases of emergency, have the right to reasonable notice of any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the Board, or boards and commissions designated by the Board, and to meet with the body considering the ratter. #AFF, LOCAL 1130 7 1998.1999 Mou The listing of an item on a public agenda, or the mailing of a copy of a proposal at least seventy-two (72) hours before the item will be heard, or the delivery of a copy of the proposal at least twenty- four (24) hours before the item will be heard, shall constitute notice. 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. 2,9 List of Employ es with..Q.,ugs.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 employees who are paying health and welfare deductions to the Union. 2.9 .Asslanment of Classes to Barak_a ni_n Units. The Labor Relations Manager shall assign new classes in accordance with the following procedure. a. Initiall 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 Determines oon.. The Labor 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 1AF'F,LOCAL 1230 8 1998-1999 MOU Manager 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 8111166. 2.10 Written Statement for New Employees. The District will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Union, that the employee's classification is represented by the Union and the name of a representative of the Union. The County will provide the employee with a packet of information which has been supplied by the Union and approved by the County. 2.11 Modification & Decertification., For the duration of this MOU, the following shall apply: Resolution 81/1165 Section 34-12_nr18 - Unit Determination (a) shall be modified in the first paragraph to delete the ten percent (10%) requirement for an employee organization intervening in the unit determination process and substitute therefore a thirty percent (30%) requirement. _R_esolution 81/1165 Section 34-12,012 - Election Procedure (b) shall be modified in the first paragraph to delete the ten percent (10%) requirement for any recognized employee organization(s) to appear on the ballot and substitute therefore a thirty percent (30%) requirement. Resolution 8-1/1165 ______Section___3A-_12_01Q - Modificatim -of 1apLe_w_nAtakn__ Units shall be f::edified in the first sentenr , by IAFF,LOCAL ; 9 1998-#V�u � !OU adding words to the effect of "most recent" to the date of determination. This section shall be modified in the second sentence to require that petitions for modification of a representation unit be filed during a period of not more than one hundred and fifty (150) days nor less than one hundred and twenty (120) days prior to the expiration of the MOU in effect. The last sentence of this section shall be modified so that ,modification of a representation unit shall not negate the term of an existing MOU between the District and the recognized employee organization of the unit prior to the modification proceedings. shall be modified in the first sentence by adding words to the effect of "most recent" to the date of formal recognition and by requiring the petition be submitted during a period of not more than one hundred and fifty (150) days nor less than one hundred and twenty (120) days prior to the expiration of the MOU in effect. SECTION 3 - NO DISCRIMINATION There shall be no discrimination because of race, creed, color, national origin, sex, sexual orientation or Union activities against any employee or applicant for employment by the District or by anyone employed by the District; and to the extent prohibited by applicable State and Federal law, there shall be no discrimination because of age. There shall be no discrimination against any disabled person solely because of such disability unless that disability prevents the person from meeting the minimum standards established for a position or from carrying out the duties of the position safely. SECTION 4 - OFFICIAL REPRESENTATIVES 4.1 Attendance at Meetinas. Employees designated as [AFF,LOCAL 1230 10 1998-1999 MOu official representatives of the., Union shall be allowed to attend meetings held by County/District agencies during regular working hours on district time as follows: a. if their attendance is required by the District or County at a specific meeting; b. if their attendance is sought by a hearing body for presentation of testimony or other reasons; C. if their attendance is required for meetings scheduled at reasonable times agreeable to all. parties, required for settlement of grievances filed pursuant to Section 15, Grievance Procedure, of this MOU; d. if they are designated as an official representative, in which case they may utilize a reasonable time at each level of the proceedings to assist an employee to present a grievance; e. if they are designated as spokesperson or representative of the Union and as such make representations or presentations at meetings or hearings on wages, salaries and working conditions; provided in each case advance arrangements for time away from the employee's work station or assignment are made with the Fire Chief; f. if their attendance does not conflict with Fire District emergency operations. The District will not pay for Association or Union meetings or functions. 4.2 n[Qn Repre ntatty . Official representatives of the Anion sell be allowed a reasonable amoum c;-f. timc. ?off wit, ..It 1AFF,LOCAL 1230 11 1998.199ti "VIDU