HomeMy WebLinkAboutRESOLUTIONS - 01012002 - 2002-238 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA
Adopted this Resolution on April 16, 2002, bythe fallowing vote:
AYES: 6UPERVISOR UILKEMA, GERBER, De6AULNIER, GLOVER, GIOIA
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Resolution No. 20021 238
Subject:
Adapt the Memorandum of Understanding)
with the East County Firefighters' )
Association }
BE IT RESOLVED that the Board of Supervisors of Contra Costa County in its
capacity as ex-officio Governing Board of the Oakley Fire Protection District
ADOPT the Memorandum of Understanding (MOU) [copy attached and included
as part of this document] between the Oakley Fire Protection District and the East
County Firefighters' Association (formerly the (Oakley-Knightsen Firefighters'
Association)- jointly signed by Kathy Ito, Labor Relations Manager, and Brian
Helmick, President of the East County Firefighters' Association - regarding
economic terms and conditions for October 1, 2001 through September 30, 2004
for these classifications represented by that employee organization.
In lieu of a retroactive pay requiring special payroll processing back to October 1, 2001,
the County will make a lump sum payment to each eligible employee, without interest,
for:
(1) the months of October 2001, through April 2002, computed as follows: employee regular pay,
overtime pay, and specific other earnings ordinarily computed as a percentage of base pay will be added
together for each applicable pay period to determine the appropriate pay base, This base will be
multiplied by a percentage amount that equates to a one dollar($1.00) per hour increase for each of the
classifications represented by the East County Firefighters'Association. The correct percentage amount
will be calculated by the Auditor-Controller.
The payment amount, thus computed, will be added to the employee's May 10, 2002
paycheck where it will be listed separately as a "LUMP SUM PAYMENT" and will be
subject to normal deductions such as tax and retirement,
Any employee believing there is an underpayment resulting from this methodology
exceeding $50.00 may contact the District. The Auditor's office will investigate and issue
the additional pay, if owed, as soon as possible,
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 show:
ATTESTED: April 16, 2002
JOHN SWEETEN, Clerk of the Board of
Supervisors and QountRa��
By puty
Contact: Human Resources department(Kathy Ito @ 5-1785)
cc: Labor Relations Unit
Personnel Services Unit
Auditor—Controller/Payroll
Brian Helmick, East County Firefighters'Association
MEMORANDUM OF UNDERSTANDING
BETWEEN
OAKLEY FIRE PROTECTION DISTRICT
AND
EAST COUNTY FIREFIGHTERS' ASSOCIATION
This Memorandum of Understanding (MOU) is entered
into pursuant to the authority contained in Board of
Supervisors Resolution 81/1165 and has been jointly
prepared by the parties.
The Employee Relations Officer (County Administrator in
his capacity as the Employee Relations Officer for the
District) is the representative of the Contra Costa County
Board of Supervisors in its capacity as ex-officio
Governing Board of the Oakley 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 County
Firefighters Association 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.
Whenever reference is made herein to the County or to
EC FIREFIGHTERS ASSN - 1 - 2001-2004 MOO
SECTION 1 .ASSOCIATION RECOGNITION
County officers or employees, a reference to the County
shall be deemed to be a reference to the District and to a
County officer or employee shall be deemed to be a
reference to that officer or employee acting in the capacity
as a District officer or employee.
This MOU shall be presented to the Contra Costa County
Board of Supervisors in its capacity as ex-officio
Governing Board of the Oakley Fire Protection District as
the joint recommendation of the undersigned for salary
and employee benefit adjustments for the period
beginning October 1 , 2001 and ending September 30,
2004.
In the event previsions of this MOU contradict any
resolution, administrative bulletin or personnel rules of the
District, the terms of this MOU shall prevail.
E TI N 1 AS OQIATION RECOGNITIOKI
The Association is the formally recognized employee
organization for the Oakley Reserve Firefighters Unit.
-SECTION-2 --ASSOCIATIQN SECURITY
2.1 Duo Deduction. Pursuant to Board of
Supervisor's Resolution 81/1165 Chapter 34-28, only a
majority representative may have dues deduction and as
such the Association has the exclusive privilege of dues
deduction for all employees in its units.
EC FIREFIGHTERS ASSN .2 - 2001-2004 MOU
SECTION 2-ASSOCIATION SECURITY
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 Association 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
Association. The Association 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 Association shall refund to the
District any amounts paid to it in error upon the
presentation of supporting evidence.
2.2 Association Dues Form. Employees hired in
classifications assigned to the unit represented by the
Association shall, as a condition of employment at the time
of employment, complete a association dues authorization
card provided by the Association and shall have deducted
from their paychecks the membership dues of the
Association. Said employees shall have thirty (30) days
from the date of hire to decide if they do not vivant to
become a member of the Association.
Such decision not to become a member of the Association
must be made in writing to the Auditor-Controller, acting in
his her capacity as District Auditor-Controller, with a copy
to the Employee Relations Officer within said thirty (30)
day period. If the employee decides not to become a
member of the Association, any Association dues
previously deducted from the employee's paycheck shall
be returned to the employee and said amount shall be
EC FIREFIGHTERS ASSN - 3 - 2001-2004 MOU
SECTION 2 -ASSOCIATION SECURITY
deducted from the next dues deduction check sent to the
Association. If the employee does not notify the District 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 Association.
Each such dues authorization form referenced above shall
include a statement that the Association and the District
have entered into an MOU, that the employee is required
to authorize payroll deductions of Association 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
farm which shall be deemed proper notice of the
employee's right to revoke said authorization.
2.3 Maintenance of Membershigr. All employees in
units represented by the Association who are currently
paying dues to the Association and all employees in such
units who hereafter become members of the Association
shall, as a condition of continued employment, pay dues to
the Association for the duration of this MOU and each year
thereafter so long as the Association 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.
EC FIREFIGHTERS ASSN .4 - 2001-2004 MOU
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SECTION Z-ASSOCIATION SECURITY
Such placement and/or distribution shall not be performed
by on-duty employees. The Association 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 Association 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
Fire Chief or designee and the visit will not- interfere with
the District's services.
2.6 Use of District Buflidi gs. The Association 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
Association is scheduled twenty-four (24) hours
in advance;
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SECTION 2 -ASSOCIATION SECURITY
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
Association 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.
27 Advance Not'l ee. The Association- 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 matter.
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
EC FIREFIGHTERS ASSN - 7 - 2001-2004 MOU
SECTION 2-ASSOCIATION SECURITY
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.
2.8 ..i f Employees ith Dues De-d-uction. The
District shall provide the Association with a monthly list of
employees who are paying dues to the Association and a
monthly list of employees who are paying health and
welfare deductions to the Association.
.9 As i nam nt of, Ql s s tq Bargain!nUnits.
The Labor Relations Manager shall assign new classes in
accordance with the following procedure:
a. Initial Determination: When a new class title is
established, the Employee relations Officer or
designee 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_.-- Deter nation: The Employee Relations
Officer or designee's determination is final unless
within ten (10) days after notification a
EC FIREFIGHTERS ASSN .13 - 2001-2004 #MOU
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SECTION 3 . NO DISCRIMINATION
days prior to the expiration of the MOU in effect.
SECTION 3 No DISCRIMINATION
There shall be no discrimination because of race, creed,
calor, national origin, sex, sexual orientation or
Association activities against any employee or applicant
for employment by the Association or anyone employed by
the Association or 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.
SE TION 4 - OFFICIAL REPRESENTATIVES
4.1 Attend nce at Meetings. Employees designated
as official representatives of the Association 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;
EC FIREFIGHTERS assn - 11 - 2001-2004 Mou
SECTION 4 - OFFICIAL REPRESENTATIVES
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 Association 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 meetings or
functions.
4.2 Association Reoresentatives official
representatives of the Association shall be allowed a
reasonable amount of time off without loss of
compensation or other benefits for meetings during regular
working hours when formally meeting and conferring in
good faith or consulting with the Employee Relations
EC FIREFIGHTERS ASSN - 12 - 2001-2004 MOU
SECTION 5 - SALARIES
Manager or designee 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.
SECTION 5 - SALARIES,
5.1 Salary Rates. Effective October 1 , 2001 ,
fallowing adoption of the Memorandum of Understanding
by the Board of Supervisors acting in their capacity as the
Governing Board of the Oakley Fire-Protection District, the
hourly rates for classes represented by the East County
Firefighters Association shall be in accordance with the
Salary Schedule as follows:
Class
Fire Captain $12.00 per hour
Sr. Firefighter $12.00 per hour
Firefighter $11 .00 per hour
Entry Level $8.50 per hour
Firefighter
Effective October 1 , 2002, the above salary rates shall be
increased by $1 .00 per hour. Effective October 1 , 2003,
the salary rates will be increased by an additional $1 .00
per hour.
EC FIREFIGHTERS ASSN - 13 - 2001-2004 MOU
SAECTION 5 - SALARIES
Employees who possess current certification as an
EmergencyMedical Technician or Paramedic shall receive
a differential of fifty cents ($.50) per hour.
Fire Captains shall continue to be eligible for monthly
compensation in the amount of ' one-hundred dollars
($100.00) for performance of ongoing operational, training
or maintenance assignments at the discretion of the Fire
Chief.
In accordance with requirements of the County payroll
system, timekeeping for employees' time worked will be
accounted for in minimum one-tenth (1/10) hour (6 minute)
increments.
5.2 Pav_ment. On the tenth (1 ot") 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.
5.3 Pgv_ Warrants. Employee pay warrants shall be
delivered to a work place designated by the District by
12:00 p.m. on the tenth (1 oto`) day of each month. Should
the tenth (1'oth) 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
EC FIREFIGHTERS ASSN - 14 - 2001-2004 MOU
SECTION 6- OVERTIME
Department that the error will be corrected and a new
warrant issued within forty-eight (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.
SECTION 8 OVERTIME
Overtime is any authorized and approved work performed
in excess of forty (40) hours a week. All overtime shall be
compensated in accordance with applicable Federal
laws).
SECTION 7 — WORKERS' COMPENSATION
Employees who are injured on the job shall receive
disability benefits in accordance with applicable State
laws).
SECTION 8 - LEAVE OF ABSENCE
8.1 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.
EC FIREFIGHTERS ASSN _ 15 - 2001-2004 MOU
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SECTION 9 - RESIGNATIONS
SEreJ1QN 9-.----RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written or oral resignations shall be forwarded
to the Fire Chief by the employee immediately and shall
indicate the effective date of termination.
9.1 Resignation 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.
9.2 Effective Re ianation. A resignation is effective
when delivered or spoken to the District, operative either
on the date or another date specified.
9.3 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee
and the District.
SECTION 10 - GRIEVANCE PROCEDURE
10.1 Definition and Procedural Steps. 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 District official shall be
final, the interpretation or application of those provisions
not being subject to the grievance procedure) or
EC FIREFIGHTERS ASSN - 17 - 2001-2004 MOU
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SECTION 90 - GRIEVANCE PROCEDURE
by the Board of Supervisors 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. 15tgp,5. If an Adjustment Board is unable to arrive
at a majority decision, either the employee or the
District 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. 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 District. 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.
EC FIREFIGHTERS ASSN - 20 . 2001-2004 thou
SECTION 10 - GRIEVANCE PROCEDURE
10.2 'cQ12e of Adjustment 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 Association 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
18.1 .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.
EC FIREFIGHTERS ASSN - 21 - 2001-2004 MOU
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SECTION 11 - PERSONNEL FILES
SECTION 11 — PERSONNEL FILES
11 .1 Inspection. Each employee, or an employee's
representative so designated by written authorization of
the employee, shall have the right to inspect and review
the employee's personnel file upon request at reasonable
times and for reasonable periods during the regular
business hours of the County.
11 .2 Ingo ction Exclusigns. Documentation in the
personnel file relating to the investigation of a possible
criminal offense, medical records which contain a
physician's admonition that the employee not see such
records, and information or letters of reference shall be
specifically excluded from such inspection and review.
11 .3 Employgq Response. The County shall afford
the employee the opportunity to respond in writing to any
information contained in their personnel file. Such
response shall be included in the employee's personnel
file.
SECTION 12 -..SAFETY
The District shall expend every effort to ensure that the
work performed under the terms and conditions of this
Memorandum of Understanding is performed with
maximum degree of safety consistent with the requirement
to conduct efficient operations.
EC FIREFIGHTERS ASSN - 24 - 2001-2004 Mou
SECTION 13 - EMPLOYEE REPRESENTATION RIGHTS
SECTION 11-- EMPLOYEE REPRESENTATION RIGHTS
The District recognizes an employee's right to
representation during any disciplinary interview or meeting
which may result in discipline. The District will not interfere
with the representative's right to assist an employee to
clarify the facts during the interview.
ECTION 14 - SERVICE AWARDS
The District shall continue its present policy with respect
Positive Recognition; provided, however, that the type of
award given shall be at the sole discretion of the District.
SECTION 15 — UNIFORMS
Effective May 1 , 2002, all employees in represented
classes, who have worked twenty-four (24) scheduled four
(4) hour shifts (ninety-six (96) hours) between March 1 ,
2001 and February 28, 2002 will be eligible to receive a
uniform consisting of one (1 ) District T-shirt, one (1 )
uniform shirt, and one (1 ) pair of uniform pants. A shift
consists of time worked in an Oakley Fire Protection
District station or time worked performing public education,
hydrant inspections and building inspections for the
Oakley Fire Protection District.
Effective May 1 , 2004, all employees in represented
classes, who have worked twenty-four (24) scheduled four
(4) hour shifts (ninety-six (96) hours) between March 1 ,
EC FIREFIGHTERS ASSN - 25 - 2001-2004 MOU
SECTION 97--JOB CLASSIFICATIONS
2003 and February 29, 2004 will be eligible to receive a
uniform consisting of one (1 ) District T-shirt, one (1 )
uniform shirt, and one (1 ) pair of uniform pants. A shift
consists of time worked in an Oakley Fire Protection
District station or time worked performing public education,
hydrant inspections and building inspections for the
Oakley Fire Protection District.
The District will have the sole discretion in selecting the
vendor from which the uniforms will be purchased.
SECTION 16 -- TRAININt�
The District will provide training in compliance with all
State and Federal laws.
SECTION 17 — JOB CLASSIFICATIONS
The District will modify or establish job classes in
accordance with Board of Supervisors Resolution 8111165
(Employer-Employee Resolution).
SECTIQ 'IS- ADOPTION
The provisions of this MCU 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
EC FIREFIGHTERS ASSN - 26 . 2001-2004 MOU
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.SLCTION 20- PAST PRACTICES
VECTION 20- PAST PRACTICES
Continuance of working conditions and past practices
within the ' scope of representation not specifically
authorized by ordinance or by resolution of the Board of
Supervisors is not guaranteed by this Memorandum of
Understanding. The parties recognize, however, that
certain practices exist by virtue of having been
acknowledged and accepted by the Fire Chief and
representatives of the Association on specific policies
covering groups of employees. Any disagreement as to
whether such alleged practice within the , scope of
representation meets the criteria set forth above shall be
subject to the grievance procedure.
VECTION 21 - UNFAIR LABOR PRACTICE
Either the District/County or the Association may file an
Unfair Labor Practice as defined in Chapter 3422 of
Resolution 81/1165 against the other.
If not resolved in discussions between the parties, the
parties may, but need not agree to have allegations of an
Unfair Labor Practice heard by a mutually agreed upon
impartial third party.
;SECTION 22— MERGERS AND REORGANIZATIONS
In the event of a proposed merger or reorganization, upon
written request, the District shall meet and confer with the
EC FIREFIGHTERS ASSN - 28 - 2001-2004 MOU
SECTION 23- Na STRIKE
Association on impact the proposed merger or
reorganization may have on items within the scope of
representation.
SECTION 23- NO STRIKE
During the term of this MOU, the Association, 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.
Dated: .-
OAKLEY FIRE EAST COUNTY
PROTECTION DISTRICT FIREFIGHTERS ASSN.
i�
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EC FIREFIGHTERS ASSN - 29 - 2001-2004 MOU