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RESOLUTIONS - 01012002 - 2002-647
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Resolution on October 1, 2002, bythe following vote: AYES: Supervisors Uilkema, DeSaulnier, Glover and Gioia NOES: None X3SENT: None 3S7AIN: Visor Gerber* Resolution No. 2002164 ' Subject: <dopt the Memorandum of Understanding) vjth the I.A;F.t~. Local 1230 BE IT RESOLVED that the Board of Supervisors of Contra Costa County in its capacity axe ex-officio Governing Board of the Contra Costa County Fire Protection District XPOPT the extension of the Memorandum of Understanding (MOU) [copy attached and it eluded as part of this document] between Contra Costa County Fire Protection District Wild i!A.F.F. Local 1230 -jointly signed by Kathy Ito, Labor Relations Manager, and Lou Plulson, I.A.F.F. Local 1230 President - regarding economic terms and conditions for Ma, rch 16, 2000 through March 31, 2006 for those classifications represented by that ernployee organization. In lieu of a retroactive pay calculation requiring special payroll processing back to April 1,.2002, the County will make a lump sum payment to each eligible employee, without beck interest, for the months of April 1, 2002 through September 30, 2002 computed as f�>lows: Employee regular pay, hourly based earnings including overtime pay and other earnings computed as a percentage of::case pay will be added together for each applicable pay period to determine appropriate pay base. This base w1t be multiplied by five percent(5%). Tha, payment amount thus computed,will be added to the employee's November 10,2002 paycheck where It will belisted as"LUMP SUM PAY"and will be subject to required deductions such as taxes and retirement. An employee believing there is an underpayment resulting from this methodology exceeding fifty dollars($50.00), may contact their Department personnel officer. The Auditor-Controller's office will investigate and issue the additional pay, if owed, as soon as possible. *See attached addenduva I hereby certify that this Is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown: ATTESTED: October 1, 2002 JOHN SWEETEN, Clerk of the Board of Supervisors and County Administrator By I L:Lk ,,,,,,,.® ,Deputy Cori=:act:Human Resources Department(Kathyito Q 5-1785) cc: Labor Relations Unit Personnel Services Unit Auditor-Controller County Counsel Lou Paulson,Local 1230 ADDENDUM T../ ITEM D.3 — October 1, 2002 rwrw�rr�rrr�r�r wi�rrr_•s�r���rr.r•�rrr Supervisor Gerber made the following statement: "Mr. Chairman, on this item, based on my husband's employment,there may be a requirement for disqualification. So to avoid the appearance of any possible conflict with the State Political Act, I am disqualifying myself from acting on closed session employee organization negotiations and on this agenda item. The circumstances are indirect and not obvious in the law, so I am acting affirmatively in Girder to avoid any appearance of conflict. I am actually going to leave the room while you consider this." i I i r MEMORANDUM OF UNDERSTANDING BETWEEN CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT AND UNITED PROFESSIONAL. FIRE FIGHTERS I.A.F.F. LOCAL 1238 This Memorandum of Understanding (MCT) is entered into pursuant to the authority contained in Beard of Supervisors Resolution 81/1165 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 Contra Costa County, Fire Protection District as provided in Board Resolution 81/1165. The. parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment for the employees in the Fire Suppression and 'Prevention !'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 mployeremployee relations covering such employees. Personnel Bulletins in effect in the Contra Costa County Fire ;Protection District as of August 31 , 1995, are incorporated by reference to this MOU and are made a part hereof as if fully !set forth herein. DEFINITIONS This Memorandum of Understanding shall be presented to the Contra Costa County Board of Supervisors in its capacity as ex-officio Governing Board of the Contra Costa County Fire Protection District as the joint recommendation of the undersigned for terms and conditions of employment for the period beginning March 16, 2000 and ending March 31 , 2006. - In the event provisions of this Memorandum of Understanding contradict any resolution, administrative bulletin or personnel rules of the County or District, the terms of this Memorandum of Understanding shall prevail. DEFINITIONS A. Appointing Authority: Fire Chief unless otherwise provided by statute or ordinance. B. 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. C. Class Title. the designation given to a class, to each position allocated to the class, and to the employees allocated to the class. D. County: Contra Costa County. E. Demotion: the change of a permanent employee to another position in a class allocated to a salary IAFF. LOCAL 1230 2 2000 - 2006 MOU DEFINITIONS range for which the top step is lower than the top step of the class which the employee formerly occupied except as provided for under "Transfer" or as otherwise provided for in this Memorandum of Understanding or in the Personnel Management Regulations. F. District: Contra Costa County Fire Protection District. G. Director of Human Resources: the person designated by the County Administrator to serve as the Assistant County Administrator-Director of Human Resources. H. Eligible: any person whose name is on an employment or reemployment or layoff list for a given class. I. Employee: a person who is an incumbent of a position or who is on leave of absence in accordance with provisions of this Memorandum of Understanding and whose position is held pending the employee's 'return. J. Employment List: a list of persons, who have been found qualified for employment in a specific class. K. Layoff List: means a list of persons who have occupied positions allocated to a class in the Merit System and who have been involuntarily separated by layoff or displacement, or demoted by displacement; or have voluntarily demoted in lieu of IAFF. LOCAL 1230 3 2000 - 2006 MOU i DEFINITIONS layoff or displacement; or have transferred in lieu of layoff or displacement. L. Merit System: the Contra Costa County Merit System. M. Permanent-Intermittent Position: any position which requires the services of an incumbent for an indefinite period but on an irregularly scheduled, less than full-time basis. N. Permanent Part-Time Position: any position which will require the services of an incumbent for an indefinite period but on a regularly scheduled, less than full-time basis. 0. Personnel: the same as employee. P. Permanent Position: any position which has required, or which will require the services of an incumbent without interruption, for an indefinite period. Q. Project Employee: an employee who is engaged in a time-limited program or service by reason of limited or restricted funding. Such positions are typically funded from outside sources but may be funded from District revenues. R. Promotion: 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 IAFF. LOCAL 1230 4 2000 - 2006 MOU DEF1NMONS occupied, except as provided for under "Transfer," or as otherwise provided for in this Memorandum of Understanding .or in the Personnel Management Regulations. S. Position: the assigned duties and responsibilities calling for the regular full-time,_ .-.part-time or intermittent employment of a person. T. Reallocation. the act of reassigning an individual position from one class to another class at the same range of the salary schedule or to a class which is allocated to another range that is within five {5} percent of the top step, except as otherwise provided for in the Personnel Management Regulations or other ordinances. U. Reclassification: the act of changing the allocation of a position by raising it to a higher class or reducing it to a lower class on the basis of significant changes in the kind, difficulty or responsibility of duties performed in such position. V. Reemploment List. a list of persons, who have occupied positions allocated to any class in the merit system and, who have voluntarily separated and are qualified for consideration for reappointment under the Personnel Management Regulations governing reemployment. 11'i/. Resignation: the voluntary termination of permanent employment with the District. IAFF. LOCAL 1230 5 2000 -- 2006 Moil I SECTION 1 - RECOGNITION X. Temporary Employment: any employment which will require the services of an incumbent for a limited period of time, paid on an hourly basis, not in an allocated position or in permanent status. Y. Transfer: the change of an employee who has permanent status in a position to another position in the same class in a different department, or to another position in a class which is allocated to a range on the salary plan that is within five (5) percent at top step as the class previously occupied by the employee. Z. Union. International Association of Fire Fighters, Local 1230, A.F.L.-C.I.C . SECTION, 1 - .RECOGNITION 1 .1 Union Recounition. The Union is the formally recognized employee organization for the Fire Suppression and Prevention Unit and such organization has been certified as such pursuant to Resolution 81/1165 Chapter 34-12. SECTION 2 - UNION SECURITY 2.1 Dues Deduction. Pursuant to Resolution 81/1- 165 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 members in its unit. Dues deduction shall be based on the voluntary written IAFF. LOCAL 1230 6 2000 - 2006 MOU . e � . . � ■ �� . -. . . . . . .. . .. . . . . . . . . . . . .. . . . � . 2 e � , � ■ � ■ � - - � # e . f ' . . . , f �, � ® f . . .e $ e � � � f � � $ ■ ' � � _ � a _ ° f e - � f . . ■ # � � � . a � � . � � � � e � _ � ■ � » �� � � f $ ■ ■ - � � � e �f f \ _ . . e e � � � � � f $ $ � : # \ - � e . � � � � � \ � . ' ■ f @ - e e � . , ■ ` ^ e � � e - � � - e � � e � � $ �# ■ f � ` � ® ■ - . e f � ■ � - . � e � , � ■ ' � ■ ' � e . � ■ � # ■ f � . � � �. _ $� � < � � . �« » � � . e - � � $ � ■ � » � . � � ■ we _ � » � - ■ � � e � , ■ e � ■ � » ■ *■ � # � . e § � , � e e � � f ■ \ : _ . � e . . ■ � ■ $ ' e � � $ $ � . � � � � _ e � � . ■ #e � � ■ ' . ■ ' � - : � � ■ m. � � � � e ■ . � _ . . ® e � . , � � # � _ . < $ - e $ _ � � � f■ � - _ : fe e� � � ■ � _ _ � � ■ � e ■ $ � f e e � f � , . . ' . � e � � ■ ■ < ' $ � e f � f � $ ■ . 2© � � ■ § » e � � , � e # � ems $ e � � � � � « � e . , � . ` e � ■ \ - e � e � f ■ � . ' � � . � � ^ f � e f ^ ■ e m. e - . ■ � : _ ■ - � ee � - � � � � - � $ � e _ � �■ � � $ , � � e � ■ e - < e - ` . ee e »» $ e - e � - � � f $ � # \ ' ■ � ■ f � e ■ ■ e - � ■ f , - � . ■ � e � e � . �� of � $ ® \ � @ e - � � � .e � � 2e f � � � � ■ e �■ ` � � . , e $ � � � � 2 e . - �. � � . _ ■ . . � \ $ $ , ■ ' $ � � : : � ee\� - � # ` . ■ �. ° . ■ � � ■ - . # . : : . �� � f @ � � . e - . $ ■ f e : e . $ - ■ . . f e ■ � - - � e e f � © e _ . ® � e � a � � � . - $ $ � � e ® � e e § � e ' ` � - e e ` - ■ e f f � � e � , ■ _ � $ � � � � � ■ ' e ' $ � ` ■ � e � f � � ■ - � e � ■ <. « § � - � � . f � e � f � e � - ' # e . - f e e f . e ° ■\ � � . ■ . � $ e � f # f . e � $ .# e f �# � 2 � � ® . ■ ' � . � - � � $ ■ _ ■ ® ee . � f - � ■ ■ . - t � � , ■ t eff - e e � . - ■ . . � � $ ' 2e $ e � . � $ . - ^ e � � ■ � . � � . � • e � . . � ■ � t � ■ , � ■ . SECTION 2 - UNION SECURITY dues authorization form referenced above shall include a statement that the Union and the District have entered into a Memorandum of Understanding, 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 Memorandum of Understanding 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-Controller'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. IAFF. LOCAL 1230 8 2000 - 2006 MOU &I Z FRU RADOUJIL-71--tsill qv 0 i ! • f 41 ! • ! ! ! ! t ♦ f • s ! t • s f • - t • • a f r ! f ~ I ! ! ! ! f ! ! • ! ! ' '! ' ' f ' ! ' f ! ' f OF t ! ! SECTION 2 r UNION SECURITY J contact a union officer on a matter within the scope or 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(s) and the visit will not interfere with the District 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 or 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 IAFF. LOCAL 1230 10 2000 - 2006 MOU all lw ! ' ! r ! r # ! ! ! # # r • # ! r r # IF a # # # a # • ! # � a r ! r r ! � r r # ar SECTION 2 - UNION SECURITY A. Initial Determination: when a new class title is established, the Labor Relations Manager shall review the composition of existing representation units to determine the appropriateness of including some or all of the employees in the new class in one or more existing representation units, and within a reasonable period of time shall notify all recognized employee organizations of the determination. B. Final Determination: The 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 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 81/1165. 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 IAFF. LOCAL 1230 12 2000 - 2005 MOU - _ ..... ......................................... . a . . : e \ . , , � ° :, e � . � e � � � f � f e e» \ f e � e � f _ f e � 3 ■ � ' . � f � � ` e © � � � $ - � . e � � # e $ � � - - � ee - - . ¥ ■ , f ■ � e � � e � » � _ � ■ - f � . ee ® # ■ � f \ � $ � � � e , ee e . � e e � f \ « � � � , , � , # ° � # - - � � � � « � � $ � � ■ , . ■ ■ � � ' e � � � $ � � $ . e f � � . � e � � e � $ $ � � _ _ $ ■ ® ' � e . $ � ■ « ©� � . $ $ t ■ fes _ e � � � , ■ f $ e � ■ f � e � _ e � e e ■ f � � 3 - - � � _ . � $ �, _ $ - �� , � � � � � � - � � $ . � � $ ��� \ � � � � f � � ` � e � � - \ e f f � ^ � . e � ■ �e 2< _ e < $ � . ` - e ` ■ -� $ ' , - ■ � ® < e e � � � , < - � $ � \ � � $ � : ® . � � ® . $� - ■ �` e � � � $ ' ■ e - e � - � ~ e � _ ■ � ■ � .■ of � . - - � f ■ ® � ;' � $ ' , � � e . ' - � e � � f � $ ■ � fe - � e e � f � ■ ■ ¥ _ � e � � , # e - , � e f e , e� � � ■ . � e � . � - . � $ , $ _ » � • , � � � f . e e � . ■ ~ ? ' % � � . � � $ ■ e ■ _ e $ � ® - ■ - � � �� ■ � , e - . . ■ e � $ � - ° - - � - ■ � ee � � ■ e # � e � T - � � � � $ $ ° - � � ■ . � ® ■ » . f $ ■ - ® � � � � _ e . � � \ ¥ � \ e � � � » e � � � � � � e � ® e ■ a � f .� � e �■ f � , # f . ■ e � ee � � $ $ _ � e ' � - � � e � � � e � ' � a . � # � ■ � � # e e . ° # e ' � , � e � � � e ` e , # . $ $ _ © � $ - § , « - e ' # ¥ � ■ ' � � � $ ■ � � � ■ e . - - e �� e � e � � � - . � $ _ e . � � e � . ■ - . _ e ■ � � � 2 . - _ � � f ® ■ � � ^ � � t � ■ � � � ■ � � ■ $ � � e � e � � � � e @ � , ■ ■ _ - ■ � . - �\ e � . � e � �e � ' � � � e , f . � e . . ■ � � ■ � � ■ . ■ - � � a � e ■ - � f - � � f ■ � � e � - � � � � � � �■ ) : „ : . $ . SECTION 3 - NO DISCRIMINATION recognized employee organization of the unit prior to the modification proceedings. Resolution 81/1165 Section 34-12.018 Decertification Procedure 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 Memorandum of Understanding 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; 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 that position or from carrying out the duties of the position safely. There shall be no discrimination because of Union membership or legitimate Union activity against any employee or applicant for employment. The District and the Union recognize that the District has an obligation in accordance with the Americans with Disabilities Act (ADA) to reasonably accommodate disabled employees. If by reason of the aforesaid requirement the District contemplates actions to provide reasonable accommodation IAFF. LOCAL 1230 14 2000 - 2006 MOU ........ .... __ __. Ali # ► r • w . ` w 1 # # # # s # • • ' SECTION 4 - OFFICIAL REPRESENTATIVES 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 and the District or County agency calling the meeting is responsible for determining that the attendance of the particular employee{s} is required; F. if their attendance does not conflict with Fire District emergency operations. 4.2 Union Representatives. Official representatives of the Union shall be allowed time off on District time for meetings during regular working hours when formally meeting and conferring in good faith or consulting with the Employee Relations officer -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 appropriate Fire District emergency operations. IAFF. LOCAL 1230 16 2000 - 2006 MOU __ SECTION 5 - SALARIES SECTION 5 - SALARIES 5.1 General wage Increases. A. Effective on the dates indicated, all classifications in the Fire Suppression Unit of lAFF Local 1230 shall have their basic salary schedule adjusted upward as follows: July 1 , 2000: 7% March 1 , 2001 : 2% July 1 , 2001 : 3% Additionally, employees designated as safety employees (for retirement purposes) represented by lAFF Local 1230 will receive the following wage increases: April 1 , 2002: 5.0% (less a 2.25% deduction for retirement benefits) April 1, 2003: 5.0% (less a 2.25% deduction for retirement benefits) April 1 , 2004: 5.0% (less a 2.25% deduction for retirement benefits) April 1 , 2005: 5.0% (less a 2.25% deduction for retirement benefits) All other classifications will receive the following wage increases: April_ 1 , 2002: 5.0% April 1 , 2003: 3.0% April 1 , 2004: 3.0% April 1 , 2005.q3.0% B. The parties recognize that Section 5 of the 1989- 1992 MOU provided for compensation adjustment taking into account.the average compensation of the top ten of selected fire districts and IAFF. LOCAL 1230 17 2000 — 2006 MOO ............... SECTION 5 - SALARIES departments, and that such provision is not continued under this MCU. The text of the inoperative provision. is as follows: Effective January 1 , 1990, January 1 , 1991 , and January 1 , 1992, each represented classification shall receive a general wage increase of that number of levels on the County Salary Schedule Closest to the percentages generated in the following manner: 1 . During the Fall of 1989, 1990 and 1991 , the County and the Union shall jointly survey the same eighteen (18) San Francisco-Bay Area Fire Districts and Departments (hereinafter "jurisdictions") which the County and the Union surveyed in the Fall of 1988. The survey shall be completed no later than January 10 of each year, and shall reflect data available at that time. The number and identity of the jurisdictions surveyed may be changed by mutual agreement. The salary survey generated from the data received from said jurisdictions shall be displayed in a chart listing each jurisdiction by name, Base Salary (top step firefighter), Holiday Pay, Differential Pay, Uniform Allowance, and the total of such pay categories (hereinafter "Pay Subtotal") for each jurisdiction. The surveyed jurisdictions shall be ranked according to the Pay Subtotals for each jurisdiction. The County and the Union shall thereafter determine the average Pay Subtotal for the ten (10) highest ranking IAFF. LOCAL 1230 18 2000 - 2006 'MOOU i SECTION5 - SALARIES jurisdictions (hereinafter "Average of the Top Ten") and shall also determine the percentage difference between the Average of the Top Ten and the Contra Costa County Fire Protection District, using the same pay categories and resultant Pay Subtotal. Such percentage shall'hereinafter be known as the Percentage Difference with the Top Ten. 2. The preliminary determination of the general wage increase shall be the percentage increase (decrease) in the Consumer Price Index for Urban Wage Earners and Clerical Workers, revised, Ban Francisco-Bay Area, all items, (1982-84 = 100) for the period December 1988 through December 1989, December 1989 through December 1990, and December 1990 through December 1991 , respectively (hereinafter "CPI-W"). The final determination of the general wage increase shall be the amount of the increase (decrease) in the CPI-W(rounded to the nearest tenth of a percent), plus that percentage amount in excess thereof which equals the percentage difference with the Top Ten (or minus that percentage amount less than the average with the Top Ten, in the event the average of the Top Ten should be less than the CPI-W), provided, however, that the final determination of the general wage increase determined by the foregoing process shall not exceed the percentage increase (decrease) in the CPI-W plus two percent (2%) and shall not be less 1AFF. LOCAL 1230 19 2000 - 2006 MOU SECTION 5 - SALARIES than the percentage increase (decrease) in the CPI-W minus two percent (2%). 5.2 Entrance Salary. New employees shall generally be appointed at the minimum step of the salary range established for the particular class of position to which the appointment is made. However, the appointing authority may fill a particular position at a step above the minimum of the range. 5.3 Anniversary Dates. Anniversary dates will be set as follows: A. New Employees. The anniversary date of a new employee is the first day of the calendar month after the calendar month when the employee successfully completes six. (6) months service provided however, if an employee began work on the first regularly scheduled workday of the month the anniversary date is the first day of the calendar month when the employee successfully completes six (6) months service. B. Promotions. The anniversary date of a promoted employee is determined as for a new employee in Subsection 5.3.A above. C. Transfer. Reallocation and Reclassification. The anniversary date of an employee who is transferred to another position or one whose position has been reallocated or reclassified to a class allocated to the same salary range or to a salary range which is within five percent (5%) of the top step of the IAFF. LOCAL 1230 20 2000 - 2006 MOU loop "OF do IV # w ` ! • ! ! ! ! 10 11 i ye iI1I 1r ! ♦ ' ! ! ' ` ! ` ! ♦ s ! '� SECTION 5 - SALARIES satisfactory performance by the employee. The appointing authority may recommend denial of the increment or denial subject to one additional review at some specified date before the next anniversary which must be set at the time the original report is returned. . Except as herein provided, increments within range shall not be granted more frequently than once a year, nor shall more than one (1 ) step within-range increment be granted at one time. In case an appointing authority recommends denial of the within range increment on some particular anniversary date, but recommends a special salary review, the special salary review shall not affect the regular salary review on the next anniversary date. Nothing herein shall be construed to make the granting of increments mandatory on the District. If the District,verifies in writing that an administrative or clerical error was made in failing to submit the documents needed to advance an employee to the next salary step on the first of the month when eligible, said advancement shall be made retroactive to the first of the month when eligible. 5.5 Part-Time Compensation. A parttime employee shall be .paid a monthly salary in the same ratio to the full- time monthly rate to which the employee would be entitled as a full-time employee under the provisions of this Section 5 as the number of hours per week in the employee's part-time work schedule bears to the number of hours in the-full-time work schedule. of the District. 5.6 Compensation for Portion of Month. Any employee who works less than any full calendar month, IAFF. LOCAL 1230 22 2000 -- 2006 MOU - � . . - � $ �» � $ _ � e � � \ ■ � ' e � � 2 ■ e � � � � ■ ewe # ■ ' . . . a $ $ .. _ $ ■ � ■ fe a � � e � � e � e _ . e � - ■ e f _ < _ ■ � � . $ $ � � � - � e ■ � 2 � $ , $ � - e . f � � � ■ � � � � � e � . e . � - - � e ■ � t � . . ® »e e - § , ■ . AP a - e , e . ev � ■ � � e° � ee � ■ � � � � § � � _ � � � $ « � � � ° . < . Wr $ - e ■ - : § , , f e f , � � - � w : $ � � f � � - � $ a - � ■ - ? � : � �. f ■ � � ■ 2 ■ , ef _ - lie e ` f _ ■ � $ $ . - * � fe - . e : < ° _ $ � . . ��� # ® � e � e ■. . e � � @ ® - qw . < � e . » � ' ■ � e , e . - � e ® e � - ■ � » � , � $ $ . 41 40IV e - $ e t e . tee < ■ - \ e ` - � , \ ® ■ � - ¥ . � � � . . . $ � � � � e m -4 � � e ■ , e � _ $ - _ � ■ » � e ' � � ■ � e ■ � ■ » � �� . , © . - ■ � ■ � � - e � * »� - � � � ° � - �� � f e ` . - » # � � f $ ■ \ e � $ - e - : , � < » \ � * ■ , $ f $ e � � ' e ■ ! # � : # . ■ ■ . < dR _ . ; � � � Vit , ■ & e , � � ^ cam , - ! & � < � � , � $ _ - . . ■ - - * ■ # �- » . _ < ■ _ ' $ ■ � # ■ - , ee � e ■ f e , ■ - < . a \ ■ � , 2■ N , � 0 SECTION 5 - SALARIES previously allocated, when the number of steps remain the same, shall be compensated at the same step in the new salary range the employee was receiving in the range to which the class was previously allocated. If the reallocation is from one salary range with more steps to a range with fewer steps or vice versa, the employee shall be compensated at the step on the new range which is in the same percentage ratio to the top step of the new range as was the salary received before reallocated to the top step of the old range, but in no case shall any employee be compensated at less than the first step of the range to which the class Is allocated. B. In the event that a classification is- reallocated from a salary range with more steps to a salary range with fewer steps on the salary schedule, apart from the general salary increase or decrease described in 5.8 A above, each incumbent of a-position in the reallocated class shall be placed upon the step of the new range which equals the rate of pay received before the reallocation. In the event that the steps.in the new range do not contain the same rates as the old range which is next above the salary rate received in the old range, or if the new range does not contain a higher step, at the step which is next lower than the salary received in the old range. C. In the event an employee is in a position which is reallocated to a different class which is allocated to a salary range the same as above or below the IAFF. LOCAL 1230 24- 2006 MOU i -.I RUO 1 # r i ` • ' i i • i r ' i r + �` ♦ i s � a i � w i ' r � a w • NIfo • a i i ` ' i # • � # i i i • i ' i w i !� iai i � • a a a r � • a ` i i i i i i a a a i w +. i i i ' i : iii "" • i # i ' i i �! ` # w Of 1 S ' R � R • � � • i SECTION 5 - SALARIES the salary will be calculated from the highest step the employee achieved prior to layoff, or from the employee's current step, whichever is higher. 5.10 Salary on Involuntary Demotion. Any employee who is demoted shall have their salary reduced to the monthly salary step in the range for the class _of position to which the employee has been demoted next lower than the salary received before demotion. In the event this decrease is less than five percent (5%), the employee's salary shall be adjusted to the step in the new range which is five percent (5%) less than the next lower step; provided, however, that the next step shall not be less than the minimum salary of the lower class. . Whenever the demotion is the result of layoff, cancellation of positions or displacement by another employee with greater seniority rights, the salary of the demoted employee shall be that step on the salary range which the employee would have achieved had the employee been continuously in the position to which the employee had been demoted, all within-range increments having been granted. 5.11 Salary on Voluntary Demotion. Whenever any employee voluntarily demotes to a position in a class having a salary schedule lower than that of the class from which the employee demotes, the employee's salary shall remain the same if the steps in the employee's new (demoted) salary range permit, and if not, the new salary shall be set at the step next below former salary. 5.12 Fire Investigation_Off-Duty Standby Differential. Fire Inspectors assigned to participate in the Fire IAFF. LOCAL 1230 26 2000 - 2006 MOU _ :::: :::::::::::::::- i 4 a op • i " .. • " # # i • i • i # r .r # ` • r • r as a of - • i . 0 SECTION 5 - SALARIES 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. The election to receive an advance shall be made on or before April 30 or October 31 of each year or during the first month of employment by filing on forms prepared by the Auditor-Controller a notice of election to receive salary advance. Each election shall become effective on the first day of the month following the deadline for filing the notice and shall remain effective until revoked. In the case of an election made pursuant to this Section 5.15 all required or requested deductions from salary shall be taken from the second installment, which is payable on the tenth (10th) day of the following month. 5.15 Pay Warrants. Employee pay warrants shall be delivered to a work place designated by the District by 8:00 a.m. on the 10th and 25th of each month. Should the 10th or 25th of the month fall on Saturday, Sunday, or a holiday, pay warrants will be delivered by 8:00 a.m. on the preceding County workday. 5.16 Ppy 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 (48) IAFF. LOCAL 1230 28 2000 -- 2006 MOU N ......... _ ........ _ -..... _ ........._ $ v $ AA . . . . . . . . .. . . .... . . .. . ... .. . .. . . � e - � . - ■� � , �e , . . .. � e , _ e e e , �� � � e - � f - ■ � ■ � . . . : . � : ® � - - ' ® - ® � ' � � - . . � � �$ f � � ~ $ . - � � � , e � . : $ . � * � ■ . � � ■ ■ . . e � ` . - � e � - � ^ � ^ ` a � @ � : � � - ® � ae - � ■ - � 2 � - : � � f � - e $ f � � � � � ee f ' � � , � ■ � e 7 ' e ' ■ , $ _ _ � - , � - ■ / . � _ a ` . � e � � � - � e � - e e , - �_ � . . 1 . � . � # � ® ■ ` ■ ® � . e . . . � � e � - - ■ . e ■ � « � � _ e e � $ ` : - e ` � . . ■ . - � � f � * � � �� � ■ ■ . � _ � # e �- f� - 2 - � - ■ ■ e ' � � � of � . - e ■ \ , : � � - $ ' ee � ` « AMR IVf ■ e , . e e e � e ■ e - � - ■ � e ~ � ` e - � � : ® ■ � e - , ' e � � � - ' a � _ � , . . e � ^ fe � � � . . e ■ � ■ . » e � . � .. � .. e . . . . � e $ - ■ � ■ $ � - , . �, e : . ■ - . e - . - $ ` e . . . . e e Je � $ , - = e ® : 2 ■ Illoill^ ! w , ■ - § I , . 11 0 SECTION 8 - UNION NOTIFICATION SECTION 8 - UNION NOTIFICATION When it appears to the Fire Chief and/or Labor Relations Manager that the Board of Supervisors may take action which will result in the layoff of employees in a unit represented by the Union, the Labor Relations Manager shall notify the Union of the possibility of such layoffs and shall meet and confer with it regarding the implementation of the action. The District agrees to give employees fourteen (14) calendar days notice of layoff except in case of emergency. SECTION 9 - HOLIDAYS 9.1 The District will observe the following holidays: A. January 1 st, known as New Years Day Third Monday in January, known as Dr. M. L. King Jr. Day Third Monday in February, known as Presidents Day February 12th, known as Lincoln's Day The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day September 9th, known as Admission Day Second Monday in October, known as Columbus Day November 11 th, known as Veteran's Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25th, known as Christmas Day Such other days as the Board of Supervisors may by resolution designate as holidays. IAI=F. LOCAL 1230 30 2000 — 2006 MOU __.... . • " • • 110 ` • • � . • R .. • . .. _ .. r • . is • ' • • • " '" • • • • r • i Iii ii . • SECTION 10 -VACATION LEAVE holiday falls on the part-time employee's regular work day. SECTION 10 - VACATION LEAVE 10.1 Vacation Leave. The rates at which employees accrue vacation credits and the maximum accumulations thereof are as follows: 40 Hour Employees Monthly Maximum Accrual C;umulam Length of Service Hours Hours Under 15 years of completed service 10 240 Beg: with 16 - 20 years completed service 13-1/3 320 Beg. with 21 - 25 years completed service 16-2/3 400 Beg. with. 26 - 30 years completed service 20 480 Beginning with 31 years service 23-1/3 560 56 Hour Shift Employees Monthly Maximum Accrual Cumulative Length of Service Hours Hours Under 15 years of completed service 14 336 Beg. with 16 - 20 years completed service 19 456 Beg. with 21 — 25 years completed service 24 576 Beg. with 26 - 30 years completed service 28 672 Beg. with 31 years service 33 _t 792 10.2 Vacation Leave on Reemployment from a Layoff List. Employees with six (6) months or more service in a permanent position prior to their layoff, who are employed IAFF. LOCAL 1230 32 2000 -- 2006 .r OU e � � ~ » e � � � � , e � ■ � e ® � ■ » � � � ■ .e of ` $ < , � � # � � < f . f _ e - ° � » � � . e ■ � . # e � f # �# $ � ' e � , .� e ` , f � ® _ ■ ■ e � $ , e � e ■ ` e , , e - a . ■ ■ � $ - - ® - � 40 � � - . 2 � , : � e \ � � _ . e ? ® ■ � ■ � � , - $ e ■ ■ , � . ® _� � ■ ? � � _ � a f � ■ ' , � $ , e - � � - � .. .� . � � e . � � $ � . ■ f ? e � � , _ � . � - < � ^ f � � , 2 � f �� � - e . f - � \ ~ e . \ ® - . ■ » _ , $ , ■ � � - eee � e � � ■ � . # . . $ _ � ■ ■ . . � � � $ f � ■ _ - a e f , ■ # - $ Aw ■ e e - e - - f : - , � - , e m : ` e e � $ 3 � - � - e < � $ ® e - ■ ■ f ` � , � � . � , � e � - - � e e� � � \ , f ■ � - - � : � e e . � ` � e e . � f : ' . � e e� - ® - - - � . � ■ _ e : ■ � . . e \ � ' ■ ■ ■ � ■ � a � _ wee . _ e $ f ^ - ' ■ e � � � _ � $ - f � 10 # �_ ~ � 2e � � e � , f2e - � � - e � � e ° _ ■ . . $ ■ � $ f < � � ■ . � - e � . f - - ■ ■ f � � � � � . � ■ . ® e � � � . ■ � � � � ■ » � f■ , � ■ . SECTION I I - SICK LEAVE 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. The District shall implement the above provision by revision and updating of the appropriate District Personnel Bulletins. 11.3 Sick Leave Utilization for Pregnancy Disability. Every female employee shall be entitled to at least four (4) months leave of absence on account of pregnancy disability and to use available sick leave or vacation pay entitlements during such leave. A. Application for such leave must be made by the employee to the appointing authority accompanied by a written statement of disability from the employee's attending physician. The statement must address itself to the employee's general physical condition having considered the nature of the work performed by the employee, and it must indicate the date of the commencement of 'the disability as well as the date the physician anticipates the disability to terminate. The District retains the right to a medical review of all requests for such leave. B. If an employee does not apply for leave and the appointing authority believes that the employee is IAFF. LOCAL 1230 34 2000 -- 2005 MOU s N<:Ns ...:.... .. _111, .. � e . _ e � e ■ ■ a - � e 2 � e � e � $ � - - � $ $ $ � , e _ . f ■ e e � e f e ■ ■ e t e � , § . � « . _ � � ■ - : e ■ � # . ■ e ■ - � # - . t 2 � e . � - - ° e � e f - . � � � - 2 ■ - $ .$ . � e f � e e , ■ � : � � � � � , � e � » e � . : � - � _ � � , e � $ $ � ■ e - e . � � � � . � \ $ e � - � t ■ � , � e ■ � ■ f e � � ` e , . � , e � ■ - , ' , ■ - � $ e � e e e � � 2 ` � e ■ - - �e - ■ , e � e % $ r, ■ � § - $10 40 400 10 � � # e � � - ' � e ■ - ` � , e f .■ � e - f ■ $ � � Vie ■ ■ - e - » . � e ■ , . \ � � f qo . e ■ f � $ � - � � ® f � e # �- ` � < e - - � - ® , . f ■ � ■ � � _ � � \ $ � � - 2 � ff � ee � - » © $ e ■ - ■ ` ■ � ® ® ■ ■ f - e \e ■ _ e < � � �e f . , � f ■ � # f � f ■ e , ! « f ' � $ ■ - � � ©� :® � - . . © # . . . ■ . . . ■ . . � � ■ < � . . . , - $ - f � � � � _ ■ $ � $ � e � � ■ . ' ~ ■ , � e e e , \ � e ■ � - � ■ e � ■ � ¥ - � 2 � , ■ - � . . . , , . � » ¥ • � - � � ` ■ � ` , � ` � � � , ■ � � . $ - . $ � � � $ e ° f � $ . ` # � $ � � � . $ � f $ ■ _ � e � � � � . \ ± � � � ■ � . � f � e � � . . ° ® ■ � e � - e � $ f � » . � f ■ � . . ■ e � ' � . : _ .e � . e � . t � � � � � � _ � ° t � � . . a - . : . . ■ � ■ ® � � _ v . .e . > § � e � . . . > � - _ ® ' ■ ` . - f \ e � � � # e ~e . � $ � « � $ . � � - ■ - � � � � � e e � , _ @ . . , ■ ■ , �■ , ■ SECTION 12 -WORKERS' COMPENSATION and/or includes any. other person for whom the employee is the legal guardian or conservator, or any person who is claimed as a "dependent" for IRS reporting purposes by the employee. 11 .5 Prearranged Medical Appointments. Employees who wish to use sick leave for prearranged doctor or dentist appointments shall notify their appropriate supervisor of the appointment twenty-four (24) hours prior to the beginning of the shift during which the appointment is scheduled. 11 .6 Legal Adoption of a Child. Paid sick leave credits may be used by an employee upon adoption of the child. 11.7 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 additional accruals other than sick leave may be authorized in conjunction with the bereavement leave at the discretion of the appointing authority. SECTION 12 — WORKERS' COMPENSATION A permanent non-safety employee shall receive 87% of regular monthly salary for all accepted claims filed,with the County on or after January 1 , 1997. Effective sixty (60) days following Board approval of this Memorandum of Understanding, a permanent non-safety employee shall receive 86% of regular monthly salary for all accepted claims IAP1=. LOCAL 1230 36 2000 - 2006 MOU SECTION 13 - LEAVE OF ABSENCE filed with the County. This provision excludes these safety employees entitled to benefits as defined under the Workers' Compensation Laws of California, Labor Code Section 4850. SECTION 1, LEAVE„OF ABSENCE 13.1 Leave Without, . 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. 1-3.2 General Administration - Leaves of Absence. Requests for leave without pay shall be made 'upon forms prescribed by the Director of Human resources- and shall state specifically the reason for the request, the date when it is desired to begin the leave, and the probable date of return. A. Leave without pay may be granted for any of the following reasons: 1 . Illness or disability; 2. pregnancy; 3` parental; 4: to take a course of study such as will increase the employee's usefulness on return to the IAFF. LOCAL 1230 37 2000- 2006 MOO SECTION 13 - LEAVE OF ABSENCE position; 5. for other reasons or circumstances acceptable to the appointing authority. B. 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. C. A leave without pay may 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. D. Nevertheless, a leave of absence for the employees 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 accordance with Section 13.5 below. E. Whenever an employee who has been granted a leave without any pay desires to return before the expiration of such leave, the employee shall submit a request to the appointing authority in writing at IAFF. LOCAL 1230 38 . 2000 - 2006 MOU ` . • . . i dp • M i • • ' # .00 IV or w 10 i i � # # ' • i # # r i i ` i ' �► i M ii # # i i . i ' # # . ILA I. # qp ' i i i # . i .............. SECTION 13 - LEAVE OF ABSENCE any employee who has permanent status shall be entitled to at least eighteen (18) weeks leave Mess if so requested by the employee) 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 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. 115 Certification. 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 appointing authority. 13.8 Intermittent Use of Leave. 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 13.12 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. IAFF. LOCAL. 1230 40 2000 -- 2006 MOU Nr s ! - ! it " . � • i .. ! ! i i .. .. ! 40 10 M ! . ! ! ! • SECTION 13 - LEAVE OF ABSENCE 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; 3. 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 period of treatment or supervision; 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 IAFF. LOCAL 1230 42 2000 - 2006 MOU ....... SECTION 13 - LEAVE OF ABSENCE expected duration. g. Certification for Family Medical 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 employee's job; 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. Comparable Positions. 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 prior to the leave. Ordinarily, the job assignment will be the same duties in the same program area located in the same city, although specific clients, caseload, co-wworkers, supervisor(s), or other staffing may have changed during an employee's leave. 13.9 Pregnancy.cy Disability Leave. Insofar as pregnancy . IAFF. LOCAL 1230 43 2000'- 2006 MOU SECTION 13 . LEAVE OF ABSENCE disability leave is used under Section 11 .3 (Sick Leave Utilization for Pregnancy Disability), that time will not be considered a part of the eighteen (18) week family care leave period. 13.10 Group Hearth Plan Coverage. Employees who were members of one of the group health _plans prior to commencement of their leave of absence can maintain their health plan coverage with the District contribution by maintaining their employment in pay status as described in Section 13.12. During the eighteen (18) weeks of an approved medical or family care leave under Section 13.4 above, the District will continue its contribution for such health plan coverage even if accruals are not available for use to maintain pay status as required under Section 13.12. In order to maintain such coverage, employees are required to pay timely the full employee contribution to maintain their group health plan coverage, either through payroll deduction or by paying the County directly. 13.11 Leave without Pay - Use of Accruals. A. All Leaves of Absence. Curing the first twelve (12) month period of any leave of absence without pay, an employee may elect to maintain pay status each month by using available sick leave (if so entitled under Section 11 -- Sick Leave), vacation, floating holiday, compensatory time off or other accruals or entitlements; in other words, during the first twelve (12) months, a leave of absence without pay may be "broken" into segments and accruals used on a monthly basis at the employee's discretion. After the first twelve (12) months, the leave period may IAFF. LOCAL 1230 44 2000 -- 2006 MOU e . . . A < $ . _ 2 ■ $ ® e � e - � f ■ � ` � � e - � - ■ ■ � . 2 f $ - t$ � ~ � f e . m e e $ � - m � � & � � � � , # fe � , - � . $. � � $ � - - ■ - � � � - - � ■ ` � , � ■ � ■ � $ fe . . $ . . � � � . f _ . � � , ee � $ e � » � - _ - ■ � ® - � � . ' e . � # _ . � . . $ . . _ � � � � � � e # � f . ■ � ^` ■ - ■ e e , � e � e � � _ � ■ � � 2e � ■ e « , _ . e � � � \ � _ � ® , - � _ ■ � � 2 e . e � ° f e eee � ■ , � e ` � :fe of e � - e � . ■ e - » dr ? 4 ~ , e ; f ■ ■ « , � ■ - goee - # - ■ - - - .■ l _ e f e e - - . ■ ■ f 10 � 2 - . ® ■ � ® . . . . . f . § � � # � � � « � - $ e _ e ■ ° ■ � . , , � � � � � ■ � , ■ e � ■ � � � . _ ■ f e � e � e , � � # � � . . a . . . _ $ � � * f � ©f . $ . . � _ #» � - � � e � ■ : , e fop - f e - - ■ # . e . ■ ■ . e e Zoil e # * IN » , . . . > V-11i JLzItIMI . ; { $ _ � ® $ ? � a � - ^ _ $ � � � , � � e .■ � - � , t ■ � . . e , � . , . , � ■ � . : ■ � ; . e . SECTION 13 - LEAVE OF ABSENCE comparable position if the return to work is after no more than ninety (90) work days of leave from the in date of a continuous leave, including use of accruals, or within the equivalent on an alternate work schedule. A full time employee taking an intermittent or reduced work schedule leave shall be reinstated to the same or comparable position if the return to work on a full schedule is after no more than 720 hours, including use of accruals, of intermittent or reduced schedule leave. At the time the original leave is approved, the appointing authority shall notify the employee in writing of the final date to return to work, or the maximum number of hours of leave, in order to guarantee reinstatement to the same or comparable position. An employee on a schedule other than 5/40 shall have the time .frame for reinstatement to the same or comparable position adjusted on a pro rata basis. 13. 14 Salary Review While on Leave of Absence. The salary of an employee who is on leave of absence from a County position on any anniversary date and who has not been absent from the position on leave without pay more than six (6) months during the preceding year, shall be reviewed on the anniversary date. Employees on military leave shall receive salary increments that may accrue to them during the period of military leave. 13.15 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. IAFF. LOCAL 1230 46 2000 - 2006 MOU . . � . � � . . . ■ . . ¥ 2 � w ■ # � , � , - 2 $ � � � � � © , ■ � ¥ � ^ � � ■ ■ � : ! f . _ � � ■ _ � > � , � # . »7 � . . ® , . . ® . � � > ■ . � . . . ■ . � � � $ � e � ' e ■ � � - a � - � . � � 2 � e $ f � � � . � e e � ■ � t # - � . e ■ . � $ f � � , e � � , � e � . � � _ � � e e ■ .e � f :- � e ` . ® f ■ � � ■ ^ - � _ f � « - e � � $ � f � � � � e e � ` ® � ® � e ■ e � ■ - e �■ e � e � ee $ � ee ` f � � � � , � e f � e f � f � f e � - ■ ^ � � � � � ©- # - * ° � e - � � ■ - t � $ . , � . . e e e f_ � - � � . \ ■ . e . ` \ � e � , � . $ . # e . � -» - ` f f � � ..® ® � e e - � e e � - � ■ � © � � - $ $ � - � � . $ � $ � ` $ � $ - f e f . . e � ' . e � e e e � � - . � $ . e , ■ ■ ■ - e _ - e � e � - � _ $ ^ ® - eye ■ � tee . - e # ® $ � � $ ■ f- � � � - � . / � � ■ a e ., � _ t � . ® � � e . e ■ � . e e $ � ■ � � e .# � e e � ■ - � � � f 2 _ e �a » � � e � _ � $ _ � @ � $ e � e � � ® � e � e e , $ � - e e ' ` ■ e e - � e - � � . , � � $ - « � � f � � � $ � � - ■ f � « « f `. . , e � ■ ^ e e , f ■ $ $ . � # e ` . ® f < $ . � , ■ � � \ � & �. � � \ « . ' e � � : # ■ � � _ ■ . � � ■ e� ■ � _ - � � � ■^ ■ ■ � � � e � e . � ■ ^` ` ' e $ - ■� � � .. e . _ $ � � ■ - ■ e �� � e . $ e � � ` � $ , a � a � � � ■ � � ■ � ■ 2 � � e a ■ � - . ° ■ . r . . . , ' . ■ � ■ . ■ # � � ©e • � I/M i t i � ! w ! ! ! �` ! f w rr w • f i ! w � R ! ! ! 1 � . � # ' • ! � i i 1 ! ! . R f ! Ill ! ` - ! = R w ar # � a A � a • a ! � a * •. # # M SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE 14.7 Rate Information. The County Benefits Service Unit will make dental plan rate information and, to the extent possible, CalPERS health plan rate information available to employees and departments upon request. In addition, the County Benefits Service Unit will publish and distribute to employees and departments information about rate changes as they occur during the year. I . 14.8 Life Insurance Program. The District will continue the existing County group $7500 Term Life Insurance Plan for all permanent employees in classes represented by IAFF, Local- 1230. 14.9 Life Insurance Contributions. The District will ,. pay;the entire premium for employees who elect a CalPERS Health Plan coverage, including CCHP, and/or dental plan coverage as established above. 14.10 Premium Payments. Employee participation in any health, dental, or life insurance plan is contingent upon the employee authorizing payroll deduction by the County of the employee's share of the premium cost. The District's contribution to health plan and dental plan monthly premiums are payable as follows: A. CalPERS PLAN (Includes Alternate CCHP Plan) The District's contribution to the health plan .premium is payable one (1 ) month in advance. If an employee's compensation in any month is not sufficient to pay the employee share of the premium, the employee must make up the difference by remitting the amount delinquent to the IAFF. LOCAL 1230 s0 2000 - 2006 MOU . : . , , , � , . . . $ ■ . Itof! ¥ . � ■ ■ � \ e �$ � � e ■ � e e � & ■ . � a a . ■ # & ® � . � f ■ .� . � .e . # . $ �.e - e ® - - ® '� « � 2 � e ® . . . . . . . ■ ¥ � _ e � � ■ � � � . � � � ■ e � - f ■ # - �. , e . y . . . $ � � e . . : . � � � e ■ _ � � ' e ■ � f . � , ~- $ � - $ ■ f � � � - « � f � � e � ` , � �■ $ � � � � � e � t ' ? e e \ e � ■ - e e � $ $ ■ � � : . . � . . � e w . � � f - e e �: � ° � m a ' « « ' ° & # - � � - ° � $ $� ' - ■ � � ■ ■ � $ f@ � ' , . � � ■ . e » . . � , � f _ e - e .$ e � � � ` » - - , ■ - * � , ' ■ _ ■ f # e ■ - e . » - e e f f ? _ ■ , ` . . _ - e � . ■ � � � e � � . � l f � e � - e - # e � $ ■ � � e a - � � # ` � $ e � ■ � . e . � � e , � � ■ . f , af , � � $ f e <e � � - $ e $ e , e ■ � e � ■ � e . e - $ gee - e @ ■ . . ■ e ' - ' ■ . oo e @ -. � ■ . , _ e . � _ f � ®« « � f a e e � ° � � - � . ` ■ - ® - � e � . ■ � ■ �' _ e 6 . , ■ f ■ � ■ � . � � � , � � e , . f � e - � ■ ■ : _ ® ® e � � , � e � � » � � ■ $ - � ^ ■ � - ■ - � , ■ - e e - ■ ■ A m # Is ■ - ` $ \ � e . ■ � - » e , . ■ � � - � $ � . e $ e � � . � # $ e � ■ , � e e $ � , � e � $ : � - f � ■ _ e ■ ■ © � � e - � � # � � � � � ■ $ � � '2 � . # � .. , �� . , ■ ■ � ■ ■ � � e SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE who terminate District employment may continue Group Health/Dental plan coverage to the extent provided under the COBRA regulations. 14.12 Retirement coverage. Eligibility for health and/or dental coverage as a retiree or retiree's survivor is established by the Board of Supervisors. Employees enrolled in the CalPERS alternative plan (CCHP) at the time of retirement are permanently precluded from enrolling in either a CalPERS or District health plan in the future. 14.13 Dual coverage. A. CalPERS Health Plan. Employees must adhere to the rules as established by CaIPERS. B. Dental Plans. (1 ) In the event either of a husband or wife, who both work for the County, becomes ineligible._- for coverage, the remaining eligible member shall be allowed to (a) enroll in a dental plan, if not currently enrolled, or (b) add the spouse and or dependent(s) to their existing plan coverage provided -they do so within thirty (30) days of the date coverage is no longer afforded under the spouse's plan. (2) In the event a spouse who does not work for the County becomes ineligible for coverage, the County employee shall be-allowed to enroll in a dental plan, if not currently enrolled, or add the spouse and or dependent(s) to their existing plan coverage provided they do so within thirty (30) days of the date coverage is no longer IAFF. LOCAL 1230 62 2000 - 2006 MOU i SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE afforded under the spouse's plan and evidence of the termination of coverage is provided by the spouse's employer. 14.14 PERS Lang Term Care. The District will deduct and remit monthly premium and eligible lists to the PERS Long Term Care Administrator, at no employee cost, for District employees who are eligible and voluntarily elect to purchase long term care through the PERS Long Term Care Program. The District further agrees that District employees interested in purchasing PERS Long Term Care may participate in meetings scheduled by PENS Long Term Care on District facilities during -non-work hours. (i.e.: coffee breaks, lunch hour). 14.15 Health Care Spa ding ccount. The County will offer regular full-time and part-time (20/40 or greeter) District employees the option - to participate in a Health 'Care Spending Account (HCSA) program designated to qualify for tax savings under Section 125 of the Internal Revenue Cade, but such savings are not guaranteed. The HCSA Program allows employees to set aside a pre-determined amount of money from their paycheck, not to exceed $2400 per year, for health care expenses not reimbursed by any other health benefits plan with before tax dollars. Effective January 1 , 2001 , the HCSA Program will allow employees to set aside a predetermined amount from their paycheck, not-to-exceed 13000 per year, for health care expenses not reimbursed by ,any other health benefits plan with before tax dollars. HCSA dollars can be expended on any eligible medical expenses llowed by Internal Revenue Code Section 125. Any unused AFF. LOCAL 1230 63 2000---.2006 MOU SECTION 15 - FIREFIGHTER RECRUIT balance can not be recovered by the employee. SECTION 15 - FIREFIGHTER RECRUIT New "Firefighters" will be appointed to the class of Firefighter-Recruit for the duration of their academy training period. Advancement to Firefighter will be made upon successful completion of academy training and possession of a valid California Emergency Medical Technician — 1 (EMT -- 1 ) certificate. SECTION 16 - PROBATIONARY PERIOD 15.1 Duration. All appointments from officially promulgated employment lists for original entrance and promotion shall be subject. to a probationary period. For original entrance appointments, the probationary period shall be for nine (9) months unless otherwise noted below. For promotional appointments, the probation period shall be from six (6) months to one (1 ) year duration. 16.2 Classes with Probationary Periods in Excess of Six (f)/Nine (9) Months. Listed below are those classes represented by the Union which have probation periods in excess of nine (9) months for original entrance appointments and six (6) months for promotional appointments: Fire Captain - one (1 ) year Firefighter - one (1 ) year Firefighter-Paramedic - one (1 ) year Fire District Dispatcher - one (1 ) year IAFF. LOCAL 1230 54 2000 - 2005 MOU _ _ _._ \ . ■ , ! m# » e . - . - . - # ■ ^ � - � $ ° - - � ■ � f � � � _ $ � ` ■ < � $ \ ■ , . f e � � � � - e ee � e � � . e ' ■ ■ e e - ■ ■ � - � _ $ e ■ � ® - � $ ee � e - _ . � � e � $ - ` $ - e 2f lie $ ■ e , eOF e % ■ $ , w ® ■ ■ , : ' _ e ■ ^ - ■ ■ ■ _ . ■ , - ■ - e ■ � � e ■ e � � ` ■ $ � < _ e � . ■ - f � � ^ � ■ . � ef � $ e ` e � _ , ee $ � - � ■ e - : ■ $ $ � � f� . ■ . - ■ - � � ee ° e � e � � e ' e ■ $ -a . e . � f _ 2 # � ■ � - � ' � ■ . e » � e ■ f � e $ e � e ° . e � - \ . - $ e � e . � � « ® - e $ . f- � § . _ f $ - ■ � . e $ � _ � ■ ■ � � � eee . ` e .$ e - � , � � . � f � � e2 e � � � � � f $ � . e « ■ _ $ � ■ � \ $ e ■ ■ $ , � ■ ■ f e ? ■ ` » e � e � e - - e ■ e � - � e � - * . e ' e . $ $ � # § ' � ■ « � . . ■ - � e # � - � � �� wee ■ ` $ e . e ® � ee $ � ® - ° e � � � ■ � a . : - ■ - a � � e ■ e e $ » $ � _ of � _ 2 � � � - f $ �� e , �e � ® � ■ � t � ^� � � � ■ � * ■ e ` . a # �«� � � �e ■ ��e � � e � ■ � - \e� . . . f . . . . � $ ■ < � e � . , $ � ■ ■ , .' # ■ � � e , . e � # � e ` e - ® f - . ■ . . � ® . � , . e � } , ■ , ' « , � « � � � f ■ ■ � f � « e �� ® . � a e � e � �t ■ �$ $ � ^ e ■ ` ae - a - � e � f$ ■ f f ■ $ t . � ¥ @ f ■ , f e e ■ , e _ ^ � e * $ e ` ■ f� \ ± � � - emse ■ ■ . ® e a � $ � - _ �$ �� . � «. . ■ . . -� ■ e � . . ■ . . ® . $ � � ■ � , ■ a � � � # SECTION 16 - PROBATIONARY PERIOD provisions of this section, an employee (probationer) shall have the right to, appeal from any rejection during the probationary period based on political, or religious or union activities, or race, color, national origin, sex, age, handicap, 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 under subsection (A) and must be filed through the Director of Human Resources to the Merit Board by 5:00 p.m. on the 7th calendar day after the date of delivery to the employee of notice of rejection. C. The Merit Board shall consider the appeal, and if it f finds probable cause to believe that the rejection may have been based on grounds prohibited in subsection (A), it may refer the matter to a Hearing Officer for hearing, recommend findings of fact, conclusions of law and decision, pursuant to the relevant provisions of the Merit Board rules in which proceedings the rejected probationer has the burden of proof. D. If the Merit Board finds no probable cause for a hearing, it shall deny the appeal. If, after hearing, the Merit Board upholds the appeal, the appellant shall complete only the remainder of the-probation period unless the Merit Board specifically orders that the appellant begin a new probation period. 16.6 Regular Appointment. The regular appointment IAFF. LOCAL 1230 66 2000 - 2006 MOU SECTION 16 - PROBATIONARY PERIOD of a probationary employee shall begin on the day following the end of the probationary period, subject to the condition that the Director of Human Resources receive from the appointing authority a statement in writing that the services of the employee during the probationary period were satisfactory and that the employee 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 Memorandum of Understanding, without notice and without right of appeal or hearing. If the appointing authority has not returned the probation report, a probationary employee may be rejected from the,service within a reasonable time after the probation period for failure to pass probation. If the appointing authority fails to submit in a timely manner the proper written documents certifying that a probationary employee has served in a satisfactory manner and later acknowledges it was the appointing authority's intention to do so,.:the regular appointment shall begin on the day following the end of the probationary period. Notwithstanding any other provisions of this Memorandum of Understanding, an employee rejected during the probation period from a position in the Merit System to which the employee had been promoted or transferred from an eligible list, shall be restored to a position in the District from which the employee was promoted or transferred. An employee dismissed for other than disciplinary reasons within six (6) months after being promoted or transferred from.a position in the Merit System to a position not included in the Merit System shall be restored to a position in the classification in the District from which the employee was promoted or transferred. A probationary employee who has been rejected . IAI=F. LOCAL 1230 57 2000 2006 MOU SECTION 18 - PROBATIONARY PERIOD or has resigned during probation shall not be restored to the eligible list from which the employee was certified unless the employee receives the affirmative recommendation from the appointing authority and is certified by the Director of Human Resources whose decision is final. The Director of Human Resources shall not certify the name of a person restored to the eligible list to the same appointing authority-by whom the person was rejected from the same eligible list, unless such .certification is requested in writing by the appointing authority. 16:7 , Layoff During Probation. An employee who.is laid off during probation, if reemployed in the same class by the same District, shall be required to complete only the balance of the required probation. if reemployed in another classification, the employee shall serve a full probationary period. An appointment from a layoff or reemployment list is not subject to a probation period if the position is in the District from which the employee separated, displaced or voluntarily demoted in lieu of layoff.. 16.8 Rejection 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. The employee shall begin a neva,probation period if subsequently certified and appointed in a different district .or classification than that from which the employee was laid off. IAFF. LOCAL 1230 58 2000 - 2006 MOU SECTION 17 - PROMOTION SECTION 17 - PROMOTION 17.1 Promotion. Promotion shall be by competitive examinationunless otherwise provided in this Memorandum of Understanding. 17.2 Promotion .oI112y. The Director-. of Human Resources, upon request of an appointing authority, shall determine whether an examination is to be called on a promotional basis. 17.3 . Promotion via Reclassification without Examination. Notwithstanding other -provisions of this ,lection, an employee may be promoted from one classification to a higher classification and. his position reclassified at the request of the appointing authority and under the following conditions. A. An evaluation of the position(s) in question must show that the duties and responsibilities have significantly increased and constitute a higher level of work. B. The incumbent of the position must have performed at the higher level for one (1 ) year. C. The incumbent must meet the minimum education and experience requirements for the higher class. D. The action must have approval of the Director of Human Resources. E. The Union approves such action. 1AFF. LOCAL 1230 69 2000 - 2006 MOU SECTION 17 - PROMOTION The appropriate rules regarding probationary status and salary on promotion are applicable. 17.4 Requirements for Promotional Standing. In order to qualify for an examination called on a promotional basis, an employee must have probationary or permanent status in the merit system and must possess the minimum qualifications for the class. Applicants will be admitted to promotional examinations only if the requirements are met on or before the final filing date. If an employee who- is qualified on a promotional employment list is separated from the merit system, except by layoff, the employee's name shall be removed from the promotional list. 17..5 Seniority Credits. Employees who have qualified to take promotional examinations and who have earned a total score, not including seniority credits, of.seventy percent (70%) or more, shall receive, in addition to all other credits, five one-hundredths of one percent (.05) for each completed month of service as a permanent County employee continuously preceding the final date for filing application for said examination. For purposes of seniority credits, leaves of absence shall be considered as service. Seniority credits shall be included in the final percentage score from which the rank on the promotional list is determined. No employee, however, shall receive more than a total of five percent (5%) credit for seniority in any promotional examination. 17.6 Physical Examination as Part of Promotional Examination. District employees who are required as part of the promotional examination process to take a physical examination shall do so on District time at District expense. IAFF. LOCAL 1230 60 2000 - 2006 MOU. ,. 4 w w top • • • LIS • b A ♦ ! • ` • fR • i • • MM • ` + • Iw ` • • i as • a • in „ • r • rt • `. s • s ` . • • . • "' SECTION 19 - RESIGNATIONS A. An employee has been absent from duty for ten (10) consecutive working days, (three shifts for employees on a 55-hour work week) without leave; and B. ten (10) more consecutive days (three shifts for employees on a 5+6 hour work week) 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. 19.3 Effective„Resignation. A resignation is effective when delivered or spoken to the appointing authority, operative either'on that date or another date specified. 19.4 Revocation. A resignation that is effective is revocable, only by written concurrence of the employee and the appointing authority. 19.5 Coerced Resignations. A. Time Limit. A resignation which the employee believes has been coerced by the appointing authority may be revoked within seven (7) calendar days after its expression, by serving written notice on the Director of Human Resources and a copy on the appointing authority. B. Reinstatement. If the appointing authority acknowledges that the employee could have believed that the resignation was coerced, it shall be revoked and the employee returned to duty IAFF. LOCAL 1230 62 2000 2006 MOU � . . e ■ # : � . � . � . ' � � . e ■ � » ■ e � � � . ■ _ . �� � � � $ f e ■ � � ' � . e : e © e � � # . . . ■ ' ■ � � � � ■ $ � � e . - � � » ■ $ $ � � � e _ e � � e � f ■ ef � � \ � � � ' e � # \� � ■ � . � # - - � - f 3e � $ # 2 < ■ - � ¥e � � « ` . \ e � � ■ . � $ f _ ■ - e _ § � _ e $ �� e � - f \ & e , � ■ . ® � $ ■ � $ - ■ ■ �f � ■ � . $ � � ee � » . # f t � $ » ■ � e ■ � � � f ■ � ® t . _ ■ ef � e � . � ■ � � - e~_ ■ ef � a ■ efee ' # ■ ■ . a e . ■ � : . � � ■ 3 � ^ e � ' . $ ® � ® � � � f - � e ■ � # - � - e - � e , � ■ � . � ■ ' ■ f ' � � - e 2 . e f ■ , � e . - f � ■ ■ - � ' � e § e e . ® - . � - a � ■ - e ■ � % ■ � - $ ® . e e . . � \ _ � � . $ ' e � � $ e ° $ � , ■ 2 - $ � e e , � $ - � � e . f � ■ e . ® f � e � � e � � $ � - ■ _ � , ef © ~ $ » ■ ■ \ . ' $ . ■ $` $ ZIM3411IMMONIMIAWAIM | » « ' # ■ � . ` , . . 2 , t ` , ■ _ , . # , ■ - - « � � � � - ¢ � * � ■ e ■ � # - ■ � . ■ . . ° e ` ■ ofe ® e _ ■ . � . . , . dp , »� ¥ - fa � $ � : , � : , ■ � v . ' . ■ f $ ® . t . � , � e . � . ■ � � a , ■ � 4 � � � e . SECTION 20 - DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN SALARY of the employee's base salary for a period of more than sixty (60) consecutive calendar days. 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: 1 . absence without leave; 29 conviction of any criminal act involving moral turpitude; 3. conduct tending to bring the merit system into disrepute; 4. disorderly or immoral conduct; 5'. incompetence or inefficiency; 5. insubordination; 7. being at work under the influence of liquor or drugs, carrying onto the premises liquor or drugs or consuming or using liquor or drugs during work hours and/or on District premises; 8. neglect of duty, i.e., non-performance of reasonably assigned responsibilities; 9. negligent or willful damage to public property or waste of public supplies or equipment; 10. violation of any lawful or reasonable regulation or IAFF. LOCAL 1230 64 2000 - 2006 MOU :; �. ............................ hv:::.::.....:..:..::::::::..... SECTION 20 - DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN SALARY order given by a supervisor or Fire Chief; 11 . willful violation of any of the provisions of the Merit System {ordinance or Personnel Management Regulations; 12. material and intentional misrepresentation or concealment of any , fact in connection with obtaining employment; 13. misappropriation of District funds or property, 14. unreasonable failure or refusal to undergo any physical, medical and/or psychiatric exam and/car treatment authorized by this Memorandum of Understanding; 15. dishonesty or theft, 16. excessive or unexcused absenteeism and/or tardiness, 17. 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 aff=ecting employment decisions concerning an individual, interfering with an individual's work performance, or creating an intimidating, hostile or an offensive working environment. 20.2 Skeliy,eauirements. Before taking a disciplinary . IAFF. LOCAL 1230 66 2000- 2006 MOU SECTION 20 DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN SALARY action to dismiss, suspend for more than five (5) work days (48 hours for employees on a 58 hour workweek) or demote an employee, the appointing authority 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. E. A statement that the employee has seven (7) calendar days to respond to the appointing authority either orally or in writing. Employee ResQgnge. The employee upon whom a Notice of Proposed Action has been served shall have seven (7) calendar days to respond to the appointing authority either orally or in writing before the proposed action may be taken. Upon request of the employee and for good cause, the appointing authority 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. IAFF. LOCAL 1230 66 2000 - 2006 MOU 41 0 do so opt M # # ! ! # # I ♦ ' f 40 MW # w # ! # ' ! • /1 # • r SECTION 21 - GRIEVANCE PROCEDURE demotion either to the Merit Board or through the procedures of Section 21 Grievance Procedure of this Memorandum of Understanding provided that such appeal is filed in writing with the Director of Human Resources within -ten (10) calendar days after service of said order. An employee may not both appeal to the Merit Board and file a grievance under Section 21 of this Memorandum of Understanding. SECTION 21 - GRIEVANCE PROCEDURE 21 .1 Grievance Procedure. A grievance is any dispute which involves the interpretation or application of any provision of this Memorandum of Understanding (excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the--decision of any County/District official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure) or disciplinary actions. The Union may represent the employee at any stage of the process. Grievances must be filed within fifteen (15) days of the incident or occurrence about which the employee claims to have a grievance and shall be processed in the following manner. A. Step 1 . Any employee or group of employees who believes a provision of this Memorandum of Understanding has been misinterpreted or misapplied to the employee's detriment shall discuss the complaint on an informal basis with the employee's appropriate chief officer who shall meet IAFF. LOCAL 1230 68 2000 -- 2006 MOU \ � e . . ' . - � � . - � e . � ■ f . . _ � ee � 3 ® , � a � e ■ e . ■ 2 ■ � f , - . � ® $ ^ � � � ? � e - $ ■ ° ■ � ; . _ � , � f , ■ � - _ � f � - e $ - ^ e $ f ® _ � � « � ® e ■ � e ^ . � � $ $ e . ~ - # . _ - e . + » # $ ■ � . - # \ � e f , � ■ � : � � e � � e - a � � � $ $ $ $ � - - $ ■ � - � , � \ $ : � e � _ f � ■ � � - « . , ' � ■ , � e � � e \ . . � � , ■ ® � . ■ < § � e ` . - . ? � f . e � e ■ , # � - ■ . ` � f � � ■ $ f , . , � 9 ZME`■ » f e ' - f � � � \ : � � ^ ■ � $ ^ ■ ■ . . ® � � . . ■ - ® . ■ . \ � . ■ - � . » e e � � , � e - � � � « . � .f e f - $ ■ . . . . �: . $ � ■ : f � . . � � * �e f � � ■ � . _ ee � , ■ � � , � _^ � � � e 2 - ' � e e � f ' � $ � � ' � ■ ■ - - : - ` : � e e « f _ - ■ � » , ■ � ■ � a ' , \ f , « ± - ■ � � � $ � . � e e . , � -. - . e � 2� a � e f © ■ » ` e lw � \■ ` � � e ■ ■ - e f , � ' � e \ $ ° _ � - # � � ■ e - � � - � � � ■ e � ' , � � # ■ - , � : ■ � � � � ` � �e ■ . . � e � � ■ � � e e ® -� � e $ e � ■ ® - � e � e � ■ � � e .. $ � $ $ � . .. . . . # � . . # � - � - � -. � ■ � - � e � ■ a � , $ e � . � � - , 2 \ � � e e � e - f � $ � � � � e e � ' e ¥ � . � ■ $ ` ® - 2 e � fIV _ a .e � . #■ ■ e e . * e � - � « � r . ■ • ' „ ■ � . � ■ = e SECTION 21 - GRIEVANCE PROCEDURE D. Step 4. 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 five (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 arty grievance which arises and is presented during the term of this Memorandum of Understanding, 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 three (3) 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 three (3) representatives of the District, no more than one (1 ) of whom shall be an employee of a District covered by this MOU, 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. Step 5. 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 21 .2 below) may require the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the employee and the IAFF. LOCAL 1230 70 2000 - 2006 MOU lw 40 4W w w+ ! ! ! Iv f � 11R! ` • ! ! ! • ! I ! • • ! ! rt ! • ! ,� f esu � � . • SECTION 21 - GRIEVANCE PROCEDURE falls within the definition of a grievance as set forth in Section 21 .1 above. C. Proposals to add to or change this Memorandum of Understanding or to change written agreements supplementary hereto shall not be arbitrable and no proposal to modify, amend, or terminate this Memorandum of Understanding 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 Memorandum of Understanding or written agreements supplementary hereto or to establish any new terms or conditions of employment. D. If the Director of Human Resources in pursuance of the procedures outlined in Section 21 .1C above, or the Adjustment Board in pursuance of the provi- sions of Section 21 .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 20, such employee may not be ordered reinstated and no penalty may be assessed upon the County/District. 21.3 Clarification on Time Limits of the Grievance Procedure. The time limits and steps specified above may be waived by mutual agreement of the parties to the IAFF. LOCAL 1230 72 2000 - 2006 MOU Leel Pi 4 111 i i � i � � � i • i w i i i i ` i • • r i i �' ` i � � • r r ! ` i 4p i i i i r • i i i r i ' ' .r i 0 �1 :: o � • � i i i i i i i r • i ! " 4 i i i ` i • i i i i ' r ' i i . i i i ` � i • � i i �! r i ' i • i i ' i i i ii ' i i i i ! , i ` • ' it ' i i ' i ' i ' r i ` i ' i i t • i i � # sir i i r ! .r i i ! ` # • i ' SECTION 21 - GRIEVANCE.PROCEDURE Understanding, 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 sickout against the District. In the case of a legally declared lawful strike against a private or public sector employer which has been sanctioned and- approved by the labor body or council having jurisdiction, an employee who is in danger of physical harm shall not be required to cross the picket line, provided the employee advises the employee's supervisor as soon as possible, and provided further that an employee may be required to cross a picket line where the performance of the employee's duties. is of an emergency nature and/or failure to perform such duties might cause or aggravate a danger to public health or safety. 21.7 Merit Board. __.A. All grievances of employees in representation units represented by the Union shall be processed under Section 21 unless the employee elects to apply to the Merit Board on matters within its jurisdiction. B. No action under Steps (3), (4) or (5) of Subsection 21 .1 above shall be taken if action on the complaint or grievance has been taken by the Merit Board, or if the complaint or grievance is pending before the Merit Board. 21 .8 Grievance Filing. The Union may file a grievance at Step 3 on behalf of;affected employees when action by the IAF . LOCAL 1230 74 2000- 2006 MOU . . $ . � � ~ - � : . e ' � e ° . . .. . . . . . .. _ .. . e � � a � � � , �e � ■ � � � e � a ■ � e � < ■ e � f . , ■ e » < ■ � ■ � � f e �_ e 2 e \ e f < ._ � .$ $ ' # � _ , � , e^ to $ , ■ f .� � � e � ® � � � � ■ �e � f ■ . � ■ � � � ■ $ ' e ■ »� : - e e _ : < . � �fe � ` � � \ ■ � � e � � $ 2 » # � � � ` e ■ � \ e � e e � ■ � ■ � � � � $ $ � � . a . .e « e � f ` f $ � f e � _ � e � - ■ - e � � � e � f � ° ■ ■ - 2 � ■ � ef � � e f � � : � � � fe ■ � � � \ $ . � � � - . � � � $ � - � . \ $ ® ■ � e � - . e e ` � e .� � - ■ �.� e � � $ e , e � � : . �$ ' , e . f f � � � � �e � e : e � � e � � - e � e # t e � ` ® . . $ _ � ' � � � ■ � � � � � $ � . � ■ J � e $ ■ . � � . , � $ $ $ e # ` f e ` \ � $ @ $ . f \ 3 . , � .@ $ e . . , � e . � ® e < . � �f $ ■ � � � , \ e . - � , # � . e � e ` ■ ® � � e e � � & e � � :e ■ � e � - � � � ' � # � � ■ $ � � ■ � �e f ■ � e ` � <� e � � e $ f e � » � $ � ■ ® � f $ # � � � ' 4 e $ _ e - � '� � - � � � � ■ f . - _ e - � _ 2 ■ � e e� � ■ � � � ® e � ' e ` : $ � . e $ � e . ■ � � ■ �■ $ � � e ■ . e � ' � � # ■ � � f . # - f2e # � of ■ ■ � � $ ± e e � - � $ $ ' � e . � e _ e � e e � e � t e $ - f � ■ e �� � - ^e � e e � e - ■ fe . � $ ■ � � ` • � e � _ � : � ■ « ■ , ■ � ■ ■ : - e SECTION 23 - SAFETY employee's earnings pretax based on the individual employee's retirement, contribution percentage, based on age of entry into the retirement system. Employees shall be responsible for payment of the employees' contribution for the retirement _cost of living program as determined by the Board of Retirement of the Contra Costa County Employees' Retirement Association without the District paying any part of the employees' share. The District will pay the remaining one-half (1/2) of the retirement cost-of-living program contribution. SECTION 23 - SAFETY The District shall expend every effort to see to it 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. SECTION 24 - MILEAGE Reimbursement for Use of Personal Vehicle. The mileage allowance for use of personal vehicles on County business shall be paid according to the rates allowed by the Internal Revenue Service and shall be adjusted to reflect changes in this rate on the date it becomes effective 'or the first of the month following announcement of the changed rate by the Internal Revenue Service, whichever is later. IAFF. LOCAL 1230 76 2000 - 2006 MOU i ii - • TV doi • i i . .. i i i • • � i i • i i � • • i ! i "" • i i • • i rii ii . ' i i . ' �! . • . � '' iift is - i • i i 0 i • ! iii i # • i i i � .+ .. i • i .r - w i i + � ;, i • • ' .. i i i i i i w � i i " i i • " i i • ! ` i • i "' • • • i • • i # . iii ' SECTION 27- MINIMUM STAFFING as. a condition of 'employment. The district will provide initial certification , training to these employees. 5. The foregoing certifications shall be included in minimum qualifications for the foregoing job classifications. SECTION 27- MINIMUM STAFFING The present minimum shift schedule of staffing in the Fire Protection District shall be as follows: Contra Costa Fire Protection District 95 Fire station staffing within the District may be reduced below the scheduled level in order to accommodate Fire District programs. Said levels of staffing may be reduced by such events as the closure of a fire station. For the duration of this Memorandum the District will continue the present policies with .regard to staffing as described above. Should the management of the District change its policies with regard to the minimum level of staffing, it will inform the Union of such proposed changes -and meet and confer with the Union over the effect of such policy changes on workload and safety. SECTION 28- PARAMEDIC PAY DIFFERENTIALS A qualified paramedic who is regularly assigned as the Paramedic in an Advanced Life Support Engine Company shall receive a monthly Paramedic pay differential of ten IAFF. LOCAL 1230 78 2000..,.._2006 MOU t • r a SECTION 31- SERVICE AWARDS representative's right to assist an employee to clarify the facts during the interview. SECTION 31- SERVICE AWARDS The District shall continue its present policy with respect to service awards including time off, provided, however, that the type of award given shall be at the sole discretion of the County. SECTION 32- DEFINITION {For Service Awards and Vacation Accruals) The length of service credits of each employee of the County/District shall date from the beginning of the last period of continuous County/District employment (including temporary, provisional, and permanent status, and absences on approved leave of absence). When an employee separates from a permanent position in good standing and within two (2) years is reemployed in a permanent County/District position or is reemployed in a permanent County/District position from a layoff list within the period of layoff eligibility, service credits shall include all credits accumulated at time of separation, but shall not include the period of separation. The Director of Human Resources shall determine these matters based on the employee status records in his department. SECTION 33 •- ACTUARIAL STUDY Provided Legislation is enacted that will make a Retirement IAFF. LOCAL 1230 80 2000 - 2006 MOS/ # - • �, # 1 � ,� . it IMP # # # $T1] AV SECTION 36 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS SECTION 36 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS 36.1 Scope of Agreement. Except as otherwise specifically provided herein, this Memorandum of Understanding represents the full and complete incorporation of those proposals which were considered and evaluated pursuant to the meet and confer process. This Memorandum of Understanding 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. The Union understands and agrees that the County and/or District is not obligated to meet and confer regarding wages, hours or conditions of employment during the term of this extended agreement, except as otherwise required by law. 36.2 Separability of Provisions. Should any section, clause or provision of this Memorandum of Understanding 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 Memorandum of .Understanding. 36.3 Personnel Management Regulations`: -where a specific provision contained in a section of this Memorandum of Understanding conflicts with a specific provision contained in a section of the Personnel Management Regulations, the provision of this Memorandum of Understanding shall IAFF. LOCAL 1230 82 2000.- 2006 MOU 4011 IC i A i 0 . - i i i ' i IV or a # ,. 0 • i • it 11 . i sEancww"IT -PAsT PRACTICES & EXi3TtNG MEMORANDA"OF UWDERSTANDING DATE: li UNITED PROFESSIONAL FIRE FIGHTERS, CONTRA COSTA FIRE IAFF, LOCAL 1230 PROTECTION- DISTRICT r PRESIDENT VICE PRESIDENT VICE PRESIDENT VICE PRESIDENT 1AFF_ LOCAL 1230 84 2000 =»2006 MOU