HomeMy WebLinkAboutMINUTES - 03132001 - C.2 I
I
I
I
i
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on March 13, 2001, by the following vote:
I
AYES: SUPERVISORS GIOIA, GERBER, DESAULNIER, GLOVER, AND UILKEMA
NOES: NONE
ABSENT: NONE
I
I
ABSTAIN: NONE
I
I
Resolution No. 2001/ 111
Subject:
I
Adopt the Memorandum of Understanding).
With the United Professional Firefighters )
I.A.F.F., Local 1230 I )
I
I
i
I
I
BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the
Memorandum of Understanding (copy attached and included as part of this document)
between the East Diablo Fire District and the United Professional Firefighters, I.A.F.F.,
Local 1230, jointly signed by Kathy Ito, Labor Relations Manager, and Mike Impastato,
United Professional Firefighters, I.A.F.F., Labor Representative, regarding economic
terms and conditions for January ;1, 2000 through December 31, 2001 for those
classifications represented by that employee organization.
i
I
I
I
I
I
I
I
I
I
I
I
I
I iI
I
I
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: March 13, 2001
I
JOHN SWEETEN, Clerk of the Board of
Supervi r and Coun -Administrator
I
By Q Deputy
I --
I
Contact: Human Resources Department (Kathy Ito @ 5-1785)
cc: Labor Relations Unit I
Personnel Services Unit I
Auditor—Controller/Payroll I
Mike Impastato, I.A.F.F. Local 1230
. i
RESOLUTION NO. 2001/ 111
I
I
I
f �
• I
I
I
I
I
I
I
I
I
I
I
MEMORANDUM OF UNDERSTANDING
I
I
BETWEEN
I •
EAST DIABLO
I
�ROTECTION
FIRE DISTRICT
I
AND
I
I
IAFF, LOCAL 1230
I
I
I
I
I ,
I
EFFECTIVE
I
I
January 1 , 2000 — December 31 , 2001
I
I
I
I
_ I
I
I
I
I
I
i
I
IAFF, LOCAL 1230, EAST DIABLO FIREFIGHTERS
I
TABLE OF CONTENTS
DEFINITIONS .............................................................................. 2
SECTION 1 UNION RECOGNITION ........................................ 4
SECTION 2 UNION SECURITY
2.1 Dues Deduction .................................................... 4
2.2 Agency Shop ........................................................ 5
2.3 Union Dues Form ................................................. 9
2.4 Maintenance of Membership .............................. 10
2.5 Withdrawal of Membership ................................. 10
2.6 Communicating with Employees ........................ 11
2.7 Use of District Buildings...................................... 12
2.8 Advance Notice .................................................. 13
2.9 List of Employees with Dues Deduction ............. 13
2.10 Assignment of Classes to Bargaining Units........ 14
2.11 Written Statement for New Employees............... 15
2.12 Modification & Decertification ............................. 15
I
I
SECTION 3 NO DISCRIMINATION ....................................... 16
I
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings...................................... 17
4.2 Union Representatives ....................................... 18
I
SECTION 5 SALARIES
5.1 Salary Rates ....................................................... 18
5.2 Payment.............................................................. 19
5.3 Pay Warrants...................................................... 19
5.4 Pay Warrant Errors ............................................. 19
SECTION 6 OVERTIME
6.1 Overtime Recall List ........................................... 20
6.2 Call Back ............................................................ 20
SECTION 7 SICK LEAVE
7.1 Sick Leave Credits.............................................. 21
7.2 Permanent Disability Sick Leave ........................ 21
7.3 Prearranged Medical Appointments ................... 22
7.4 Legal Adoption of a Child ................................... 22
7.5 Death of Family Member .................................... 23
SECTION 8 VACATION
8.1 Vacation Leave................................................... 23
8.2 Vacation Leave on Reemployment from a Layoff
List ...................................................................... 23
SECTION 9 HOLIDAYS
9.1 Holidays Observed ............................................. 24
9.2 Celebration of Holidays Falling on Sat/Sun. ....... 25
SECTION 10 LEAVE OF ABSENCE
10.1 Leave Without Pay ............................................. 25
10.2 General Administration - Leaves of Absence ..... 25
10.3 Military Leave .................................................... 27
10.4 Family Care Leave or Medical Leave ................. 28
10.5 Pregnancy Disability Leave ............................... 32
10.6 Leave of Absence Replacement and
Reinstatement .................................................... 32
10.7 Reinstatement From Family Care Medical
Leave........:......................................................... 32
10.8 Unauthorized Absence ....................................... 32
i SECTION 11 HEALTH CARE
11 .1 Health Plan ......................................................... 33
� 11 .2 Contra Costa Health Plan (CGRP) ..................... 34
11 .3 Health Plan Contribution .............. 34
11 .4 Rate Information ................................................. 35
11 .5 Premium Payments ............................................ 35
1 11 .6 Extended Coverage ............................................ 36
11 .7 Retirement Coverage...... ........................ ......36
{ 11 .8 Dual Coverage ... ... ......... ... . ............. . ... ........ 37
I
{ 11 .9 PERS Long Term Care... . .. ...............:........... 37
i
i
i
i
11 .10 Health Care Spending Account...... ... . ............. 37
SECTION 12 PROBATIONARY PERIOD
12.1 Duration '.........
..................................................... 38
12.2 Classes with Changed Probationary Periods ..... 38
12.3 Probation Period Time........................................ 38
12.4 Rejection During Probation................................. 38
12.5 New Employees.................................................. 39
12.6 Layoff During Probation ...................................... 40
12.7 Rejection During Probation of Layoff Employee . 40
SECTION 13 LAYOFF & SENIORITY
13.1 Grounds for Layoff..... .................... .............. 40
13.2 Notice.. ..... ................................. ... ...... .....40
13.3 Order of Layoff..................................................... 40
13.4 Rules on Displacing ............................................ 41
13.5 Layoff Lists ......................................................... 41
13.6 Removal from Layoff List.................................... 41
13.7 Seniority.............................................................. 41
13.8 Seniority on Return from Layoff.......................... 42
SECTION 14 RESIGNATIONS
14.1 Resignation in Good Standing ............................ 42
14.2 Constructive Resignation.................................... 42
14.3 Effective Resignation .......................................... 43
14.4 Revocation.......................................................... 43
SECTION 15 DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
15.1 Sufficient Cause for Action ................................. 43
15.2 Skelly Requirements........................................... 45
15.3 Employee Response .......................................... 46
15.4 Leave Pending Employee Response ................. 46
15.5 Notice of Suspension Without Pay Due to Pending
Criminal Charges ................................................ 47
15.6 Procedure on Dismissal, Suspension or
Disciplinary Demotion ........................................ 48
SECTION 16 GRIEVANCE PROCEDURE
16.1 Definition and Procedural Steps ......................... 49
16.2 Scope of Adjustment Board and Arbitration
Decisions ............................................................ 52
16.3 Time Limits ......................................................... 54
16.4 Formal Presentation ........................................... 54
16.5 Compensation Complaints ................................. 54
16.6 CAO's Office or Board of Supervisors ................ 55
16.7 Letters of Reprimand .......................................... 55
SECTION 17 UNIFORM ALLOWANCE................................... 55
SECTION 18 TRAINING REIMBURSEMENT.......................... 55
SECTION 19 RETIREMENT COVERAGE ............................... 56
SECTION 20 MINIMUM STAFFING......................................... 56
SECTION 21 NO STRIKE ........................................................ 57
SECTION 22 UNFAIR LABOR PRACTICE ............................ 57
SECTION 23 ADOPTION ......................................................... 57
SECTION 24 SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
24.1 Scope of Agreement........................................... 58
{ 24.2 Separability of Provisions ................................... 58
24.3 Duration of Agreement ....................................... 59
I
i
I
MEMORANDUM OF UNDERSTANDING
BETWEEN
EAST DIABLO FIRE PROTECTION DISTRICT
I
AND
IAFF, LOCAL 1230
of
This Memorandum f Understanding (MOU) is entered
into pursuant to the authority contained in Board of
Supervisors Resolution 81/1165 and has been jointly
prepared by the parties.
The Employee Relations Officer (County Administrator) is
the representative of the Contra Costa County Board of
Supervisors in its capacity as ex-officio Governing Board
of the East Diablo Fire Protection District as provided in
Board Resolution 81 /;1165.
I
The parties have Imet and conferred in good faith
regarding wages, hours and other terms and conditions of
employment for the employees in the East Diablo
Firefighters Unit and have freely exchanged information,
opinions and proposals and have endeavored to reach
agreement on matters relating to the employment
conditions and employer-employee relations covering such
employees.
I
When a specific provision contained in a section of this
MOU conflicts with a specific directive of the Fire District,
the provision of this MOU shall prevail.
This MOU shall be ;presented to the Contra Costa County
Board of Supervisors in its capacity as ex-officio
DEFINITIONS
Governing Board of the East Diablo Fire Protection District
as the joint recommendation of the undersigned for salary
and employee benefit adjustments for the period beginning
January 1 , 2000 and ending December 31 , 2001 .
In the event provisions of this MOU contradict any
resolution, administrative bulletin or personnel rules of the
County or District, the terms of this MOU shall prevail.
DEFINITIONS
Appointinq Authority: Fire Chief unless otherwise
provided by statute or ordinance or other action by the
Board of Supervisors.
Class: A group of positions sufficiently similar with respect
to .the duties and responsibilities that similar selection
procedures and qualifications may apply and that the
same descriptive title may be used to designate each
i
position allocated to the group.
Class Title: The designation given to a class, to each
position allocated to the class, and to the employees
allocated to the class.
{ County: Contra Costa County.
a
i
{
District: East Diablo Fire Protection District.
i
i
Demotion: The change of a permanent employee to
+ another position in a class allocated to a salary range for
which the top step is lower than the top step of the class
a
IAFF, LOCAL 1230, EAST DIABLO 2 2000 -2001 MOU
DEFINITIONS
which the employee formerly occupied.
Director of Human Resources: The person designated
by the County Administrator to serve as the Assistant
County Administrator-Director of Human Resources.
Eli ible: Any person whose name is on an employment
list for a given class.
Employee: A person,' who is an incumbent of a position or
who is on leave of absence in accordance with provisions
of this MOU and whose position is held pending the
employee's return.
Employment List: A list of persons who have been found
qualified for employment in a specific class.
Layoff List: A list of persons who have occupied
positions allocated to a class in the District and who been
involuntarily separated by layoff or displacement or who
have voluntarily demoted in lieu of layoff.
Permanent Position: Any position which has required, or
which will require, the services of an incumbent without
interruption for an indefinite period.
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 occupied.
IAFF, LOCAL 1230, EAST DIABLO 3 2000 -2001 MOU
SECTION 1 - UNION RECOGNITION
.Position: The assigned duties and responsibilities calling
for the regular full-time employment of a person.
Resignation: The voluntary termination of permanent
employment with the District.
Union: International Association of Fire Fighters, Local
1230, AFL-CIO.
SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee
organization for the East Diablo Firefighters Unit.
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Board of
Supervisor's Resolution 81/1165 Chapter 34-26, only a
majority representative may have dues deduction and as
such the Union has the exclusive privilege of dues
deduction for all employees in its units.
i
Dues deduction shall be based on the voluntary written
authorization of the employee which shall remain in effect
so long as the employee remains in a unit represented by
the Union unless such authorization is canceled in writing
by the employee in accordance with the provisions set
forth in Section 2.4. The dues deduction shall be for a
specified amount and uniform between members of the
Union. The Union shall indemnify, defend and hold the
District harmless against any claims: made and against any
j IAFF, LOCAL 1230, EAST DIABLO 4 2000 -2001 MOU
SECTION 2 - UNION SECURITY
suit instituted against the District on account of dues
deduction. The Union shall refund to the District any
amounts paid to it in error upon the presentation of
supporting evidence.
2.2 Aqency Shop
A. The Union agrees that it has a duty to
provide fair and nondiscriminatory representation
to all employees in all classes in the units for
which this section is applicable regardless of
whether they;are members of the Union.
B. All employees employed in a representation
unit on or after the effective date of this MOU and
continuing until the termination of the MOU, shall
as a condition of employment either:
.1 . Become and remain a member of the
Union or;
2. Pay to the Union, an agency shop fee in
an amount which does not exceed an
amount which may be lawfully collected
under applicable constitutional,
statutory, and case law, which under no
circumstances shall exceed the monthly
dues, initiation fees and general
assessments made during the duration
of � this MOU. It shall be the sole
responsibility of the Union to determine
an agency shop fee which meets the
above criteria; or
IAFF, LOCAL 1230, EAST DIA BLO 5 2000 -2001 MOU
SECTION 2 - UNION SECURITY
2. Do both of the following:
a. Execute a written
declaration that the
employee is a member of
a bona fide religion, body
or sect which has
historically held a
conscientious objection to
joining or financially
supporting any public
employee organization as
a condition of employment;
and
b. Pay a sum equal to the
agency shop fee described
in Section 2.2.B.2 to a
non-religious, non-labor,
charitable fund chosen by
the employee from the
following charities: Family
and Children's Trust Fund,
j Child Abuse Prevention
i
Council or Battered
Women's Alternative.
i
C. The Union shall provide the County with a
copy of the Union's Hudson Procedure for the
determination and protest of its agency shop
fees. The Union shall provide a copy of said
Hudson Procedure to every fee payer covered by
this MOU within one month from the date it is
IAFF, LOCAL 1230, EAST DIABLO 6 2000 -2001 MOU
i
i
SECTION 2 - UNION SECURITY
approved and annually thereafter, and as a
any condition to change in the agency shop fee.
Failure by an employee to invoke the Union's
Hudson Procedure within one month after actual
notice of the ,Hudson Procedure shall be a waiver
by the employee of their right to contest the
amount of the agency shop fee.
D. The provisions of Section 2.2.8.2 shall not
apply during periods that an employee is
separated from the representation unit but shall
be reinstated upon the return of the employee to
the representation unit. The term separation
includes transfer out of the unit, layoff, and leave
of absence with a duration of more than thirty (30)
days.
E. Annually, the Union shall provide the Human
Resources Director with copies of the financial
report which the Union annually files with the
California Public Employee Relations Board.
Such report;shall be available to employees in the
unit. Failure to file such a report within sixty (60)
days after the end of its fiscal year shall result in
the termination of all agency shop fee deductions
without jeopardy to any employee, until said
report is filed, and upon mutual agreement, this
time limit may be extended to one hundred twenty
(120) days.
IAFF, LOCAL 1230, EAST DIABLO 7 2000 - 2001 MOU
SECTION 2 - UNION SECURITY
F. Compliance.
1 . An employee employed in or hired
into a job class represented by the
Union shall be provided with an
Employee Authorization for Payroll
Deduction card by the District.
2. If the form authorizing payroll
deduction is not returned within
thirty (30) calendar days after notice
of this agency shop fee provision
and the union dues, agency shop
fee, initiation fee or charitable
contribution required under Section
2.2.6.3 are not received, the Union
may, in writing, direct that the
County withhold the agency shop
fee and the initiation fee from the
employee's salary, in which case
the employee's monthly salary shall
i
be reduced by an amount equal to
i the agency shop fee and the
i
County shall pay an equal amount
to the Union.
i
G. The Union and the International Association of
j Fire Fighters shall indemnify, defend, and save
i the County and/or the District harmless against
j any and all claims, demands, suits, orders, or
judgments, or other forms of liability that arise out
of or by reason of this union security section, or
action taken or not taken by the County under
i
i
IAFF, LOCAL 1230, EAST DIABLO 8 2000 -2001 MOU
i
SECTION 2 - UNION SECURITY
this Section. This includes, but is not limited to,
the County's, and/or the District's Attorneys' fees
and costs. The provisions of this subsection shall
not be subject to the grievance procedure
following the, adoption of this MOU by the County
Board of Supervisors.
H. The County Human Resources Department
shall monthly furnish a list of all new hires to the
Union.
i
i
I. In the event that employees in a bargaining unit
represented; by the Union vote to rescind Agency
Shop, the provisions of Section 2.4 and 2.5 shall
apply to dues-paying members of the Union.
2.3 Union Dues Form. Employees hired in
classifications assigned to the unit represented by the
Union shall, as a condition of employment at the time of
employment, complete a union dues authorization card
provided by the Union and shall have deducted from their
paychecks the membership dues of the Union. Said
employees shall have thirty (30) days from the date of hire
to decide if they do ;not want to become a member of- the
Union.
Such decision not to become a member of the Union must
be made in writing to the Auditor-Controller with a copy to
the Labor Relations ;Service Unit within said thirty (30) day
period. If the employee decides not to become a member
of the Union, any union dues previously deducted from the
employee's paycheck shall be returned to the employee
and said amount shall be deducted from the next dues
IAFF, LOCAL 1230, EAST DIABLO 9 2000 -2001 MOU
SECTION 2 - UNION SECURITY
deduction check sent to the Union. If the employee does
not notify the County in writing of the decision not to
become a member within the thirty (30) day period, the
employee shall be deemed to have voluntarily agreed to
pay the dues of the Union. Each such dues authorization
form referenced above shall include a statement that the
Union and the District have entered into a MOU, that the
employee is required to authorize payroll deductions of
union dues as a condition of employment, and that such
authorization may be revoked within the first thirty (30)
days of employment upon proper written notice by the
employee within said thirty (30) day period as set forth
above. Each such employee shall, upon written
completion of the authorization form, receive a copy of
said authorization form which shall be deemed proper
notice of the employee's right to revoke said authorization.
2.4 Maintenance of Membership. All employees in
units represented by the Union who are currently paying
dues to the Union and all employees in such units who
hereafter become members of the Union shall, as a
condition of continued employment, pay dues to the Union
for the duration of this MOU and each year thereafter so
long as the Union continues to represent the position to
which the employee is assigned, unless the employee has
exercised the option to cease paying dues in accordance
i with Section 2.4.
i
2.5 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
i
i IAFF, LOCAL 1230, EAST DIABLO 10 2000 -2001 MOU
i
SECTION 2 - UNION SECURITY
July 10th paycheck. Immediately upon the close of the
above-mentioned thirty (30) day period, the . Auditor-
Controller shall submits to the Union a list of the employees
who have rescinded their authorization for dues deduction.
2.6 Communicating with Employees. The Union
shall be allowed to use designated portions of bulletin
boards or display areas in District buildings or in offices in
which there are employees represented by the Union,
provided the communications displayed have to do with
official organization business such as times and places of
meetings and further provided that the Union appropriately
posts and removes the information. The Fire Chief
reserves the right to remove objectionable materials.
Representatives of the Union, not on District time, shall be
permitted to place a supply of employee literature at
specific locations in District buildings if arranged through
the Labor Relations Manager; said representatives may
distribute employee organization literature in areas
designated by the Fire Chief if the nature of the literature
and the proposed method of distribution are compatible
with the work environment and work in progress.
Such placement and/or distribution shall not be performed
by on-duty employees. The Union shall be allowed access
to work locations in which it represents employees for the
following purposes:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
IAFF, LOCAL 1230, EAST DIA, BLO 11 2000 - 2001 MOU
I
SECTION 2 - UNION SECURITY
C. to leave and/or distribute a supply of literature as
indicated above;
d. to represent an employee on a grievance, and/or
to contact a union officer on a matter within the
scope of representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the
Fire Chief or designee and the visit will not interfere with
the District's services.
2.7 Use of District Buildings. The Union shall be
allowed the use of areas normally used for meeting
purposes for meetings of District employees during non-
work hours when:
a. such space is available and its use by the Union
is scheduled twenty-four (24) hours in advance;
b. there is no additional cost to the District;
C. it does not interfere with normal District
operations;
d. employees in attendance are not on duty and are
not scheduled for duty;
e. the meetings are on matters within the scope of
representation.
IAFF, LOCAL 1230, EAST DIABLO 12 2000 - 2001 MOU
i
SECTION 2 - UNION SECURITY
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The
Union shall maintain proper order at the meeting and see
that the space is left in a clean and orderly condition. The
use of District equipment (other than items normally used
in the conduct of business meetings such as desks, chairs,
ashtrays and blackboards) is prohibited, even though it
may be present in the meeting area.
2.8 Advance Notice. The Union shall, except in
cases of emergency, ihave the right to reasonable notice of
any ordinance, rule, resolution or regulation directly
relating to matters iwithin the scope of representation
proposed to be adopted by the Board, or boards and
commissions designated by the Board, and to meet with
the body consideringithe matter.
I
The listing of an item on a public agenda, or the mailing of
a copy of a proposal !at least seventy-two (72) hours before
the item will be heard, or the delivery of a copy of the
proposal at least twenty-four (24) hours before the item will
be heard, shall constitute notice.
In cases of emergency when the Board, or boards and
commissions designated by the Board, determines it must
act immediately without such notice or meeting, it shall
give notice and opportunity to meet as soon as practical
after its action.
2.9 List of Employees with Dues Deduction. The
District shall provide the Union with a monthly list of
employees who are paying dues to the Union and a
monthly list of employees who are paying health and
IAFF, LOCAL 1230, EAST DIABLO 13 2000 -2001 MOU
I
SECTION 2 - UNION SECURITY
welfare deductions to the Union.
2.10 Assignment of Classes to Bargaininq Units.
The Labor Relations Manager shall assign new classes in
accordance with the following procedure:
a. Initial Determination: When a new class title is
established, the 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
IAFF, LOCAL 1230, EAST DIABLO 14 2000 -2001 MOU
SECTION 2 - UNION SECURITY
Section 34-12.008 of Resolution 81/1165.
2.11 Written Statement for New Employees. The
District will provide a written statement to each new
employee hired into' a classification in any of the
bargaining units represented by the Union, that the
employee's classification is represented by the Union and
the name of a representative of the Union. The County will
provide the employee' with a packet of information which
has been supplied by the Union and approved by the
County.
2.12 Modification & Decertification. For the
duration of this MOU, 'the following shall apply:
Resolution 81/1166 Section 34-12.008 - Unit
Determination (a) shall be modified in the first paragraph
to delete the ten percent (10%) requirement for an
employee organization intervening in the unit
determination process and substitute therefore a thirty
percent (30%) requirement.
Resolution . 81/116b Section 34-12.012 - Election
Procedure (b) shall be modified in the first paragraph to
delete the ten percent (10%) requirement for any
recognized employee organization(s) to appear on the
ballot and substitute therefore a thirty percent (30%)
requirement.
Resolution 81/1165,1 Section 34-12.016 Modification of
Representation Units shall be modified in the first
sentence by adding w " "
words to the effect of most recentto
the date of determination. This section shall be modified
IAFF, LOCAL 1230, EAST DIABLO 15 2000 -2001 MOU
SECTION 3 - NO DISCRIMINATION
in the second sentence to require that petitions for
modification of a representation unit be filed during a
period of not more than one hundred and fifty (150) days
nor less than one hundred and twenty (120) days prior to
the expiration of the MOU in effect. The last sentence of
this section shall be modified so that modification of a
representation unit shall not negate the term of an existing
MOU between the District and the recognized employee
organization of the unit prior to the modification
proceedings.
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 MOU in effect.
SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed,
color, national origin, sex, sexual orientation or Union
activities against any employee or applicant for
employment by the District or by anyone employed by the
District; and to the extent prohibited by applicable State
and Federal law, there shall be no discrimination because
of age. There shall be no discrimination against any
disabled person solely because of such disability unless
that disability prevents the person from meeting the
minimum standards established for a position or from
carrying out the duties of the position safely.
IAFF, LOCAL 1230, EAST DIABLO 16 2000 -2001 MOU
SECTION 4 - OFFICIAL REPRESENTATIVES
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated
as official representatives of the Union shall be allowed to
attend meetings held by County/District agencies during
regular working hours on District time as follows:
a. if their attendance is required by the District or
County at a specific meeting;
b. if their attendance is sought by a hearing body for
presentation of testimony or other reasons;
C. if their attendance is required for meetings
scheduled at reasonable times agreeable to all
parties, required for settlement of grievances filed
pursuant to Section 15, Grievance Procedure, of
this MOU;
d. if they are designated as an official
representative, in which case they may utilize a
reasonable time at each level of the proceedings
to assist an employee to present a grievance;
e. if they are designated as spokesperson or
representative of the Union and as such make
representations or presentations at meetings or
hearings on wages, salaries and working
conditions; provided in each case advance
arrangements for time away from the employee's
work station or assignment are made with the
Fire Chief;
IAFF, LOCAL 1230, EAST DIABLO 17 2000 -2001 MOU
SECTION 5 - SALARIES
f. if their attendance does not conflict with Fire
District emergency operations.
The District will not pay for Association or Union meetings
or functions.
4.2 Union Representative. Official representatives
of the Union shall be allowed a reasonable amount of time
off without loss of compensation or other benefits for
meetings during regular working hours when formally
meeting and conferring in good faith or consulting with the
Labor Relations Manager or other management
representatives on matters within the scope of
representation, and that advance arrangements for the
time away from the work station or assignment are made
with the Fire Chief and their attendance does not conflict
with Fire District emergency operations.
SECTION 5 e SALARIES
5.1 Salary Rates. Effective on the dates indicated,
base monthly salary for classes in the East Diablo
Firefighters Unit shall be in accordance with the County's
Basic Salary Schedule as follows:
Class 01/01/00 07/01/01
Fire Captain M56 1688 ($2986) M56 1737 ($3136)
Sr. Firefighter M56 1636 ($2835) M56 1685 ($2977)
Firefighter-Paramedic M56 1615 ($2776) M56 1664 ($2915)
Firefighter M56 1519 ($2522) M56 1568 ($2648)
IAFF, LOCAL 1230, EAST DIABLO 18 2000 -2001 MOU
SECTION 5 - SALARIES
In accordance with requirements of the County payroll
system, timekeeping for permanent employees' time
worked and time off will be accounted for in minimum one-
tenth (1/10) hour (6 minute) increments.
5.2 Payment. On the tenth (10th) day of each month,
the Auditor will draw a warrant upon the Treasurer in favor
of each employee for the amount of salary due to the
employee for the preceding month; provided, however,
that each employee may choose to receive an advance on
the employee's monthly salary, in which case the Auditor
shall, on the twenty-fifth (25th) day of each month, draw a
warrant upon the Treasury in favor of such employee.
The advance shall be in an amount equal to one-third (1 /3)
or less at the option of the employee, of the employee's
basic salary of the previous month except that it shall not
exceed the amount of the previous month's basic salary
less all requested or required deductions.
5.3 Pay Warrants. Employee pay warrants shall be
delivered to a work place designated by the District by
12:00 p.m. on the tenth (10th) day and twenty-fifth (25th)
day of each month. Should the tenth (10th) day or twenty-
fifth (25th) day of the month fall on Saturday, Sunday, or a
holiday, pay warrants will be delivered by 12:00 p.m. on
the preceding County workday.
5.4 Pay Warrant Errors. If an employee receives a
pay warrant which has an error in the amount of
compensation to be received, and if this error occurred as
a result of a mistake by the Auditor-Controller's
Department, it is the policy of the Auditor-Controller's
IAFF, LOCAL 1230, EAST DIABLO 19 2000 -2001 MOU
SECTION 6 - OVERTIME
Department that. the error will be corrected and a new
warrant issued within forty-eight (48) hours, (exclusive of
Saturdays, Sundays and holidays) from the time the
Department is made aware of and verifies that the pay
warrant is in error.
SECTION 6 - OVERTIME
Overtime is authorized time worked outside the regular
work schedule. Overtime shall be compensated for at the
rate of one and one-half (1-1/2) times the employee's
hourly rate of pay. Overtime for permanent employees is
earned and credited in minimum one-tenth (1/10) hour
increments.
6.1 Overtime Recall List. Provisions of Fire District
Administrative Bulletin 230 shall apply.
6.2 Call Back. Employees called back for work
performed outside their regular work schedule shall be
compensated at the appropriate straight time or overtime
rate of pay for time actually worked with a minimum of one
(1 ) hour pay. This minimum does not apply when an
employee is called back and reports to work
less than one (1 ) hour before the beginning of the
employee's regular shift.
a
Effective the first of the month following adoption of .the
Letter of Understanding by the Contra Costa County Board
of Supervisors, the call back minimum will be increased to
two (2) hours. The two (2) hour minimum does not apply
when the employee is called back and reports to work less
IAFF, LOCAL 1230, EAST DIABLO 20 2000 - 2001 MOU
SECTION 7 - SICK LEAVE
than two (2) hours before the beginning of the employee's
regular shift.
SECTION 7 - SICK LEAVE
7.1 Sick leave credits shall accrue at the rate of
twelve (12) working hours credit for each completed month
of service. Employees who work a portion of a month are
entitled to a pro rata share of the monthly sick leave credit
completed on the basis as is partial month compensation.
Credits to and charges against sick leave are made in
minimum amounts of one-tenth (1/10) hour increments.
Unused sick leave credits accumulate from year to year.
The primary purpose of paid sick leave is to ensure
employees against loss of pay for temporary absences
from work due to illness or injury. It is a benefit extended
by the District and may be used only as authorized and in
accordance with District Administrative Bulletin No. 240
(Sick Leave).
Employees who work a forty (40) hour week shall accrue
sick leave at the rate of eight (8) hours per month.
7.2 Permanent Disability Sick Leave - Permanent
disability means an employee suffers from a disabling
physical injury or illness and is thereby prevented from
engaging in any District occupation for which the employee
is qualified by reason of education, training or experience.
Sick leave may be used by permanently disabled
employees until all accruals of the employee have been
IAFF, LOCAL 1230, EAST DIABLO 21 2000 - 2001 MOU
SECTION 7 - SICK LEAVE
exhausted or until the employee is retired by the
Retirement Board, subject to the following conditions:
a. an application for retirement for disability has
been filed with the Retirement Board;
b. satisfactory medical evidence of such disability is
received by the appointing authority within thirty
(30) days of the start of use of sick leave for
permanent disability;
C. the appointing authority may review medical
evidence and order further examinations as
deemed necessary, and may terminate use of
sick leave when such further examination
demonstrates that the employee is not disabled,
or when the appointing authority determines that
the medical evidence submitted by the employee
is insufficient, or when the above conditions, have
not been met.
7.3 Prearranged Medical Appointments -
Employees who wish to use sick leave for prearranged
doctor or dentist appointments shall notify their appropriate
supervisor of the appointment as soon as possible but no
later than forty-eight (48) hours prior to the beginning of
the shift during which the appointment is scheduled.
7.4 Leqal Adoption of a Child - Paid sick leave
credits may be used by an employee upon adoption of a
child up to a maximum of six (6) weeks.
IAFF, LOCAL 1230, EAST DIABLO 22 2000 -2001 MOU
SECTION 8 - VACATION
7.5 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 8 - VACATION
8.1 Vacation Leave. Employees will accrue
vacation credits based upon straight time hours of working
time per calendar month. Accrual shall be at the rate of
11 .33 hours per month.
Accruals will accumulate month to month to a maximum of
272 hours. Accruals for portions of a month shall be in
minimum amounts of one (1 ) hour calculated on the same
basis as for partial month compensation.
Vacation credits may be taken in one-half (1/2) hour
increments but none shall be allowed in excess of actual
accrual at the time vacation is taken. Vacation credits may
be used only after completion of six (6) months service in
a permanent position, but may be used to supplement
exhausted sick leave in cases of absence during the first
six (6) months.
8.2 Vacation Leave on Reemployment from a
Layoff List. Employees with six (6) months or more
IAFF, LOCAL 1230, EAST DIABLO 23 2000 - 2001 MOU
SECTION 9 - HOLIDAYS
service in a permanent position prior to their layoff, who
are employed from a layoff list, shall be considered as
having completed six (6) months tenure in a permanent
position for the purpose of vacation leave. The appointing
authority or designee will advise the Auditor-Controller's
Payroll Unit in each case where such vacation is
authorized so that appropriate Payroll system override
actions can be taken.
All provisions of District Administrative Bulletin No. 260
(Vacation) shall apply.
SECTION 9 - HOLIDAYS
Effective on the August tenth (10th) payroll of each year,
employees shall receive forty-eight (48) hours of Floating
Holiday time. Floating Holiday accruals will be
administered and utilized under conditions identical to
vacation accruals, except that effective each August ninth
(9th), unused Floating Holiday accrual balances will return
to zero (0).
9.1 Effective July 31 , 2001 , all floating holiday
balances will be zeroed out. Effective August 1 , 20017
in lieu of Floating Holiday accruals defined above, the
District will observe the following holidays:
A. January 1St, known as New Year's Day
July 4th, known as Independence Day
Fourth Thursday in November, known as
Thanksgiving Day
December 25th, known as Christmas Day
IAFF, LOCAL 1230, EAST DIABLO 24 2000 - 2001 MOU
SECTION 10 - LEAVE OF ABSENCE
B. Shift employees (56 hours per week) shall
receive twelve (12) hours of overtime credit
for each holiday listed in Section (A) above.
9.2 If any holiday listed in Section 9.1 (A) falls on a
Saturday, it shall be celebrated on the preceding
Friday. If any holiday listed in Section 9. 1 (A) falls on
a Sunday, it shall be celebrated on the following
Monday.
SECTION 10 - LEAVE OF ABSENCE
10.1 Leave Without Pay. Any employee who has
permanent status may be granted a leave of absence
without pay upon written request, approved by the
appointing authority; provided, however, that leaves for
pregnancy, pregnancy disability, serious health conditions
and family care shall be granted in accordance with
applicable state and federal law.
10.2 General Administration - Leaves of Absence.
Requests for leave of absence without pay shall be made
upon forms prescribed by the District and shall state
specifically the reason for the request, the date when it is
desired to begin, the leave, and probable date of return.
Leave without pay may be granted for any of the following
reasons:
a. illness, disability, or serious health condition;
b pregnancy or pregnancy disability;
IAFF, LOCAL 1230, EAST DIABLO 25 2000 - 2001 MOU
SECTION 10 -LEAVE OF ABSENCE
C. family care;
d. to take a course of study such as will increase the
employee's usefulness on return to the position;
e. for other reasons or circumstances acceptable to
the appointing authority.
An employee must request family care leave at least thirty
(30) days before the leave is to begin if the need for the
leave is foreseeable. If the need is not foreseeable, the
employee must provide written notice to the employer
within five (5) days of learning of the event by which the
need for family care leave arises.
A leave without pay must be for a period not to exceed one
(1 ) year, provided the appointing authority may extend
such leave for additional periods. The procedure in
granting extensions shall be the same as that in granting
the original leave provided that the request for extension
must be made not later than thirty (30) calendar days
before the expiration of the original leave.
Nevertheless, a leave of absence for the employee's
serious health condition or for family care shall be granted
to an employee who so requests it for up to eighteen (18)
weeks in each calendar year period in accord with Section
10.4. below.
Whenever an employee who has been granted a leave
without pay desires to return before the expiration of such
leave, the employee shall submit a request to the
appointing authority in writing at least fifteen (15) days in
IAFF, LOCAL 1230, EAST DIABLO 26 2000 - 2001 MOU
SECTION 10 - LEAVE OF ABSENCE
I
advance of the proposed return. Early return is subject to
prior approval by the Fire Chief.
I
Except in the case of cleave of absence due to family care,
pregnancy, pregnancy disability, illness, disability, or
serious health condition, the decision of the Fire Chief
granting or denying leave or early return from leave shall
be final and not subject to appeal through the grievance
procedure set forth in this MOU.
10.3 Military Leave. Any employee in the Fire District
and who is required oto serve as a member of the State
Militia or the United States Army, Navy, Air Force, Marine
Corps, Coast Guard or any division thereof shall be
granted a military leave for the period of such service, plus
ninety (90) days. Ani employee who volunteers for such
service shall be granted a leave of absence if necessary in
accordance with applicable state or federal laws. Upon
the termination of 1 such service or upon honorable
discharge, the employee shall be entitled to return to
his/her position in the classified service provided such still
exists and the employee is otherwise qualified, without any
loss of standing of any kind whatsoever.
i
An employee who has been granted a military leave shall
not, by reason of such absence, suffer any loss of
benefits, nor shall the employee be prejudiced thereby with
reference to salary adjustments or continuation of
employment. For purposes of determining eligibility for
salary adjustments . or seniority in case of layoff or
promotional examination, time on military leave shall be
considered as time in District service.
IAFF, LOCAL 1230, EAST DIABLO 27 2000 -2001 MOU
I
SECTION 10 - LEAVE OF ABSENCE
Any employee who has been granted a military leave, may
upon return, be required to furnish such evidence of
performance of military service or of honorable discharge
as the Director of Human Resources may deem
necessary.
10.4 Family Care Leave or Medical Leave. Upon
request to the appointing authority, in each calendar year
any employee who has permanent status shall be entitled
to at least eighteen (18) weeks (less if so requested by the
employee) leave for:
a. medical leave of absence for the employee's own
serious health condition which makes the
employee unable to perform the functions of the
employee's position; or
b. family care leave of absence without pay for
reason of the birth of a child of the employee, the
placement of a child with an employee in
connection with the adoption or foster care of the
child by the employee, or the serious illness or
health condition of a child, parent, spouse, or
domestic partner of the employee.
The employee may be asked to provide certification of the
need for family care leave or medical leave. Additional
period(s) of family care or medical leave may be granted
by the Fire Chief.
The eighteen (18) week entitlement may be in broken
periods, intermittently on a regular or irregular basis, or
may include reduced work schedules depending on the
IAFF, LOCAL 1230, EAST DIABLO 28 2000 - 2001 MOU
i
SECTION 10 - LEAVE OF ABSENCE
specific circumstances and situations surrounding the
request for leave. The eighteen (18) weeks may include
use of appropriate available paid leave accruals when
accruals are used to maintain pay status, but use of such
accruals is not required beyond that specified in Section
10.6 below. When paid leave accruals are used for a
medical or family care leave, such time shall be counted
as a part of the eighteen (18) week entitlement.
I
In the situation where husband and wife are both
employed by the District, the family care or medical leave
entitlement based on the birth, adoption or foster care of a
child is limited to an aggregate for both employees
together of eighteen (18) weeks during each calendar year
period. Employees requesting family care leave are
required to advise their appointing authority when their
spouse is also employed by the District.
For medical and family care leaves of absence under this
section, the following definitions apply:
i
a. Child: A biological, adopted, or foster child,
stepchild, legal ward, conservatee or a child who
is under eighteen (18) years of age for whom an
employee stands in loco parentis or for whom the
employee is. the guardian or conservator or an
adult dependent child of the employee.
b. Parent: A biological, foster, or adoptive parent, a
stepparent, legal guardian, conservator, or other
person standing in loco parentis to a child.
C. Souse: A partner in marriage as defined in
IAFF, LOCAL 1230, EAST DIABLO 29 2000 - 2001 MOU
SECTION 10 - LEAVE OF ABSENCE
California Civil Code Section 4100.
d. Domestic Partner: An unmarried person, eighteen
(18) years or older, to whom the employee is not
related and with whom the employee resides and
shares the common necessities of life.
e. Serious Health Condition: An illness, injury,
impairment, or physical or mental condition which
warrants the participation of a family member to
provide care during a period of treatment or
supervision and involves either inpatient care in a
hospital, hospice or residential health care facility
or continuing treatment or continuing supervision
by a health care provider (e.g.; physician or
surgeon) as defined by State and Federal law.
f. Certification for Family Care Leave: A written
communication to the employer from a health
care provider of a person for whose care the
leave is being taken which need not identify the
serious health condition involved, but shall
contain:
1 . the date, if known, on which the serious
health condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the
employee needs to render care or
supervision;
IAFF, LOCAL 1230, EAST DIABLO 30 2000 -2001 MOU
SECTION 10 - LEAVE OF ABSENCE
4. a statement that the serious health condition
warrants the participation of a family member
to provide care during a period of treatment
or supervision; or
5. if for intermittent leave or a reduced work
schedule leave, the . certification should
indicate that the intermittent leave or reduced
leave schedule is necessary for the care of
the individual or will assist in their recovery,
and its expected duration.
g. Certification for 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;
or
4. if for intermittent leave or a reduced work
schedule leave, the certification should
indicate the medical necessity for the
intermittent leave or reduced leave schedule
and its expected duration.
IAFF, LOCAL 1230, EAST DIABLO 31 2000 -2001 MOU
SECTION 10 - LEAVE OF ABSENCE
h. Comparable Position: A position with the same or
similar duties and pay which can be performed at
the same or similar geographic location as the
position held prior to the leave.
10.5 Pregnancy Disability Leave. Insofar as leave is
taken for pregnancy disability as required under State or
Federal laws that leave period will not be considered a part
of the eighteen (18) week family care leave period.
10.6 Leave of Absence Replacement and
Reinstatement. Any permanent employee who requests
reinstatement to the classification held by the employee at
the same time the employee was granted a leave of
absence, shall be reinstated to a position in that
classification.
10.7 Reinstatement from Family Care Medical
Leave. In the case of a family care or medical leave, an
employee on a full time schedule shall be reinstated to the
same or comparable position if the return to work is after
no more than ninety (90) work days of leave from the initial
date of a continuous leave, including use of accruals, or
within the equivalent on an alternate work schedule.
10.8 Unauthorized Absence. An unauthorized
absence from the work site or failure to report for duty after
a leave request has been disapproved, revoked, or
canceled by the appointing authority, or at the expiration of
a leave, shall be without pay. Such absence may also be
grounds for disciplinary action.
IAFF, LOCAL 1230, EAST DIABLO 32 2000 -2001 MOU
SECTION 11 - HEALTH - CARE
SECTION 11 — HEALTH — CARE
11 .1 Health Plan. Effective as soon as it can be
implemented, but no later than March 1 , 2001 , the District
will provide group health benefits through the California
Public Employees' Retirement System (CaIPERS) for all
permanent full-time employees, in classes represented by
the IAFF, Local 1230 East Diablo Firefighters' Unit. Open
enrollment will be held approximately sixty (60) days prior
to the date of implementation.
Thereafter, the CaIPERS program, as regulated by the
Public Employees' Medical and Hospital Care Act
(PEMHCA), will control on all issues, including but not
limited to eligibility, benefit levels and cost.
The IAFF, Local 1230, East Diablo Firefighters' Unit,
acknowledges that CaIPERS Health Plan program benefits
may not be equal to benefits previously available to their
represented employees, and Consolidated Omnibus
Budget Reconciliation Act (COBRA) counterparts through
the various optional health programs previously offered by
the District.
The IAFF, Local 1230, East Diablo Firefighters' Unit
acknowledges that notwithstanding this Memorandum of
Understanding (MOU); and during the time that it is in
effect, CaIPERS may terminate or change covered
expenses, benefit payments, co-payments on covered
benefits, deductibles, lifetime and/or annual maximum
limits and eligibility rules and may implement cost control
measures as they deem appropriate.
IAFF, LOCAL 1230, EAST DIABLO 33 2000 -2001 MOU
SECTION 11 - HEALTH - CARE
The IAFF, Local 1230, East Diablo Firefighters' Unit,
waives the right to any group health plan benefits granted
expressly or by implication under any other provisions of
this MOU, or by any other agreement between the parties
or by any County or District regulation, policy, practice or
contract if that benefit is not offered through the CalPERS
Health Plan program.
11 .2 Contra Costa Health Plan (CCHP). Because
CCHP has met the minimum standards required under
PEMHCA and is approved as an alternative CalPERS plan
option, IAFF, Local 1230, East Diablo Firefighters' Unit,
members and COBRA counterparts may elect to enroll in
CCHP under the CalPERS plan rules and regulations.
11 .3 Health Plan Contribution. The District's
contribution to the CalPERS monthly health plan premiums
for coverage hereunder shall be as provided below. Any
Health Plan premium charges greater than the District's
contributions identified below occurring during the time this
MOU is in effect shall be borne by the employee.
A. District's Contribution:
The District will contribute up to the following
maximum monthly amounts equivalent of eighty-
seven percent (87%) of the CalPERS Kaiser premium
at each level (employee only, employee + one,
employee + two or more) toward the covered
employee's CalPERS or CalPERS Alternate Plan
(CCHP) premium.
IAFF, LOCAL 1230, EAST DIABLO 34 2000 -2001 MOU
I
SECTION 11 - HEALTH - CARE
The following represents the District's maximum
monthly contribution for CalPERS health plan
premiums:
Employee only: $175.92
Employee + one: $351 .85
Employee + two or more: $457.40
In the event, in whole or in part, that the above
amounts are greater than one hundred percent
(100%) of the applicable premium of any plan, the
District's contribution will not exceed one hundred
percent (100%) of the applicable plan premium.
11 .4 Rate Information. The County Benefits Service
Unit will make CalPERS health plan rate information.
available to employees and the District upon request. In
addition, the County Benefits Service Unit will publish and
distribute to employees and the District information about
rate changes as they occur during the year.
11 .5 Premium Payments. Employee participation in
any health 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 monthly premiums are payable
as follows:
A. CaIPERS 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
IAFF, LOCAL 1230, EAST DIABLO 35 2000 -2001 MOU
SECTION 11 - HEALTH - CARE
make up the difference by remitting the amount
delinquent to the Auditor-Controller. The responsibility
for this payment rests solely with the employee.
11 .6 Extended Coverage. An employee on
approved leave without pay shall be allowed to continue
his/her health insurance coverage provided that the
employee shall pay their share of the monthly premium
during said leave.
An employee not eligible for continued coverage may
convert to individual health plan coverage (if available) or
continue group coverage subject to the provisions of the
Consolidated Omnibus Budget Reconciliation Act
(COBRA), plus any administrative fees, for the option
selected. The entire cost of coverage shall be paid at the
time and place specified by CalPERS for health plans.
An employee who terminates District employment is
covered through the first day of the month following
termination for CalPERS plans. Employees who terminate
District employment may continue Group Health plan
coverage to the extent provided under the COBRA
regulations.
11 .7 Retirement Coverage. Eligibility for health
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.
IAFF, LOCAL 1230, EAST DIABLO 36 2000 - 2001 MOU
SECTION 11 - HEALTH - CARE
11 .8 Dual Coverage. Employees must adhere to the
rules as established by CalPERS.
11 .9 PERS Lonq Term Care. The District will deduct
and remit monthly premium and eligible lists to the
CalPERS Long Term Care Administrator, at no employee
cost, for District employees who are eligible and voluntarily
elect to purchase long term care through the CalPERS
Long Term Care Program.
The District further agrees that District employees
interested in purchasing CalPERS Long Term Care may
participate in meetings scheduled by CalPERS Long Term
Care on District facilities during non-work hours. (i.e:
coffee breaks, lunch hour).
11 .10 Health Care Spending Account. Effective
January 1 , 2001 , the County will offer regular full-time and
part-time (20/40 or greater) 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 Code, 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 $3000 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
allowed by Internal Revenue Code Section 125. Any
unused balance can not be recovered by the employee.
IAFF, LOCAL 1230, EAST DIABLO 37 2000 -2001 MOU
SECTION 12- PROBATIONARY PERIOD.
SECTION 12- PROBATIONARY PERIOD.
12.1 Duration. All appointments from officially
promulgated employment lists for original entrance or
promotion shall be subject to a one (1 ) year probationary
period.
12.2 Classes with Changed Probationary Periods.
When the probationary period for a class is changed, only
new appointees to positions in the classification shall be
subject to the revised probationary period.
12.3 Probation Period Time. The probationary
period shall date from the time of appointment to a full-
time position.
12.4 Resection During Probation. An employee may
be rejected during the probation period.
a. Appeal from Rejection: Notwithstanding any
other provisions of this section, an employee
(probationer) shall have the right to appeal from
any rejection during the probationary period
based on political, religious or Union activities,
race, color, national origin, sex, age, disability or
sexual orientation.
b. The appeal must be written, must be signed by
the employee, and set forth the grounds and the
facts by which it is claimed that grounds for
appeal exist, and must be filed through the
Assistant Fire Chief of the District by 5:00 p.m. on
IAFF, LOCAL 1230, EAST DIABLO 38 2000 -2001 MOU
SECTION 12- PROBATIONARY PERIOD.
the seventh (7th) calendar day after the date of
delivery to the employee of notice of rejection.
C. The Assistant Fire Chief shall consider the
appeal. He may refer the matter to the Fire Chief
for hearing, recommend findings of fact,
conclusions of law and decision. The rejected
probationer has the burden of proof.
d. If the Fire Chief finds no probable cause for a
hearing, he shall deny the appeal. If, after
hearing, the Fire Chief upholds the appeal, the
appellant shall complete only the remainder of
the probation period unless the Fire Chief
specifically orders that the appellant begin a new
probation period.
12.5 New Employees. The regular appointment of a
probationary employee shall begin on the day following the
end of the probationary period. Upon successful
completion of probation, the employee's supervisor will
send the Assistant Fire Chief a letter stating that the
individual has performed satisfactorily and is
recommended for permanent appointment. A probationary
employee may be rejected at any time during the
probation period without regard to the Skelly provisions of
this MOU without notice and without right of appeal or
hearing. If the appointing authority has not returned the
probation report, a probationary employee may be rejected
from service within a reasonable time after the probation
period for failure to. pass probation. If the appointing
authority fails to submit, in a timely manner, the proper
written documents certifying that a probationary employee
IAFF, LOCAL 1230, EAST DIABLO 39 2000 - 2001 MOU
SECTION 13- LAYOFF AND SENIORITY
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.
12.6 Lavoff Durina Probation. An employee who is
laid off during probation, if re-employed in the same class
by the District, shall be required to complete only the
balance of the required probation.
12.7 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.
SECTION 13- LAYOFF AND SENIORITY
13.1 Grounds for Layoff. Any District employee(s)
serving in a permanent position(s) may be laid off when the
position is no longer necessary, or for reasons of economy,
lack of work, lack of funds or for such other reason(s) as
the Board of Supervisors deems sufficient for abolishing the
position(s).
13.2 Notice. The District will give employees
scheduled for layoff at least fourteen (14) calendar days
notice prior to their last day of employment.
13.3 Order of Layoff. The order of layoff in the District
shall be based on inverse seniority in the class.
IAFF, LOCAL 1230, EAST DIABLO 40 2000 -2001 MOU
SECTION 13- LAYOFF AND SENIORITY
13.4 Rules on Displacing. A laid-off or displaced
I employee shall displace an employee in the next lower
classification in the fob series provided the employee meets
the minimum qualifications for the classification.
13.5 Layoff Lists. Layoff Lists are in effect for one (1 )
year from the date of layoff and contain the name(s) of
person(s) laid-off, displaced or voluntarily demoted in lieu of
layoff. The Layoff List for a specific class shall be the first
list from which referrals are made. There will be no referrals
from other employment lists until the Layoff List for the
class is exhausted or the remaining eligibles are not
interested in the position.
13.6 Removal from Lavoff List. An eligible may be
removed from a Layoff List for: 1 ) failure to respond to a
written or telephone notice of referral within five (5)
calendar days; 2) failure to keep the Fire Chief advised of a
correct mailing address or telephone number; and 3)
declining an offer of employment in the same job
classification from which they were laid off.
13.7 Seniority. An employee's seniority within a class
for layoff and displacement purposes shall be determined
by adding the employee's length of service in the particular
class in question to the employee's length of service in
other classes at the same or higher level in the job series.
Service for layoff and displacement purposes includes only
the employee's last continuous permanent District
employment. In the event of ties in seniority rights in the
particular class in question, such ties shall be broken by
length of last continuous permanent District employment.
IAFF, LOCAL 1230, EAST DIABLO 41 2000 - 2001 MOU
SECTION 14- RESIGNATIONS
Any remaining ties shall be broken by random selection
among the employees involved.
For employees hired on April 1 , 1995, seniority for layoff
and displacement purposes is shown in Attachment A.
Upon promotion, demotion or transfer, employees class
seniority date shall be the effective date of the promotion,
demotion or transfer.
13.8 Seniority on Return From Layoff. A District
employee returning from layoff shall have their seniority
dates adjusted by the period of layoff separation.
SECTION 14- RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written or oral resignations shall be
forwarded to the Administrative Assistant Fire Chief by the
employee immediately and shall indicate the effective date
of termination.
14.1 Resiqnation in Good Standing. A resignation
giving the District written notice at least four (4) weeks in
advance of the last date of service (unless the appointing
authority requires a longer period of notice, or consents to
the employee's termination on shorter notice) is
resignation in good standing.
14.2 Constructive Resignation. A constructive
resignation occurs and is effective when:
IAFF, LOCAL 1230, EAST DIABLO 42 2000 - 2001 MOU
SECTION 15- DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION
IN SALARY
a. An employee has been absent from duty without
leave for ten (10) consecutive working days; and
b. Ten (10) more consecutive days have elapsed
without response by the employee after the
mailing of a notice of resignation by the
appointing authority to the employee at the
employee's last known address.
14.3 Effective Resignation. A resignation is effective
when delivered or spoken to the District, operative either
on the date or another date specified.
14.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee
and the District.
SECTION 15- DISMISSAL, SUSPENSION, DEMOTION
AND REDUCTION IN SALARY
15.1 Sufficient Cause for Action. The District may
reduce in salary, dismiss, suspend, or demote any
employee for cause. The following are sufficient causes
for such action; the list is indicative rather than inclusive of
restrictions and dismissal, suspension, demotion, or
reduction in salary may be based on reasons other than
those specifically mentioned:
a. Absence without leave.
b. Conviction of any criminal act involving moral
turpitude.
IAFF, LOCAL 1230, EAST DIABLO 43 2000 - 2001 MOU
SECTION 15- DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION
IN SALARY
C. Conduct tending to bring the District into
disrepute.
d. Disorderly or immoral conduct while on duty or
representing the District.
e. Incompetence or inefficiency.
f. Insubordination.
g. Being at work while under the influence of liquor
or illegal drugs, carrying onto the premises liquor
or illegal drugs or consuming or using liquor or
drugs during work hours and/or on District
premises. (The District may require medical
testing to determine cause.)
h. Neglect of duty (i.e.; non-performance of
reasonably assigned responsibilities).
i. Negligent or willful damage to public property or
waste of public supplies or equipment.
j. Violation of any lawful or reasonable regulation or
order given by a supervisor or Fire Chief.
k. Willful violation of any of the provisions of the
District's administrative Bulletins.
I. Material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment.
IAFF, LOCAL 1230, EAST DIABLO 44 2000 -2001 MOU
I
SECTION 15- DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION
IN SALARY
M. Misappropriation of District funds or property.
n. Unreasonable failure or refusal to undergo any
physical, medical and/or psychiatric exam and/or
treatment authorized by the Administrative
Bulletins.
0. Dishonesty or theft.
p. Excessive or inexcusable absenteeism and/or
tardiness.
q. Sexual harassment including but not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal, visual or physical
conduct of a sexual nature, when such conduct
has the purpose or effect of affecting employment
decisions concerning an individual, interfering
with an individual's work performance, or creating
an intimidating, hostile or an offensive working
environment.
Reduction in salary shall not exceed five percent (5%) of
the employee's base salary for a period of more than sixty
(60) consecutive calendar days.
15.2 Skelly Requirements. Notice of Proposed Action
(Skelly Notice). Before taking a disciplinary action to
dismiss, suspend for more than five (5) work days (forty-
eight (48) hours for employees on a fifty-six (56) hour work
week), temporarily reduce the pay of or demote an
employee, the District shall cause to be served personally
IAFF, LOCAL 1230, EAST DIABLO 45 2000 -2001 MOU
SECTION 15- DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION
IN SALARY
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 District either
orally or in writing.
15.3 Employee Response. The employee upon
whom a Notice of Proposed Action has been served shall
have seven (7) calendar days to respond. Upon request of
the employee and for good cause, the Fire Chief, or
designee, may extend in writing the period to respond. If
the employee's response is not filed within seven (7) days
or during any extension, the right to respond is lost.
15.4 Leave Pending Employee Response. Pending
response to a Notice of Proposed Action within the first
seven (7) days or extension thereof, the District, for cause
IAFF, LOCAL 1230, EAST DIABLO 46 2000 -2001 MOU
SECTION 15- DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION
IN SALARY
specified in writing, may place the employee on temporary
leave of absence with pay.
15.5 Notice of Suspension Without Pay Due to
Pendinq Criminal Charges. Before suspending an
employee due to pending criminal charges, the District
shall cause to be served either personally or by certified
mail on the employee, a Notice of Suspension Due to
Pending Criminal Charges, which shall contain the
following:
a. A statement that the employee is suspended
while criminal charges are pending or until the
charges are dismissed.
b. A statement of the charges upon which the
suspension is based and of the facts by which
such charges adversely affect the District service
or conflict with continued employment.
C. A statement that the employee may respond to
the District either orally or in writing within seven
(7) calendar days.
d. A statement that. disciplinary action may be taken
after disposition of the charges.
e. The Notice of Suspension Due to Pending
Criminal Charges may include a Notice of
Proposed Action (Skelly Notice) under Section
I
14.2.
IAFF, LOCAL 1230, EAST DIABLO 47 2000 - 2001 MOU
SECTION 15- DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION
IN SALARY
f. The District, upon giving notice as provided in this
Section may immediately suspend without pay an
employee against whom there is pending a
criminal charge which adversely affects District
service or conflicts with continued employment.
Pending criminal charges exist when an
employee has been arrested or has been named
a defendant in a criminal complaint or indictment
filed in any court.
g. The Fire Chief, or his designee, may order lost
pay restored for good cause, and subject to the
employee's duty to mitigate damages, but not if
the employee; 1 ) is given a Notice of Proposed
Action (Skelly Notice) and 2) is dismissed or
otherwise disciplined for cause directly related to
the charges within fourteen (14) calendar days
after the District has knowledge of final
disposition of the charges.
15.6 Procedure on Dismissal, Suspension or
Disciplinary Demotion.
a. In any disciplinary action to dismiss, suspend or
demote an employee in a position with the
District, after having complied with the Skelly
requirements where applicable, the District shall
make an order in writing stating specifically the
causes for the action.
b. Service of Order: Said order of dismissal,
suspension, or demotion shall be filed with the
Director of Human Resources, showing by whom
IAFF, LOCAL 1230, EAST DIABLO 48 2000 - 2001 MOU
SECTION 16- GRIEVANCE PROCEDURE
and the date a copy was served upon the
employee to be dismissed, suspended or
demoted, either personally or by certified mail to
the employee's last known mailing address. The
order shall be effective either upon personal
service or deposit in the U.S. Postal Service.
C. Employee Appeals from Order: The employee
may appeal an order of dismissal, suspension or
demotion to the Fire Chief or through the
procedures in Section 15, Grievance Procedure,
of this MOU provided that such appeal is filed in
writing with the Assistant Fire Chief within ten
(10) calendar days after service of said order. An
employee may not both appeal to the Fire Chief
and file a grievance.
SECTION 16- GRIEVANCE PROCEDURE
16.1 Definition and Procedural Steps. A grievance
is any dispute which involves the interpretation or
application of any provision of this MOU (excluding,
however, those provisions of this MOU which specifically
provide that the decision of any County/District official shall
be final, the interpretation or application of those
provisions not being subject to the grievance procedure) or
disciplinary actions. The Union may represent the
employee at any stage of the process. Grievances must
be filed within fifteen (15) days of the incident or
occurrence about which the employee claims to have a
grievance and shall be processed in the following manner:
IAFF, LOCAL 1230, EAST DIABLO 49 2000 - 2001 MOU
SECTION 16- GRIEVANCE PROCEDURE
a. Step 1 . Any employee or group of employees
who believes a provision of this MOU has been
misinterpreted or misapplied to the employee's
detriment shall discuss the complaint on an
informal basis with the employee's appropriate
Chief Officer who shall meet with the employee
and respond to the grievance within five (5) duty
shifts, or ten (10) workdays when a grievance is
filed by employees assigned to a forty (40) hour
work week, of a request to hold such a meeting.
b. Step 2. If a grievance is not satisfactorily
resolved in Step 1 above, the employee may
submit the grievance in writing within five (5)
calendar days to such management official, other
than the Chief Officer who participated in Step 1
above, as the Fire Chief may designate. This
formal written grievance shall state which
provision of the MOU has been misinterpreted or
misapplied, how the misinterpretation or
misapplication has affected the employee to the
employee's detriment, and the redress the
employee seeks. A copy of each written
communication on a grievance shall be filed with
the Director of Human Resources. The
designated management official shall have ten
(10) workdays in which to respond to the
grievance in writing.
C. Step If a grievance is not satisfactorily
resolved in Step 2 above, the employee may
appeal in writing within five (5) workdays to the
Director of Human Resources. The Director of
IAFF, LOCAL 1230, EAST DIABLO 50 2000 -2001 MOU
SECTION 16- GRIEVANCE PROCEDURE
Human Resources or designee shall have fifteen
(15) workdays in which to investigate the merit of
the complaint, meet with the Fire Chief or
designee and the employee to attempt to settle
the grievance, and respond in writing to the
employee and the employee's Union
representative.
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 any
grievance which arises and is presented during
the term of this MOU, such grievance shall be
submitted in writing within five (5) calendar days
to the Director of Human Resources requesting
that the grievance be submitted to an Adjustment
Board. Such Adjustment Board is to be
comprised of two (2) union representatives, no
more than one (1 ) of whom shall be either an
employee of the District or a member of the
Union presenting this grievance, and two (2)
representatives of the District, no more than one
(1 ) of whom shall be an employee of the District
or a County employee or a member of the staff of
an organization employed to represent the
District in the meeting and conferring process.
The Adjustment Board shall meet and render a
decision within fifteen (15) calendar days of
receipt of a written request.
IAFF, LOCAL 1230, EAST DIABLO 51 2000 -2001 MOU
SECTION 16- GRIEVANCE PROCEDURE
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 19 of the MOU) may require the
grievance be referred to an impartial arbitrator
who shall be designated by mutual agreement
between the employee and the Director of Human
Resources. Such request shall be submitted
within ten (10) calendar days of the rendering of
the Adjustment Board decision to the Director of
Human Resources (or the designated
representative of the Union when the
County/District is alleging a violation of Section
19 of the MOU). Within thirty (30) calendar days
of the request for arbitration, the parties shall
mutually select an arbitrator. The fees and
expenses of the arbitrator and of the Court
Reporter shall be shared equally by the employee .
and the County. Each party, however, shall bear
the costs of its own presentation, including
preparation and post hearing briefs, If any.
f. For the purposes of this Section the term
"workday" shall be defined as any day except a
Saturday, Sunday or holiday.
16.2 Scope of Ad'ustment Board and Arbitration
Decisions.
a. Decisions of Adjustment Boards and arbitrators
on matters properly before them shall be final and
binding on the parties hereto, to the extent
permitted by law.
IAFF, LOCAL 1230, EAST DIABLO 52 2000 - 2001 MOU
SECTION 16- GRIEVANCE PROCEDURE
b. No Adjustment Board and no arbitrator shall
entertain, hear, decide or make
recommendations on any dispute unless such
dispute involves a position in a unit represented
by the Union which has been certified as the
recognized employee organization for such unit
and unless such dispute falls within the definition
of a grievance as set forth in Section 15.1 .a
above.
C. Proposals to add to or change this MOU or to
change written agreements supplementary hereto
shall not be arbitrable and no proposal to modify,
amend, or terminate this MOU nor any matter or
subject arising out of or in connection with such
proposals, may be referred to arbitration under
this Section. Neither any Adjustment Board nor
any arbitrator shall have the power to amend or
modify this MOU or written agreements
supplementary hereto or to establish any new
terms or conditions of employment.
d. If the Director of Human Resources in pursuance
of the procedures outlined in Section 15.1 .c
above, or the Adjustment Board in pursuance of
the provisions of Section 15.1 .d above, resolve a
grievance which involves suspension or
discharge, they may agree to payment for lost
time or to reinstatement with or without payment
for lost time; but, in the event that the grievance
is carried to arbitration and such employee is
found to have been properly discharged under
the provisions of Section 14 (Dismissal,
IAFF, LOCAL 1230, EAST DIABLO 53 2000 - 2001 MOU
SECTION 16- GRIEVANCE PROCEDURE
Suspension, Demotion and Reduction in Salary)
such employee may not be ordered reinstated
and no penalty may be assessed upon the
County/District.
16.3 Time Limits. The time limits and steps specified
above may be waived by mutual agreement of the parties
to the grievance. If the District fails to meet the time limits
specified in Steps 1 through 3 above, the grievance will
automatically move to the next step. If a grievant fails to
meet the time limits specified in Steps 1 through 5 above,
the grievance will be deemed to have been settled and
withdrawn.
16.4 Formal Presentation. An Official, with whom a
formal grievance is filed by a grievant who is included in a
unit represented by the Union, but is not represented by
the Union in the grievance, shall give the Union a copy of
the formal presentation.
16.5 Compensation Complaints. All formal
complaints involving or concerning the payment of
compensation shall be initially filed in writing with the Fire
Chief. Only complaints which allege that employees are
not being compensated in accordance with the provisions
of this MOU shall be considered as grievances. Any other
matters of compensation are to be resolved in the meeting
and conferring process, if not detailed in the MOU which
results from such meeting and conferring process, shall be
deemed withdrawn until the meeting and conferring
process is next opened for such discussion. No
adjustments shall be retroactive for more than six (6)
months from the date upon which the complaint was filed.
IAFF, LOCAL 1230, EAST DIABLO 54 2000 -2001 MOU
SECTION 17- UNIFORM ALLOWANCE
No change in this MOU or interpretations thereof (except
interpretations resulting from Adjustment Board or
arbitration proceedings hereunder) will be recognized
unless agreed to by the District and the Union.
16.6 CAO's Office or Board of Supervisors. The
Union may file a grievance at Step 3 on behalf of affected
employees when action by the County Administrator or the
Board of Supervisors violates a provision of this MOU.
16.7 Letters of Reprimand. Letters of reprimand are
subject to the grievance procedure but shall not be
processed past Step 3. Letters of reprimand shall be
served personally or by certified mail on the affected
employee. A copy of the letter of reprimand shall be
placed in the employee's official personnel file maintained
by the District.
SECTION 17- UNIFORM ALLOWANCE
All members of the Unit shall be paid a uniform allowance
of thirty dollars ($30.00) per month. This allowance shall
be for the purchase and maintenance of uniform clothing
described in District Administrative Bulletin No. 140
(Uniform).
SECTION 18— TRAINING REIMBURSEMENT
Effective the first of ; the month following adoption of the
Letter of Understanding by the Contra Costa County Board
of Supervisors, the District will reimburse incumbents in
IAFF, LOCAL 1230, EAST DIABLO 55 2000 - 2001 MOU
SECTION 19- RETIREMENT COVERAGE
the classifications of Firefighter, Firefighter/Paramedic, Sr.
Firefighter and Captain for the cost of tuition and books for
up to two (2) training/educational courses per fiscal year.
The aforementioned courses must be identified by the
District as required for promotion into the next higher
classification and approved, by the District, in advance.
SECTION 19- RETIREMENT COVERAGE
Pursuant to Government Code Section 31581 .1 the
District will pay fifty percent (50%) of the retirement
contributions normally required of employees. Such
payments shall continue for the duration of this MOU,
January 1 , 1998 to December 31 , 1999. Employees shall
be responsible for payment of the employee's contribution
for the retirement cost of living program as determined by
the Board of Retirement of the Contra Costa County
Employee's Retirement Association without the County
paying any part of the employee's share. The County will
pay the remaining one-half (1/2) of the retirement cost-of-
living program contribution.
SECTION 20- MINIMUM STAFFING
The minimum staffing in the East Diablo Fire Protection
District shall be seven (7).
Fire station staffing within the District may be reduced
below the scheduled level in order to accommodate Fire
District programs. Said level of staffing may be reduced
by such events as the closure of a fire station. Should
IAFF, LOCAL 1230, EAST DIABLO 56 2000 - 2001 MOU
SECTION 21- NO STRIKE
management of the District change its policy with regard to
the minimum level of staffing, it will inform the Union of
such proposed change(s) and meet and confer with the
Union over the effect of such policy change(s) on workload
and safety.
SECTION 21 - NO STRIKE
During the term of this MOU, the Union, its members and
representatives, agree that it and they will not engage in,
authorize, sanction or support any strike, slowdown,
refusal to perform customary duties, stoppage of work or
sick-out against the District.
SECTION 22- UNFAIR LABOR PRACTICE
Either the District/County or the Union may file an unfair
labor practice as defined in Chapter 34-22 of Resolution
81/1165 against the other. Allegations of an unfair labor
practice, if not resolved in discussions between the parties,
may be heard by a mutually agreed upon impartial third
party.
SECTION 23- ADOPTION
The provisions of this MOU shall be made applicable on
the dates indicated and upon approval by the Board of
Supervisors. Resolutions and Ordinances, where
necessary, shall be prepared and adopted in order to
implement these provisions. It is understood that where it
IAFF, LOCAL 1230, EAST DIABLO 57 2000 - 2001 MOU
SECTION 24 - SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
is determined that an Ordinance is required to implement
any of the foregoing provisions, said provisions shall
become effective upon the first day of the month following
thirty (30) days after such Ordinance is adopted.
SECTION 24 - SCOPE OF AGREEMENT &
SEPARABILITY OF PROVISIONS
24.1 Scope of Agreement. Except as otherwise
specifically provided herein, this MOU represents the full
and complete incorporation of those proposals which were
considered and evaluated pursuant to the meet and confer
process. This MOU constitutes the entire and sole
agreement between the parties on any and all matters
which were presented during the meet and confer process.
If a proposal was made by either party and not
incorporated within this Agreement, then it was considered
and rejected.
24.2 Separability of Provisions. Should any section,
clause or provision of this MOU be declared illegal,
I unlawful or unenforceable, by final judgment of a court of
competent jurisdiction, such invalidation of such section,
clause or provision shall not invalidate the remaining
portions hereof, and such remaining portions shall remain
in full force and effect for the duration of this MOU.
IAFF, LOCAL 1230, EAST DIABLO 58 2000 -2001 MOU
24.3 Duration of Agreement. This Agreement shall
continue in full force and effect from January 1 , 2000 and
ending December 31 , 2001 .
Date:
EAST DIABLO FIRE IAFF, LOCAL 1230
PROTECTION DISTRICT EAST DIABLO
FIREFIGHTERS UNIT
aTf-0,�
IAFF, LOCAL 1230, EAST DIABLO 59 2000 - 2001 MOU
IAFF, LOCAL 1230, EAST DIABLO FIREFIGHTERS
Subject Index
AgencyShop................................................................................. 5
Arbitration.................................................................................... 52
CallBack..................................................................................... 20
Compensation Complaints.......................................................... 54
Contra Costa Health Plan ........................................................... 34
Decertification ............................................................................. 15
Definitions ..................................................................................... 2
Demotion..................................................................................... 43
Dismissal..................................................................................... 43
District Buildings. ........................................................................ 12
DuesDeduction ............................................................................ 4
Duration ...................................................................................... 59
FamilyCare Leave...................................................................... 28
Grievance Procedure .................................................................. 49
Health Care Spending Account................................................... 37
Health Plan Contribution. ............................................................ 34
HealthPlan Rates ....................................................................... 35
HealthPlan. ....................:........................................................... 33
Holidays ...................................................................................... 24
Layoff ................................................................................. ...... 40
LayoffLists. ................................................................................. 41
LeaveWithout Pay. ..................................................................... 25
Letters of Reprimand. ................................................................. 55
LongTerm Care. ......................................................................... 37
Maintenance of Membership........................................................ 10
Medical Appointments................................................................. 22
MedicalLeave. ............................................................................ 28
MilitaryLeave. ............................................................................. 27
Minimum Staffing ........................................................................ 56
Official Representatives .............................................................. 17
Overtime ..................................................................................... 20
PayWarrant Errors. .........................:.......................................... 19
Payment. ..................................................................................... 19
PermanentDisability ................................................................... 21
Pregnancy Disability Leave......................................................... 32
PremiumPayments..................................................................... 35
Probation..................................................................................... 38
Reductionin Salary..................................................................... 43
Resignations ............................................................................... 42
Retirement Coverage. ................................................................. 36
SalaryRates. .............................................................................. 18
Seniority ...................................................................................... 41
Sick leave credits ........................................................................ 21
Skelly Requirements. .................................................................. 45
Strike........................................................................................... 57
Suspension ................................................................................. 43
Training Reimbursement............................................................. 55
Unfair Labor Practice .................................................................. 57
UniformAllowance .................................. . ................................. 55
UnionDues Form .......................................................................... 9
VacationCredits.......................................................................... 23
Withdrawal of Membership. ........................................................ 10
S m T w T IF s S M T W T IF M T W T F 'As
1 2 1 1 1 2 3
9 1, 1 11 io
2 3 4 5 6 7 8 6 7 8 9 10 11 6 7 8
9 10 11 12 13 14 15 13 14 15 16 17 18 9, 12 1.1 14 IS 16 17 18
18 1 1 2, 24 25
16 17 9 20 2.1 22 20 21 2;2 23 24 25 26 19 20 21 22 23 24 25,
23 24 25 26 27 28 29 27 28 29 26 27 28 29 30 31
30 31
JdAY
APRIU�.
S M T W T F S S M T W T F S M T W T IF
1 1 2 3 4 5 !ib, "r> 1 2 3-
2 3 4 5 6 7 8 7 8 9 10 11 12 13 -4 . 5 6 7 8 9 10
9 10 11 12 13 14 15 14 15 16 17 18 19 20 11.' 12 13 14 15 16 1.1
16 17 18 19 20 21 22 21 22 23 24 25 26 .27. '18 19 20 21 22 23 24
23 24 25 26 27 28 29 28 29 30 31 '25 26 27 28 29 30
30
'AVGV ffEV
JINBER
S M T W T IF S -T M T W T F S S M T W T F
2 3 41 2
1 18
2 3 4 5 6 7 8 6 7 8 9 lo 11 4 5 6 7 8
9 10 11 12 13 14 15 13 14 5 16 7 11 12 13 14 15
16 17 18 19 20 21 22 20 21 22 23 24 25 18 19 20 21 22 23
23 24 25 26 27 28 29 27 28 29 30 31 25 26 27 28 29
30, 31
T BER
amp—ang.4- lim
S M T W T F S S. m T W T F M T W T F .!Si
1 2 3 4 5 6 7 1 2 .3
8 9 10 11 12 13 14 5. 6 7 8 9 to 4 5 6 7 8
15 16 17 18 19 20 21 12 13 14 15 16 17 11 12 13 14 15 16
19 20 21 22 23 24 18 19 20 21 22 23
22 23 24 2S 26 27 .28. 17
29 30 31 26, 27 28 29 30 25 26 27 28 29 30
t
ry
IWO=
S M T W T IF s S M T W T IF S --- T F S
1 2 3 4 5 6 1 2 3 1 2 3
7 8 9 10 11 12 13 4 5 6 7 9 9 10 4 5 6 7 8 9 10
11 12 13 14 15 16 17 11 12 13 14 15 16 17
14 1% It, 17 18 19 20 18 J9 20 21 22 23 24
21 22 -13 24 25 26 27 18 19 20 21 22 23 24
25 26 27 2-S 25 26 27 29 29 30 31
28 29 30 31 7
4-
s m W T F s M T W IF S S M T W T IF S
1 2 3 4 5 6 7 1 2 3 4 5 1 2
g 9 10 11 12 13 14 6 7 8 9 10 11 12 3 4 5 6 7 8 9
15 16 17 18 19 20 21 13 14 15 16 17 18 19 10 11 12 13 14 15 16
22 23 24 25 26 27 28 20 21 22 23 24 25 26 17 18 19 20 21 22 23
L [3
29 30 27 28 29 30 31 2,4 25 26 27 28 29 30
S M T W T F s S M T W T IF S S M T W T F S
1 2 3 4 5 6 7 1 2 3 4 1
5 6 7
g 9 lo 11 12 13 14 5 6 7 8 9 10 11 2 3 4 8
15 16 17 18 19 20 21 12 13 14 15 16 17 18 9 10 11 12 13 14 15
22 23 24 25 26 27 28 19 20 21 22 23 24 25 16 17 18 19 20 21 22
29 30 31 26 27 28 29 30 31 23 24 25 26 27 28 29
30. . I
B 12t
S s r w T Fls S M T W IF S S M T W T F S
M I z 3 1
1 2 3 4 5 6 2 3 4 5 (' 7 8
J() 1 1 12 9 11 1
7 8 9 13 4 5 6 7 8 9 10 2 3 4 5 6 7 9
I 1 1 14 15 If, 17 9 14() 11 12 13 14 15
14 15 1(, 17 19 19 20 7 18 1
1 9 20 21 22 23 24 1(; 17 18 19 20 21 22
1
[21 2 Z 21 24 25 2(, 27 18 1 4 25 2(, 27 29 219
8
28 29 30 31 25, 27 28 29 30 23 24
30 31