HomeMy WebLinkAboutMINUTES - 05082001 - C.5 or
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Resolution on May 8, 2001, by the following vote:
AYES: SUPERVISORS GIOIA, GERBER, GLOVER, AND UILKEMA
NOES: NONE
ABSENT: SUPERVISOR DESAULNIER
ABSTAIN: NONE
Resolution No. 2001/208
Subject:
Adopt the Memorandum of Understanding)
With the United Professional Firefighters )
I.A.F.F., Local 1230 )
BE IT RESOLVED that the Board of Supervisors of Contra Costa County in its capacity
as ex-officio Governing Board of the Contra Costa County Fire Protection District,
ADOPT the Memorandum of Understanding (copy attached and included as part of this
document) between the Contra Costa County Fire Protection District and the United
Professional Firefighters, I.A.F.F., Local 1230, jointly signed by Kathy Ito, Labor
Relations Manager, and Lou Paulson, President, United Professional Firefighters,
I.A.F.F., regarding economic terms and conditions for March 16, 2000 through March 31,
2002 for those classifications represented by that employee organization.
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: May 8, 2001
JOHN 4i4EETEN, lerk of the Board of
Supe S Ora CO t,�'�•^�;;^.iSt'3tC.
B _ , Deputy
Contact: Human Resources Department(Kathy Ito @ 5-1785)
cc: Labor Relations Unit
Personnel Services Unit
Auditor—Controller/Payroll
Lou Paulson, I.A.F.F. Local 1230
RESOLUTION NO. 2001/208
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
AND
IAFF, LOCAL 1230
EFFECTIVE
March 16, 2000 — March 31 , 2002
IAFF, LOCAL 1230
TABLE OF CONTENTS
SECTION 1 RECOGNITION ...................................................... 6
SECTION 2 UNION SECURITY
2.1 Dues Deduction ....................................................... 6
2.2 Union Dues Form..................................................... 7
2.3 Maintenance of Membership ................................... 8
2.4 Withdrawal of Membership ...................................... 8
2.5 Communicating with Employees ............................. 9
2.6 Use of District Buildings......................................... 10
2.7 Advance Notice ..................................................... 11
2.8 List of Employees with Dues Deduction ................ 11
2.9 Assignment of Classes to Bargaining Units........... 11
2.10 Written Statement for New Employees.................. 12
2.11 Modification & Decertification. ............................... 13
SECTION 3 NO DISCRIMINATION.......................................... 14
SECTION 4 OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings ......................................... 15
4.2 Union Representative ............................................ 16
SECTION 5 SALARIES
5.1 General Wage Increases....................................... 17
5.2 Entrance Salary ..................................................... 19
5.3 Anniversary Dates ................................................. 19
5.4 Increments Within Range ...................................... 21
5.5 Part-Time Compensation....................................... 22
5.6 Compensation for Portion of Month ...................... 22
5.7 Position Reclassification........................................ 22
5.8 Salary Reallocation & Salary on Reallocation ....... 23
5.9 Salary on Promotion .............................................. 24
5.10 Salary on Involuntary Demotion ............................ 25
5.11 Salary on Voluntary Demotion ............................... 26
5.12 Fire Investigation Off-Duty Standby Differential .... 26
5.13 Acting in a Higher Class ........................................427 s
5.14 Payment ............................ ................................... 27
5.15 Pay Warrants
5.16 Pay Warrant Errors ................................................ 28
SECTION 6 OVERTIME
6.1 Overtime ................................................................ 28
6.2 Overtime Recall List .............................................. 29
SECTION 7 CALL BACK ......................................................... 29
SECTION 8 UNION NOTIFICATION ........................................ 29
SECTION 9 HOLIDAYS
9.1 Holidays Observed ............................................... 30
9.2 Observation of Holidays Falling on Sat/Sun ......... 31
9.3 Permanent Part Time Employees...................... 31
SECTION 10 VACATION LEAVE
10.1 Vacation Leave ..................................................... 31
10.2 Vacation Leave on Reemployment from Layoff.... 32
SECTION 11 SICK LEAVE
11 ..1 Accrual of Sick Leave ........................................... 33
11 .2 Permanent Disability Sick Leave .......................... 33
11 .3 Sick Leave Utilization for Pregnancy Disability..... 34
11 .4 Definition-of Immediate Family ............................. 35
11 .5 Prearranged Medical Appointments .... . ............... 35
11 .6 Legal Adoption of a Child ..................................... 36
11 .7 Death of Family Member ...................................... 36
SECTION 12 WORKER'S COMPENSATION ............................ 36
SECTION 13 LEAVE OF ABSENCE
13.1 Leave Without Pay ............................................... 37
13.2 General Administration - Leaves of Absence ....... 37
13.3 Military Leave ...................................................... 39
13.4 Family Care Leave or Medical Leave ................... 39
13.5 Certification.......................................................... 40
13.6 Intermittent Use of Leave .................................... 40
13.7 Aggregate Use for Spouse .................................. 40
13.8 Definitions ............................................................ 41
13.9 Pregnancy Disability Leave ................................. 43
13.10 Group Health Plan Coverage .............................. 44
13.11 Leave Without Pay - Use of Accruals .................. 44
13.12 Leave of Absence Replacement and
Reinstatement ...................................................... 45
13.13 Reinstatement From Family Care Medical
Leave.................................................................... 45
13.14 Salary Review While on Leave of Absence.......... 46
13.15 Unauthorized Absence ......................................... 46
SECTION 14 HEALTH & WELFARE. LIFE AND DENTAL CARE
14.1 Health/Dental Plan Contract Extension ................ 47
14.2 Health Plan ........................................................... 47
14.3 Contra Costa Health Plan (CCHP) ....................... 48
14.4 Health Plan Contribution....................................... 48
14.5 Dental Program..................................................... 49
14.6 Dental Contribution ............................................... 49
14.7 Rate Information ................................................... 50
14.8 Life Insurance Program ........................................ 50
14.9 Life Insurance Contributions ................................. 50
14.10 Premium Payments .............................................. 50
14.11 Extended.Coverage.............................................. 51
14.12 Retirement Coverage............................................ 52
14.13 Dual Coverage...................................................... 52
14.14 PERS Long Term Care......................................... 53
14.15 Health Care Spending Account ............................ 53
SECTION 15 FIREFIGHTER RECRUIT..................................... 54
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SECTION 16 PROBATIONARY PERIOD
16.1 Duration ...............................................................:`54
16.2 Probation Periods Over Six /Nine Months ............ 54
16.3 Classes with Changed Probationary Periods ....... 55
16.4 Probationary Period Time ..................................... 55
16.5 Rejection During Probation................................... 55
16.6 Regular Appointment............................................ 56
16.7 Layoff During Probation ........................................ 58
16.8 Rejection During Probation of Layoff Employee... 58
SECTION 17 PROMOTION
17.1 Promotion .............................................................. 59
17.2 Promotion Policy ........................... 59
17.3 Promotion Via Reclassification Without Exam...:.. 59
17.4 Requirements for Promotional Standing 60
17.5 Seniority Credits ................................................... 60
17.6 Physical Exam as Part of Promotional Exam ....... 60
SECTION 18 TRANSFER POLICY............................................ 61
SECTION 19 RESIGNATIONS
19.1 Resignation in Good Standing ............................... 61
19.2 Constructive Resignation...................................... 61
19.3 Effective Resignation ............................................ 62
19.4 Revocation...................:........................................ 62
19.5 Coerced Resignations .......................................... 62
SECTION 20 DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
20.1 Cause for Action ................................................... 63
20.2 Skelly Requirements............................................. 65
20.3 Leave Pending Employee Response ................... 67
20.4 Suspensions Without Pay..................................... 67
20.5 Procedure on Dismissal, Suspension, Demotion . 67
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SECTION 21 GRIEVANCE PROCEDURE
21 .1 Grievance Procedure............................................ 68
21 .2 Scope of Adjustment Board and Arbitration
Decisions .............................................................. 71
21 .3 Clarification on Time Limits .................................. 72
21 .4 Representation Outside of Union ......................... 73
21 .5 Compensation Complaints ................................... 73
21 .6 No Strike............................................................... 73
21 .7 Merit Board ........................................................... 74
21 .8 Grievance Filing.................................................... 74
21 .9 Letter of Reprimand .............................................. 75
SECTION 22 RETIREMENT CONTRIBUTION.......................... 75
SECTION23 SAFETY................................................................ 76
SECTION 24 MILEAGE ........................................................... 76
SECTION 25 UNIFORM ALLOWANCE..................................... 77
SECTION 26 CERTIFICATION REQUIREMENTS .................... 77
SECTION 27 MINIMUM STAFFING........................................... 78
SECTION 28 PARAMEDIC PAY DIFFERENTIALS .................. 78
SECTION 29 PARAMEDIC STAFFING ..................................... 79
SECTION 30 EMPLOYEE REPRESENTATION RIGHTS ......... 79
SECTION 31 SERVICE AWARDS............................................. 80
SECTION 32 DEFINITION (For Service Awards and Vacation
Accruals ............................................................. 80
SECTION 33 ACTUARIAL STUDY............................................ 81
SECTION 34 UNFAIR LABOR PRACTICE ............................... 81
. 1: _.
SECTION 35 ADOPTION........................................................... 81
SECTION 36 SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS
36.1 Scope of Agreement............................................. 82
36.2 Separability of Provisions ..................................... 82
36.3 Personnel Management Regulations ................... 82
36.4 Duration of Agreement.......................................... 83
SECTION 37 PAST PRACTICES & EXISTING MEMORANDA
OF UNDERSTANDING ........................................ 83
ATTACHMENTS
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SUBJECT INDEX
I'
'N
V1
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MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY
FIRE PROTECTION DISTRICT
AND
UNITED PROFESSIONAL FIRE FIGHTERS I.A.F.F.
LOCAL 1230
This Memorandum of Understanding (MOU) is entered into
pursuant to the authority contained in Board of Supervisors
Resolution 81/1165 and has been jointly prepared by the
parties.
The Employee Relations Officer (County Administrator) is
the representative of the Contra Costa County Board of
Supervisors in its capacity as ex-officio Governing Board of
the Contra Costa County, Fire Protection District as provided
in Board Resolution 81/1165.
The parties have met and conferred in good faith regarding
wages, hours and other terms and conditions of employment
for the employees in* the Fire Suppression and Prevention
Unit and have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on
matters relating to the employment conditions and employer-
employee relations covering such employees.
Personnel Bulletins in effect in the Contra Costa County Fire
Protection District as of August 31 , 1995, are incorporated by
reference to this MOU and are made a part hereof as if fully
set forth herein.
DEFINITIONS
This Memorandum of Understanding shall be presented to
the Contra Costa County Board of Supervisors in its capacity
as ex-officio Governing Board of the Contra Costa County
Fire Protection District as the joint recommendation of the
undersigned for terms and conditions of employment for the
period beginning March 16, 2000 and ending March 31 ,
2002.
r
In the event provisions of this Memorandum of
Understanding contradict any resolution, administrative
bulletin or personnel rules of the County or District, the terms
of this Memorandum of Understanding shall prevail.
DEFINITIONS
A. Appointing Authority: Fire Chief unless otherwise
provided by statute or ordinance.
B. Class: a group of positions sufficiently similar with
respect to the duties and responsibilities that similar
selection procedures and qualifications may apply
and that the same descriptive title may be used to
designate each position allocated to the group.
C. Class Title: the designation given to a class, to each
position allocated to the class, and to the
employees allocated to the class.
D. Count: Contra Costa County.
E. Demotion: the change of a permanent employee to
another position in a class allocated to a salary
IAFF, LOCAL 1230 2 2000 - 2002 MOU
DEFINITIONS
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range for which the top step is lower than the top
step of the class which the employee formerly
occupied except as provided for under "Transfer" or
as otherwise provided for in this Memorandum of
Understanding or in the Personnel Management
Regulations.
F. District: Contra Costa County Fire Protection
District.
G. Director of Human Resources: the person
designated by the County Administrator to serve as
the Assistant County Administrator-Director of
Human Resources.
H. Eligible: any person whose name is on an
employment or reemployment or layoff list for a
given class.
I. Employee: a person who is an incumbent of a
position or who is on leave of absence in
accordance with provisions of this Memorandum of
Understanding and whose position is held pending
the employee's return.
J. Employment List: a list of persons, who have been
found qualified for employment in a specific class.
K. Layoff List: means a list of persons who have
occupied positions allocated to a class in the Merit
System and who have been involuntarily separated
by layoff or displacement; or demoted by
displacement; or have voluntarily demoted in lieu of
IAFF, LOCAL 1230 3 2000 - 2002 MOU
DEFINITIONS
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layoff or displacement; or have transferred in lieu of
layoff or displacement.
L. Merit Sys : the Contra Costa County Merit
System.
I
M. Permanent-Intermittent Position: any position which
requires the services of an incumbent for an
indefinite period but on an irregularly scheduled,
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less than full-time basis.
N. Permanent Part-Time Position: any position which
IV will require the services of an incumbent for an
indefinite period but on a regularly scheduled, less
than full-time basis.
O. Personnel: the same as employee.
P. Permanent Position: any position which has
required, or which will require the services of an
incumbent without interruption, for an indefinite
period.
Q. Project Employee: an employee who is engaged in
a time-limited program or service by reason of
limited or restricted funding. Such positions are
typically funded from outside sources but may be
funded from District revenues.
R. Promotion: the change of a permanent employee to
another position in a class allocated to a salary
range for which the top step is higher than the top
step of the class which the employee formerly
IAFF, LOCAL 1230 4 2000 - 2002 MOU
DEFINITIONS
occupied, except as provided for under "Transfer'
or as otherwise provided for in this Memorandum of
Understanding or in the Personnel Management
Regulations.
S. Position: the assigned duties and responsibilities
calling for the regular full-time, part-time or
intermittent employment of a person.
T. Reallocation: the act of reassigning an individual
position from one class to another class at the
same range of the salary schedule or to a class
which is allocated to. another range that is within
five (5) percent of the top step, except as otherwise
provided for in the Personnel Management
Regulations or other ordinances.
U. Reclassification: the act of changing the allocation
of a position by raising it to a higher class or
reducing it to a lower class on the basis of
significant changes in the kind, difficulty or
responsibility of duties performed in such position.
V. Reemployment List: a list of persons, who have
occupied positions allocated to any class in the
merit system and, who have voluntarily separated
and are qualified for consideration for
reappointment under the Personnel Management
Regulations governing reemployment.
W. Resi nation: the voluntary termination of permanent
employment with the District.
IAFF, LOCAL 1230 5 2000 - 2002 MOU
SECTION 1 - RECOGNITION
X. Temporary Employment: any employment which
will require the services of an incumbent for a
limited period of time, paid on an hourly basis, not
in an allocated position or in permanent status.
Y. Transfer: the change of an employee who has
permanent status in a position to another position
in the same class in a different department, or to
another position in a class which is allocated to a
�. range on the salary plan that is within five (5)
! percent at top step as the class previously occupied-
by
ccupiedby the employee.
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Z. Union: International Association of Fire Fighters,
Local 1230, A.F.L.-C.I.O.
SECTION 1 - RECOGNITION
i 1 .1 Union Reco nition. . The Union is the formally .
recognized employee organization for the Fire Suppression
and Prevention Unit and such organization has been certified
i as such pursuant to Resolution 81/1165 Chapter 34-12.
f SECTION 2 UNION SECURITY
2.1 Dues Deduction. Pursuant to 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 members in its unit.
Dues deduction shall be based on the voluntary written
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IAFF, LOCAL 1230 6 2000 - 2002 MOU
SECTION 2 - UNION SECURITY
authorization of the employee which shall remain in effect so
long as the employee remains in- a unit represented by the
Union unless such authorization is canceled in writing by the
employee in accordance with the provisions set forth in
Section 2.4. The dues deduction shall be for a specified
amount and uniform between members of the Union. The
Union shall indemnify, defend, and hold the District harmless
against any claims made and against any suit instituted
against the District on account of dues deduction. The Union
shall refund to the District any amounts paid to it in error
upon the presentation of supporting evidence.
2.2 Union Dues Form. Employees hired in
classifications assigned to the unit represented by the Union
shall, as a condition of employment at the time of
employment, complete a union dues authorization card
provided by the Union and shall have deducted from their
paychecks the membership dues of the Union. Said
employees shall have thirty (30) days from the date of hire to
decide if they do not want to become a:member of the Union.
Such decision not to become a member of the Union must
be made in writing to the Auditor-Controller with a copy to
the Labor Relations Service Unit within said thirty (30) day
period. If the employee decides not to become a member of
the Union, any union dues previously deducted from the
employee's paycheck during that thirty (30) day period shall
be returned to the employee and said amount shall be
deducted from the next dues 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
IAFF, LOCAL 1230 7 2000 - 2002 MOU
SECTION 2 - UNION SECURITY
dues authorization form referenced above shall include a
statement that the Union and the District have entered into
a Memorandum of Understanding, that the employee is
required to authorize payroll deductions of union dues as a
condition of employment, and that such authorization may be
revoked within the first thirty (30) days of employment upon
proper written notice by the employee within said thirty (3 0)
day period as set forth above. Each such employee shall,
upon written completion of the authorization form, receive a
copy of said authorization form which shall be deemed
proper notice of the employee's right to revoke said
authorization.
2.3 Maintenance of Membership. All employees in units
I represented by the Union who are currently paying dues to
I> the Union and all employees in such units who hereafter
become members of the Union shall, as a condition of
continued employment, pay dues to the Union for the
duration of this Memorandum of Understanding and each
year thereafter so long as the Union continues to represent
the position to which the employee is assigned, unless the
employee has exercised the option to cease paying dues in
accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the Auditor-
Controller's Department in writing, between June 1 to June
30 of any year, any employee may withdraw from Union
membership and discontinue paying dues as of the payroll
period commencing June 1 st, and reflected in the July 10th
paycheck. Immediately upon the close of the above-
mentioned thirty (30) day period, the Auditor-Controller shall
submit to the Union a list of the employees who have
� rescinded their authorization for dues deduction.
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IAFF, LOCAL 1230 8 2000 - 2002 MOU
SECTION 2 - UNION SECURITY
2.5 Communicating. With Employees. The Union shall
be allowed to use designated portions of bulletin boards or
display areas in public portions of District buildings or in
public portions of 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
Employee Relations Officer; said representatives may
distribute employee organization literature in areas
designated by the Fire Chief if the nature of the literature and
the proposed method of distribution are compatible with the
work environment and work in progress.
Such placement and/or distribution shall not be performed by
on-duty employees. The Union shall be allowed access to
work locations in which it represents. -employees for the
following purposes:
A. to post literature on bulletin boards;
B. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as
indicated above;
D. to represent an employee on a grievance, and/or to
IAFF, LOCAL 1230 . 9 2000 - 2002 MOU
SECTION 2 - UNION SECURITY
contact a union officer on a matter within the scope
or representation.
In the application of this provision, it is agreed and
understood that in each such instance advance
arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the
Fire Chief or designee(s) and the visit will not interfere with
the District services.
2.6 Use of District Buildings The Union shall be
allowed the use of areas normally used for meeting purposes
for meetings of District-employees during non-work hours
f 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
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not scheduled for duty;
E. the meetings are on matters within the scope or
representation.
The administrative official responsible for the space shall
establish and maintain scheduling of such uses. The Union
shall maintain proper order at the meeting, and see that the
space is left in a clean and orderly condition. The use of
District equipment (other than items normally used in the
IAFF, LOCAL 1230 10 2000 - 2002 MOU
SECTION 2 - UNION SECURITY
conduct of business meetings, such as desks, chairs,
ashtrays, and blackboards) is strictly prohibited, even though
it may be present in the meeting area.
2.7 Advance Notice. The Union shall, except in cases
of emergency, have the right to reasonable notice of any
ordinance, rule, resolution or regulation directly relating to
matters within the scope or representation proposed to be
adopted by the Board, or boards and commissions
designated by the Board, and to meet with the body
considering the matter.
The listing of an item on a public agenda, or the mailing of a
copy of a proposal at least seventy-two (72) hours before the
item will be heard, or the delivery of a copy of the proposal
at least twenty-four (24) hours before the item will be heard,
shall constitute notice.
In cases of emergency when the Board, or boards and
commissions designated by the Board determines it must act
immediately without such notice or meeting it shall give
notice and opportunity to meet as soon as practical after its
action.
2.8 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 welfare deductions to the Union.
2.9 Assignment of Classes to Bargaining Units. The
Labor Relations Manager shall assign new classes in
accordance with the following procedure:
IAFF, LOCAL 1230 11 2000 - 2002 MOU
SECTION 2 - UNION SECURITY
A. Initial Determination: When a new class title is
established, the Labor Relations Manager shall
review the composition of existing representation
units to determine the appropriateness of including
some or all of the employees in the new class in
I: 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
,
ex enses and criteria for determination shall
expenses,
conform to those in subsections (d) through (i) of
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Section 34-12.008 of Resolution 81/1165.
2.10 Written Statement for New Employees. The District
will provide a written statement to each new employee hired
into a classification in any of the bargaining units represented
by the Union, that the employee's classification is
IAFF, LOCAL 1230 12 2000 - 2002 MOU
SECTION 2 UNION SECURITY
represented by the Union and the name of a representative
of the Union. The County will provide the employee with a
packet of information which has been supplied by the Union
and approved by the County.
2.11 Modification & Decertification. For the duration of
this Memorandum of Understanding, the following shall
apply:
Resolution 81/1165 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 81/1165 Section 34-12.012 - Election Procedure
(b) shall be modified in the first paragraph to delete the ten
percent (10%) requirement for any recognized employee
organization(s) to appear on the ballot and substitute
therefore a thirty percent (30%) requirement.
Resolution 81/1165 Section 34-12.016 Modification of
Representation Units shall be modified in the first sentence
by adding words to the effect of "most recent" to the date of
determination. This section shall be modified in the second
sentence to require that petitions for modification of a
representation unit be filed during a period of not more than
one hundred and fifty (150) days nor less than one hundred
and twenty (120) days prior to the expiration of the
Memorandum of Understanding 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
Memorandum of Understanding between the District and the
IAFF, LOCAL 1230 13 2000 - 2002 MOU
SECTION 3 - NO DISCRIMINATION
recognized employee organization of the unit prior to the
modification proceedings.
Resolution 81/1165 Section 34-12.018 Decertification
Procedure shall be modified in the first sentence by adding
words to the effect of "most recent" to the date of formal
recognition and by requiring the petition be submitted during
'I aeriod of not more than one hundred and fifty Y (150) days
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nor less than one hundred and twenty (120) days prior to the
expiration of the Memorandum of Understanding in effect.
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SECTION 3 - NO DISCRIMINATION
There shall be no discrimination because of race, creed,
color, national origin, sex, sexual orientation or union
activities against any employee or applicant for employment
by the District; and to the extent prohibited by applicable
,.i State and Federal law there shall be no discrimination
because of age. There shall be no discrimination against any
disabled person solely because of such disability unless that
disability prevents the person from meeting the minimum
standards established for that position or from carrying out
the duties of the position safely. There shall be no
discrimination because of Union membership or legitimate
Union activity against any employee or applicant for
employment.
The District and the Union recognize that the District has an
obligation in accordance with the Americans with Disabilities
Act (ADA) to reasonably accommodate disabled employees.
If by reason of the aforesaid requirement the District
contemplates actions to provide reasonable accommodation
IAFF, LOCAL 1230 14 2000 - 2002 MOU
SECTION 4 - OFFICIAL REPRESENTATIVES
to an individual employee to comply with the ADA which are
in conflict with any provision of this MOU, the Union will be
advised of such proposed accommodation. Upon request,
the District will meet and confer with the Union on the impact
of such accommodation. If the District and the Union do not
reach agreement, the District may implement the
accommodation without further negotiations. Nothing in this
MOU shall preclude the District from taking actions
necessary to comply with the requirements of the ADA or of
any other State or Federal law governing discrimination,
wages or hours. Subject to this provision, the Union may
grieve any action by the District under this Section alleged by
the Union and the employee(s) as a violation of the MOU.
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 meeting required
for settlement of grievances filed pursuant to
Section 21 (Grievance Procedure) of this
Memorandum;
IAFF, LOCAL 1230 15 2000 - 2002 MOU
SECTION 4 - OFFICIAL REPRESENTATIVES
D. if they are designated as an official representative,
in which case they may utilize a reasonable time at
each level of the proceedings to assist an
employee to present a grievance;
E. if they are designated as spokesperson or
representative of the Union and as such make
representations or presentations at meetings or
hearings on wages, salaries and working
conditions; provided in each case advance
arrangements for time away from the employee's
work station or assignment are made with the Fire
Chief and the District or County agency calling the
meeting is responsible for determining that the
attendance of the particular employee(s) is
required;
F. if their attendance does not conflict with Fire District
emergency operations.
4.2 Union Representatives. Official representatives of
the :.Union shall be allowed time off on District time for
meetings during regular working hours when formally
meeting and conferring in good faith or consulting with the
Employee Relations Officer or other management
representatives on matters within the scope of
representation, and that advance arrangements for the time
away from the work station or assignment are made with the
Fire Chief and their attendance does not conflict with
appropriate Fire District emergency operations.
IAFF, LOCAL 1230 16 2000 - 2002 MOU
SECTION 5 - SALARIES
SECTION 5 - SALARIES
5.1 General Waae Increases.
A. Effective on the dates indicated, all classifications in
the Fire Suppression Unit of IAFF Local 1230 shall
have their basic salary schedule adjusted upward as
follows:
July 1 , 2000: 7%
March 1 , 2001 : 2%
July 1 , 2001 : 3%
B. The parties recognize that Section 5 of the 1989-
1992 MOU provided for compensation adjustment
taking into account the average compensation of
the top ten of selected fire districts and
departments, and that such provision is not
continued under this MOU. The text of the
inoperative provision is as follows:
Effective January 1 , 1990, January 1 , 1991 , and
January 1 , 1992, each represented classification
shall receive a general wage increase of that
number of levels on the County Salary Schedule
closest to the percentages generated in the
following manner:
1 . During the Fall of 1989, 1990 and 1991 , the
County and the Union shall jointly survey the
same eighteen (18) San Francisco-Bay Area
Fire Districts and Departments (hereinafter
"jurisdictions") which the County and the Union
IAFF, LOCAL 1230 17 2000 - 2002 MOU
z
SECTION 5 - SALARIES
surveyed in the Fall of 1988. The survey shall
be completed no later than January 10 of each
year, and shall reflect data available at that
time. The number and identity of the
jurisdictions surveyed may be changed by
mutual agreement. The salary survey
generated from the data received from said
jurisdictions shall be displayed in a chart listing
each jurisdiction by name, Base Salary (top
step firefighter), Holiday Pay, Differential Pay,
Uniform Allowance, and the total of such pay
categories (hereinafter "Pay Subtotal") for
each jurisdiction. The surveyed jurisdictions
shall be ranked according to the Pay Subtotals
for each jurisdiction. The County and the
Union shall thereafter determine the average
Pay Subtotal for the ten (10) highest ranking
jurisdictions (hereinafter "Average of the Top
Ten") and shall also determine the percentage
difference between the Average of the Top
Ten and the Contra Costa County Fire
Protection District, using the same pay
categories and resultant Pay Subtotal. Such
percentage shall hereinafter be known as the
Percentage Difference with the Top Ten.
2. The preliminary determination of the general
wage increase shall be the percentage
increase (decrease) in the Consumer Price
Index for Urban Wage Earners and Clerical
Workers, revised, San Francisco-Bay Area, all
items, (1982-84 = 100) for the period
December 1988 through December 1989,
IAFF, LOCAL 1230 18 2000 - 2002 MOU
SECTION 5 - SALARIES
December 1989 through December 1990, and
December 1990 through December 1991 ,
respectively (hereinafter "CPI-W"). The final
determination of the general wage increase
shall be the amount of the increase (decrease)
in the CPI-W (rounded to the nearest tenth of
a percent), plus that percentage amount in
excess thereof which equals the percentage
difference with the Top Ten (or minus that
percentage amount less than the average with
the Top Ten, in the event the average of the
Top Ten should be less than the CPI-W),
provided, however, that the final determination
of the general wage increase determined by
the foregoing process shall not exceed the
percentage increase (decrease) in the CPI-W
plus two percent (2%) and shall not be less
than the percentage increase (decrease) in the
CPI-W minus two percent (2%).
5.2 Entrance Salary: New employees shall generally be
appointed at the minimum step of the salary range
established for the particular class of position to which the
appointment is made. However, the appointing authority
may fill a particular position at a step above the minimum of
the range.
5.3 Anniversary Dates. Anniversary dates will be set as
follows:
A. New Employees. The anniversary date of a new
employee is the first day of the calendar month
after the calendar month when the employee
IAFF, LOCAL 1230 19 2000 - 2002 MOU
4
SECTION 5 - SALARIES
successfully completes six (6) months service
provided however, if an employee began work on
the first regularly scheduled workday of the month
the anniversary date is the first day of the calendar
month when the employee successfully completes
six (6) months service.
B. Promotions. The anniversary date of a promoted
employee is determined as for a new employee in
Subsection 5.3.A above.
C. Transfer, Reallocation and Reclassification. The
anniversary date of an employee who is transferred
to another position or one whose position has been
reallocated or reclassified to a class allocated to the
same salary range or to a salary range which is
within five percent (5%) of the top step of the
previous classification, remains unchanged.
D. Reemplo ments. The anniversary of an employee
appointed from a reemployment list to the first step
of the applicable salary range and not required to
serve a probation period is determined in the same
way as the* anniversary date is determined for a
new employee who is appointed the same date,
classification and. step and who then successfully
completes the required probationary period.
E. Notwithstanding other provisions of this Section 5,
the anniversary of an employee who is appointed to
a classified position from outside the County's merit
system at a rate above the minimum salary for the
employee's new class, or who is transferred from
IAFF, LOCAL 1230 20 2000 - 2002 MOU
SECTION 5 - SALARIES
another governmental entity to this County's merit
system, is one (1 ) year from the first day of the
calendar month after the calendar month when the
employee was appointed or transferred; provided
however, when the appointment or transfer is
effective on the employee's first regularly
scheduled work day of that month, his/her
anniversary is one (1 ) year after the first calendar
day of that month.
5.4 Increments Within Ranae. The performance of each
employee, except those of employees already at the
maximum salary step of the appropriate salary range, shall
be reviewed on the anniversary date as set forth in Section
5.3 to determine whether the salary of the employee shall be
advanced to the next higher step in the salary range.
Advancement shall be granted on the affirmative
recommendation of the appointing authority, based on
satisfactory performance by the employee. The appointing
authority may recommend denial of the increment or denial
subject to one additional review at some specified date
before the next anniversary which must be set at the time the
original report is returned.
Except as herein provided, increments within range shall not
be granted more frequently than once a year, nor shall more
than one (1 ) step within-range increment be granted at one
time. In case an appointing authority recommends denial of
the within range increment on some particular anniversary
date, but recommends a special salary review, the special
salary review shall not affect the regular salary review on the
next anniversary date.
IAFF, LOCAL 1230 21 2000 - 2002 MOU
SECTION 5 - SALARIES
Nothing herein shall be construed to make the granting of
increments mandatory on the District. If the District verifies
in writing that an administrative or clerical error was made in
failing to submit the documents needed to advance an
employee to the next salary step on the first of the month
when eligible, said advancement shall be made retroactive
to the first of the month when eligible.
5.5 Part-Time Compensation. A part-time employee
shall' be paid a monthly salary in the same ratio to the full-
time ,monthly rate to which the employee would be entitled as
a full-time employee under the provisions of this Section 5 as
the number of hours per week in the employee's part-time
work schedule bears to the number of hours in the full-time
work schedule of the District.
5.6 Compensation for Portion of Month. Any employee
who works less than any full calendar month, except when
on earned vacation, authorized sick leave, or other
authorized paid leave shall receive as compensation for
services an amount which is in the same ratio to the
established monthly rate as the number of days worked is to
the actual working days in such employee's normal work
schedule for the particular month; but if the employment is
intermittent, compensation shall be on an hourly basis.
5.7 Position Reclassification. An employee who is an
incumbent of a position which is reclassified to a class which
is allocated to the same range of the basic salary schedule
as is the class of the position before it was reclassified, shall
be paid at the same step of the range as the employee
received under the previous classification.
IAFF, LOCAL 1230 22 2000 - 2002 MOU
SECTION 5 - SALARIES
An incumbent of a position which is reclassified to a class
which is allocated to a lower range of the basic salary
schedule shall continue to receive the same salary as before
the reclassification, but if such salary is greater than the
maximum of the range of the class to which the position has
been reclassified, the salary of the incumbent shall be
reduced to a maximum salary for the new classification. The
salary of an incumbent of a position which is reclassified to
a class which is allocated to a range of the basic salary
schedule greater than the range of the class of the position
before it was reclassified shall be governed by the provisions
of Section 5.9 Salary on Promotion.
5.8 Salary Reallocation and Salary on Reallocation.
A. In a general salary increase or decrease, an
employee in a class which is reallocated to a salary
range above or below that to which it was
previously allocated, when the number of steps
remain the same, shall be compensated. at the
same step in the new salary range the eniployee
was receiving in the range to which the class was
previously allocated. If the reallocation is from one
salary range with more steps to a range with fewer
steps or . vice versa, the employee shall be
compensated at the step on the new range which
is in the same percentage ratio to the top step of
the new range as was the salary received before
reallocated to the top step of the old range, but in
no case shall any employee be compensated at
less than the first step of the range to which the
class is allocated.
IAFF, LOCAL 1230 23 2000 - 2002 MOU
SECTION 5 - SALARIES
B. In the event that a classification is reallocated from
a salary range with more steps to a salary range
with fewer steps on the salary schedule, apart from
the general salary increase or decrease described
in 5.8 A above, each incumbent of a position in the
reallocated class shall be placed upon the step of
the new range which equals the rate of pay
received before the reallocation. In the event that
the steps in the new range do not contain the same
rates as the old range which is next above the
salary rate received in the old range, or if the new
range does not contain a higher step, at the step
which is next lower than the salary received in the
old range.
C. In the event an employee is in a position which is
reallocated to a different class which is allocated to
a salary range the same as above or below the
salary range of the employee's previous class, the
incumbent shall be placed at the step in the new
class which equals the rate of pay received before
reallocation. In the event that the steps in the range
for the new class do not contain the same rates as
the range for the old class, the incumbent shall be
placed at the step of the new range which is next
above the salary rate received in the old range; or
if the new range does not contain a higher step, the
incumbent shall be placed at the step which is next
lower than the salary received in the old range.
5.9 Salary on Promotion. Any employee who is
appointed to a position of a class allocated to a higher salary
range than the class previously occupied, except as provided
IAFF, LOCAL 1230 24 2000 - 2002 MOU
SECTION 5 - SALARIES
under Section 5.12 shall receive the salary in the new salary
range which is next higher than the rate received before the
promotion.
In the event this increase is less than five percent (5%), the
employee's salary shall be adjusted to the step in the new
range which is at least five percent (5%) greater than the
next higher step; provided however that the next step shall
not exceed the maximum salary for the higher class.
In the event of the appointment of a laid off employee from
the layoff list to the class from which the employee was laid
off, the employee shall be appointed at the step which the
employee had formerly attained in that class unless such
step results in a decrease in which case the employee is
appointed to the next higher step. If however, the employee
is being appointed into a class allocated to a higher salary
range than the class from which the employee was laid off,
the salary will be calculated from the highest step the
employee achieved prior to layoff, or from the employee's
current step, whichever is higher.
5.10 Salary on Involuntary Demotion. Any employee who
is demoted shall have their salary reduced to the monthly
salary step in the range for the class of position to which the
employee has been demoted next lower than the salary
received before demotion. In the event this decrease is less
than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is five percent
(5%) less than the next lower step; provided, however, that
the next step shall not be less than the minimum salary of
the lower class.
IAFF, LOCAL 1230 25 2000 - 2002 MOU
SECTION 5 - SALARIES
Whenever the demotion is the result of layoff, cancellation of
positions or displacement by another employee with greater
seniority rights, the salary of the demoted employee shall be
that step on the salary range which the employee would
have achieved had the employee been continuously in the
position to which the employee had been demoted, all within-
range increments having been granted.
5.11 Salary on Voluntary Demotion. Whenever any
employee voluntarily demotes to a position in a class having
a salary schedule lower than that of the class from which the
employee demotes, the employee's salary shall remain the
same if the steps in the employee's new (demoted) salary
range permit, and if not, the new salary shall be set at the
step next below former salary.
5.12 Fire Investigation Off-Duty Standby Differential. Fire
Inspectors assigned to participate in the Fire Investigation
Off-Duty Standby Team will receive a monthly pay
differential based on the number of represented members
assigned in accordance with the following sliding scale:
Dut, �'V Assignment Percent of Base Pay
Four (4) or fewer Represented
Member(s) assigned 2.5%
Five (5) Represented Members
assigned 2.0%
Six (6) Represented Members
assigned 1 .6%
IAFF, LOCAL 1230 26 2000 - 2002 MOU
SECTION 5 - SALARIES
5.13 Acting in a Higher Class. In lieu of Pay for Work in
Higher Classification, all employees may be required to act
in a higher classification at the discretion of the District
without additional compensation. Such assignments will not
be made as alternatives to Merit System promotions.
5.14 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 (except those paid on an hourly rate) 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.
The election to receive an advance shall be made on or
before April 30 or October 31 of each year or during the first
month of employment by filing on forms prepared by the
Auditor-Controller a notice of election to receive salary
advance.
Each election shall become effective on the first day of the
month following the deadline for filing the notice and shall
remain effective until revoked.
In the case of an election made pursuant to this Section 5.15
IAFF, LOCAL 1230 27 2000 - 2002 MOU
SECTION 6 - OVERTIME
all . required or requested deductions from salary shall be
taken from the second installment, which is payable on the
tenth (10th) day of the following month.
5.15 Pay Warrants. Employee pay warrants shall be
delivered to a work place designated by the District by 8:00
a.m. on the 10th and 25th of each month. Should the 10th or
25th of the month fall on Saturday, Sunday, or a holiday, pay
warrants will be delivered by 8:00 a.m. on the preceding
County workday.
5.16 Pav Warrant Errors. If an employee receives a pay
warrant which has an error in the amount of compensation
to be received and if this error occurred as a result of a
mistake by the Auditor-Controller's Department, it is the
policy of the Auditor-Controller's Department that the error
will be corrected and a new warrant issued within forty-eight
(48) 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
6.1 Overtime. Overtime is authorized time worked
outside the normal work schedule. Overtime shall be
compensated for at the rate of one and one-half (1-1/2) times
the employee's base rate of pay (not including shift and other
special differentials).
Overtime for permanent employees is earned and credited
in a minimum of one-tenth hour increments.
IAFF, LOCAL 1230 28 2000 - 2002 MOU
SECTION 7 CALL BACK
6.2 Overtime Recall List. The District and the Union
have agreed on a recall list which shall be used for overtime
work. The agreed upon list shall not apply to emergency
overtime, nor shall it apply when employees are recalled to
perform specialized duty assignments.
SECTION 7 - CALL BACK
Employees called back for work performed outside their
regular work schedule shall be compensated at the rate of
one and one-half (1 -1/2) times their regular hourly rate for
time actually worked with a minimum of two (2) hours pay.
This two (2) hours minimum does not apply when an
employee is called back and reports to work less than two
(2) hours before the beginning of the employee's regular
shift.
SECTION 8 - UNION NOTIFICATION
When it appears to the Fire Chief and/or Labor Relations
Manager that the Board of Supervisors may take action
which will result in* the layoff of employees in a unit
represented by the Union, the Labor Relations Manager shall
notify the Union of the possibility of such layoffs and shall
meet and confer with it regarding the implementation of the
action.
The District agrees to give employees fourteen (14) calendar
days notice of layoff except in case of emergency.
[AFF, LOCAL 1230 29 2000 - 2002 MOU
SECTION 9 - HOLIDAYS
SECTION 9 - HOLIDAYS
9.1 The District will observe the following holidays:
A. January 1st, known as New Years Day
Third Monday in January, known as Dr. M. L. King Jr. Day
Third Monday in February, known as Presidents Day
February 12th, known as Lincoln's Day
The last Monday in May, known as Memorial Day
July 4th, known as Independence Day
First Monday in September, known as Labor Day
September 9th, known as Admission Day
Second Monday in October, known as Columbus Day
November 11 th, known as Veteran's Day
Fourth Thursday in November, known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, known as Christmas Day
Such other days as the Board of Supervisors may
by resolution designate as holidays.
B. Shift employees (56 hours per week) shall continue
to receive twelve (12) hours of overtime credit for
each holiday listed in Section (A) above.
C. For forty (40) hour employees effective May 1 ,
1982, Lincoln's Day, Admission Day, and
Columbus Day shall be deleted as holidays and
each employee shall be allowed to either (1 )
schedule a personal holiday on any of the above
three (3) deleted holidays, or (2) accrue eight (8)
hours of personal holiday credit when Lincoln's
Day, Admission Day, and Columbus Day occur.
Such personal holiday time may be taken in
increments of one (1 ) hour, and preference of
IAFF, LOCAL 1230 30 2000 — 2002 MOU
SECTION 10 - VACATION LEAVE
personal holidays shall be given to employees
according to their seniority in the District as
reasonably as possible. No employee may accrue
more than thirty-two (32) hours of personal holiday
credit.
On separation from District service, an employee
shall be paid for any unused personal holiday
credits at the employee's then current pay rate.
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 fisted in Section 9.1 (A) falls on a Sunday, it shall
be celebrated on the following Monday.
9.3 Permanent Part-Time Employees shall receive
holiday credit in the same ratio to the holiday credit given full-
time employees as the number of hours per week in the part-
time employee's schedule bears to the number of hours in
the regular full-time schedule, regardless of whether the
holiday falls on the part-time employee's regular work day.
SECTION 10 - VACATION LEAVE
10.1 Vacation Leave. The rates at which employees
accrue vacation credits and the maximum
accumulations thereof are as follows:
IAFF, LOCAL 1230 31 2000 - 2002 MOU
SECTION 10 - VACATION LEAVE
40 Hour Employees
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years of completed service 10 240
Beg. with 16 - 20 years completed service 13-1/3 320
Beg. with 21 - 25 years completed service 16-2/3 400
Beg. with 26 - 30 years completed service 20 480
Beginning with 31 years service 23-1/3 560
56 Hour Shift Employees
Monthly Maximum
Accrual
Cumulative
Length of Service Hours Hours
Under 15 years of completed service 14 336
Beg. with 16 - 20 years completed service 19 456
Beg. with 21 — 25 years completed service 24 576
Beg. with 26 - 30 years completed service 28 672
Beg. with 31 years service 33 792
10.2''- Vacation Leave on Reemployment from a Layoff
List. Employees with six (6) months or more service in a
permanent position prior to their layoff, who are employed
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.
IAFF, LOCAL 1230 32 2000 — 2002 MOU
SECTION 11 - SICK LEAVE
SECTION 11 - SICK LEAVE
11 .1 Twenty-four (24) hour shift personnel shall accrue
sick leave at the rate of twelve (12) hours per month.
Employees who work a forty (40) hour week shall accrue
sick leave at the rate of eight (8) hours per month.
11 .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 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
IAFF, LOCAL 1230 33 2000 - 2002 MOU
SECTION 11 - SICK LEAVE
evidence submitted by the employee is insufficient,
or when the above conditions have not been met.
The District shall implement the above provision by revision
and updating of the appropriate District Personnel Bulletins.
11 .3 Sick Leave Utilization for Pregnancy Disability.
Every female employee shall be entitled to at least four (4)
months leave of absence on account of pregnancy disability
and�to use available sick leave or vacation pay entitlements
during such leave.
A. Application for such leave must be made by the
employee to the appointing authority accompanied
by a written statement of disability from the
employee's attending physician. The statement
must address itself to the employee's general
physical condition having considered the nature of
the work performed by the employee, and it must
indicate the date of the commencement of the
disability as well as the date the physician
anticipates the disability to terminate. The District
retains the right to a medical review of all requests
for such leave.
B. If an employee does not apply for leave and the
appointing authority believes that the employee is
not able to properly perform work or that the
employee's general health is impaired due to
disability caused or contributed to by pregnancy,
miscarriage, abortion, childbirth or recovery
therefrom, the employee shall be required to
undergo a physical examination by a physician
IAFF, LOCAL 1230 34 2000 - 2002 MOU
SECTION 11 - SICK LEAVE
selected by the District, the cost of such
examination to be borne by the District.. Should the
medical report so recommend, a mandatory leave
shall be imposed upon the employee for the
duration of the disability.
C. If all accrued sick leave has been utilized by the
employee, the employee shall be considered on an
approved leave without pay. Sick leave may not be
utilized after the employee has been released from
the hospital unless the employee has provided the
District with a written statement from the
employee's attending physician stating that the
disability continues and the projected date of the
employee's recovery from such disability.
The District shall implement the above provisions
by revision and updating of the appropriate District
Personnel Bulletins.
11 .4 . Definition of Immediate Family. "Immediate Family"
means and includes only the spouse, son, stepson,
daughter, stepdaughter, father, stepfather, mother,
stepmother, brother, sister, grandparent, grandchild, niece,
nephew, father-in-law, mother-in-law, daughter-in-law, son-
in-law, brother-in-law, sister-in-law, foster children, aunt,
uncle, cousin, stepbrother, or stepsister of an employee
and/or includes any other person for whom the employee is
the legal guardian or conservator, or any person who is
claimed as a "dependent" for IRS reporting purposes by the
employee.
11 .5 Prearranced Medical ADDointments. Employees
IAFF, LOCAL 1230 35 2000 - 2002 MOU
SECTION 12 - WORKERS' COMPENSATION
who wish to use sick leave for prearranged doctor or dentist
appointments shall notify their appropriate supervisor of the
appointment twenty-four (24) hours prior to the beginning of
the shift during which the appointment is scheduled.
11:.6 Legal Adoption of a Child. Paid sick leave credits
may be used by an employee upon adoption of the child.
11 .7 Death of Family Member. An employee may use
paid sick leave credits for working time used because of a
death in the employee's immediate family or of the
employee's domestic partner, but this shall not exceed three
(3) working days, plus up to two (2) days of work time for
necessary travel. Use of additional accruals other than sick
leave may be authorized in conjunction with the
bereavement leave at the discretion of the appointing
authority.
SECTION 12 — WORKERS' COMPENSATION
A permanent non-safety employee shall receive 87% of
regular monthly salary for all accepted claims filed with the
County on or after January 1 , 1997. Effective sixty (60) days
following Board approval of this Memorandum of
Understanding, a permanent non-safety employee shall
receive 86% of regular monthly salary for all accepted claims
filed with the County. This provision excludes those safety
employees entitled to benefits as defined under the Workers'
Compensation Laws of California, Labor Code Section 4850.
IAFF, LOCAL 1230 36 2000 - 2002 MOU
SECTION 13 - LEAVE OF ABSENCE
SECTION 13 - LEAVE OF ABSENCE
13.1 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.
13.2 General Administration - Leaves of Absence.
Requests for leave without pay shall be made upon forms
prescribed by the Director of Human Resources and shall
state specifically the reason for the request, the date when
it is desired to begin the leave, and the probable date of
return.
A. Leave without pay may be granted for any of the
following reasons:
1 . Illness or disability;
2. pregnancy;
3. parental;
4. to take a course of study such as will increase
the employee's usefulness on return to the
position;
5. for other reasons or circumstances acceptable
to the appointing authority.
IAFF, LOCAL 1230 37 2000 - 2002 MOU
SECTION 13 - LEAVE OF ABSENCE
B. An employee must request family care leave at
least thirty (30) days before the leave is to begin if
the need for the leave is foreseeable. If the need is
not foreseeable, the employee must provide written
notice to the employer within five (5) days of
learning of the event by which the need for family
care leave arises.
C. A leave without pay may be for a period not to
exceed one (1 ) year, provided the appointing
authority may extend such leave for additional
periods. The procedure in granting extensions shall
be the same as that in granting the original leave,
provided that the request for extension must be
made not later than thirty (30) calendar days before
the expiration of the original leave.
D. Nevertheless, a leave of absence for the
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 accordance with Section
13.5 below.
E. Whenever an employee who has been granted a
leave without any pay desires to return before the
expiration of such leave, the employee shall submit
a request to the appointing authority in writing at
least fifteen (15) days in advance of the proposed
return. Early return is subject to prior approval by
the appointing authority. The Human Resources
Department shall be notified promptly of such
return.
IAFF, LOCAL 1230 38 '2000 - 2002 MOU
SECTION 13 - LEAVE OF ABSENCE
F. Except in the case of leave of absence due to
family care, pregnancy, pregnancy disability,
illness, or serious health condition, the decision of
the appointing authority on granting or denying a
leave or early return from leave shall be subject to
appeal to the Director of Human Resources and not
subject to appeal through the grievance procedure
set forth in this MOU.
13.3 Military Leave. Any employee who is ordered to
serve as a member of the State Militia or the United States
Army, Navy, Air Force, Marine Corps, Coast Guard or any
division thereof, shall be granted a military leave for the
period of such service, plus ninety (90) days. Additionally,
any employee who volunteers for service during a
mobilization under Executive Order of the , President or
Congress of the United States and/or the State Governor in
time of emergency, shall be granted a leave of absence in
accordance with applicable federal or state laws. Upon the
termination of such service, or upon honorable discharge,
the employee shall be entitled to return to his/her position in
the classified service provided such still exists and the
employee is otherwise qualified, without any loss of standing
of any kind whatsoever.
13.4 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 leave (less if so requested by the
employee) for:
a. medical leave of absence for the employee's own
IAFF, LOCAL 1230 39 2000 - 2002 MOU
SECTION 13 - LEAVE OF ABSENCE
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.
13.5 Certification. The employee may be asked to
provide certification of the need for family care leave or
medical leave. Additional period(s) of family care or medical
leave may be granted by the appointing authority.
13.6 Intermittent Use of Leave. The eighteen (18) week
entitlement may be in broken periods, intermittently on a
regular or irregular basis, or may include reduced work
schedules depending on the specific circumstances acid
situations surrounding the request for leave. The eighteen
(18) weeks may include use of appropriate available paid
leave accruals when accruals are used to maintain pay.
status, but use of such accruals is not required beyond that
specified in Section 13.12 below. When paid leave accruals
are used for a medical or family care leave, such time shall
be counted as a part of the eighteen (18) week entitlement.
13.7 Aggregate Use for Spouses. In the situation where
husband and wife are both employed by the County, the
family care of medical leave entitlement based on the birth,
adoption or foster care of a child is limited to an aggregate
IAFF, LOCAL 1230 40 2000 - 2002 MOU
SECTION 13 - LEAVE OF ABSENCE
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(ies) when their spouse is also employed by the
County.
13.8 Definitions. For medical and family care leaves of
absence under this section, the following definitions apply:
a. Child: A biological, adopted, or foster child,
stepchild, legal ward, conservatee or a child who is
under eighteen (18) years of age for whom an
employee stands in loco parentis or for whom the
employee is the guardian or conservator, or an
adult dependent child of the employee.
b. Parent: A biological, foster, or adoptive parent, a
step-parent, legal guardian, conservator, or other
person standing in loco parentis to a child.
C. Souse: A partner in marriage as defined in
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
IAFF, LOCAL 1230 41 2000 - 2002 MOU
SECTION 13 - LEAVE OF ABSENCE
hospital, hospice or residential health care facility or
continuing treatment or continuing supervision by a
health care provider (e.g. physician or surgeon) as
defined by state and federal law.
f. Certification for Family Care Leave. A written
communication to the employer from a health care
provider of a person for whose care the leave is
being taken which need not identify the serious
health condition involved, but shall contain:
1 . the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition;
3. an estimate of the amount of time which the
employee needs to render care or supervision;
4. a statement that the serious health condition
warrants the participation of a family member
to provide care during period of treatment or
supervision;
5. if for intermittent leave or a reduced work
schedule leave, the certification should
indicate that the intermittent leave or reduced
leave schedule is necessary for the care of the
individual or will assist in their recovery, and its
expected duration.
g. Certification for Family Medical Leave. A written
communication from a health care provider of an
IAFF, LOCAL. 1230 42 2000 - 2002 MOU
SECTION 13 - LEAVE OF ABSENCE
employee with a serious health condition or illness
to the employer, which need not identify the serious
health condition involved, but shall contain:
1 . the date, if known, on which the serious health
condition commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to
perform the functions of the employee's job;
4. if for intermittent leave or a reduced work
schedule leave, the certification should
indicate the medical necessity for the
intermittent leave or reduced leave schedule
and its expected duration.
h. Comparable Positions. A position with the same or
similar duties and pay which can be performed at
the same or similar geographic location as the
position held prior to the leave. Ordinarily, the job
assignment will be the same duties in the same
program area located in the same city, although
specific clients, caseload, co-workers,
supervisor(s), or other staffing may have changed
during an employee's leave.
13.9 Pregnancy ancy Disability Leave. Insofar as pregnancy
disability leave is used under Section 11 .3 (Sick Leave
Utilization for Pregnancy Disability), that time will not be
considered a part of the eighteen (18) week family care leave
period.
IAFF, LOCAL 1230 43 2000 - 2002 MOU
SECTION 13 - LEAVE OF ABSENCE
13. 10 Group Health Plan Coverage. Employees who were
members of one of the group health plans prior to
commencement of their leave of absence can maintain their
health plan coverage with the District contribution by
maintaining their employment in pay status as described in
Section 13.12. During the eighteen (18) weeks of an
approved medical or family care leave under Section 13.4
above, the District will continue its contribution for such
health plan coverage even if accruals are not available for
use to maintain pay status as required under Section 13.12.
In order to maintain such coverage, employees are required
to pay timely the full employee contribution to maintain their
group health plan coverage, either through payroll deduction
or by paying the County directly.
13.11 Leave Without Pair - Use of Accruals.
A. All Leaves of Absence. During the first twelve .(12)
month period of any leave of absence without pay,
an employee may elect to maintain pay status each
month by using available sick leave (if so entitled
under Section 11 - Sick Leave), vacation, floating
holiday, compensatory time off or other accruals or
entitlements; in other words, during the first twelve
(12) months, a leave of absence without pay may
be "broken" into segments and accruals used on a
monthly basis at the employee's discretion. After
the first twelve (12) months, the leave period may
not be "broken" into segments and accruals may
not be used, except when required by LTD Benefit
Coordination or Sick Leave Integration or in the
sections below.
IAFF, LOCAL 1230 44 2000 - 2002 MOU
SECTION 13 - LEAVE OF ABSENCE
B. Family Care or Medical Leave. During the eighteen
(18) weeks of an approved medical or family care
leave, if a portion of that leave will be on a leave of
absence without pay, the employee will be required
to use at least 0.1 hour of sick leave (if so entitled
under Section 11 - Sick Leave), vacation, floating
holiday, compensatory time off or other accruals or
entitlements if such are available, although use of
additional accruals is permitted under subsection A.
above.
C. Sick leave accruals may not be used during any
leave of absence, except as allowed under Section
11 - Sick Leave.
13.12 Leave of Absence Replacement and
Reinstatement. Any permanent employee who requests
reinstatement to the classification held by the employee in
the same department at the time the employee was granted
a leave of absence, shall be reinstated to a position in that":
classification and department and then only on the basis of '
seniority. In case of severance from service by reason of the
reinstatement of a permanent employee, the provisions of
PMR Part 12 shall apply.
13.13 Reinstatement From Family Care/Medical Leave. In
the case of a family care or medical leave, an employee on
a 5/40 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. A full time
employee taking an intermittent or reduced work schedule
IAFF, LOCAL 1230 45 2000 - 2002 MOU
SECTION 13 - LEAVE OF ABSENCE
leave shall be reinstated to the same or comparable position
if the return to work on a full schedule is after no more than
720 hours, including use of accruals, of intermittent or
reduced schedule leave. At the time the original leave is
approved, the appointing authority shall notify the employee
in writing of the final date to return to work, or the maximum
number of hours of leave, in order to guarantee
reinstatement to the same or comparable position. An
employee on a schedule other than 5/40 shall have the time
frame for reinstatement to the same or comparable position
adjusted on a pro rata basis.
13.14 Salary Review While on Leave of Absence. The
salary of an employee who is on leave of absence from a
County position on any anniversary date and who has not
been absent from . the position on leave without pay more
than six (6) months during the preceding year, shall be
reviewed on the anniversary date. Employees on military
leave shall receive salary increments that may accrue to
them during the period of military leave.
13.15 Unauthorized Absence. An unauthorized absence
from the work site or failure to report for duty after a leave
request has been disapproved, revoked, or canceled by the
appointing authority, or at the expiration of a leave, shall be
without pay. Such absence may also be grounds for
disciplinary action.
IAFF, LOCAL 1230 46 2000 - 2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
SECTION 14 - HEALTH AND WELFARE, LIFE AND
DENTAL CARE
14.1 Health/Dental Plan Contract Extension. The County
and IAFF, Local 1230 agreed to extend all current health and
dental contracts through December 31 , 1995 and renew all
contracts from January 1 , 1996 to December 31 , 1996 and
thereafter, pending implementation of the CaIPERS group
health benefits provided herein.
14.2 Health Plan. Effective January 1 , 199Tor as soon
thereafter as can be implemented, the District will substitute
for the existing health benefit contracts, 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. Open enrollment will
be held approximately sixty (60) days prior to the date of
implementation.
Thereafter, the CaIPERS {grogram, 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 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 acknowledges that notwithstanding
this Memorandum of Understanding (MOU); and during the
IAFF, LOCAL 1230 47 2000 - 2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
time that it is in effect, CalPERS may terminate or change
covered expenses, benefit payments, copayments on
covered benefits, deductibles, lifetime and/or annual
maximum limits and eligibility rules and may implement cost
control measures as they deem appropriate.
The IAFF, Local 1230 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.
14.3 Contra Costa Health Plan (&CHP. Because CCHP
has met the minimum standards required under PEMHCA
and is approved as an alternative CalPERS plan option,
IAFF, Local 1230 members and COBRA counterparts may
elect to enroll in CCHP under the CalPERS plan rules and
regulations.
14.4 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.
The District will contribute up to the following
maximum monthly amounts [not to exceed 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
IAFF, LOCAL 1230 48 2000 - 2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
CCHP) premium.
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.
14.5 Dental Proaram. The District will offer the existing
County group Dental Plans (Delta and PMI Delta Care) to all
permanent employees in classes represented by the IAFF,
Local 1230.
14.6 Dental Contribution. The District's contribution to
the monthly dental plan premiums shall be as provided
below. These contributions are provided only for permanent
full-time employees. Any increases in dental plan costs
greater than the District's contributions identified below
occurring during the term of this MOU shall be borne by the
employee.
1 . Delta and PMI Delta Care: District will contribute
seventy-seven percent (77%) -toward the monthly
dental premium. Effective the first, of the month
following the month in which the Board of
Supervisors adopts this Memorandum of
Understanding, the District will contribute seventy-
eight percent (78%) toward the monthly dental
premium.
2. Dental Only: Employees who elect dental coverage
as stated above without health coverage will pay
one cent ($.01 ) per month for such coverage.
IAFF, LOCAL 1230 49 2000 - 2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
14.7 Rate Information. The County Benefits Service Unit
will make dental plan rate information and, to the extent
possible, CalPERS health plan rate information available to,
employees and departments upon request. In addition, the
County Benefits Service Unit will publish and distribute to
employees and departments information about rate changes
as they occur during the year.
14.8 Life Insurance Program. The District will continue
the existing County group $7500 Term Life Insurance Plan
for all .permanent employees in classes represented by IAFF,
Local 1230.
14.9 Life Insurance Contributions. The District will pay
the entire premium for employees who elect a CalPERS
Health Plan coverage, including CCHP, and/or dental plan
coverage as established above.
14.10 Premium Payments. Employee participation in any
health, dental, or life insurance plan is contingent upon the
employee authorizing payroll deduction by the County of the
employee's share of the premium cost. The District's
contribution to health plan and dental plan monthly premiums
are payable as follows:
A. CalPERS PLAN (Includes Alternate CCHP Plan)
The District's contribution to the health plan
premium is payable one (1 ) month in advance. If
an employee's compensation in any month is not
sufficient to pay the employee share of the
premium, the employee must make up the
difference by remitting the'amount delinquent to the
IAFF, LOCAL 1230 50 2000 - 2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
Auditor-:Controller. The responsibility for this
payment rests solely with the employee.
B. DENTAL AND LIFE INSURANCE PLANS
The District's contribution to the dental and life
insurance premium is payable monthly. If an
employee's compensation in any month is not
sufficient to pay the employee share of the
premium, the employee must make up the
difference by remitting the amount delinquent to the
Auditor-Controller. The responsibility for this
payment rests solely with the employee.
14.11 Extended Coverage. An employee on approved
leave without pay shall be allowed to continue his/her
health/dental/life 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 and by the District for the dental
plans.
An employee who terminates District employment is covered
through the first day of the month following termination for
CalPERS plans and through the last day of the month in
which he/she is paid for District dental plans. Employees
IAFF, LOCAL 1230 51 2000 - 2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
who terminate District employment may continue Group
Health/Dental plan coverage to the extent provided under the
COBRA regulations.
14.12 Retirement Coverage. Eligibility for health and/or
dental coverage as a retiree or retiree's survivor is
established by the Board of Supervisors.
Employees enrolled in the CalPERS alternative plan (CCHP)
at the time of retirement are permanently precluded from
enrolling in either a CalPERS or District health plan in the
future.
14.13 Dual Coverage.
A. CalPERS Health Plan. Employees must adhere to
the rules as established by CaIPERS.
B. Dental Plans. (1 ) In the event either of a husband
: or wife, who both work for the County, becomes
ineligible for coverage, the remaining eligible
member shall be allowed to (a) enroll in a dental
plan, if not currently enrolled, or (b) add the spouse
and or dependent(s) to their existing plan coverage
provided they do so within thirty (30) days of the
date coverage is no longer afforded under the
spouse's plan. (2) In the event a spouse who does
not work for the County becomes ineligible for
coverage, the County employee shall be allowed to
_enroll in a dental plan, if not currently enrolled, or
add the spouse and or dependent(s) to their
existing plan coverage provided they do so within
thirty (30) days of the date coverage is no longer
IAFF, LOCAL 1230 52 2000 - 2002 MOU
SECTION 14 - HEALTH AND WELFARE, LIFE AND DENTAL CARE
afforded under the spouse's plan and evidence of
the termination of coverage is provided by the
spouse's employer.
14.14 PERS Long Term Care. The District will deduct and
remit monthly premium and eligible lists to the PERS Long
Term Care Administrator, at no employee cost, for District
employees who are eligible and voluntarily elect to purchase
long term care through the PERS Long Term Care Program.
The District further agrees that District employees interested
in purchasing PERS Long Term Care may participate in
meetings scheduled by PERS Long Term Care on District
facilities during non-work hours. (i.e: coffee breaks, lunch
hour).
14.15 Health Care Spending Account. 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 $2400 per year,
for health care expenses not reimbursed by any other health
benefits plan with before tax dollars. Effective January 1 ,
2001 , the HCSA Program will allow employees to set aside
a predetermined amount from their paycheck, not to exceed
$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 53 2000 - 2002 MOU
SECTION 15 - FIREFIGHTER RECRUIT
SECTION 15 - FIREFIGHTER RECRUIT
New "Firefighters" will be appointed to the class of
Firefighter-Recruit for the duration of their academy training
period. Advancement to Firefighter will be made upon
successful completion of academy training and possession
of a valid California Emergency Medical Technician — 1 (EMT
— 1.) certificate.
SECTION 16 - PROBATIONARY PERIOD
16. 1 Duration. All appointments from officially
promulgated employment lists for original entrance and
promotion shall be subject to a probationary period. For
original entrance appointments, the probationary period shall
be for nine (9) months unless otherwise noted below. For
promotional appointments, the probation period shall be from
six (6) months to one (1 ) year duration.
16.2 Classes with Probationary Periods in Excess of Six
(6)/Nine (9) Months. Listed below are those classes
represented by the Union which have probation periods in
excess of nine (9) months for original entrance appointments
and six (6) months for promotional appointments:
Fire Captain - one (1 ) year
Firefighter - one (1 ) year
Firefighter-Paramedic - one (1 ) year
Fire District Dispatcher - one (1 ) year
Fire Engineer - one (1 ) year
Senior Fire District Dispatcher - one (1 ) year
IAFF, LOCAL 1230 54 2000 - 2002 MOU
SECTION 16 - PROBATIONARY PERIOD
16.3 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.
16.4 Probationary Period Time. The probationary period
shall date from the time of appointment to a permanent
position after certification from an eligible list. It shall not
include time served under provisional appointment or under
appointment to limited term positions or any period of
continuous leave of absence without pay or period of work
connected disability exceeding fifteen (15) calendar days.
For those employees appointed to permanent-intermittent
positions with a nine (9) months probation period, probation
will be considered completed upon serving fifteen hundred
(1 ,500) hours (1456 hours for shift employees) after
appointment except that in no instance will this period be
less than nine (9) calendar months from the beginning of
probation. If a permanent-intermittent probationary employee
is reassigned to full-time, credit toward probation completion
in the full-time position shall be prorated on the basis of one
hundred seventy-three (173) hours (243 hours for shift
employees) per month.
16.5 Rejection During Probation. An employee who is
rejected during the probation period and restored to the
eligible list shall begin a new probationary period if
subsequently certified and appointed.
A. Appeal from reiection. Notwithstanding any other
provisions of this section, an employee
(probationer) shall have the right to appeal from
any rejection during the probationary period based
IAFF, LOCAL 1230 55 2000 - 2002 MOU
SECTION 16 - PROBATIONARY PERIOD
on political, or religious or union activities, or race,
color, national origin, sex, age, handicap, or sexual
orientation.
B. The appeal must be written, must be signed by the
employee and set forth the grounds and the facts
by which it is claimed that grounds for appeal exist
under subsection (A) and must be filed through the
Director of Human Resources to the Merit Board by
5:00 p.m. on the 7th calendar day after the date of
delivery to the employee of notice of rejection.
C. The Merit Board shall consider the appeal, and if it
finds probable cause to believe that the rejection
may have been based on grounds prohibited in
subsection (A), it may refer the matter to a Hearing
Officer for hearing, recommend findings of fact,
conclusions of law and decision, pursuant to the
relevant provisions of the Merit Board rules in which
proceedings the rejected probationer has the
burden of proof.
D. If the Merit Board finds no probable cause for a
hearing, it shall deny the appeal. If, after hearing,
the Merit Board upholds the appeal,'the appellant
shall complete only the remainder of the probation
period unless the Merit Board specifically orders
that the appellant begin a new probation period.
16.6 Regul�ppointment. The regular appointment of
a probationary employee shall begin on the day following the
end of the probationary period, subject to the condition that
the Director of Human Resources receive from the
IAFF, LOCAL 1230 56 2000 - 2002 MOU
SECTION 16 - PROBATIONARY PERIOD
appointing authority a statement in writing that the services
of the employee during the probationary period were
satisfactory and that the employee is recommended for
permanent appointment. A probationary employee may be
rejected at any time during the probation period without
regard to the Skelly provisions of this Memorandum of
Understanding, without notice and without right of appeal or
hearing. If the appointing authority has not returned the
probation report, a probationary employee may be rejected
from the service within a reasonable time after the probation
period for failure to pass probation. If the appointing authority
fails to submit in a timely manner the proper written
documents certifying that a probationary employee has
served in a satisfactory manner and later acknowledges it
was the appointing authority's intention to do so, the regular
appointment shall begin on the day following the end of the
probationary period.
Notwithstanding any other provisions of this Memorandum of
Understanding, an employee rejected during the probation
period from a position in the Merit System to which the
employee had been promoted or transferred from an eligible
list, shall be restored to a position in the District from which
the employee was promoted or transferred. An employee
dismissed for other than disciplinary reasons within six (6)
months after being promoted or transferred from a position
in the Merit System to a position not included in the Merit
System shall be restored to a position in the classification in
the District from which the employee was promoted or
transferred. A probationary employee who has been rejected
or has resigned during probation shall not be restored to the
eligible list from which the employee was certified unless the
employee receives the affirmative recommendation from the
IAFF, LOCAL 1230 57 2000 - 2002 MOU
SECTION 16 - PROBATIONARY PERIOD
appointing authority and is certified by the Director of Human
Resources whose decision is final. The Director of Human
Resources shall not certify the name of a person restored to
the eligible list to the same appointing authority by whom the
person was rejected from the same eligible list, unless such
certification is requested in writing by the appointing
authority.
16.7 Layoff During Probation. An employee who is laid
Off during probation, if reemployed in the same class by the
same District, shall be required to complete only the balance
of the required probation.
If reemployed in another classification, the employee shall
serve a full probationary period. An appointment from a
layoff or reemployment list is not subject to a probation
period if the position is in the District from which the
employee separated, displaced or voluntarily demoted in lieu
of layoff.
16.8 Rejection During Probation of Layoff Employee. An
employee who has achieved permanent status in the class
before layoff and who subsequently is appointed from the
layoff list and then rejected during the probation period shall
be automatically restored to the layoff list, unless discharged
for cause, if the person is within the period of layoff eligibility.
The employee shall begin a new probation period if
subsequently certified and appointed in a different district or
classification than that from which the employee.was laid off.
IAFF, LOCAL 1230 58 2000 - 2002 MOU
SECTION 17 - PROMOTION
SECTION 17 - PROMOTION
17.1 Promotion. Promotion shall be by competitive
examination unless otherwise provided in this Memorandum
of Understanding.
17.2 Promotion Policy. The Director of Human
Resources, upon request of an appointing authority, shall
determine whether an examination is to be called on a
promotional basis.
17.3 Promotion via Reclassification Without
Examination. Notwithstanding other provisions of this
Section, an employee may be promoted from one
classification to a higher classification and his position
reclassified at the request of the appointing authority and
under the following conditions:
A. An evaluation of the position(s) in question must
show that the duties and responsibilities have
significantly increased and constitute a higher level
of work.
B. The incumbent of the position must have performed
at the higher level for one (1 ) year.
C. The incumbent must meet the minimum education
and experience requirements for the higher class.
D. The action must have approval of the Director of
Human Resources.
E. The Union approves such action.
IAFF, LOCAL 1230 59 2000 - 2002 MOU
SECTION 17 - PROMOTION
The appropriate rules regarding probationary status and
salary on promotion are applicable.
17.4 Requirements for Promotional Standina. In order
to qualify for an examination called on a promotional basis,
CI
an employee must have probationary or permanent status in
the merit system and must possess the minimum
qualifications for the class. Applicants will be admitted to
promotional examinations only if the requirements are met
on or before the final filing date. If an employee who is
qualified on a promotional employment list is separated from
the merit system, except by layoff, the employee's name
shall be removed from the promotional list.
17.5 Senioritv Credits. Employees who have qualified to
take promotional examinations and who have earned -a total
score, not including seniority credits, of seventy percent
(70%) or more, shall receive, in addition to all other credits,
five one-hundredths of one percent (.05) for each completed
month of service as a permanent County employee
continuously preceding the final date for filing application for
said examination. For purposes of seniority credits, leaves
of absence shall be considered as service. Seniority credits
shall be included in the final percentage score from which the
rank on the promotional list is determined. No employee,
however, shall receive more than a total of five percent (5%)
credit for seniority in any promotional examination.
17.6 Physical Examination as Part of Promotional
Examination. District employees who are required as part of
the promotional examination process to take a physical
examination shall do so on District time at District expense.
IAFF, LOCAL 1230 60 2000 - 2002 MOU
SECTION 18 - TRANSFER POLICY
SECTION 18 - TRANSFER POLICY
Any employee and appointing authority who desire to initiate
a transfer may inform the Director of Human Resources in
writing of such desire stating the reasons therefore. If the
Director of Human Resources considers that the reasons are
adequate and the transfer will be for the good of the District
service and the parties involved, the Director of Human
Resources shall inform the appointing authority or authorities
concerned and the employee of the proposal and may take
the initiative in accomplishing the transfer.
SECTION 19 - RESIGNATIONS
An employee's voluntary termination of service is a
resignation. Written resignations shall be forwarded to the
Human Resources Department by the appointing authority
immediately on receipt, and shall indicate the effective date
of termination. Oral resignation shall be immediately
confirmed by the appointing authority in writing to the
employee and to the Human Resources Department and
shall indicate the effective date of termination.
19.1 Resignation in Good Standing. A resignation giving
the appointing authority written notice at least two (2) 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 terminating on shorter notice) is a resignation
in good standing.
19.2 Constructive Resianaation. A constructive
resignation occurs and is effective when:
IAFF, LOCAL 1230 61 2000 - 2002 MOU
SECTION 19 - RESIGNATIONS
A. An employee has been absent from duty for ten
(10) consecutive working days, (three shifts for
employees on a 56-hour work week) without leave;
and
B. ten (10) more consecutive days (three shifts for
employees on a 56 hour work week) have elapsed
without response by the employee after the mailing
of a notice of resignation by the appointing authority
to the employee at the employee's last known
address.
19.3 Effective Resignation. A resignation is effective
when delivered or spoken to the appointing authority,
operative either on that date or another date specified.
19.4 Revocation. A resignation that is effective is
revocable only by written concurrence of the employee and
the appointing authority.
19.5 Coerced Resignations.
A. <. Time Limit. A resignation which the employee
believes has been coerced by the appointing
authority may be revoked within seven (7) calendar
days after its expression, by serving written notice
on the Director of. Human Resources and a copy on
the appointing authority.
B. Reinstatement. If the appointing authority
acknowledges that the employee could have
believed that the resignation was coerced, it shall
be revoked and the employee returned to duty
effective on the day following the appointing
IAFF, LOCAL 1230 62 2000 - 2002 MOU
SECTION 20 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
authority's acknowledgment without loss of
seniority or pay.
C. Contest. Unless, within seven (7) days of the
receipt of the notice, the appointing authority
acknowledges that the resignation could have been
believed to be coerced, this question should be
handled as an appeal to the Merit Board. In the
alternative, the employee may file a written election
with the Director of Human Resources waiving the
employee's right of appeal to the Merit Board in
favor of the employee's appeal rights under the.
grievance procedure contained in Section 21 of the
Memorandum of Understanding beginning with step
C.
D. Disposition. If a final decision is rendered that
determines that the resignation was coerced, the
resignation shall be deemed revoked and the
employee returned to duty effective on the day
following the decision or next assigned shift but
without loss of seniority or pay, subject to the
employee's duty to mitigate damages.
SECTION 20 - DISMISSAL, SUSPENSION, DEMOTION
AND REDUCTION IN SALARY
20.1 Cause for Dismissal. Suspension. Demotion and
Reduction in Salary. The appointing authority may dismiss,
suspend, demote, or reduce in salary any employee for
cause. Reduction in salary shall not exceed five percent (5%)
of the employee's base salary for a period of more than sixty
IAFF, LOCAL 1230 63 2000 - 2002 MOU
SECTION 20 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
t.
(60) consecutive calendar days. The following are sufficient
causes for such action; the list is indicative rather than
inclusive of restrictions and dismissal, suspension, demotion
or reduction in salary may be based on reasons other than
those specifically mentioned:
1 . absence without leave;
21 conviction of any criminal act involving moral
turpitude;
3. conduct tending to bring the merit system into
disrepute;
4. disorderly or immoral conduct;
5. incompetence or inefficiency;
6. insubordination;
7. being at work under the influence 'of liquor or drugs,
carrying onto the premises liquor or. drugs or
consuming or using liquor or drugs during work
hours and/or on District premises;
}� 8. neglect of dut > i.e. non-performance of reasonably
assigned responsibilities;
9. negligent or willful damage to public property or
waste of public supplies or equipment;
10. violation of any lawful or reasonable regulation or
order given by a supervisor or Fire Chief;
IAFF, LOCAL 1230 64 2000 - 2002 MOU
SECTION 20 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
11 . willful violation of any of the provisions of the Merit
System Ordinance or Personnel Management
Regulations;
12. material and intentional misrepresentation or
concealment of any fact in connection with
obtaining employment;
13. misappropriation of District funds or property;
14. unreasonable failure or refusal to undergo any
physical, medical and/or psychiatric exam and/or
treatment authorized by this Memorandum of
Understanding;
15. dishonesty or theft;
16. excessive or unexcused absenteeism and/or
tardiness;
17. sexual harassment including but not limited to
unwelcome sexual advances, requests for sexual
favors, and other verbal, visual or physical conduct
of a sexual nature, when such conduct has the
purpose or effect of affecting employment decisions
concerning an individual, interfering with an
individual's work performance, or creating an
intimidating, hostile or an offensive working
environment.
20.2 Skelly Requirements. Before taking a disciplinary
action to dismiss, suspend for more than five (5) work days
IAFF, LOCAL 1230 C5 2000 - 2002 MOU
SECTION 20 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
(48 hours for employees on a 56 hour workweek) or demote
an employee, the appointing authority shall cause to be
served personally or by certified mail on the employee, a
Notice of Proposed Action, which shall contain the following:
A. A statement of the action proposed to. be taken.
B. A copy of the charges; including the acts or
omissions and grounds upon which the action is
based.
C. If it is claimed that the employee has violated a rule
or regulation of the County or District, a copy of
said rule shall be included with the notice.
D. A statement that the employee may review and
request copies of materials upon which the
proposed action is based.
E. A statement that the employee has seven (7) calendar
days to respond to the appointing authority either orally
=' or in writing.
Employee Response. The employee upon whom a Notice
of Proposed Action has been served shall have seven (7)
calendar days to respond to the appointing authority either
orally or in writing before the, proposed action may be taken.
Upon request of the employee and for good cause, the
appointing authority may extend in writing the period to
respond. If the employee's response is not filed within seven
(7) days or during any extension, the right to respond is lost.
IAFF,,LOCAL 1230 66 2000 - 2002 MOU
SECTION 20 - DISMISSAL, SUSPENSION, DEMOTION AND
REDUCTION IN SALARY
20.3 Leave Pending EMDloyee Response. Pending
response to a Notice of Proposed Action within the first
seven (7) days or extension thereof, the appointing authority
for cause specified in writing may place the employee on
temporary leave of absence with pay.
20.4 Suspensions Without Pay shall not exceed thirty
(30) consecutive days unless ordered by an arbitrator, an
adjustment board or the Merit Board.
20.5 Procedure on Dismissal. Suspension or Disciplinary
Demotion.
A. In any disciplinary action to dismiss, suspend, or
demote an employee having permanent status in a
position in the merit system, after having complied
with the Skelly requirements where applicable, the
appointing authority shall make an order in writing
stating specifically the causes for the action.
B. Service of Order. Said order of dismissal,
suspension, or demotion shall be filed with the
Director of Human Resources showing by whom
and the date a copy was served upon the employee
to be dismissed, suspended or demoted, either
personally or by certified mail to the employee's last
known mailing address. The order shall be effective
either upon personal service or deposit in the U.S.
Postal Service.
C. Employee Appeals from Order. The employee may
appeal an order of dismissal, suspension or
demotion either to the Merit Board or through the
IAFF, LOCAL 1230 67 2000 - 2002 MOU
SECTION 21 - GRIEVANCE PROCEDURE
procedures of Section 21 Grievance Procedure of
this Memorandum of Understanding provided that
such appeal is filed in writing with the Director of
Human Resources within ten (10) calendar days
after service of said order. An employee may not
both appeal to the Merit Board and file a grievance
under Section 21 of this Memorandum of
Understanding.
SECTION 21 - GRIEVANCE PROCEDURE
21 .1 Grievance Procedure. A grievance is any dispute
which involves the interpretation or application of any
provision of this Memorandum of Understanding (excluding,
however, those provisions of this Memorandum of
Understanding which specifically provide that the decision of
f any County/District official shall be final, the interpretation or
!:
application of those provisions not being subject to the
pp p 9 J
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 arid shall be processed in the following
manner.
A. Step 1 . Any employee or group of employees who
believes a provision of this Memorandum of
Understanding has been misinterpreted or
misapplied to the employee's detriment shall
discuss the complaint on an informal basis with the
employee's appropriate chief officer who shall meet
with the employee and respond to the grievance
IAFF, LOCAL 1230 68 2000 -- 2002 MOU
SECTION 21 - GRIEVANCE PROCEDURE
within five (5) duty shifts, or ten (10) workdays in
the case a grievance filed by employees assigned
to a forty (40) hour workweek, 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 Memorandum of
Understanding 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 3. If a grievance is not satisfactorily resolved
in Step 2 above, the employee may appeal in
writing within five (5) workdays to the Director of
Human Resources. The Director of Human
Resources or designee shall have fifteen (15)
workdays in which to investigate the merit of the
complaint and to meet with the Fire Chief or
designee and the employee to attempt to settle the
grievance and to respond in writing to the employee
and the employee's Union representative.
IAFF, LOCAL 1230 69 2000 - 2002 MOU
SECTION 21 - GRIEVANCE PROCEDURE
D. Step 4. No grievance may be processed under this
Section which has not first been filed and
investigated in accordance with Step 3 above and
filed within five (5) calendar days of the written
response of the Director of Human Resources or
designee. If the parties are unable to reach a
mutually satisfactory accord on any grievance
which arises and is presented during the term of
this Memorandum of Understanding, such
grievance shall be submitted in writing within five
i '
(5) calendar days to the Director . of Human
Resources requesting that the grievance be
submitted to an Adjustment Board. Such
Adjustment Board is to be comprised of three (3)
union representatives, no more than one (1 ) of
whom shall be either an employee of the District or
a member of the Union presenting this grievance,
and three (3) representatives of the District, no
more than one (1 ) of whom shall be an employee of
a District covered by this MOU, or a County
employee or a member of the staff of an
organization employed to represent the District in
the meeting and conferring process. The
Adjustment Board shall meet and render a decision
within fifteen (15) calendar days of receipt of a
written request.
E. Step 5. If an Adjustment Board is unable to arrive
at a majority decision, either the employee (or the
County/District, when alleging a violation of Section
21 .2 below) may require the grievance be referred
to an impartial arbitrator who shall be designated by
mutual agreement between the employee and the
IAFF, LOCAL 1230 70 2000 - 2002 MOU
SECTION 21 - GRIEVANCE PROCEDURE
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
21 .2 below). 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 21 the term
"workday" shall be defined as any day except a
Saturday, Sunday or holiday.
21 .2 Scope of Adjustment Board and Arbitration
Decisions.
A. Decisions of Adjustment Boards and arbitrators on
matters properly before them shall be final and
binding on the parties hereto, to the extent
permitted by law.
B. No Adjustment Board and no arbitrator shall
entertain, hear, decide or make recommendations
on any dispute unless such dispute involves a
position in a unit represented by the Union which
has been certified as the recognized employee
organization for such unit and unless such dispute
IAFF, LOCAL 1230 71 2000 - 2002 MOU
SECTION 21 - GRIEVANCE PROCEDURE
falls within the definition of a grievance as set forth
in Section 21 .1 above.
C. Proposals to add to or change this Memorandum of
Understanding or to change written agreements
supplementary hereto shall not be arbitrable and no
proposal to modify, amend, or terminate this
Memorandum of Understanding nor any matter or
subject arising out of or in connection with such
proposals, may be referred to arbitration under this
Section. Neither any Adjustment Board nor any
arbitrator shall have the power to amend or modify
this Memorandum of Understanding or written
agreements supplementary hereto or to establish
any new terms or conditions of employment.
E
D. If the Director of Human Resources inp ursuance of
the procedures outlined in Section 21 .1C above, or
the Adjustment Board in pursuance of the provi-
sions of Section 21 .1 D above, resolve a grievance
which involves suspension or discharge, they may
agree to payment for lost time or to reinstatement
with or without payment for lost time; but, in the
event that the grievance is carried to arbitration and
such employee is found to have been properly
discharged under the provisions of Section 20,
such employee may not be ordered reinstated and
no penalty may be assessed upon the
County/District.
21 .3 Clarification on Time Limits of the Grievance
Procedure. The time limits and steps specified above may
be waived by mutual agreement of the parties to the
IAFF, LOCAL 1230 72 2000 - 2002 MOU
SECTION 21 - GRIEVANCE PROCEDURE
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.
21 .4 Representation Outside of Union. 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.
21 .5 Compensation Complaints. All complaints involving
or concerning the payment of compensation shall be initially
filed in writing with the Director of Human Resources. Only
complaints which allege that employees are not being
compensated in accordance with the provisions of this
Memorandum of Understanding shall be considered as
grievances. Any other matters of compensation are to be
resolved in the meeting and conferring process, if not
detailed in the Memorandum of Understanding which results
from such meeting and conferring process, shall be deemed
withdrawn until the meeting and conferring process is next
opened for such discussion. No adjustments shall be
retroactive for more than six (6) months from the date upon
which the complaint was filed. No change in this
Memorandum of Understanding or interpretations thereof
(except interpretations resulting from Adjustment Board or
arbitration proceedings hereunder) will be recognized unless
agreed to by the District and the Union.
21 .6 No Strike. During the term of this Memorandum of
Understanding, the Union, its members and representatives,
IAFF, LOCAL 1230 73 2000 - 2002 MOU
SECTION 21 - GRIEVANCE PROCEDURE
agree that it and they will not engage in, authorize, sanction
or support any strike, slowdown, refusal to perform
customary duties, stoppage of work or sickout against the
District.
In -the case of a legally declared lawful strike against a
private or public sector employer which has been sanctioned
and approved by the labor body or council , having
jurisdiction, an employee who is in danger of physical harm
shall not be required to cross the picket line, provided the
employee advises the employee's supervisor as soon as
possible, and provided further that an employee may be
required to cross a picket line where the performance of the
employee's duties is of an emergency nature and/or failure
to perform such duties might cause or aggravate a danger to
public health or safety.
21 .7 Merit Board.
'A. All grievances of employees in representation- units
represented by the Union shall be processed under
Section 21 unless the employee elects to apply to
the Merit Board on matters within its jurisdiction.
B. No action under Steps (3), (4) or (5) of Subsection
21 .1 above shall be taken if action on the complaint
or grievance has been taken by the Merit Board, or
if the complaint or grievance is pending before the
Merit Board.
21 .8 Grievance Filina. 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
IAFF, LOCAL 1230 74 2000 - 2002-MOU
SECTION 22 - RETIREMENT CONTRIBUTION
violates a provision of this Memorandum of Understanding.
21 .9 Letter 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 22 - RETIREMENT CONTRIBUTION
Pursuant to Government Code Section 31581 .1 , the District
will continue to pay fifty percent (50%) of the retirement
contributions normally required of employees. Such
payments shall be in effect for the period of March 16, 2000
to December 31 , 2000. Effective January 1 , 2001 , pursuant
to United States Code, Title 26, Subtitle A, Chapter 1 ,
Subchapter D, Part I, Subpart B, Section 414 (h) (2), the
following Retirement Contribution Procedure will be
implemented;
A. The employee's base pay will be increased by
3.9%. This amount is one half (1/2) the average
retirement percentage rate paid by represented
members (not including cost of living program
contribution).
B. The employee will be responsible for one
hundred percent (100%) of the normal
contribution required of the employee. The
contribution will be deducted from the
employee's earnings pretax based on the
IAFF, LOCAL 1230 75 2000 - 2002 MOU
SECTION 23 - SAFETY
i
individual employee's retirement contribution
percentage, based on age of entry into the
retirement system.
Employees shall be responsible for payment of the
employees' contribution for the retirement cost of living
program as determined by the Board of Retirement of the
Contra Costa County Employees' Retirement Association
without the District paying any part of the employees' share.
The District will pay the remaining one-half (1/2) of the
retirement cost-of-living program contribution.
SECTION 23 - SAFETY
The District shall eve expend effort to see to it that the
p every
work performed under the terms and conditions of this
Memorandum of Understanding is performed with maximum
degree of safety consistent with the requirement to conduct
efficient operations.
l
SECTION 24 - MILEAGE
Reimbursement for Use of Personal Vehicle. The mileage
allowance for use of personal vehicles on County business
shall be paid according to the rates allowed by the Internal
Revenue Service and shall be adjusted to reflect he
in
this rate on the date it becomes effective or the first of the
month following announcement of the changed rate by the
Internal Revenue Service, whichever is later.
IAFF, LOCAL 1230 76 2000 - 2002 MOU
SECTION 25 - UNIFORM ALLOWANCE
SECTION 25 - UNIFORM ALLOWANCE
The monthly uniform allowance for all employees in
represented classes for which a uniform is required shall be
$50/month.
SECTION 26 - CERTIFICATION REQUIREMENTS
1 . Incumbents of the classifications of Firefighter, Fire
Engineer, Fire Captain, Fire Training Captain,
Training Instructor and Senior Training Instructor
shall, at all times, possess current certification
appropriate for practice in Contra Costa County in
Basic Life Support, Emergency Medical Technician-
1 , and Hazardous Materials First Responder as a
condition of employment.
2. Incumbents of the classification of Firefighter-
Paramedic, shall, at all times, possess current
certification appropriate for practice in Contra Costa
County in Emergency Medical Technician-
Paramedic and Hazardous Materials First
Responder as a condition of employment.
3. The District will provide maintenance training to
incumbent employees to comply with the
requirements of Sections 1 and 2 above.
4. Employees appointed into any of the foregoing
classifications (excepting movements between
these classifications) shall obtain these
certifications within six (6) months of appointment
IAFF, LOCAL 1230 77 2000 - 2002 MOU
SECTION 27- MINIMUM STAFFING
• r
as a condition of employment. The . District will
provide initial certification training to these
employees.
5. The foregoing certifications shall be included in
minimum qualifications for the foregoing job
classifications.
SECTION 27- MINIMUM STAFFING
The present minimum shift schedule of staffing in the Fire
Protection District shall be as follows:
Contra Costa Fire Protection District 95
Fire station staffing within the District may be reduced below
the scheduled level in order to accommodate Fire District
programs. Said levels of staffing may be reduced by such
events= as the closure of a fire station. For the duration of this
Memorandum the District will continue the present policies
with regard to staffing as described above. Should the
management of the District change its policies with regard to
the minimum level of staffing, it will inform the Union of such
proposed changes and meet and confer with the Union over
the effect of such policy changes on workload and safety.
SECTION 28- PARAMEDIC PAY DIFFERENTIALS
A qualified paramedic who is regularly assigned as the
Paramedic in an Advanced Life Support Engine Company
shall receive a monthly Paramedic pay differential of ten
IAFF, LOCAL 1230 78 2000 -2002 MOU
SECTION 29 - PARAMEDIC STAFFING
percent (10%) of base pay.
A qualified Paramedic must possess a valid EMT-Paramedic
License issued by the State of California and a local
accreditation issued by Contra Costa County.
SECTION 29 - PARAMEDIC STAFFING
The District will offer Paramedic training to interested station
personnel with priority by ambulance provider zone to which
the employee is regularly assigned and by rank (1 )
Firefighter, (2) Engineer, (3) Fire Captain.
Interested employees must agree to provide a minimum
three (3) year term of service as a Paramedic in order to be
accepted into the training program.
Where a station has no employees interested in Paramedic
training, reassignments shall be made to place an interested
employee in that station beginning with Rover Firefighters,
Firefighters, Engineers and Fire Captains.
No earlier than January 1 , 1998, the District and the Union
shall meet and confer regarding a Relief Paramedic Pay
Differential.
SECTION 30- EMPLOYEE REPRESENTATION RIGHTS
The District recognizes an employee's right to representation
during any disciplinary interview or meeting which may result
in discipline. The District will not interfere with the
IAFF, LOCAL 1230 79 2000 - 2002 MOU
SECTION 31- SERVICE AWARDS
representative's right to assist an employee to clarify the
facts during the interview.
SECTION 31 - SERVICE AWARDS
The District shall continue its present policy with respect to
service awards including time off; provided, however, that
the type of award given shall be at the sole discretion of the
County.
SECTION 32- DEFINITION (For Service Awards and
Vacation Accruals)
The length of service credits of each employee 'of the
County/District shall date from the beginning of the last
period of continuous County/District employment (including
temporary, provisional, and permanent status, and absences
on approved leave of absence). When an employee
separates from a permanent position in good standing and
within two (2) years is reemployed in a permanent
County/District position or is reemployed in a permanent
County/District position from a layoff list within the period of
layoff eligibility, service credits shall include all credits
accumulated at time of separation, but shall not include the
period of separation. The Director of Human Resources shall
determine these matters based on the employee status
records in his department.
IAFF, LOCAL 1230 80 2000:- 2002 MOU
SECTION 33 - ACTUARIAL STUDY
SECTION 33 — ACTUARIAL STUDY
Provided Legislation is enacted that will make a Retirement
benefit known as "3% at 50" available, the District will
request the Contra Costa County Employees Retirement
Association to conduct an actuarial study to determine the
cost associated with such a benefit. The results of which will
be shared with IAFF, Local 1230 by January 1 , 2002.
SECTION 34 - UNFAIR LABOR PRACTICE
Either the District/County or the Union may file an unfair
labor practice as defined in Board of Supervisors Resolution
81/1165 against the other. Allegations of an unfair labor
practice, if not resolved in discussions between the parties
within thirty (30) work days from the date of receipt or said
time as mutually agreed between the parties, may be heard
and decided by a mutually agreed upon impartial third party.
SECTION 35 - ADOPTION
The provisions of this Memorandum of Understanding shall
be made applicable on the dates indicated and upon
approval by the Board of Supervisors. Resolutions and
Ordinances, where necessary, shall be prepared and
adopted in order to implement these provisions. It is
understood that where it is determined that an Ordinance is
required to implement any of the foregoing provisions, said
provisions shall become effective upon the first day of the
month following thirty (30) days after such Ordinance is
adopted.
IAFF, LOCAL 1230 81 2000 - 2002 MOU
SECTION 36 - SCOPE OF AGREEMENT & SEPARABILITY OF
PROVISIONS _
SECTION 36 - SCOPE OF AGREEMENT &
SEPARABILITY OF PROVISIONS
36. 1 Scope of Agreement. Except as otherwise
specifically provided herein, this Memorandum of
Understanding represents the full and complete incorporation
of those proposals which were considered and evaluated
pursuant to the meet and confer process. This Memorandum
of Understanding constitutes the entire and sole agreement
between the Parties on any and all matters which were
presented during the meet and confer process. If a proposal
was made by either Party and not incorporated within this
Agreement, then it was considered and rejected.
36.2 Separability of Provisions. Should any section,
clause or provision of this Memorandum of Understanding be
declared illegal, unlawful or unenforceable, by final judgment
of a court of competent jurisdiction, such invalidation of such
section, clause or provision shall not invalidate the remaining
portions hereof, and such remain ing'.portions shall remain in
full force and effect for the duration of this Memorandum of
Understanding.
36.3 Personnel Management Regulations. Where a
specific provision contained in a section of this Memorandum
of Understanding conflicts with a specific provision contained
in a section of the Personnel Management Regulations, the
provision of this Memorandum of Understanding shall
prevail. Those provisions of the Personnel Management
Regulations within the scope of representation which are not
in conflict with the provisions of this Memorandum of
Understanding and those provisions of the Personnel
Management Regulations which are not within the scope of
IAFF, LOCAL 1230 82 2000 - 2002 MOU
SECTION 37 - PAST PRACTICES & EXISTING MEMORANDA OF
UNDERSTANDING
representation shall be considered in full force and effect.
36.4 Duration of Agreement. This Agreement shall
continue in full force and effect from March 16, 2000 to and
including March 31 , 2002. Said Agreement shall
automatically renew from year to year thereafter unless
either party gives written notice to the other prior to sixty (60)
days from the aforesaid termination date of its intention to
amend, modify or terminate the Agreement.
SECTION 37 - PAST PRACTICES & EXISTING
MEMORANDA OF UNDERSTANDING
Continuance of working conditions and past practices within
the scope of representation not specifically authorized by
ordinance or by resolution of the Board of Supervisors is not
guaranteed by this Memorandum of Understanding. The
parties recognize, however, that certain practices exist by
virtue =of having been acknowledged and accepted by the
Fire Chief and representatives of the Union on specific
policies covering groups of employees. Any disagreement
as to whether such alleged practice within the scope of
representation meets the criteria set forth above shall be
subject to the grievance procedure.
IAFF, LOCAL 1230 83 2000 - 2002 MOU
SECTION 37 - PAST PRACTICES & EXISTING MEMORANDA OF
UNDERSTANDING
DATE: � ano l
UNITED PROFESSIONAL
FIRE FIGHTERS, CONTRA COSTA. FIRE
IAFF, LOCAL 1230 PROTECTION DISTRICT
PRESIDENT
VICE PRESIDENT
VICE PR SIDENT
VICE PRESIDENT
IAFF, LOCAL 1230 84 2000 - 2002 MOU
ATTACHMENTS
A. PARAMEDIC TRAINING
B. MOU SECTIONS NOT SUBJECT TO
GRIEVANCE PROCEDURE
C. STATION 84 ENGINE/TRUCK ASSIGNMENTS
D. CLASS & SALARY LISTING
ATTACHMENT A
Contra Costa County Fire Protection District
Fire Chief
ALLEN LITTLE
June 18, 1997
Lou Paulson, President
I.A.F.F. Local 1230
112 Blue Ridge Drive
Martinez, CA 94553
RE: Side Letter of Agreement - Paramedic Training
The Contra Costa County Fire Protection District / Orinda Fire District / Moraga Fire
Protection District will provide training and education opportunities for current fire
personnel to become Paramedics in the classes of Firefighter, Senior Firefighter and
Fire Captain and those employees will then provide paramedic services to the District.
A. District Obligations
1) Conduct a screening evaluation, with Los Medanos College, of
employees interested in paramedic training.
2) Select.employees to obtain paramedic licensure and accreditation from
pool of employees who express interest, in accordance with M.O.U..
3) Provide education expense reimbursement for tuition and books and
supplies.
a) Pay fees as required to obtain initial paramedic license and local
accreditation
4) Provide paid release time from regularly assigned duties for an employee
to attend classroom, didactic or skilled clinical training on a pre-
established schedule.
5) Provide continuing education within the District or reimbursement for
expenses for tuition, books and supplies to maintain paramedic license
and accreditation.
a) Pay fees for employee to maintain re-licensure.
I of 2
❑ 2010 GEARY ROAD • PLEASANT HILL. CALIFORNIA 94523-4694 - TELEPHONE (510) 930-5500 • FAX 930-5592
❑ 4527 DEERFIELC DRIVE - ANTIOCH. CALIFORNIA 94509 • TELEPHONE (5 10) 757-1303 • FAX 754-6652
❑ WEST COUNTY AREA . TELEPHONE (5101 374-7070
6) Pay paramedic pay differential to the employee upon the employee's
completion of licensure and accreditation in accordance with the M.O.U.
a) Pay paramedic pay differential for all paramedic training on duty -
limited to actual training hours.
B. Employee Obligations
1) Pursue education diligently to successfully achieve full Paramedic
licensure and accreditation as quickly and economically as reasonably
possible.
2) Perform paramedic duties as part of his/her regular work schedule and/or
OT recalls as required for a minimum period of three years.
3) Perform paramedic duties at the station to which he/she is assigned as
required. This is expected to be the employee's regularly assigned station
unless he/she is reassigned in accordance with the Station Assignment
Policy or other agreement with the Local.
4) Maintain State paramedic license and County accreditation and perform in
accordance with the protocols, policies and procedures of the County
EMS agency.
5) Obtain continuing education as necessary if not provided by the District.
C. Union Oblgations
1) Agree that the training, in its current form, is scheduled in a manner which
is not compensable under terms of the FLSA. The District is not obligated
for overtime compensation under the FLSA or any other law,or regulation
for employees attending paramedic training, in its current form, on off-duty
time.
D. Term
This agreement shall be effective the first day of the month in which it is
approved by the Board of Supervisors to and including December 31, 1998.
(// G//1/17
Fire Mstrict Date Union ate
' (D Iii Iq--7
Counfy Date
U:%W13Tf -AGREE.701lbw
2 of 2
ATTACHMENT B
'•
Contra
Human Resources
: sem- Department
Costa __`-_ i_�-
CI ' -Y`~`" Administration Bldg.
ounty i 651 Pine Street,Third Floor
'r' """Mr Martinez,Cal"rfomia 94553-1292
(510)335-1764
May 22, 1997 Leslie T.Knight
Director of Human Resources
Mr. Lou Paulson, President
IAFF Local 1230
112 Blue Ridge Drive
Martinez, CA 94553
Dear Mr. Paulson:
This letter is to confirm in writing those sections of the Memorandum of
Understanding between Contra Costa County and United Professional
Firefighters' Association, IAFF Local 1230, wherein decisions of the County are
final, and therefore, not subject to the grievance procedure. Those sections are
as follows:
1) Section 2.9 "B" - Union Security (Assignment of Classes to
Bargaining Units / Final Determination)
2) Section 13.2 "F" - Leave of Absence (General Administration -
Leaves of Absence)
3) Section 16.6 - Probationary Period (Regular Appointment /second
paragraph)
4) Section 17.2 - Promotion (Promotion Policy)
5) Section 28 - Minimum Staffing
6) Section 32 - Service Awards
If the foregoing is in accordance with your understanding, please indicate your
acceptance and approval in the space provided below.
Date: -7
CONTRA COSTATUNTY IAFF, LOCAL 230
-`-�
"A
Kathy Ito I Lou Paulson
Labor Relations Manager President
ATTACHMENT C
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT
MEMORANDUM
TO: Rich Heyne, Employee Relations Manager
Tony Campbell, Battalion Chief
Bob Campos, Battalion Chief
Don Hooper, Battalion Chief
Les Rodgers, Battalion Chief
Dewey Savell, Battalion Chief
Bill Stice, Battalion Chief
Rich Vier 'on Chief
Clark Watalion Chief
FROM: Web Beamonnel Officer
SUBJECT: "Truck" Side Letter
DATE: April 17, 1996
The attached side letter is provided for your future reference. It impacts on the
Administration of Personnel Bulletin No. 81.
WB:sd
Attachments
cc: B/C Office Personnel Bulletin folder for retention with No. 81
U VOB064HEYNEDOC
) 04/09/1996 08:27 5109321521
OCC FIREFIGHTERS PAGE 02 4
Contra Costa County Fire Protecdon District
20110 GEARY ROAo PLEASANT HILL. CA 94523-4694
TELEPHONE(510)9304M FAX(510)9304=
Fire Chid TELEPHONE(510)757.1303 FAX(510)7644M
ALLEN trTTLE TELEPHONE(510)374-7070
March 22, 199E
Ron Walker, Vice President
Mike Impastato, Vice President
U.P.F.F., Local 1230
112 Blue Ridge Drive
Martinez, CA 94553
RE: Station 84 Enginw7ruck Assignments
Dear Ron &Mike:
This will confirm our understanding regarding the subject assignments.
Under the 'Bid" Procedure, members are entitled to seek and obtain assignments to Station 84.
.Once at that station, members may be assigned to either the truck or the engine, at the
discretion of the District. Members assignments will rotated to develop expertise and continuity
within each piece of apparatus and company while still cross-training members to facilitate
staffing flexibility and absence coverage.
The rotation of assignments is for training purposes and does not imply a desire by the District to
eliminate the Truck Company Captain at Station 84.
Sincerely,
Web Beadle
Personnel Officer
Mame: Date: '
Name: Date:
(��. .--- Date: [2q {o
WB:pj
cc. R. J. Miraglia, Assistant Chief
Battalion 8 Battalion Chief Office A 8 C
Richard K. Heyne, Employee Relations Officer
l
ATTACHMENT D
IAFF LOCAL 1230 — SALARY LISTING
Effective July 1, 2000
FIRE SUPPRESSION & PREVENTION UNIT (4N)
JOB
CODE CLASS TITLE SALARY
RPTA FIRE CAPTAIN - 56 HOUR 5335 - 6485
REWA FIRE DISTRICT DISPATCHER 4094 - 4976
RPVD FIRE ENGINEER - 40 HOUR * 4732 - 5752
RPVC FIRE ENGINEER - 56 HOUR 4732 - 5752
RJWF FIRE ENGINEERING PLANS EX 3556 - 4322
RJWA FIRE INSPECTOR 5224 - 6350
RJWG FIRE INVESTIGATOR * 5224 - 6350
RPTD FIRE PREVENTION CAPTAIN * 5335 - 6485
RJWC FIRE PREVENTION TECHNICIAN 3591 - 4365
RPTE FIRE TRAINING CAPTAIN * 5335 - 6485
RPWA FIREFIGHTER 4295 - 5220
RETA SR FIRE DISTRICT DISPATCHER 4506 - 5477
RPWB FIREFIGHTER - PARAMEDIC 4723 - 5740
RPWD FIREFIGHTER - RECRUIT 2790
* Class established after July 1 , 2000
SUBJECT INDEX
Acting in a Higher Class.................................................. 27
ActuarialStudy................................................................ 81
Adjustment Board. .......................................................... 70
Adoption.......................................................................... 81
Anniversary Dates. ......................................................... 19
Arbitration ....................................................................... 71
Assignment of Classes ................................................... 11
CallBack......................................................................... 29
CalPERS Health Plan ..................................................... 52
Certification Requirements.............................................. 77
Coerced Resignations. ................................................... 62
Compensation Complaints.............................................. 73
Constructive Resignation. ............................................... 61
Contra Costa Health Plan (CCHP). ................................. 48
Definitions ................................... ..................................... 2
Demotion ......................................................................... 63
Dental Contribution ......................................................... 49
DentalProgram_............... ............................................. 49
Disability Sick Leave ....................................................... 33
Discrimination ................................................................. 14
Dismissal ........................................................................ 63
District Buildings ............................................................. 10
DuesDeduction. ............................................................... 6
Duration .......................................................................... 83
Effective Resignation ...................................................... 62
Entrance Salary. ............................................................. 19
Family Care Leave or Medical Leave. ............................ 39
.Fire Investigation Off-Duty Standby Differential. ............. 26
Firefighter Recruit ........................................................... 54
Grievance Procedure ...................................................... 68
Health Care Spending Account....................................... 53
HealthPlan ..................................................................... 47
Health Plan Contribution ................................................. 48
Holidays ........................................... ............................. 30
Immediate Family ........................................................... 35
Leave of Absence ........................................................... 37
LeaveWithout Pay. ......................................................... 37
Letter of Reprimand. ....................................................... 75
Life Insurance ................................................................. 50
Maintenance of Membership............................................. 8
Medical Appointments ....................................................... 35
Meet and Confer ...............................:............................. 12
MeritBoard. ................................................................... 74
Mileage ............................ ............................................ 76
Military Leave..........:....................................................... 39
Official Representatives .................................................. 15
Overtime ......................................................................... 28
Paramedic Pay Differentials................ ...
............... .......... 78
Paramedic Staffing .......... ............................................ 79
Part-Time Compensation ................................................ 22
Pay Warrant Errors. .......... . ............................................ 28
PayWarrants .................................................................. 28
IAFF, LOCAL 1230 2000 - 2002 MOU
Payment.......................................................................... 27
PERS Long Term Care ................................................... 53
Pregnancy Disability Leave............................................. 43
PremiumPayments ........................................................ 50
Probationary Period ........................................................ 54
Promotion ....................................................................... 59
Reclassification. ..................................................:........... 22
Reduction in Salary. ........................................................ 63
Reinstatement From Family Care/Medical Leave. .......... 45
Resignations ................................................................... 61
Retirement Contributions ................................................ 75
Safety ............................................................................. 76
Salaries........................................................................... 17
Salary on Involuntary Demotion ...................................... 25
Salary on Promotion ....................................................... 24
Salary on Voluntary Demotion ........................................ 26
Seniority Credits ............................................................. 60
Service Awards ............................................................... 80
SickLeave ...................................................................... 33
Skelly Requirements ........................................................ 65
Staffing............................. ............................................. 78
Strike ......................:....................................................... 73
Suspension ..................................................................... 63
TransferPolicy................................................................ 61
Unauthorized Absence ................................................... 46
Unfair Labor Practice ...................................................... 81
Uniform Allowance .......................................................... 77
UnionDues Form.............................................................. 7
UnionRecognition. ........................................................... 6
GAFF, LOCAL 1230 2000 - 2002 MOU
i
Union Representatives. .................................................. 1+ •,.,...
Vacation .......................................................................... 31
Wage Increases .............................................................. 17
Withdrawal of Membership ............................................... 8
Workers' Compensation.................................................. 36
IAFF, LOCAL 1230 2000 - 2002 MOU