HomeMy WebLinkAboutMINUTES - 02062007 - C.50 A
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TO: BOARD OF SUPERVISORS
�E ' CONTRA
FROM: Lori Gentles, Assistant County Administrator-
Director of Human Resources 011COSTA
DATE: January 24, 2007 COUNTY
SUBJECT: Memorandum of Understanding with the East Contra
Costa Fire Protection District for January 1, 2006 through
July 31, 2007
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8t BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
ADOPT the attached Resolution No. 2007/ (n 3 , approving the Memorandum of Understanding
between East Contra Costa Fire Protection District (ECCFPD) implementing negotiated wage
agreements and other economic terms and conditions of employment beginning January 1, 2006
through July 31, 2007.
CONTINUED ON ATTACHMENT: z/YES SIGNATURE:
✓RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_APPROVE OTHER
c
SIGNATURES
ACTION OF B )ON 61 I av�' / APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT
UNANIMOUS(ABSENT COPY OF AN ACTION TAKEN AND ENTERED ON THE
AYES: NOES—. MINUTES OF THE BOARD OF SUPERVISORS ON THE DATE
ABSENT: ABSTAIN: SHOWN.
Orig. Dept: Human Resources Department ATTESTED
cc: County Administrator JOHN B.CULLEN,CLERK q THE B ARD OF
County Counsel SUPERVISORS AND COUVrY ADMINISTRATOR
Auditor-Controller �!l1
DAIA BY 0
DEPUTY
M382(10/88)
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on February 6, 2007 , by the
following vote:
AYES-.TI ► �� 1 V
NOES: I^ .
ABSENT:
ABSTAIN:
SUBJECT: Adopt the Memorandum of ) RESOLUTION NO. 2007/(0
Understanding with East Contra Costa )
Fire Protection District (ECCFPD) )
BE IT RESOLVED that the Board of Supervisors of Contra Costa County ADOPT the
Memorandum of Understanding (MOU) (copy attached and included as part of this document)
between East Contra Costa Fire Protection District (ECCFPD), jointly signed by Lori Gentles,
Assistant County Administrator, Director of Human Resources, and Ronnie Walker, President,
Local 1230, implementing negotiated wage agreements and other economic terms and
conditions of employment beginning January 1, 2006 through July 31, 2007 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.
Orig.Dept: Human Resources Department1QA/v V l
cc: County Administrator ATTESTED ,gyp
County Counsel JOHN B:CULLEN,CLERK PYTHE BOARD OF
Auditor-Controller SUPERVISORS AND COUNTY ADMINISTRATOR
DAIA /� t
BY �`� ,DEPUTY
RESOLUTION NO. 2007/(,3
MEMORANDUM OF UNDERSTANDING
BETWEEN
EAST CONTRA COSTA FIRE PROTECTION DISTRICT
AND
IAFF, LOCAL 1230
This Memorandum of Understanding (hereinafter MOU) is entered into pursuant
to the authority contained in Board of Supervisors Resolution 81/1165 and has
been jointly prepared by the parties.
The Employee Relations Officer (County Administrator) is the representative of
the Contra Costa County Board of Supervisors in its capacity as ex-officio
Governing Board of the East Contra Costa 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 East Contra
Costa Firefighters Unit and have freely exchanged information, opinions and
proposals and have endeavored to reach agreement on matters relating to the
employment conditions and employer-employee relations covering such
employees.
All Administrative Bulletins that are met and conferred on and mutually agreed to
are incorporated by reference to this MOU and are made a part hereof as if fully
set forth within.
When a specific provision contained in a section of this MOU conflicts with a
specific directive of the Fire District, the provision of this MOU shall prevail.
This MOU shall be presented to the Contra Costa County Board of Supervisors in
its capacity as ex-officio Governing Board of the East Contra Costa Fire
Protection District as the joint recommendation of the undersigned for salary and
employee benefit adjustments for the period beginning January 1, 2006 and .
ending July 31, 2007.
In the event provisions of this MOU contradict any resolution, administrative
bulletin or personnel rules of the County or District, the terms of this MOU shall
prevail.
DEFINITIONS
Appointing Authority: Fire Chief unless otherwise provided by statute or
ordinance or other action by the Board of Supervisors.
Class: A group of positions sufficiently similar with respect to the duties and
responsibilities that similar selection procedures and qualifications may apply and
that the same descriptive title may be used to designate each position allocated
to the group.
Class Title: The designation given to a class, to each position allocated to the
class, and to the employees allocated to the class.
Coun : Contra Costa County.
District: East Contra Costa Fire Protection District.
Demotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is lower than the top step of the
class which the employee formerly occupied.
Director of Human Resources: The person designated by the County
Administrator to serve as the Assistant County Administrator-Director of Human
Resources.
Eligible: Any person whose name is on an employment list for a given class.
Employee: A person who is an incumbent of a position or who is on leave of
absence in accordance with provisions of this MOU and whose position is held
pending the employee's return.
Employment List: A list of persons who have been found qualified for
employment in a specific class.
Layoff List: A list of persons who have occupied positions allocated to a class in
the District and who has been involuntarily separated by layoff or displacement or
who have voluntarily demoted in lieu of layoff.
Permanent Position: Any position which has required, or which will require, the
services of an incumbent without interruption for an indefinite period.
Promotion: The change of a permanent employee to another position in a class
allocated to a salary range for which the top step is higher than the top step of the
class which the employee formerly occupied.
Position: The assigned duties and responsibilities calling for the regular full-time
employment of a person.
Resignation: The voluntary termination of permanent employment with the
District.
IAFF, LOCAL 1230 2 2006-2007 MOU
Union. International Association of Fire Fighters, Local 1230, AFL-CIO
(hereinafter The Union).
SECTION 1 - UNION RECOGNITION
The Union is the formally recognized employee organization for the East Contra
Costa Firefighters Unit.
SECTION 2 - UNION SECURITY
2.1 Dues Deduction. Pursuant to Board of Supervisor's Resolution
81/1165 Chapter 34-26, only a majority representative may have dues deduction
and as such the Union has the exclusive privilege of dues deduction for all
employees in its units.
Dues deduction shall be based on the voluntary written authorization of the
employee which shall remain in effect so long as the employee remains in a unit
represented by the Union unless such authorization is canceled in writing by the
employee in accordance with the provisions set forth in Section 2.4. The dues
deduction shall be for a specified amount and uniform between members of the
Union. The Union shall indemnify, defend and hold the District harmless against
any claims made and against any suit instituted against the District on account of
dues deduction. The Union shall refund to the District any amounts paid to it in
error upon the presentation of supporting evidence.
2.2 Agency Shop
A. The Union agrees that it has a duty to provide fair and non-
discriminatory representation to all employees in all classes in the
units for which this section is applicable regardless of whether or not
they are members of the Union.
B. All employees employed in a representation unit on or after the
effective date of this MOU and continuing until the termination of the
MOU, shall as a condition of employment either:
1 . Become and remain a member of the Union or;
2. Pay to the Union, an agency shop fee in an amount
which does not exceed an amount which may be
lawfully collected under applicable constitutional,
statutory, and case law, which under no circumstances
IAFF, LOCAL 1230 3 2006-2007 MOU
shall exceed the monthly dues, initiation ,fees and
general assessments made during the duration of this
MOU. It shall be the sole responsibility of the Union to
determine an agency shop fee which meets the above
criteria; or
3. Do both of the following:
a. Execute a written declaration that the
employee is a member of a bona fide
religion, body or sect which has
historically held a conscientious
objection to joining or financially
supporting any public employee
organization as a condition of
employment; and
b. Pay a sum equal to the agency shop
fee described in Section 2.2.8.2 to a
non-religious, non-labor, charitable
fund chosen by the employee from
the following charities: Family and
Children's Trust Fund, Child Abuse
Prevention Council or Battered
Women's Alternative.
C. The Union shall provide the County with a copy of the Union's
Hudson Procedure for the determination and protest of its agency
shop fees. The Union shall provide a copy of said Hudson Procedure
to every fee payer covered by this MOU within one month from the
date it is approved and annually thereafter, and as a condition to any
change in the agency shop fee. Failure by an employee to invoke
the Union's Hudson Procedure within one month after actual notice
of the Hudson Procedure shall be a waiver by the employee of their
right to contest the amount of the agency shop fee.
D. The provisions of Section 2.2.8.2 shall not apply during
periods that an employee is separated from the representation unit
but shall be reinstated upon the return of the employee to the
representation unit. The term separation includes transfer out of the
unit, layoff, and leave of absence with a duration of more than thirty
(30) days.
E. Annually, the Union shall provide the Human Resources
Director with copies. of the financial report which the Union files
annually with the California Public Employee Relations Board. Such
report shall be available to employees in the unit. Failure to file such
IAFF, LOCAL 1230 4 2006-2007 MOU
a report within sixty (60) days after the end of its fiscal year shall
result in the termination of all agency shop fee deductions without
jeopardy to any employee, until said report is filed, and upon mutual
agreement, this time limit may be extended to one hundred twenty
(120) days.
F. Compliance.
1. An employee employed in or hired into a job class
represented by the Union shall be provided with
an Employee Authorization for Payroll Deduction
card by the District.
2. If the form authorizing payroll deduction is not
returned within thirty (30) calendar days after
notice of this agency shop fee provision and the
union dues, agency shop fee, initiation fee or
charitable contribution . required under Section
2.2.13.3 are not received, the Union may, in
writing, direct that the County withhold the agency
shop fee and the initiation fee from the
employee's salary, in which case the employee's
monthly salary shall be reduced by an amount
equal to the agency shop fee and the County shall
pay an equal amount to the Union.
G. The Union and the International Association of Fire Fighters shall
indemnify, defend, and save the County and/or the District harmless
against any and all claims, demands, suits, orders, or judgments, or
other forms of liability that arise out of or by reason of this union
security section, or action taken or not taken by the County under
this Section. This includes, but is not limited to, the County's and/or
the District's Attorneys' fees and costs. The provisions of this
subsection shall not be subject to the grievance procedure following
the adoption of this MOU by the County Board of Supervisors.
H. The County Human Resources Department shall monthly furnish
a list of all new hires to the Union.
I. In the event that employees in a bargaining unit represented by the
Union vote to rescind Agency Shop, the provisions of Section 2.4
and 2.5 shall apply to dues-paying members of the Union.
2.3 Union Dues Form. Employees hired in classifications assigned to
the unit represented by the Union shall, as a condition of employment at the time
of employment, complete a union dues authorization card, provided by the Union,
IAFF, LOCAL 1230 5 2006-2007 MOU
and shall have deducted from their paychecks the membership dues of the
Union. Said employees shall have thirty (30) days from the date of hire to decide
if they do not want to become a member of the Union.
Such decision not to become a member of the Union must be made in writing to
the Auditor-Controller with a copy to the Labor Relations Service Unit within said
thirty (30) day period. If the employee decides not to become a member of the
Union, any union dues previously deducted from the employee's paycheck shall
be returned to the employee and said amount shall be deducted from the next
dues deduction check sent to the Union. If the employee does not notify the
County in writing of the decision not to become a member within the thirty (30)
day period, the employee shall be deemed to have voluntarily agreed to pay the
dues of the Union. Each such dues authorization form referenced above shall
include a statement that the Union and the District have entered into a MOU, that
the employee is required to authorize payroll deductions of union dues as a
condition of employment, and that such authorization may be revoked within the
first thirty (30) days of employment upon proper written notice by the employee
within said thirty (30) day period as set forth above. Each such employee shall,
upon written completion of the authorization form, receive a copy of said
authorization form which shall be deemed proper notice of the employee's right to
revoke said authorization.
2.4 Maintenance of Membership. All employees in units represented
by the Union who are currently paying dues to the Union and all employees in
such units who hereafter become members of the Union shall, as a condition of
continued employment, pay dues to the Union for the duration of this MOU and
each year thereafter so long as the Union continues to represent the position to
which the employee is assigned, unless the employee hais exercised the option to
cease paying dues in accordance with Section 2.4.
2.5 Withdrawal of Membership. By notifying the Auditor-Controller's
Department in writing, between June 1 to June 30 of any year, any employee may
withdraw from Union membership and discontinue paying dues as of the payroll
period commencing June 1st, and reflected in the 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.
2.6 Communicating with Employees. The Union shall be allowed to
use designated portions of bulletin boards or display areas in District buildings or
in offices in which there are employees represented by the Union, provided the
communications displayed have to do with official organization business such 'as
times and places of meetings and further provided that the Union appropriately
posts and removes the information. The Fire Chief reserves the right to remove
objectionable materials.
IAFF, LOCAL 1230 6 2006-2007 MOU
Representatives of the Union, not on District time, shall be permitted to place a
supply of employee literature at specific locations in District buildings if arranged
through the Labor Relations Manager; said representatives may distribute
employee organization literature in areas designated by the Fire Chief if the
nature of the literature and the proposed method of distribution are compatible
with the work environment and work in progress.
Such placement and/or distribution shall not be performed by on-duty employees.
The Union shall be allowed access to work locations in which it represents
employees for the following purposes.:
a. to post literature on bulletin boards;
b. to arrange for use of a meeting room;
C. to leave and/or distribute a supply of literature as indicated above;
d. to represent an employee on a grievance, and/or to contact a union
officer on a matter within the scope of representation.
In the application of this provision, it is agreed and understood that in each such
instance advance arrangements, including disclosure of which of the above
purposes is the reason for the visit, will be made with the Fire Chief or designee
and the visit will not interfere with the District's services.
2.7 Use of District Buildings. The Union shall be allowed the use of
areas normally used for meeting purposes for meetings of District employees
during non-work hours when:
a. such space is available and its use by the Union is scheduled
twenty-four (24) hours in advance;
b. there is no additional cost to the District;
C. it does not interfere with normal District operations;
d. employees in attendance are not on duty and are not scheduled for
duty;
e. the meetings are on matters within the scope of representation..
The administrative official responsible for the space shall establish and maintain
scheduling of such uses. The Union shall maintain proper order at the meeting
and see that the space is left in a clean and orderly condition. The use of District
equipment (other than items normally used in the conduct of business meetings
such as desks, chairs, and blackboards) is prohibited, even though it may be
IAFF, LOCAL 1230 7 2006-2007 MOU
present in the meeting area.
2.8 Advance Notice. The Union shall, except in cases of emergency,
have the right to reasonable notice of any ordinance, rule, resolution or regulation
directly relating to matters within the scope of representation proposed to be
adopted by the Board, or boards and commissions designated by the Board, and
to meet with the body considering the 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.
2.9 List of Employees with Dues Deduction. The District shall provide
the Union with a monthly list of employees who are paying dues to the Union and
a monthly list of employees who are paying health and welfare deductions to the
Union.
2.10 Assignment of Classes to Bargaining Units. The Labor Relations
Manager shall assign new classes in accordance with the following procedure:
a. Initial Determination: When a new class title is established, the
Labor Relations Manager shall review the composition of existing
representation units to determine the appropriateness of including
-some or all of the employees in the new class in one or more existing
representation units, and within a reasonable period of time shall
notify all recognized employee organizations of the determination.
b. Final Determination: The Labor Relations Manager's determination
is final unless within ten (10) days after notification a recognized
employee organization requests in writing to meet and confer
thereon.
C. Meet and Confer and other Steps: The Labor Relations Manager
shall meet and confer with such requesting organizations (and with
other recognized employee organizations where appropriate).to seek
agreement on this matter within sixty (60) days after the ten-day
period in subsection (b), unless otherwise mutually agreed.
Thereafter, the procedures in cases of agreement and disagreement,
arbitration referral and expenses, and criteria for determination shall
conform to those in subsections (d) through (i) of Section 34-12.008
of Resolution 81/1165.
IAFF, LOCAL 1230 8 2006-2007 MOU
2.11 Written Statement for New Employees. The District will provide a
written statement to each new employee hired into a classification in any of the
bargaining units represented by the Union, that the employee's classification is
represented by the Union and the name of a representative of the Union. The
County will provide the employee with a packet of information which has been
supplied by the Union and approved by the County.
2.12 Modification & Decertification. For the duration of this MOU, the
following shall apply:
Resolution 81/1165 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 MOU in effect. The
last sentence of this section shall be modified so that modification of a
representation unit shall not negate the term of an existing MOU between the
District and the recognized employee organization of the unit prior to the
modification proceedings.
Resolution 81/1165 Section 34-12.018 Decertification Procedure shall be
modified in the first sentence by adding words to the effect of "most recent" to the
date of formal recognition and by requiring the petition be submitted during a
period of not more than one hundred and fifty (150) days nor less than one
hundred and twenty (120) days prior to the expiration of the MOU in effect.
SECTION 3 -NQ DISCRIMINATION
There shall be no discrimination because of race, creed, color, national origin,
sex, sexual orientation or Union activities against any employee or applicant for
employment by the District or by anyone employed by the District; and to, the
extent prohibited by applicable State and Federal law, there shall be no
discrimination because of age. There shall be no discrimination against any
IAFF, LOCAL 1230 9 2006-2007 MOU
disabled person solely because of such disability unless that disability prevents
the person from meeting the minimum standards established for a position or
from carrying out the duties of the position safely.
SECTION 4 - OFFICIAL REPRESENTATIVES
4.1 Attendance at Meetings. Employees designated as official
representatives of the Union shall be allowed to attend meetings held by
County/District agencies during regular working hours on District time as follows:
a. if their attendance is required by the District or County at a specific
meeting;
b. if their attendance is sought by a hearing body for presentation of
testimony or other reasons;
C. if their attendance is required for meetings scheduled at reasonable
times agreeable to all parties, required for settlement of grievances
filed pursuant to Section 15, Grievance Procedure, of this MOU;
d. if they are designated as an official representative, in which case
they may utilize a reasonable time at each level of the proceedings
to assist an employee to present a grievance;
e. if they are designated as spokesperson or representative of the
Union and as such make representations or presentations at
meetings or hearings on wages, salaries and working conditions;
provided in each case advance arrangements•for time away from the
employee's work station or assignment are made with the.Fire Chief;
f. if their attendance does not conflict with Fire District emergency
operations.
The District will not pay for Association or Union meetings or functions.
4.2 Union Representative. Official representatives of the Union shall be
allowed a reasonable amount of time off without loss of compensation or other
benefits for meetings during regular working hours when formally meeting and
conferring in good faith or consulting with the Labor Relations Manager or other
management representatives on matters within the scope of representation, and
that advance arrangements for the time away from the work station or
assignment are made with the Fire Chief and their attendance does not conflict
with Fire District emergency operations.
IAFF, LOCAL 1230 10 2006-2007 MOU
SECTION 5 - SALARIES
5.1 Salary Rates. Effective on the date(s) indicated, base monthly
salary for classifications in the East Contra Costa Firefighters Unit of Local 1230
shall be:
Class 01/01/04
Fire Captain $4336
Engineer $4177
Firefighter-Paramedic $4115
Firefighter $3848
Effective January 1 , 2006, the salary increase for the following classifications
shall be:
Firefighter 8.0%
Engineer 9.5%
Fire Captain 11 .5%
In accordance with requirements of the County payroll system, timekeeping for
permanent employees' time worked and time off will be accounted for in minimum
one-tenth (1/10) hour (6 minute) increments.
5.2 Payment. On the tenth (10th) day of each month, the Auditor will
draw a warrant upon the Treasurer in favor of each employee for the amount of
salary due to the employee for the preceding month; provided, however, that
each employee may choose to receive an advance on the employee's monthly
salary, in which case the Auditor shall, on the twenty-fifth (25th) day of each
month, draw a warrant upon the Treasury in favor of such employee.
The advance shall be in an amount equal to one-third (1/3) or less at the option of
the employee, of the employee's basic salary of the previous month except that it
shall not exceed the amount of the previous month's basic salary less all
requested or required deductions.
5.3 Pay Warrants. Employee pay warrants shall be delivered to a work
place designated by the District by 12:00 p.m. on the tenth (10th) day and twenty-
fifth (25th) day of each month. Should the tenth (10th) day or twenty-fifth (25th) day
of the month fall on Saturday, Sunday, or a holiday, pay warrants will be delivered
by 12:00 p.m. on the preceding County workday.
5.4 Pay Warrant Errors. If an employee receives a pay warrant which
has an error in the amount of compensation to be received, and if this error
occurred as a result of a mistake by the Auditor-Controller's Department, it is the
policy of the Auditor-Controller's Department that the error will be corrected and a
new warrant issued within forty-eight (48) hours, (exclusive of Saturdays,
IAFF, LOCAL 1230 11 2006-2007 MOU
Sundays and holidays) from the time the Department: is made aware of and
verifies that the pay warrant is in error.
SECTION 6 - OVERTIME
Overtime is authorized time worked outside the regular work schedule. Overtime
shall be compensated for at the rate of one and orae-half (1-1/2) times the
employee's hourly rate of pay. Overtime for permanent employees is earned and
credited in minimum one-tenth (1/10) hour increments.
6.1 Overtime Recall List. Provisions of the Fire District Administrative
Bulletin shall apply.
6.2 Call Back. Employees called back for work; performed outside their
regular work schedule shall be compensated at the appropriate straight time or
overtime rate of pay for time actually worked with a minimum of two (2) hours
pay. This 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 7 - SICK LEAVE
7.1 Sick Leave Credits - Sick leave credits shall accrue at the rate of
twelve (12) working hours credit for each completed month of service.
Employees who work a portion of a month are entitled to a pro rata share of the
monthly sick leave credit completed on the basis as is partial month
compensation.
Credits to and charges against sick leave are made in minimum amounts of one-
tenth (1/10) hour increments. Unused sick leave credits accumulate from year to
year.
The primary purpose of paid sick leave is to ensure employees against loss of
pay for temporary absences from work due to illness. or injury. It is a benefit
extended by the District and may be used only as authorized and in accordance
with the Sick Leave section of the District Administrative Bulletin.
Employees who work a forty (40) hour week shall accrue sick leave at the rate of
eight (8) hours per month.
7.2 Permanent Disability Sick Leave - Permanent disability means an
employee suffers from a disabling physical injury or illness and is thereby
prevented from engaging in any District occupation for which the employee is
qualified by reason of education, training or experience. Sick leave may be used
IAFF, LOCAL 1230 12 2006-2007 MOU
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 evidence submitted by the employee is
insufficient, or when the above conditions have not been met.
7.3 Prearranged Medical Appointments - Employees who wish to use
sick leave for prearranged doctor or dentist appointments shall notify their
appropriate supervisor of the appointment as soon as possible but no later than
forty-eight (48) hours prior, to the beginning of the shift during which the
appointment is scheduled.
7.4 Legal Adoption of a Child - Paid sick leave credits may be used by
an employee upon adoption of a child up to a maximum of six (6) weeks.
7.5 Death of Family Member - An employee may use paid sick leave
credits for working time used because of a death in the employee's immediate
family or of the employee's domestic partner, but this shall not exceed three (3)
working days (shifts), plus up to two (2) days of work time for necessary travel.
Use of additional accruals other than sick leave may be authorized in conjunction
with the bereavement leave at the discretion of the appointing authority.
SECTION 8 - VACATION
8.1 . Vacation Leave. Employees will accrue vacation credits based
upon straight time hours of working time per calendar month. The accrual rate
shall be twelve (12) hours per month.
Accruals will accumulate month to month to a maximum of 288 hours. Accruals
for portions of a month shall be in minimum amounts of one (1) hour calculated
on the same basis as for partial month compensation.
Vacation credits may be taken in one-half (1/2) hour increments but none shall be
IAFF, LOCAL 1230 13 2006-2007 MOU
allowed in excess of actual accrual at the time vacation its taken. Vacation credits
may be used only after completion of six (6) months service in a permanent
position, but may be used to supplement exhausted sick leave in cases of
absence during the first six (6) months.
8.2 Vacation Leave on Reemployment from a Layoff List. Employees
with six (6) months or more service in a permanent position prior to their layoff
and who are employed from a layoff list, shall be considered as having completed
six (6) months tenure in a permanent position for the purpose of vacation leave.
The appointing authority or designee will advise the Auditor-Controller's Payroll
Unit in each case where such vacation is authorized so that appropriate Payroll
system override actions can be taken.
All provisions of the District Administrative Bulletin on Vacation shall apply.
SECTION 9 - HOLIDAYS
9.1. Holidays Observed - The District will observe the following
holidays:
A. January 1st, known as New Year's Dai/_
July 4th, known as Independence Day
Fourth Thursday in November, known as
Thanksgiving Day
December 25th, known as Christmas Day
Third Monday in February, known as Presidents' Day
The last Monday in May, known as Memorial Day
First Monday in September, known as Labor Day
B. Shift employees (56 hours per week) shall receive twelve (12)
hours of overtime credit for each holiday listed in Section (A)
above.
9.2. Celebration of Holidays Falling on Sat/Sun - If any holiday listed
in Section 9.1 (A) falls on a Saturday, it shall be celebrated on the preceding
Friday. If any holiday listed in Section 9.1 (A) falls on a Sunday, it shall be
celebrated on the following Monday.
SECTION 10 - LEAVE OF ABSENCE
10.1 Leave Without Pay. Any employee who has permanent status may
be granted a leave of absence without pay upon written request, approved by the
appointing authority; provided, however, that leaves for pregnancy, pregnancy
disability, serious health conditions and family care shall be granted in
IAFF, LOCAL 1230 14 2006-2007 MOU
accordance with applicable state and federal law.
10.2 General Administration - Leave of Absence. Requests for leave
of absence without pay shall be made upon forms prescribed by the District and
shall state specifically the reason for the request, the date when it is desired to
begin, the leave, and probable date of return.
Leave without pay may be granted for any of the following reasons:
a. illness, disability, or serious health condition;
b pregnancy or pregnancy disability;
C. family care;
d. to take a course of study such as will increase the employee's
usefulness on return to the position;
e. for other reasons or circumstances acceptable to the appointing
authority.
An employee must request family care leave at least thirty (30) days before the
leave is to begin if the need for the leave is foreseeable. If the need is not
foreseeable, the employee must provide written notice to the employer within five
(5) days of learning of the event by which the need for family care leave arises.
A leave without pay must be for a period not to exceed one (1) year, provided the
appointing authority may extend such leave for additional periods. The procedure
in granting extensions shall be the same as that in granting the original leave
provided that the request for extension must be made not later than thirty (30)
calendar days before the expiration of the original leave.
Nevertheless, a leave of absence for the employee's serious health condition or
for family care shall be granted to an employee who so requests it for up to
twelve (12) weeks in each calendar year period in accord with Section 10.4
below.
Whenever an employee who has been granted a leave without pay desires to
return before the expiration of such leave, the employee shall submit a request to
the appointing authority in writing at least fifteen (15) days in advance of the
proposed return. Early return is subject to prior approval by the Fire Chief.
Except in the case of leave of absence due to family care, pregnancy, pregnancy
disability, illness, disability, or serious health condition, the decision of the Fire
Chief granting or denying leave or early return from leave shall be final and not
subject to appeal through the grievance procedure set forth in this MOU.
IAFF, LOCAL 1230 15 2006-2007 MOU
10.3 Military Leave. Any employee in the F=ire District and who is
required to serve as a member of the State Militia or the United States Army,
Navy, Air Force,_ Marine Corps, Coast Guard or any division thereof shall be
granted a military leave for the period of such service, plus ninety (90) days. An
employee who volunteers for such service shall be granted a leave of absence if
necessary in accordance with applicable state or federal laws. Upon the
termination of'such service or upon honorable discharge, the employee shall be
entitled to return to his/her position in the classified service provided such still
exists and the employee is otherwise qualified, without any loss of standing of any
kind whatsoever.
An employee who has been granted a military leave shall not, by reason of such
absence, suffer any loss of benefits, nor shall the employee be prejudiced
thereby with reference to salary adjustments or continuation of employment. For
purposes of determining eligibility for salary adjustments or seniority in case of
layoff or promotional examination, time on military leave shall be considered as
time in District service.
Any employee who has been granted a military leave, may upon return, be
required to furnish such evidence of performance of military service or of
honorable discharge as the Director of Human Resources may deem necessary.
10.4 Family Care Leave or Medical Leave. Upon request to the
appointing authority, any employee who has permanent status shall be entitled to
at least twelve (12) weeks with eligibility calculated on a 12 month rolling calendar
period. (less if so requested by the employee) leave for:
a. medical leave of absence for the employee's own serious health
condition which makes the employee unable to perform the functions
of the employee's position; or
b. family care leave of absence without pay for reason of the birth of a
child of the employee, the placement of a child with an employee in
connection with the adoption or foster care of the child by the
employee, or the serious illness or health condition of a child, parent,
spouse, or domestic partner of the employee.
The employee may be asked to provide certification of the need for family care
leave or medical leave. Additional period(s) of family care or medical leave may
be granted by the Fire Chief.
The twelve (12) week entitlement may be in broken periods, intermittently on a
regular or irregular basis, or may include reduced work schedules depending on
the specific circumstances and situations surrounding the request for leave. The
twelve (12) weeks may include use of appropriate available paid leave accruals
when accruals are used to maintain pay status, but use of such accruals is not
required beyond that specified in Section 10.6 below. When paid leave accruals
IAFF, LOCAL 1230 16 2006-2007 MOU
are used for a medical or family care leave,.such time shall be counted as a part
of the twelve (121 week entitlement.
In the situation where husband and wife are both employed by the District, the
family care or medical leave entitlement based on the birth, adoption or foster
care of a child is limited to an aggregate for both employees together of twelve
(12) weeks during each twelve (12) month rolling calendar period. Employees
requesting family care leave are required to advise their appointing authority
when their spouse is also employed by the District.
For medical and family care leaves of absence under this section, the following
definitions apply:
a. Child: A biological, adopted, or foster child, stepchild, legal ward,
conservatee or a child who is under eighteen (18) years of age for
whom an employee stands in loco parentis or for whom the
employee is the guardian or conservator or an adult dependent child
of the employee.
b. Parent: A biological, foster, or adoptive parent, a stepparent, legal
guardian, conservator, or other person standing in loco parentis to a
child.
C. Souse: A partner in marriage as defined in California Civil Code
Section 4100.
d. Domestic Partner: An unmarried person, eighteen (18) years or
older, to whom the employee is not related and with whom the
employee resides and shares the common necessities of life.
e. Serious Health Condition: An illness, injury, impairment, or physical
or mental condition which warrants the participation of a family
member to provide care during-a period of treatment or supervision
and involves either inpatient care in a hospital, hospice or residential
health care facility or continuing treatment or continuing supervision
by a health care. provider (e.g.; physician or surgeon) as defined by
State and Federal law.
f. Certification for Family Care Leave: A written communication to the
employer from a health care provider of a person for whose care the
leave is being taken which need not identify the serious health
condition involved, but shall contain:
1. the date, if known, on which the serious health condition
commenced;
2. the probable duration of the condition;
IAFF, LOCAL 1230 17 2006-2007 MOU
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 a
period of treatment or supervision; or
5. if for intermittent leave or a reduced work schedule leave, the
certification should indicate that the intermittent leave or
reduced leave schedule is necessary for the care of the
individual or will assist in their recovery, and its expected
duration.
g. Certification for Medical Leave: A written communication from a
health care provider of an employee with a serious health condition
or.illness to the employer, which need not identify the serious health
condition involved, but shall contain:
1. the date, if known, on which the serious health condition
commenced;
2. the probable duration of the condition;
3. a statement that the employee is unable to perform the
functions of the employee's job; or
4. if for intermittent leave or a reduced work schedule leave, the
certification should indicate the medical necessity for the
intermittent leave or reduced leave schedule and its expected
duration.
h. Comparable Position: A position with the same or similar duties and
pay which can be performed at the same or similar geographic
location as the position held prior to the leave.
10.5 Pregnancy Disability Leave. Insofar as leave is taken for
pregnancy disability as required under State or Federal laws that leave period will
not be considered a part of the twelve (12) week family care leave period.
10.6 Leave of Absence Replacement and Reinstatement. Any
permanent employee who requests reinstatement to the classification held by the
employee at the same time the employee was granted a leave of absence, shall
be reinstated to a position in that classification.
10.7 Reinstatement from Family Care Medical Leave. In the case of a
IAFF, LOCAL 1230 18 2006-2007 MOU
family care or medical leave, an employee on a full. time schedule shall be
reinstated to the same or comparable position if the return to work is after no
more than ninety (90) work days of leave from the initial date of a continuous
leave, including use of accruals, or within the equivalent on an alternate work
schedule.
10.8 Unauthorized Absence. An unauthorized absence from the work
site or failure to report for duty after a leave request has been disapproved,
revoked, or canceled by the appointing authority, or at the expiration of a leave,
shall be without pay. Such absence may also be grounds for disciplinary action.
SECTION 11 — HEALTH CARE
11.1 Health Plan. The District will provide group health benefits through the
California Public Employees' Retirement System (CaIPERS) for all permanent
full-time employees, in classes represented by the Union. Open enrollment will
be held annually.
Thereafter, the CaIPERS program, as regulated by the Public Employees'
Medical and Hospital Care Act (PEMHCA), will control on all issues, including but
not limited to eligibility, benefit levels and cost.-
The Union 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 Union acknowledges that notwithstanding this Memorandum of
Understanding (MOU); and during the time that it is in effect, CaIPERS may
terminate or change covered expenses, benefit payments, co-payments on
covered benefits, deductibles, lifetime and/or annual maximum limits and
eligibility rules and may implement cost control measures as they deem
appropriate.
The Union 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 CaIPERS Health Plan program.
11.2 Contra Costa Health Plan (CCHP). Because CCHP has met the
minimum standards required under PEMHCA and is approved as an alternative
CaIPERS plan option, Union members and COBRA counterparts may elect to
enroll in CCHP under the CaIPERS plan rules and regulations.
IAFF, LOCAL 1230 19 2.006-2007 MOU
11.3 Health Plan Contribution. The District's contribution to the CalPERS
monthly health plan premiums for coverage hereunder shall be as provided
below. Any Health Plan premium charges greater than the District's contributions
identified below occurring during the time this MOU is in effect shall be borne by
the employee.
A. District's Contribution:
The District will contribute up to the following maximum monthly amounts
equivalent of eighty-seven percent (87%) of the CaIPERS Kaiser premium
at each level (employee only, employee + one, employee + two or more)
toward the covered employee's CalPERS or CalPERS Alternate Plan
(CCHP) premium.
In the event, in whole or in part, that the above amounts are greater than
one hundred percent (100%) of the applicable premium of any plan, the
District's contribution will not exceed one hundred percent (100%) of the
applicable plan premium.
11.4 Dental Program. The District will offer the existing County group
Dental Plans (Delta and PMI Delta Care) to all permanent employees in classes
in the East Contra Costa Firefighters Unit represented by the Union.
11.5 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-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.
11.6 Rate Information. The County Benefits Service Unit will make
CalPERS health plan rate information available to employees and the District
upon request. The County Benefits Service Unit will make dental plan rate
information available to employees and the District upon request. In addition, the
County Benefits Service Unit will publish and distribute to employees and the
District information about rate changes as they occur during the year.
11.7 Premium Payments. Employee participation in any health plan is
contingent upon the employee authorizing payroll deduction by the County of the
IAFF, LOCAL 1230 20 2006-2007 MOU
employee's share of the premium cost. The District's contribution to health 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 Auditor-
Controller. The responsibility for this payment rests solely with the employee.
B. DENTAL PLAN
The District's contribution to the dental 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.
11.8 Extended Coverage. An employee on approved leave without pay
shall be allowed to continue his/her health insurance coverage provided that the
employee shall pay their share of the monthly premium during said leave.
An employee not eligible for continued coverage may convert to individual health
plan coverage (if available) or,continue group coverage subject to the provisions
of the Consolidated Omnibus Budget Reconciliation Act (COBRA), plus any
administrative fees, for the option selected. The entire cost of coverage shall be
paid at the time and place specified by CalPERS for health plans.
An employee who terminates District employment is covered through the first day
of the month following termination for CalPERS plans. Employees who terminate
District employment may continue Group Health plan coverage to the extent
provided under the COBRA regulations.
11.9 Retirement Coverage. Eligibility for health coverage as a retiree or
retiree's survivor is established by the Board of Supervisors.
Employees enrolled in the CalPERS alternative plan (CCHP) at the time of
retirement are permanently precluded from enrolling in either a CalPERS or
District health plan in the future.
11.10 Dual Coverage.
A. CaIPERS Health Plan. Employees must adhere to the rules as
established by CalPERS.
IAFF, LOCAL 1230 21 , 2006-2007 MOU
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 afforded
under the spouse's plan and evidence of the termination of coverage
is provided by the spouse's employer.
11.11 PERS Lona Term Care. The District will deduct and remit monthly
premium and eligible lists to the CalPERS Long Term Care Administrator, at no
employee cost, for District employees who are eligible and voluntarily elect to
purchase long term care through the CalPERS Long Term Care Program.
The District further agrees that District employees interested in purchasing
CalPERS Long Term Care may participate in meetings scheduled by CalPERS
Long Term Care on District facilities during non-work hours. (i.e: coffee breaks,
lunch hour).
11.12 Health Care Spending Account. Effective January 1, 2001 , the County
will offer regular full-time and part=time (20/40 or greater) District employees the
option to participate in a Health Care Spending Account (HCSA) Program
designated to qualify for tax savings under Section 125 of the Internal Revenue
Code, but such savings are not guaranteed. The HCSA Program allows
employees to set aside a pre-determined amount of money from their paycheck,
not to exceed $3000 per year, for health care expenses not reimbursed by any
other health benefits plan with before tax dollars. HCSA dollars can be expended
on any eligible medical expenses allowed by Internal Revenue Code Section 125.
Effective January 1 , 2007, this amount shall be increased to $4500 per year.
Effective January 1, 2008, this amount shall be increased to $5000 per year. Any
unused balance can not be recovered by the employee.
SECTION 12- PROBATIONARY PERIOD
12.1 Duration. All appointments from officially promulgated employment
lists for original entrance shall be subject to an eighteen (18) month probationary
period. All appointments from officially promulgated employment lists for
promotion shall be subject to a one (1) year probationary period.
IAFF, LOCAL 1230 22 2006-2007 MOU
12.2 Classes with Changed Probationary Periods. When the
probationary period for a class is changed, only new appointees to positions in
the classification shall be subject to the revised probationary period.
12.3 Probation Period Time. The probationary period shall date from
the time of appointment to a full-time position.
12.4 Resection During Probation. An employee may be rejected during
the probation period.
a. Appeal from Rejection: Notwithstanding any other provisions of this
section, an employee (probationer) shall have the right to appeal
from any rejection during the probationary period based on political,
religious or Union activities, race, color, national origin, sex, age,
disability or sexual orientation.
b. The appeal must be written, must be signed by the employee, and
set forth the grounds and the facts by which it is claimed that
grounds for appeal exist, and must be filed through the District
Personnel Chief of the District by 5:00 p.m. on the seventh (7th)
calendar day after the date of delivery to the employee of notice of
rejection.
C. The District Personnel Chief shall consider the appeal. He may refer
the matter to the Fire Chief for hearing, recommend findings of fact,
conclusions of law and decision. The rejected probationer has the
burden of proof.
d. If the Fire Chief finds no probable cause for a hearing, he shall deny
the appeal. If, after hearing, the Fire Chief upholds the appeal, the
appellant shall complete only the remainder of the probation period
- unless the Fire Chief specifically orders that the appellant begin a
new probation period.
12.5 New Employees. The regular appointment of a probationary
employee shall begin on the day following the end of the probationary period.
Upon successful completion of probation, the employee's supervisor will send the
District Personnel Chief a letter stating that the individual has performed
satisfactorily and is recommended for permanent appointment. A probationary
employee may be rejected at any time during the probation period without regard
to the Skelly provisions of this MOU without notice and without right of appeal or
hearing. If the appointing authority has not returned the probation report, a
probationary employee may be rejected from service within a reasonable time
after the probation period for failure to pass probation. If the appointing authority
fails to submit, in a timely manner, the proper written documents certifying that a
probationary employee has served in a satisfactory manner and later
IAFF, LOCAL 1230 23 2006-2007 MOU
acknowledges it was the appointing authority's intention to do so, the regular
appointment shall begin on the day following the end of the probationary period.
12.6 Layoff During Probation. An employee who is laid off during
probation, if re-employed in the same class by the District, shall be required to
complete only the balance of the required probation.
12.7 Reiection During Probation of Layoff Employee. An employee
who has achieved permanent status in the class before layoff and who
subsequently is appointed from the layoff list and then rejected during the
probation period shall be automatically restored to the layoff list, unless
discharged for cause, if the person is within the period of layoff eligibility.
SECTION 13- LAYOFF AND SENIORITY
13.1 Grounds for Layoff. Any District employee(s) serving in a permanent
position(s) may be laid off when the position is no longer necessary, or for reasons
of economy, lack of work, lack of funds or for such other reason(s) as the Board of
Supervisors deems sufficient for abolishing the position(s).
13.2 Notice. The District will give employees scheduled for layoff at least
fourteen (14) calendar days notice prior to their last day of employment.
13.3 Order of Layoff. The order of layoff, in the District shall be based on
inverse seniority in the class.
13.4 Rules on Displacing. A laid-off or displaced employee shall displace
an employee in the next lower classification in the job series provided the employee
meets the minimum qualifications for the classification.
13.5 Layoff Lists. Layoff Lists are in effect for one (1) year from the date
of layoff and contain the name(s) of person(s) laid-off, displaced or voluntarily
demoted in lieu of layoff. The Layoff List for a specific class shall be the first list
from which referrals are made. There will be no referrals from other employment
lists until the Layoff List for the class is exhausted or the remaining eligibles are not
interested in the position.
13.6 Removal from Layoff List. An eligible may be removed from a
Layoff List for: 1) failure to respond to a written or telephone notice of referral within
five (5) calendar days; 2) failure to keep the Fire Chief advised of a correct mailing
address or telephone number; and 3) declining an offer of employment in the same
job classification from which they were laid off.
13.7 Seniori . An employee's seniority within a class for layoff and
displacement purposes shall be determined by adding the employee's length of
IAFF, LOCAL 1230 24 2006-2007 MOU
service in the particular class in question to the employee's length of service in
other classes at the same or higher level in the job series. Service for layoff and
displacement purposes includes only the employee's last continuous permanent
District employment. In the event of ties in seniority rights in the particular class in
question, such ties shall be broken by length of last continuous permanent District
employment. Any remaining ties shall be broken by random selection among the .
employees involved.
For employees hired on April 1, 1995, seniority for layoff and displacement
purposes is shown in Attachment A. Upon promotion, demotion or transfer,
employees' class seniority date shall be the effective date of the promotion,
demotion or transfer.
13.8 Seniority on Return From Layoff. A District employee returning
from layoff shall have their seniority dates adjusted by the period of layoff
separation.
SECTION 14- RESIGNATIONS
An employee's voluntary termination of service is a resignation. Written or oral
resignations shall be forwarded to the District Personnel Chief by the employee
immediately and shall indicate the effective date of termination.
14.1 Resignation in Good Standing. A resignation giving the District
written notice at least four (4) weeks in advance of the last date of service (unless
the appointing authority requires a longer period of notice, or consents to the
employee's termination on shorter notice) is resignation in good standing.
14.2 Constructive Resignation. A constructive resignation occurs and is
effective when:
a. An employee has been absent from duty without leave for ten (10)
consecutive working days; and
b. Ten (10) more consecutive days have elapsed without response by
the employee after the mailing of a notice of resignation by the
appointing authority to the employee at the employee's last known
address.
14.3 Effective Resignation. A resignation is effective when delivered or
spoken to the District, operative either on the date or another date specified.
14.4 Revocation. A resignation that is effective is revocable only by
written concurrence of the employee and the District.
IAFF, LOCAL 1230 25 2006-2007 MOU
SECTION 15- DISMISSAL, SUSPENSION, DEMOTION AND REDUCTION IN
SALARY
15.1 Sufficient Cause for Action. The District may reduce in salary,
dismiss, suspend, or demote any employee for cause. The following are
sufficient causes for such action; the list is indicative rather than inclusive of
restrictions and dismissal, suspension, demotion, or reduction in salary may be
based on reasons other than those specifically mentioned:
a. Absence without leave.
b. Conviction of any criminal act involving moral turpitude.
C. Conduct tending to bring the District into disrepute.
d. Disorderly or immoral conduct while on duty or representing the
District.
e. Incompetence or inefficiency.
f. Insubordination.
g. Being at work while under the influence of liquor or illegal drugs,
carrying onto the premises liquor or illegal drugs or consuming or
using liquor or drugs during work hours and/or on District premises.
(The District may require medical testing to determine cause.)
h. Neglect of duty (i.e.; non-performance of reasonably assigned
responsibilities).
i. Negligent or willful damage to public property or waste of public
supplies or equipment.
j. Violation of any lawful or reasonable regulation or order given by a
supervisor or Fire Chief. -
k. Willful violation of any of the provisions of the District's administrative
Bulletins.
I. Material and intentional misrepresentation or concealment of any fact
in connection with obtaining employment.
M. Misappropriation of District funds or property.
IAFF, LOCAL 1230 26 2006-2007 MOU
n. Unreasonable failure or refusal to undergo any physical, medical
and/or psychiatric exam and/or treatment authorized by the
Administrative Bulletins.
o. Dishonesty or theft.
P. Excessive or inexcusable absenteeism and/or tardiness.
q. Sexual harassment including but not limited to unwelcome sexual
advances, requests for sexual favors, and other verbal, visual or
physical conduct of a sexual nature, when such conduct has the
purpose or effect of affecting employment decisions concerning an
individual, interfering with an individual's work performance, or
creating an intimidating, hostile or an offensive working environment.
Reduction in salary shall not exceed five percent (5%) of the employee's base
salary for a period of more than sixty (60) consecutive calendar days.
15.2 Skelly Requirements. Notice of Proposed Action (Skelly Notice).
Before taking a disciplinary action to dismiss, suspend for more than five (5) work
days (forty-eight (48) hours for employees on a fifty-six (56) hour work week),
temporarily reduce the pay of or demote an employee, the District shall cause to
be served personally or by certified mail on the employee, a Notice of Proposed
Action, which shall contain the following:
a. A statement of the action proposed to be taken.
b. A copy of the charges, including the acts or omissions and grounds
upon which the action is based.
C. If it is claimed that the employee has violated a rule or regulation of
the County or District, a copy of said rule shall be included with the
notice.
d. A statement that the employee may review and request copies of
materials upon which the proposed action is based.
e. A statement that the employee has seven (7) calendar days to
respond to the District either orally or in writing.
15.3 Employee Response. The employee upon whom a Notice of
Proposed Action has been served shall have seven (7) calendar days to respond.
Upon request of the employee and for good cause, the Fire Chief, or designee,
may extend in writing the period to respond. If the employee's response is not
filed within seven (7) days or during any extension, the right to respond is lost.
IAFF, LOCAL 1230 27 2006-2007 MOU
15.4 Leave Pending Employee Response. Pending response to a
Notice of Proposed Action within the first seven (7) days or extension thereof, the
District, for cause specified in writing, may place the employee on temporary
leave of absence with pay.
15.5 Procedure on Dismissal, Suspension or Disciplinary Demotion.
a. In any disciplinary action to dismiss, suspend or demote an
employee in a position with the District, after having complied with
the Skelly requirements where applicable, the District shall make an
order in writing stating specifically the causes for the action.
b. Service of Order: Said order of dismissal, suspension, or demotion
shall be filed with the- Director of Human Resources, showing by
whom and the date a copy was served upon the employee to be
dismissed, suspended or demoted, either personally or by certified
mail to the employee's last known mailing address. The order shall
be effective either upon personal service or deposit in the U.S.
Postal Service.
C. Employee Appeals from Order: The employee may appeal an order
of dismissal, suspension or demotion to the Fire Chief or through the
procedures in Section 15, Grievance Procedure, of this MOU
provided that such appeal is filed in writing with the District
Personnel Chief within ten (10) calendar days after service of said
order. An employee may not both appeal to the Fire Chief and file a
grievance.
SECTION 16- GRIEVANCE PROCEDURE
16.1 Definition and Procedural Steps. A grievance is any dispute
which involves the interpretation or application of any, provision of this MOU
(excluding, however, those provisions of this MOU which specifically provide that
the decision of any County/District official shall be final, the interpretation or
application of those provisions not being subject to the grievance procedure) or
disciplinary actions. The Union may represent the employee at any stage of the
process. Grievances must be filed within fifteen (15) days of the incident or
occurrence about which the employee claims to have a grievance and shall be
processed in the following manner:
a. Step 1 . Any employee or group of employees who believes a
provision of this MOU has been misinterpreted or misapplied to the
employee's detriment shall discuss the complaint on an informal
basis with the employee's appropriate Chief Officer who shall meet
with the employee and respond to the grievance within five (5) duty
shifts, or ten (10) workdays when a grievance is filed by employees
IAFF, LOCAL 1230 28 2006-2007 MOU
assigned to a forty (40) hour work week, of a request to hold such a
meeting.
b. Step 2. If a grievance is not satisfactorily resolved in Step 1 above,
the employee may submit the grievance in writing within five (5)
calendar days to such management official, other than the Chief
Officer who participated in Step 1 above, as the Fire Chief may
designate. This formal written grievance shall state which provision
of the MOU has been misinterpreted or misapplied, how the
misinterpretation or misapplication has affected the employee to the
employee's detriment, and the redress the employee seeks. A copy
of each written communication on a grievance shall be filed with the
Director of Human Resources. The designated management official
shall have ten (10) workdays in which to respond to the grievance in
writing.
C. Step 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, meet with the Fire Chief or designee and the
employee to attempt to settle the grievance, and respond in writing to
the employee and the employee's Union representative.
d. Step 4. No grievance may be processed under this Section which
has not first been filed and investigated in accordance with Step 3,
above and filed within five (5) calendar days of the written response
of the Director of Human Resources or designee. If the parties are
unable to reach a mutually satisfactory accord on any grievance
which arises and is presented during the term of this MOU, such
grievance shall be submitted in writing within five (5) calendar days
to the Director of Human Resources requesting that the grievance be
submitted to an Adjustment Board. Such Adjustment Board is to be
comprised of two (2) union representatives, no more than one (1) of
whom shall be either an employee of the District or a member of the
Union presenting this grievance, and two (2) representatives of the
District, no more than one (1) of whom shall be an employee of the
District or a County employee or a member of the staff of an
organization employed to represent the District in the meeting and
conferring process. The Adjustment Board shall meet and render a
decision within fifteen (15) calendar days of receipt of a written
request.
e. Step 5. If an Adjustment Board is unable to arrive at a majority
decision, either the employee (or the County/District, when alleging a
violation of Section 19 of the MOU) may require the grievance be
IAFF, LOCAL 1230 29 2006-2007 MOU
referred to an impartial arbitrator who shall be designated by mutual
agreement between the employee and the Director of Human
Resources. Such request shall be submitted within ten (10) calendar
days of the rendering of the Adjustment Board decision to the
Director of Human Resources (or the designated representative of
,the Union when the County/District is alleging a violation of Section
19 of the MOU). Within thirty (30) calendar days of the request for
arbitration, the parties shall mutually select an arbitrator. The fees
and expenses of the arbitrator and of the Court Reporter shall be
shared equally by the employee and the County. Each party,
however, shall bear the costs of its own presentation, including
preparation and post-hearing briefs, if any,
f. For the purposes of this Section the term "workday" shall be defined
as any day except a Saturday, Sunday or holiday.
16.2 Scope of Adiustment Board and Arbitration Decisions.
a. Decisions of Adjustment Boards and arbitrators on matters properly
before them shall be final and binding on the parties hereto, to the
extent permitted by law.
b. No Adjustment Board and no arbitrator shall entertain, hear,.decide
or make recommendations on. any dispute unless such dispute
involves a position in a unit represented by the Union which has
been certified as the recognized employee organization for such unit
and unless such dispute falls within the definition of a grievance as
set forth in Section 15.1 .a above.
C. Proposals to add to or change this MOU or to change written
agreements supplementary hereto shall riot be arbitrable and no
proposal to modify, amend, or terminate this MOU nor any matter or
subject arising out of or in connection with such proposals, may be
referred to arbitration under this Section. Neither any Adjustment
Board nor any arbitrator shall have the power to amend or modify
this MOU or written agreements supplementary hereto or to establish
any new terms or conditions of employment.
d. If the Director of Human Resources in pursuance of the procedures
outlined in Section 15.1 .c above, or the Adjustment Board in
pursuance of the provisions of Section 15.1.d above, resolve a
grievance which involves suspension or discharge, they may agree
to payment for lost time or to reinstatement with or without payment
for lost time; but, in the event that the grievance is carried to
arbitration and such employee is found to have been properly
discharged under the provisions of Section 14 (Dismissal,
IAFF, LOCAL 1230 30 2006-2007 MOU
Suspension, Demotion and Reduction in Salary) such employee may
not be ordered reinstated and no penalty may be assessed upon the
County/District.
16.3 Time Limits. The time limits and steps specified above may be
waived by mutual agreement of the parties to the grievance. If the District fails to
meet the time limits specified in Steps 1 through 3 above, the grievance will
automatically move to the next step. If a grievant ,fails to meet the time limits
specified in Steps 1 through 5 above, the grievance will be deemed to have been
settled and withdrawn.
16.4 Formal Presentation. An Official, with whom a formal grievance is
filed by a grievant who is included in a unit represented by the Union, but is not
represented by the Union in the grievance, shall give the Union a copy of the
formal presentation.
16.5 Compensation Complaints. All formal complaints involving or
concerning the payment of compensation shall be initially filed in writing with the
Fire Chief. Only complaints which allege that employees are not being
compensated in accordance with the provisions of this MOU shall be considered
as grievances. Any other matters of compensation are to be resolved in the
meeting and conferring process, if not detailed in the MOU which results from
such meeting and conferring process, shall be deemed withdrawn until the
meeting and conferring process is next opened for such discussion. No
adjustments shall be retroactive for more than six (6) months from the date upon
which the complaint was filed. No change in this MOU or interpretations thereof
(except interpretations resulting from Adjustment Board or arbitration proceedings
hereunder) will be recognized unless agreed to by the District and the Union.
16.6 CAO's Office or Board of Supervisors. The Union may file a
grievance at Step 3 on behalf of affected employees when action by the County
Administrator or the Board of Supervisors violates a provision of this MOU.
16.7 Letters of Reprimand. Letters of reprimand are subject to the
grievance procedure but shall not be processed past Step 3. Letters of
reprimand shall be served personally or by certified mail on the affected
employee. A copy of the letter of reprimand shall be placed in the employee's
official personnel file maintained by the District.
SECTION 17- UNIFORM ALLOWANCE
All members of the Unit shall be paid a uniform allowance of thirty dollars
($30.00) per month. This allowance shall be for the purchase and maintenance of
uniform clothing described in the Uniforms section of the District Administrative
Bulletin.
IAFF, LOCAL 1230 31 2006-2007 MOU
SECTION 18— TRAINING REIMBURSEMENT
Effective the. first of the month following adoption of the Memorandum of
Understanding by the Contra Costa County Board of Supervisors, the District will
reimburse incumbents in the classifications of Firefighter, Firefighter/Paramedic,
Engineer and Captain for the cost of tuition and books for up to two (2) Level I
training/educational courses per fiscal year; or an employee may take a Level II
training/educational course(s) — in ,which case, employees may receive
reimbursement for course registration, books, and/or room and board, in
accordance with County reimbursement policies and not to exceed five hundred
dollars ($500). The aforementioned courses must be identified by the District as
pertinent, and approved, by the District, in advance.
SECTION 19- RETIREMENT COVERAGE
Pursuant to Government Code Section 31581.1 the District will pay fifty percent
(50%) of the retirement contributions normally required of employees. Such
payments shall continue for the duration of this MOU, January 1, 2006 to July 31;
2007. Employees shall be responsible for payment of the employee's
contribution for the retirement cost of living program as determined by the Board
of Retirement of the Contra Costa County Employee's Retirement Association
without the County paying any part of the employee's share. The County will pay
the remaining one-half (1/2) of the retirement cost-of-living program contribution.
SECTION 20- MINIMUM STAFFING
The minimum staffing in the East Contra Costa Fire Protection District shall be
increased from seven (7) to sixteen (16) effective February 6, 2007.
Fire station staffing within the District may be reduced below the scheduled level
in order to accommodate Fire District programs. Said level of staffing may be
reduced by such events as the closure of a fire station. Should management of
the District change its policy with regard to the minimum level of staffing, it will
inform the Union of such proposed change(s) and meet and confer with the Union
over the effect of such policy change(s) on workload and safety.
SECTION 21 — SHIFT/STATION BIDDING
The East Contra Costa Fire Protection District reserves the right to assign
personnel in any assignment (shift/station) considered to be in the best interest of
the organization in terms of training, education, personal growth, career
IAFF, LOCAL 1230 32 2006-2007 MOU
development, organizational need or compliance with the requirements of State
and Federal laws.
To participate in any bid system an employee must have completed probation.
The members are responsible for design and maintenance of the shift/station
bidding procedures.
SECTION 22 - NO STRIKE
During the term of this MOU, the Union, its members and representatives, agree
that it and they will not engage in, authorize, sanction or support any strike,
slowdown, refusal to perform customary duties, stoppage of work or sick-out
against the District.
SECTION 23 - UNFAIR LABOR PRACTICE
Either the District/County or the Union may file an unfair labor practice as defined
in Chapter 34-22 of Resolution 81/1165 against the other. Allegations of an
unfair labor practice, if not resolved in discussions between the parties, may be
heard by a mutually agreed upon impartial third party.
SECTION 24 - ADOPTION
The provisions of this MOU shall be made applicable on the dates indicated and
upon approval by the Board of Supervisors. Resolutions and Ordinances, where
necessary, shall be prepared and adopted in order to implement these provisions.
It is understood that where it is determined that an Ordinance is required 'to
implement any of the foregoing provisions, said provisions shall become effective
upon the first day of the month following thirty (30) days after such Ordinance is
adopted.
SECTION 25 - SCOPE OF AGREEMENT & SEPARABILITY OF PROVISIONS
25.1 Scope of Agreement. Except as otherwise specifically provided
herein, this MOU represents the full and complete incorporation of those
proposals which were considered and evaluated pursuant to the meet and confer
process. This MOU constitutes the entire and sole agreement between the
parties on any and all matters which were presented during the meet and confer
process. If a proposal was made by either party and not incorporated within this
Agreement, then it was considered and rejected.
The Union understands and agrees that the County and/or District is not
IAFF, LOCAL 1230 33 2006-2007 MOU
i
obligated to meet and confer regarding wages, hours or conditions of
employment during the term of this extended agreement, except as otherwise
required by law.
25.2 Separability of Provisions. Should any section, clause or provision
of this MOU be declared illegal, unlawful or unenforceable, by final judgment of a
court of competent jurisdiction, such invalidation of such section, clause or
provision shall not invalidate the remaining portions hereof, and such remaining
portions shall remain in full force and effect for the duration of this MOU.
25.3 Duration of Agreement. This Agreement shall continue in full force
and effect from January 1, 2006 and ending July 31, 2007.
J
Date:
EAST CONTRA COSTA IAFF, LOCAL 1230
FIRE PROTECTION DISTRICT EAST CONTRA COSTA
FIREFIGHTERS UNIT
IAFF, LOCAL 1230 34 2006-2007 MOU