HomeMy WebLinkAboutRESOLUTIONS - 03271984 - 84-184 'r
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on March 27, 1984 by the following vote:
AYES: Supervisors Schroder, McPeak, Torlakson
NOES: None
ABSENT: Supervisors Powers , Fanden
ABSTAIN: None
SUBJECT: )
1984 Compensation for Employees
in Units Represented by United 84/ 184
Professional Firefighters, I.A.F.F. )
Local 1230 )
The Contra Costa County Board of Supervisors RESOLVES THAT:
1. On March 27, 1984, the Employee Relations Officer submitted the
Memorandum of Understanding dated March 26, 1984, entered into with United
Professional Firefighters, I.A.F.F., Local 1230, and the following unit repre-
sented by the Union:
Fire Suppression & Prevention Unit
2. This Board having thoroughly considered said Memorandum of
Understanding, the same is approved.
3. Salaries and Terms and Conditions of Employment, United Professional
Firefighters, I.A.F.F. Local 230. The Memorandum of Understanding with United
rofessional Firefighters, I.A.F.F., Local 1230, is attached hereto, marked
Exhibit A; and Section Numbers 1 through 35 inclusive and Attachment A are
incorporated herein as if set forth in full and made applicable to the employees
in the above named units.
4. If an Ordinance(s) is required to implement any of the foregoing
provisions, the Board of Supervisors shall enact said Ordinance(s).
THIS RESOLUTION is effective as of January 1, 1984.
1hereby certieythat t:i is R'rija a,6 corr,ct copy of
en actin..
AFTE, 7 ,yam
i
rt
8yDeputy
Orig: Personnel Department
County. Administrator
County Counsel
Auditor-Controller
County Fire Chiefs
United Professional Firefighters, I.A.F.F. Local 1230/via Personnel
I.E.D.A./via Personnel
000219
RESOLUTION NO. 84/184
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICTS
AND
UNITED PROFESSIONAL FIREFIGHTERS, I.A.F.F. LOCAL 1230
TABLE OF CONTENTS
Subject Page Section
Adoption 36 33
Call-Back 14 7
Definitions 1 --
Dismissals, Suspensions & Demotions 26 18
Fire Captain Paramedic Differential-
Moraga Fire Protection District 35 30
Grievance Procedure 29 19
Health & Welfare, Life & Dental Care 18 13
.Holidays 14 9
Leave of Absence 17 12
Length of. Service Definition 35 31
Mileage 33 22
Minimum Manning 33 25
No Discrimination 7 3
Official Representatives 7 4
Orinda & Moraga Fire Protection
Districts EMT1-A Differential 34 28
Overtime . 13 6
Paramedic Assistant Differential 34 27
Past Practices & Existing Memoranda
of Understanding 37 35
Probationary Period 21 14
Promotion 23 15
Recognition 3 1
Requests to Fill Vacancies 34 26
Resignations 25 17
Retirement Contribution 32 20
Safety 32 21
Salaries 8 5
Scope of Agreement & Separability of
Provisions 36 34
Service Awards 35 29
Sick Leave 15 11
Station Assignment 33 24
Transfer 24 16
Unfair Labor Practice 36 32
Uniform Allowance 33 23
Union Notification 14 8
Union Security 4 2
Vacation Leave 15 10
Addendum - Firefighter Apprenticeship Program 38
Exhibit A - Salaries 39
Exhibit B - Shift/Station Transfer Request 40
Letter - Creative Discipline 41
Letter - Grievance Procedure 43
000220
MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY FIRE PROTECTION DISTRICTS
AND
UNITED PROFESSIONAL FIREFIGHTERS, I .A.F.F., LOCAL 1230
This Memorandum of Understanding 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, Moraga, Orinda, Riverview and West
County Fire Protection Districts 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.
For the purposes of this Memorandum of Understanding, any Fire District
directives on the subject of shift activities, morning change of shift assembly,
sick leave policy, on the job-injury or illness, reimbursement of sick leave
accruals due to on-the-job injury or illness, vacation policy, address and
telephone numbers, tardiness, trades, witness duty, jury duty, civil subpoenas,
commendations and recommendations, personal appearance, vehicle safety
equipment, mileage reimbursement, vacation service credit provisions of the
service award program, smoking policy, uniform regulations, overtime recall and
time off to vote, in effect as of January 1, 1984, are incorporated by reference
to this Memorandum of Understanding and are made a part hereof as if fully set
forth herein.
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, Moraga, Orinda, Riverview and West County Fire Protection
Districts as the joint recommendation of the undersigned for salary and employee
benefit adjustments for the period beginning January 1, 1984 and ending December
31, 1984.
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 .
Defintions:
A. "Appointing Authority" means Fire Chief unless otherwise provided by
statute or ordinance.
B. "Class" means a group of positions sufficiently similar with respect to
the duties and responsibilities that similar selection procedures and
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gu'alifications may apply and that the same descriptive ti'tleimay The used
to designate each position allocated to the ,group..
C. °'•Clas.s Title" -means the designation given to a class, ;to each ;pos`itio'n
allocated to the ,class, and ,to the-employees ,allocated to ;the cl,as+s.
D. "'County"means Contra Costa County.
E. '"Demotion"' means 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 c.l:ass 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.
N
F. "District(s)" means Contra Costa County, Mor.aga, Orinda, Riverview,-West,• -
County. Fire Protection Districts.
G. "Director , of Personnel " means the person designated by the County
Administrator to serve as the Assistant County Administrator-Director of
Personnel .
H. "Eligible" means any person whose name is on an employment or
reemployment or layoff list for a given class.
I . "Employee" means 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" means' 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-Mer.it. System and who have been involuntarily
separated by layoff or displacement or have voluntarily demoted in lieu
of i' layoff.
L. "Merit System" means the Contra Costa County Merit System.
M. "Permanent-Intermittent Position"means any position which requires the
services of an incumbent for an indefinite period but on a regularly
scheduled, less than full-time basis.
N. Permanent Part-Time Position" means any position which will require the
services of an incumbent for an indefinite period but on a regularly
scheduled, less than full-time, basis.
0. "Personnel " means the same as employee.
-P. "Permanent Position" means any position which has required, or which
will require the services of an incumbent without inter.uption, for .an
indefinite .period.
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Q. "Project Employee" means 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" means 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,
except as provided for under "Transfer" or as otherwise provided for in
this ' Memorandum of Understanding or in the Personnel Management
Regulations.
S. "Position" means the assigned duties and responsibilities calling for
the regular full-time, part-time or intermittent employment of a person.
T. "Reallocation" means 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" means 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"means 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. "Resignation" means the voluntary termination of permanent employment
with the District.
X. "Temporary Employment" means 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" means the change of an employee who has permanent status in a
position to another position in the same class in a different
department, or to another position in a class which is allocated to a
range on the salary plan that is within five (5) percent at top step as
the class previously occupied by the employee.
Z. "Union" means International Association of Firefighters, Local 1230,
A.F.L.-C.I .O.
Section 1 Recognition
1.1 Union Recognition. The Union is the formally recognized employee
organization for the Fire Suppression and Prevention Unit and such organization
has been certified as such pursuant to Resolution #81/1165 Chapter 34-12.
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Section 2 Union Security
2.1 Dues Deduction.. Pursuant to 'Resol•ution 81/1165 Z hapter :34",M ;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 vol:untary 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 cancelled 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 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
Audi torControl ler with a copy to the Employee Relations Division 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 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 30 days of employment upon proper written notice by the
employee within said 30 day period as set forth above. Each such employee
shall , upon written completion of the authorization form, receive a copy of said
authorization form which shall be deemed proper notice of the employee's right
to revoke said authorization.
2.3 Maintenance of Membership. All employees in units represented by the
Union who are currently paying dues to the Union and all employees in such units
who hereafter become members of the Union shall, as a condition of continued
employment, pay dues to the Union for the duration of this Memorandum of
Understanding and each year thereafter- so long as the union continues to
represent the position to which the employee is assigned, unless the employee
has exercised the option to cease paying dues in accordance with Section 2.4.
2.4 Withdrawal of Membership. By notifying the Audi tor4ontroller's
Department in .writing, between June 1 and June 30, 1984, any .employee may
withdraw from Union membership and discontinue paying dues as of the payroll
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period commencing June 1, 1984 discontinuance of dues payments to then be
.reflected in the July 10, 1984 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.
2.5 _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 employee organization 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 contact a union
officer on a matter within the scope of representation.
In the application of this prov-ision, 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 District services.
2.6 Use of District Buildings. The Union shall be allowed the use of areas
normally used for meeting purposes for meetings of District employees during
non-work hours when:
A. Such space is available and its use by the Union is scheduled
twenty-four (24) hours in advance;
B. there is no additional cost to the District;
C. it does not interfere with normal District operations;
D. employees in attendance are not on duty and are not scheduled for
duty;
E. the meetings are on matters within the scope 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
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meeting, and. see that the space is left in a clean, and orderly condition. The,
use of District equipment. (other_ than items normally used in the conduct of'.
business meetings,. such as desks, chairs, ashtrays,, and blackboards), is 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 rightto 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 -fisting 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 Employee Relations
Officer shall assign new. classes in accordance with the following procedure:
A. Initial 'Determination: When a new"class title is established, the
Employee Relations Officer 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 recogni.zed: .employee organizations of the
determination.
B. Final Determination: The Employee Relations Officer's
-determination is final unless within ten days after notification a
recognized employee organization requests ' in writing to meet and
confer thereon.
C. Meet and Confer and other Steps: The Employee Relations Officer
shall meet and confer with such requesting organizations (and with
other recognized employee organizations where appropriate) to seek
agreement on this matter within sixty days after the ten-day period
in subsection (b), unless otherwise mutually agreed. Thereaf.ter,.
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
Resol-ution 81/1.165..
2.10 Written Statement for New Employees. The District will provide a
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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.
2.11 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 requirement for an employee
organization intervening . in the unit determination process and substitute
therefore a thirty percent requirement.
Resolution 81/1165 Section 34-12.012 - Election Procedure (b) shall be modified
in the first paragraph to delete the ten percent requirement for any recognized
employee organization(s) to appear on the ballot and substitute therefore a
thirty percent 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 and fifty days nor less
than one hundred and twenty 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 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- days nor less than one hundred and twenty
days prior to the expiration of the Memorandum of Understanding in effect.
Section 3 No Discrimination
There shall be no discrimination because of race, creed, color, national origin,
sex, sexual orientation or union activities against any employee or applicant
for employment by the District 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
handicapped person solely because of such handicap unless that handicap prevents
the person from meeting the minimum standards established for that 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:
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A. If. their attendance is requiredby the District or County :at a
,specific meeting;
B. if their attendance is sought by :a hearing. body for presen.tati,on.of
testimony or other reasons;
C. if their attendance is required for meeting required for settlement
of grievances filed pursuant to Section 11 (Gri:evance Procedure) of
this Memorandum;
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 appropriate 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 Representative. Official representatives of the Union shall be
allowed t me off on District time for meetings during regular working hours when
formally meeting and conferring in good faith or consulting with the Employee,
Relatins 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 appropriate Fire Chief and their
attendance does .not conflict with ,F.ire District emergency operations.
4.3 Apprenticeship Committee. Employees designated as official rep-
resentatives of the Union on the California Firefighter Joint Apprenticeship
Committee and the local Joint Apprenticeship Subcommittee shall be allowed to
attend scheduled meetings of their respective committees during regular working
hours on District time provided- that advance arrangements for the time away from
the work station or assignment are made with the appropriate Fire Chief and
their attendance does not conflict with Fire District emergency operations.
Section 5 Salaries
5.1 The salary range for each represented classification shall be as set
forth in Exhibit A which is attached hereto and made a part hereof.
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:
X. New Employees. The anniversary date of a new employee is the first
day of the calendar month after , the calendar month when the
employee successfully completes six (6) months service provided
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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 months
service.
B. Promotions. The anniversary date of.. a promoted employee is
determined as for a new employee in subsection 5.3A 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
(5) percent of the top step of the previous classification, remains
unchanged.
D. Reemployments. 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 merit system at a rate above the minimum salary for the
employee's new class, or who . is transferred from another
governmental entity to the 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 employees first
regularly scheduled work day of that month, the anniversary is one
(1) year after the first calendar day of that month.
5.4 Increments Within Range_. 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
unconditional denial of the increment or denial subject to one review. In the
event that it is denied subject to review, the said review date will be six (6)
months following the employee's anniversary date.
Except as herein provided, increments within range shall not be granted more
frequently than once a year, nor shall more than one (1) step within-range
increment be granted at one time. In case an appointing, authority recommends
denial of the within range increment on some particular anniversary date, but
recommends a special salary review, the special salary review shall not affect
the regular salary review on the next anniversary date.
Nothing herein shall be construed to make the granting of increments mandatory
on the District. If the District verifies in writing that an administrative or
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clerical_ error wasp made in, faisl'ing: to, submit: the documentsi needed to:. advance anti
employee to the; next salary step on- the, first of-- the month when- el'igrbl'e,, sai'.d
advancement shall be: made: retroac.t.ivet to the f.i:"r.st:: of-' the month- when e1i:gTM'e..
5.5.- Part---Timet Compensation.. A. part-time, empl'oyee shall be• pa.t& a monthly,
sa-lary in the same- ratio. to. the full-time} monthly. rate. to: which-, the emp-loyee.:
wouad be. entitled as a fu,Tl-time- empl'oyee under the- provisions of this Section 5'
as the: number of hours: per week in the empl'oyee's, part-time work, sched'ul'e- bears
to, the number of hours. in the full-time= work: schedule, of the Distin ct:..
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-,
o.r other- authorized paid leave shaT•l receive as. compensation for services ani
amount- which, is in the same ratio to, the established monthly rate as the• number
of days worked- Ts, 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. reclassifiedto 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..
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
N. 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 employee. was. receiving in the range. to which the class
was previously allocated. If the- reallocation is from one salary
range with more steps to a range with fewer steps. or, vice versa,
the employee: shall be compensated at the: step on the new, range
which• is in the same percentage ratio to the top step of the• new
range as was the- salary received before reallocated- tothe top
step. of the old range,. but in no case shall any employee be
compensated. at less- than the first step of the range to which the
class, is allocated-'..
B. In thea event that a c;las.sifio:at:ion is. reallocated from a-. sa;l'ary
range with more steps- to. a s:a+l'ary range: with fewer s.feps'. on the
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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 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 promotion 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 the higher class unless
such step results in an increase of less than five percent (5%), in which case
the salary shall be adjusted to the step in the new range which is five percent
greater than the next higher step, if the new range permits such adjustment.
5.10 Salary on Involuntary Demotion. Any employee who is demoted, except
as provided under Section 5.12, shall have their salary reduced to the monthly
salary step in the range for the class of position to which the employee has
been demoted next lower than the salary received before demotion. In the event
this decrease is less than five percent (5%), the employee's salary shall be
adjusted to the step in the new range which is five percent (5%) less than the
next lower step; provided, however, that the next step shall not be less than
the minimum salary of the lower class.
Whenever the demotion is the result of layoff, cancellation of positions or
displacement by another employee with greater seniority rights, the salary of
the demoted employee shall be that step on the salary range which the employee
would have achieved had the employee been continuously in the position to which
the employee had been demoted, all within-range increments having been granted.
11
000226
5:..11. Salary on; Voluntary: Demotion. Whenever- any employize;, voTu,ntarifJy!•
demotev to;! & position. in. & crass havilng% a7 salary, schedule Tower th,a.nthat of then
c-lass from. which theempIoyee) demotes,,, the,- emp.Toyee�'s., sa1ary, shall remaii.n., the,
same; if-1 the;,, steps: in the. emp.,lbyeej's newx (demoted) salary- ran.gp: pprmj't,,, and^ Vfi.
not,,., the., new.r sa-1 ary� sKa,11. be. set at thestep next,,' be!-I'M,farmer saTary,..
5:.12 Transfer.. Anemployee who' i's., transferred, fromone position, to another,
as,• described under- "Transfer" shat 1 be placed- at' the- step in, the. salary- range of
the new, c1as;s which equals the rate, of pay- received- before the transfer. In the
event, that, the steps in, the range forthe new class: donot. contain the same,
rates; as. the, range, for, the old class,, the, employee 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, & higher step, the employee shall be placed
at the step which is next lower than the salary. received. in the. old. range.,
5.13 Pay, for Work in Higher Classification. When an employee in a�
permanent position in the classified fire service is required to serve in the
capacity of Fire Captain, the employee shall receive compensation. for such work
at the rate of pay established for the Fire Captain classification pursuant to
Subsection 5.9- Salary on Promotion of this Memorandum, commencing on the
twenty-first (21st) calendar day of the assignment, under the following
conditions-,:
1. The employee is assigned to a program, service, or activity
established by the Board, of Supervisors which is reflected in an
authorized position which has been classified and assigned to the
Salary Schedule-.
2-. The nature of the assignment is such that the employee in the lower
classification becomes fully responsible for the dutie's of the
position of the higher classification.
3. Employees selected for the assignment will normally be expected to
meet the minimum qualifications-for- the higher classification.
4. Pay for work in a. higher classification shall not be utilized as a-
substitute for regular promotional procedures provided in ' this
Memorandum.
5. The appropriate authorization form has been submitted by the- Fire
Chief and approved by the County Administrator.
6. Higher pay assignments shall not exceed six (6) months except
through reauthorization.
7.. If, approval is granted for pay for work in a higher classification
and the assignment is terminated and. later reapproved for the same
employee within. thirty (30) days, no additional waiting period 0,11,
be required'..
8.. Any incentives and, special' d:ifferenti,alsaccru!tng to the employee•
in, the .permanent position sha-1,1, continue.
12,
9. During the period of work for higher pay in a higher
classification, employees will retain their permanent
classification, and anniversary and salary review dates will be
determined by time in that classification.
10: Allowable overtime pay, shift differentials and/or work location
differentials will be paid on the basis of the rate of pay for the
higher class.
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 5.14 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 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 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
13
000227
(1-le-j) t.imes* the employee's base rate: of pay ('not including, shift and: btMirI
speci'aT differenti'als).-
Overtime- for- permanent employees is earned, and credited in a minimum' of one half
hour increments:.,
6.2 Overtime R*ec&,Tl, L.ist., Each 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. (12) 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 Employee Relations Officer that the
Board of Supervisors may take action which will result in the layoff of
employees in a unit represented by the Union, the Employee Relations Officer
shall notify the union of the possibility of such layoffs and shall meet and,
confer with it regarding the implementation of the action.
I
The District - agreesto give employees fourteen (14) calendar days notice of
layoff except in case of emergency.
I
Section 9 Holidays
9*.,1 The District will observe the, following holidays:
A. New Years' Day
Lincoln's Day
Washington's Day I
Memorial Day
Independence- Day
Labor Day
Admission Day
Cb,,,l,umbus Day
Veterans' Day;
Thank:sgiv1'ng; Day!
Day, after Thanksgiving:
Christmas,
Such. other days- as the Board of Supervi-sor's may by' resol-ution
designate' as� holi'days-.,
B., Shift employees (56, hours per week} shal'll continue to; rieceiIV e
twelve (12)' hours of overtime credit for' each, hol1day listed in
Section (N). above,.
14;
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 aersonal
holiday on any of the above three 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) hours, and preference of
personal holidays shall be given to employees according to their
seniority in their 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 listed 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
The ' rates at which employee's accrue vacation credits and the maximum
accumulations thereof are as follows:
40 Hour Employees
Monthly Maximum
Accrual Cumulative
Length of Service Hours Hours
Under 15 years 10 240
15 through 19 years 13 1/3 320
20 through 24 years 16 2/3 400
25 through 29 years 20 480
30 years and up 23 1/3 560
56 Hour Shift Employees
Under 15 years 14 336
15 through 19 years 19 456
20 through 24 years 23 552
25 through 29 years 28 672
30 years and up 33 792
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.
15
000228
Emplbyees, who work, av fortp (40-), hour week,, shall' accrue sltk' Teaver aV., tj`&rat-,e, of
eight (8) hours per month,:.
11-2 Permanent: Disability Sick> Leave... Perffianeht disabilitp' means' am
employee. suffers'. from - a.. disabling, physical injury, or illnes's and is' thereby'
prevented fromengaging in:, any, District occ'upation" for" which- the emp,lbyee- is:,,
qualified, by: reason. of education, training or experience. Sick leave may beused"
by permanently disabled, employees until all accruals.. of the employee' have been
exhausted. or until the employeeis, retired by the Retirement' Board, subject to:'
the.-following, cond=itions :
A:. An, application for retirement, for disabil'ity has been filed with
the Ret.irement Board;
B:. s'atisf'actory medic'al- evidence of such disability is- received'-by the
appointing. authority within 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.
The districts shall implement- the above provision by revision and updating of
the appropriate District Administrative Bulletins.
11.3 Sick Leave Utilization for Pregnancy, Disability. Employees whose
disability is caused or contributed to by pregnancy, miscarriage, abortion,
childbirth,, or recovery therefrom shall be allowed to utilize sick leave credit
to the maximum, accrued by such employee during the period of such disability
under the conditions set forth below:
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 undergoa physical examination by a: physician selected
by, the County, the- cost of such examination to beborne by: the,
County. Should themedicalreport so recommend, a7mandatory, 16-ave'
16
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 Districts shall implement the above provisions by revision and updating of
the appropriate District Administrative Bulletins..
11.4 Definition of Immediate Family. "Immediate Family" shall be
restricted to the spouse, son, stepson, daughter, stepdaughter, father,
stepfather, mother, stepmother, brother, sister, grandparent, grandchild,
father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law or
sister-in-law of an employee.
' 11.5 Prearranged Medical Appointments. Employees who wish to use sick
leave for prearranged doctor or dentist appointments shall notify their
appropriate supervisor of the appointment 24 hours prior to the beginning of the
shift during which the appointment is scheduled.
Section 12 Leave of Absence
12.1 Leave Without Pay. Any employee who has permanent status in the merit
service may be granted a leave of absence without pay upon written request,
approved by the appointing authority; provided, however, that leaves for
pregnancy shall be granted in accordance with applicable state and federal law.
Requests for leave without pay shall be made upon forms prescribed by the
Director of Personnel 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. to take a course of study such as will increase the
employee's usefulness on return to the employee's
position;
4. for other reasons or circumstances acceptable to the
appointing authority. .
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. 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. Whenever an employee
who, has been granted a leave without pay desires to return before the expiration
17
000229
;of such leave,, the :emp'loyee °shall so request ,of the .appointing Authority an
twriting .at `.least f'i-fteen ,(15) days In ad.vante =of ;the ,return for approval 'by the
appointing tau:thori:ty., 1proviided 'however., that ':less 'motifrcat-ion imay be ;approved
at :the discretion <of the appoin:t:ing authority or desi:gnee,. +The Personnel
'Department thal`1 to rnot:i`f4ied zpromp:tliy. of �su'ch oeturn. -Failure to subm4t time y.
written notice may resist in the employee not be'in;g >permitted ',to 'return '.to work
until the ,requ,ir'ed notice ;per.iod :has :elapsed.
`Except with 'respect :to leave ,due to tpregnancy, 'illness -or -disability, the
decision :of the appoi'ntimg ;authority on +granting or :denyin,g a .leave :of absence
shall ;be :subject to appeal to the Director of "Personnel and not subject to
appeal through the grievance .procedure set forth in Section 19 . of 'this
'Memorandum sof Understanding.
12,2 Leave of Absence 'Replacement.. Any .permanent employee .in .the :merit
system who requests reinstatement to the classification `held .byth e employee in .
the same ,district at the time the employee was granted a leave of absence, shall
be reinstated to that classification and district.
In case of severance from service 'by reason of the reinstatement of a permanent
employee, the provisions of the Personnel Management Regulations on layoff and
seniority shall apply.
12.3 Salary Review While on Leave of Absence. The •salary of an employee
who is on leave of absence from a District .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.
:,Emp.loyees; on military leave shall receive salary increments. that may accrue to
them during the period of military leave.
12.4 Unauthorized Absence. An unauthorized absence from the work site or
failure to report for duty after a leave request has been disapproved, revoked,
or cancelled by the appointing authority, or at the expiration of a leave shall
be without pay. Such absence may- a-Iso-be- grounds for disciplinary action.
Section 13 Health and Welfare, Life and Dental Care
13.1 The County and Districts will continue the existing County •Group
Health Plan :program of medical.; dental and life insurance coverage 'California
Dental Service, Occidental Life Insurance and ,the medical insurance options of
Kaiser-Permanente Foundation, Blue Cross of Northern California, the Contra
Costa County Health Plan and H.E.A.L.S. Health Plan and .I.P:M. to all .permanent
employees regularly scheduled to work 'twenty (20) or more hours per week.
13.2 In the event that it may be possible to provide.'hospi'tal-medical, life
:insurance and dental coverage as nearly comparable as possible to the benefits
in effect on January 1, 1983 without additional cost to the District. or the
employees., the County may add new insurance carriers. . The Union will be given >
an opportunity to meet and confer on the coverage 'afforded under such additional
plans before they are implemented.
The 'District will contribute up 'to the 'following monthly amounts toward the
existing, County Group Health Plan program of combined medical:, dental and life
18
insurance provided, however, that the minimum employee health plan •contribution
shall be $1.00 per month.
Kaiser Option
County Contribution per
Category Employee Per Month:
Effective January 1, 1984
1
Employee Only $ 63.27
(No Medicare)
Family $138.33
(No Medicare)
Blue Cross Option
Employee Only $ 88.06
(No Medicare)
Family $154.01
(No Medicare)
Contra Costa Health Plan Option
Employee Only $ 64.37
(No Medicare)
Family $142.90
(No Medicare)
Heals Health Plan
Employee Only $ .75.30
(No Medicare)
Family $142.60
(No Medicare)
IPM
Employee Only $ 62.63
(No Medicare)
Family $140.00
(No Medicare)
Corresponding Medicare rates for employees covered under this Memorandum of
Understanding shall be as follows: for Employee Only on Medicare by taking the
Employee Only rate for the option selected and subtracting the monthly Part B
Medicare premium withheld from Social Security payments for one enrollee; for
Employee and Dependent(s) with one member on.Medicare by taking the Employee and
19
000230
�Dependent((') rate ?for .th`e 'bp•fi,on selectO8 and sUbt-'rafting :t Fie 1ib'dith-Ty ONV-t �B
-s -
iMe'd,icare "prerdium w*i;t,hhd'.Id =from `S'oc'ialll Security rp`a'yim-elh`t. -_`for one -dnr-b!Vlee-; `for
Employee iand Dependent,(,S) -wi'th two member's on Nedic-ai-te 'by 'taking tiFe (Efflplbyee
.and Dependerft-'(s) rate for the option selectiEA and subtracting ',the 'm(5Wih`,1y FPaj4,,t �'g
.Medicare ,premium twithheld from Soc'.41 Setur,fty :payments 'f6t, '.two ieirf�,61'1:ee's';
provided, -howevelr,, that %Ke ,minJmum. ,emp;loYee ahea!Tth .:plan �corftrilibut"ion 011.'be
$1.00 .-per ,month.
Any increase in 'the Hea.lth Plan costs that occur •during the duration of this
'Memorandum of Understanding §ha7'1 be borne by the employee. The Di'strict 's
contribution to 'the Health �Plan premium 'is payable for any month "in which 'the
-employeeearns compensation for actual time -worked or As credited for work time
tht,ough •vacation,, sick leave or other authorized paid leave.
'However,, if an employee does not earn enough compensat-ion in a mnth 'to pay the
employee share of 'the premium, the employee must make up the difference by
remitting the amount delinquent to the Auditor-Controll6r.
An vemployee is thus covered by 'the Health Plan for the month in which
compensation is earned the subsequent month. The responsibility for this
payment rests with the employee,. If payment is not made, the employee shall be
dropped from the Health Plan.
An employee ,who is on approved leave of absence may convert to 'individual Health
Plan coverage within thirty (30) days of the commencement of leave.
An employee who terminates District employment who has earned compensation for
actual time worked or is credited for time worked. through vacation or sick leave_
or other authorized paid leave is only covered through the month in which the
employee is credited with compensation. An employee who terminates District
employment may convert to individual Health Plan coverage.
Upon retirement, employees may remain in the same County group medical plan if
immediately before their retirement they are either active subscribers to one of
the County Group Medical Plans or if on authorized leave of absence without pay
they have retained individual conversion membership from one of the County
plans.
13.3 Inclusion of Survivors of Employees and Retirees in Conty Health and
Dental Plan
The following procedures shall apply with respect to the inclusion of survivors
of employees and retirees in the County Group Medical and Dental Plans.
A. The death :of the employee or retiree upon whom the survivor was
dependent shall have occurred after June 30, 1981.
B,. A surviving spouse or child must have been in the health plan at
the time of the employee`s or retiree's death.
C. The 'survivor must receive a monthly allowance from the 'County
Retirement System.
20
D. The survivor must pay the full cost of coverage.
1. Survivor must make a formal request on an "Authorization.
for Survivor Deduction" card which must be filed in the
Personnel Office within 60 days of the death of the
employee or retiree.
2. The Retirement Office will . collect premiums for this
coverage.
3. Premiums must be continuously maintained; a missed premium
payment may cause termination of the . survivor from the
group.
E. Survivor subscribers of the County group medical plan may elect to
switch medical plan carriers during the annual open enrollment
period.
Section 14 Probationary Period
14.1 Duration. All appointments from officially promulgated employment
lists for original entrance or promotion shall be subject to a probationary
period. This period shall be for six (6) months unless otherwise noted below.
14.2 Listed below are those classes represented by the Union which have
probation periods in excess of six (6) months.
'Apprentice Fire/Medic - one (1) year
Fire Captain - one (1) year
Firefighter - one (1) year
Firefighter/Paramedic - one (1) year
Fire District Dispatcher - one (1) year
Senior 'Firefighter - one (1) year
Senior Firefighter/Paramedic - one (1) year
Senior Fire District Dispatcher - one (1) year
14.3 When the probationary periodt for a class is changed, only new
appointees to positions in the classification shall be subject to the revised
probationary period.
14.4 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 six (6)
months probation period, probation will be considered completed upon serving one
thousand (1,000) hours (1456 hours for shift employees) after appointment except
that in no instance will this period be less than six (6) 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.
21
000231
14:5 Rejection' _Dur`ingo Probation:. An. employee' who- i;s: reJec,te-& during f.e'
probation' p'eri'od and. restored= to. the el i`gibl`e tr'st' shad]: beg�i'ii� a= n'ew.'
probationary period" if subsequently, certifi'ed', and= appo Inted:.
X.. .Appeel".,from- rejection- Notw"i`thstanding any other' provi's',ons, o"f
this. section, an employee. (`probatao"ner " sh'all have the- right` to;
appeal from any rejectiom during the probationary, period based oh.
polAtical , or rell*glous or union activities",; or, races: color",,
national origin,,, sex,. age, hand:i,cap, or sexual' orientation.
B. The appeal'. must be written, must be s-igned; by the employee: and set
forth the grounds and the facts by which iit is claimed' that ground's
for appeal exist under subsection (A) and must be filed through Vie'
Director" of Personnel to the Merit Board` by 5:00 p.m. on the 7th
ca:lend'ar day after the date of delivery to the .employee of .notice
of rejection.,
C... Ther Merit Board shall consider the appeal ,, and' i'f, is finds` probable .
cause to believe that the rejection may have. been based` on' grounds
prohibited' in. subs'ec.tion (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
Boar& rules in which proceedings the rejected probationer has the
burden' of proof.
D. Lf 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 shallcomplete only the. ,remainder of the
n
probatioperiod`. unless the 'Meri't Board specifically orders that
the appe.11ant begin a new probation per'iod..
14.,6 Regular =ppointment: The regular appointment of a probationary
employee shall begin on the day following the end of they probationary period
subject to, they cond'iti`on that the- Director of Personnel receive. from the
appo-fntinge authority a statementin 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, withoutnotice and. without right of appeal
or hear,ingi.. If' the appointing authority, has riot 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 probat"i"on'.. I•f the,
appointing; authority fails to submit im a timely manner the proper written
documents. certifying that a probationary, employee: has. served in a satisfactory
manner, andi: l'a,ter acknowledges it was the appointing authority's inten"tion to do
so, the regular, appointment shall" begin on the day following- the end, of the
probationary period.,
Notwithstanding;. any,, other' provisions of the Memorandum, of Unders'tan'ding, an'.
employee rejected; during the probation period from' e" po"s.ition in the Merit,
System to which: the employee had been promoted, or, tran"sfer"red` from" an e°ligibEl'e'
list,, shalr1 be restored. to a posiai'on in. the District" from" which the employee,
22
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 appointing authority and is certified by the
Director of Personnel whose decision is final . The Director of Personnel 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.
14.7 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 District or in another classification, the employee
shall serve a full probationary period. An employee appointed to a permanent
position from a layoff or reemployment list is subject to a probation period if
the position is in a District other than the District from which the employee
separated, displaced, or voluntarily demoted in lieu of layoff. 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.
14.8 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.
Section 15 Promotion
15.1. Promotion shall be by competitive examination unless otherwise
provided in this Memorandum of Understanding.
15.2 Promotion Policy. The Director of Personnel , upon request of an
appointing authority, shall determine whether an examination is to be called on
a promotional basis.
15.3 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 .
23
000232
B•. The incumbent of the position must have performed' at they h"i'gher•
level for one (1'), year.
C. The, incumbent must meet .the minimum: education: and' experience-
requirements for the, higher crass_.
D�. The action, must have approval' of the Director of Personnel .
E. The Union approves such action.
The appropriate, rules regarding probationary status and salary, on promotion are
appTi,cable.
15,4 Requirements for Promotional Standing,. In order to qualify for an
examination called on a promotional basis, an employee must-have probationary or
permanent status in the merit system and must possess the minimum qualifications
for the class. Applicants will be admitted to promotional, examinations only if
the requirements are met on or before the final filing date. If an employee who
is qualified on a promotional employment list is separated from the merit
system, except by layoff, the employee's name shall be removed from the
promotional list
15.5 Seniority Credits. Employees who have qualified to take promotional
examinations and who have earned a total score, not including seniority credits,
of seventy percent (70%) or more, shall receive, in addition to all other
credits, five one-hundredths of one percent ( .05) for each completed month of
service as a permanent County employee continuously preceding the final date for
filing application for said examination. For purposes of� senior tty 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.
15.6 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.
Section 16 Transfer
16.1 The following conditions are required in order to qualify for
transfer: (a) the position shall be in the same class, or if in a different
class shall have been determined by the Director of Personnel to be appropriate
for transfer on the basis of minimum qualifications and qualifying procedure;
(b) the employee shall have permanent status in the merit system and shall be in
good standing; (c) the appointing authority or authorities involved in the
transaction shall have indicated agreement to the change in writing; (d) the
employee concerned shall have indicated agreement to the change in writing.
Notwithstanding the foregoing, transfer may also be accomplished through the
regular appointment procedure provided that the individual desiring transfer has
eligibility on a list for a class for which appointment is being considered.
24
16.2 Any employee and appointing authority who desire to initiate a
transfer may inform the Director of Personnel in writing of such desire stating
the reasons therefore. If the Director of Personnel 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 Personnel shall inform the appointing
authority or authorities concerned and the employee of the proposal and may take
the initiative in accomplishing the transfer.
Section 17 Resignations
An employee's voluntary termination of service is a resignation. Written —
resignations shall be forwarded to the Personnel 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 Personnel Department and shall
indicate the effective date of termination.
17.1 Resignation in Good Standin . 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.
17.2 Constructive Resignation. A constructive resignation occurs and is
effective when:
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.
17.3 Effective Resignation. A resignation is effective when delivered or
spoken to the appointing authority, operative either on that date or another
date specified.
17.4 Revocation. A resignation that is effective is revocable only by
written concurrence of the employee and the appointing authority.
17.5 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 Personnel 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
25
000233
-day following the appointing authority's acknowledgement Wi'thou:t
loss •of seniority or pay.
C. .Contest. ;Unless, within seven -(T) .days of the rece':ipt z,of Ahe
notice, the :appointing authority acknowledges':that ;the .r..esi.gnation
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 'Personne"1
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 19 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
fol"low.ing the decision or •next assigned shift but -without loss -of
seniority or pay, subject to the employee's duty to mitigate
damages .
Section 18 Dismissal , Suspension, Demotion and Reduction in Salary
18.1 The appointing authority may dismiss, suspend, demote, or reduce in
salary any employee for cause. Reduction in salary shall not exceed five
percent (5Y) of the employee's base salary for a period of more than sixty (60)
consecutive calendar days. The following are sufficient causes for such action;
the list is indicative rather than inclusive of restrictions and dismissal ,
suspension,. demotion or reduction in salary maybe based on reasons other than
those specifically .mentioned:
1. absence without leave,
2. 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 duty, i .e., non-performance of reasonably, assigned
responsibilities,
9. negligent or willful damage to public property or waste of public
supplies or equipment,
10. violation of any lawful or reasonable regulation or order given by
a supervisor .or Fire Chief,
11. willful violation of any of the provisions of the Merit System
Ordinance or Personnel Management Regulations.,
12,. material and intentional misrepresentation or concealment of. any
fact in connection with obtaining employment,
13. misappropriation of District funds or property,
14. unreasonable failure or refusal to undergo any physical , medical
and/or psychiatric exam and/or treatment authorized .by this
26
. .t
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 , interferingwith an individual 's work performance, or
creating an intimidating, hostile or an offensive working
environment.
18.2 Skelly Requirements. Before taking a disciplinary action to dismiss,
suspend for more than five 5) work days (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 ommissions 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.
18.3 Leave Pending Employee 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.
18.4 Suspensions without pay shall not exceed thirty (30) consecutive days
unless ordered by an arbitrator, an adjustment board or the Merit Board. The
thirty (30) consecutive day limit does not apply to suspension due to pending
criminal charges as provided in 18.5 below.
18.5 Notice of Suspension Without Pay Due to Pending Criminal Charges .
Before suspending an employee due to pending criminal charges, the appointing
authority shall cause to be served either personally or by certified mail on the
27
000234
employee.,, 'a Notice of :Suspension :Due to P.end.ing :Gr'1min0 Charges, 1whAch _shalil
contain '.the foTlow:ing:
A. =A statement that ithe �emp!loyee is suspended while ;cr,im;inaal'. _charges
ar:e :pend;ing or uri.tfl 'the charges, are •d.ismissed.
B. •A statement sof the charges upon which the suspension As 'based and
.of. `the 'facts by which such charges adversely affect the District
serv'i'ce or conf'l.ict with continued employment..
'C. A statement that the employee may respond to the appointing
authority either .orally or in wr'i'ting w,i,th;in seven (7) ca,l,endar
d ay s,..
.A ,s.tatement 'that disciplinary action may be taken after di,sposi:ti.on
of the charges.
E. The Notice of Suspension Due to Pending Criminal Charges may
include .a Notice of Proposed Action (Skelly Notice) under Section
18.2.
F. An appointing authority, upon giving notice as provided in this
Section 18, may immediately suspend without pay an employee against
whom there is pending a criminal charge which adversely affects the
Di-strict service or conflicts with continued employment.. Pending
criminal charges exist when an employee has been arrested or has
been named a defendent in a criminal complaint or indictment filed
in any court.
G. The Director of Personnel may order lost pay restored for good
cause, and subject to the employee's duty to mitigate damages, but
not if the employee 1) is given a notice of Proposed Action (Skelly
Notice) and 2:) is dismissed or otherwise disciplined for cause
directly related to the. charges within fourteen (14) calendar days
after the appointing authority has knowledge of final 'disposition
of the charges.
18.6 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 Personnel , showing by whom and
the date a copy was served upon the employee to be dismissed, sus-
pended 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.
28
t
C. Employee Appeals from Order. The employee may appeal an order of
dismissal , suspension or demotion either to the Merit Board or
through the procedures of Section 19 Grievance Procedure of this
Memorandum of Understanding provided that such appeal is filed in
writing with the Personnel Director 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 19 of. this
Memorandum of Understanding.
Section 19 Grievance Procedure
19.1 A grievance is any dispute which involves the interpretation or
application of any provision of this Memorandum of Understanding (excluding,
however, those provisions of this Memorandum of Understanding which specifically
provide that the decision of any County/District official shall be final , the
interpretation or application of those provisions not being subject to the
grievance procedure) or disciplinary actions. The Union may represent the
employee at any stage of the process. Grievances must be filed within fifteen
(15) days of the incident or occurrence about which the employee claims to have
a grievance and shall be processed in the following manner.
A. Step 1. Any employee or group of employees who believes a pro-
vision 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 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 Personnel . 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 Personnel . The Director of Personnel 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.
29
000235
"D. "Step.A. %No -.gri:evanGe-may':be ,processed..under *thi,s 'Section:WK-Tch :,hes
Aot "first been .,-fFi;Ted and -;investigated in -,accordance mtth :Step 23
iabove ,and 'fi'led -within 'five 1(.5) -calendar ,days ;:of !the .wettten
I
-,.response -of 'the 2"Director,.-.of Personnel ,or 'designee. 'If tt
he:.�parfftes
:,are :unable :to .-reach -a mutuAllyl:sati§factory �accordon ,any-:#Aevance .
Which -ari.ses ,-and1s-.,presented ,*dur.i ng 4the-term .of tth i:s Memorandum of
-Understanding, -such grievance shall be .:submitted in :,writing wi.thtn
five s(;5) ,cVendar days -.to the.'Director.,.of ;P.ersonnel requesting ithat
'the -grievance;be =sUbnfltted to .an "Adjustment ':Board. Such,,'A'djustment
,Board Js to :;be -compri.sed ;of -three :(3) union -representatives,, 'no
1,more than gone '(1) -,of whom shal'l rbe neither an :employee -�of ,the
.'Di:strict :or >a ;,member of the ..Union ;:presenting 'thi-s grievance, and
three representati-ves -of the 'Di strict, no.,more than one ..(1) of,,whom
<.shal'l :be ;an employee of a -District -covered:-by..this 4MOU, or -:a County
,employee ,or .a member .of -the staff of an organi,zati,on employed to
-represent the "District in 'the,meetiq.g -and conferring -_.pr.ocess. The
,'Adjustment Board shall meet and render a decisi.on -Within :fifteen
(15) ,calendzr days of receipt of a ,written request.
E. Step 5. -If -an Adjustment "Board is unable to arrive at a imaj.ority
decision, either the employee .(or the County/Di:strict, -when
alleging a •vicilation- of 'Section 19 '6 biflow) may require 'the
grievance Abe referred to' an impartial arbitrator who shall be
desi.gnated by -mutual agreement between the employee and the
Director of Personnel . Such request shall besubmittedwithin ten
(10) calendar days of the rendering of the Adjustment Board
decision to the Director of Personnel (or the designated
representative of the Union- .when the County/D,.i.strict is alleging a
violation of Section 19.6 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 brief:s, -if
any.
F. For the purposes of this Section 19 the term "workday" shall 'be
defined as -any day except -a Saturday, Sunday or holiday.
'19.2 Scope of Adjustment -Board and Arbitration Dec1sJons
A. 'Decisions of Adjustment Boards and arbitrators on matters properly
before them shall be final and binding on :the parties hereto, to
the extentpermitted by law.
B. No Adjustment -Board and no arbitrator shall entertain, hear, decide
.or make recommendations on any .dispute unles.s such dispute involves
a position in a unit represented, by the Un-ion 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 19.1 above,.
30
C. Proposals to add to or change this Memorandum of Understanding or
to change written agreements supplementary hereto -shall not be
arbitrable and no proposal to modify, amend, or terminate this
Memorandum of Understanding nor any matter or subject arising out
of or in connection with such proposals, may be referred to
arbitration under this Section. Neither any Adjustment Board nor
any arbitrator shall have the power to amend or modify this
Memorandum of Understanding or written agreements supplementary
hereto or to establish any new terms or conditions of employment.
D. If the Director of Personnel in pursuance of the procedures
outlined in Section 19.1C above, or the Adjustment Board in
pursuance of the provisions of Section 19.1D 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 18, -such employee may
not be ordered reinstated and no penalty may be assessed upon the
County/District.
19.3 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.
19.4 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.
19.5 Compensation Complaints. All complaints involving or concerning the
payment of compensation shall be initially filed in writing with the Director of
Personnel . Only complaints which allege that employees are not being
compensated in accordance wi.th_. 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.
19.6 No Strike. During the term of this Memorandum of Understanding, the
Union, its members and representatives, agree that it and they will not engage
in, authorize, sanction or support any strike, slowdown, refusal to perform
customary duties, stoppage of work or sickout against the District.
31
000236
I•n .the case of- :a legally declared '1_awful •strike .agaanst Ma ,pr:ivate .or public
sector employer' which has .been :sancti;oned and ap.pr:oved by ;the Tabor ;body, ;or
_counci having .,juri-$dic,ti;on, an ;employee awho is fin ;danger ,of physical 'harm ,shal'1
not be requ-ired to cross the ,picket J;;ne, -pr,ovided ,the physical ;harm shall :not
;be requ.ir..:ed to cross .the pi.cke:t lane,, p.ro lded the �employ..ee advises the
employee's -supervi:sor as soon as possibl;e., ,and-provided further that ,an employee
may be required to ;cross ;a :picket line ,where -the •performance of the emp'loye•e''s
duties is of an emergency -nature and/or -failure to _;perfor,-m •such .,dut e,s m.i.ght
cause ,or aggravate ,a danger to -.publ is health or .safety,.
19,.7 :Merit 'Board
A. .All grievances— of employees : ;n ,,repres.entati,on .units represented lby
the Union :shall be .processed under Section 19 -unless the ,employee
eb_ects to apply °to the °-Merit Board on :matters with,.in Its
j uri sdi,cti,on.
B,,.- 'No, action ,under ,Steps (3)•, (._4)- or (5) ,of _SUbsectl,on• .19,,.'1 ' ;aboye '
shal-1 :be -taken if action on -the complaint or ;grie.vance has lbeen
taken .!by the flerit -Board, or if the complaint or grievance is
:pending •before the Merit Board.
,19,.8 The Union may file a grievance at step 3 on behalf of affected
employees :when action by the County Administrator or the:'Boar,d of Supervisors
violates a provision of -this Memorandum of Understanding.
19.9 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 20 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 ;perio.d of .January 1., .1984
to December 31, '1984,. 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 County paying any part of the employees share. The
County will :pay the remaining one-half (1/2) of the retirement cost-of.-living
program contribution.
Section 21 Safety
The District shall expend every effort to see -to it that the work performed
under the •terms and conditions of this Memorandum of Understanding is performed
with maximum degree of safety consistent with the requirement to conduct
efficient operations.
32
Section 22 Mileage
Mileage allowance for the use of personal vehicles on District business shall be
paid according to the following per month formula:
1 - 400 miles $ .22 per mile
401 - plus miles $ .16 per mile
The above rates shall be adjusted to reflect an increase or decrease in the cost
of gasoline which shall be determined as provided below on the basis of the
average price for "Gasoline Average Prices per gallon, U.S. City Average and
Selected Areas" for the San Francisco-Oakland, California area published by the
Bureau of Labor Statistics, U.S. Department of Labor, hereinafter referred to as
the "Energy Report."
The above mileage rates shall be increased or decreased by one cent (1f) for
each fifteen cents (15¢) increase or decrease in the base price for gasoline ___
which shall be defined as the average price of gasoline per gallon for July,
1979 as published in the Energy Report. Any such rate increase or decrease
shall be effective the first of the month following publication of the index.
The above formula rates include price increases reported since July 1979. The
mileage rate increase or decrease based on the Energy Report shall be contingent
upon the continued availability of the official monthly Energy Report in its
present form and calculated on the same basis unless otherwise agreed upon by
the parties.
Section 23 Uniform Allowance
The monthly uniform allowance for all employees shall be Thirty-three Dollars
($33.00) .
Section 24 Station Assignment
Management recognizes the concerns of the Union regarding station assignment of
personnel that may result due. to_ consolidation or reorganization. Therefore,
both parties agree to meet on the station assignment of personnel as relates to
proposed consolidations or reorganizations during the term of this Memorandum of
Understanding.
Section 25 Minimum Manning
The present minimum shift schedule of manning in each of the Fire Protection
Districts shall be as follows:
Consolidated Fire Protection District 58
Moraga Fire Protection District 6
Orinda Fire Protection District 8
Riverview Fire Protection District 19
i
West Fire Protection District 6
Fire station manning within the individual districts may be reduced below the
scheduled level in order to accommodate fire district programs. Said levels of
manning may be reduced by such events as the closure of a fire station. For the
• 33
000237
;durati,on of th-is :Memorandum the -Districts lwil,11 continue =theirpresent p Jc.tes
,with ireqarid oto mann:i.ng as ;descrAbed ;above.. Should the management .;of ,any
jstr:ict -change its :,pgl'ic,i:es with regard to the m;i,nJmum Rpye;l of mann,, ng,, tkt
,wi.11 inform !..the {Un"ion of ,such ;proposed .changes and ;meet ;and 4ponfer ,w,ith the
.Union ;;o,ver .the ;effect of ,such pol .cy changes ,,:on ,workl;:oad ,Land safety,.
Section •26lRequests to °Fi'l`l Vacancj�es
Mhere :fi.11 ^t,fi e yacanci.es .occur in e�i:ther shift .or work sp1,,ace ;asslgnments, an
•employee -may request .a -transfer to ,filsl such vacancy, such r.•equest .to;;be :granted
at ahe _discret,i;on. of the District,. ;Such ,reque;sts should be -submitted ,on
"'Shift/,Station Transfer Request" form, as i.11,ustrated -in ,Exh 0,4t B.
Section 27Paramedic 'Assistant :Differential
'Emery Firefighter ,and 'Seni;or :Firef igbter (herei.nafter "firefighter.s,") ,:wbrki•ng .,as
.. :. ,
'P.aramedi;c rAssistants in the 'Moraga Fire •Protection :.Distri-6t sha•111 „r,. cei-ve .a
salary d:ifferentiall of three (:3) percent ov:erbase salary, if they:
1. ;Have completed the course of Paramedic Assis:tant instruction
,;prescribed by the Contra Costa County Health Officer or ;designee
and -passed any ,post-instruction examination; and
2,. are .,certified as a Paramedic Assistant !:by .the ;Contra Costa County
M eal:th Officer or .desi.gnee; and
3,. -have ifi1ed sa copy .of .their certification _with the :Mor..aga ,fire
;;Protection ;District,.
This differential is payable only for the month(s) of ,ass,ignment as a Paramedic
Assistant. Such assignment shall' be aVthe sole discretion of the District Fire
Chief ;or desi-gnee.
The differential is :,payab.l:e beginning .with a firefighter's first shift 'of actual
work An the .;month following that during which the :empl;oyee •filled a copy of the ,
emp4oyee4's .certification with the District.
'To continue .,to be •:e'1 igi.b:le for the salary .differential, a tfirefighter shal,l,:
a•. :be -recertified .:every two years;
b: .at al'l ti•mes .ma'intaining the .employee's certification;
c.. comply with _such :other terms and conditions as may .be ,pre.scribediby
:the Contra Costa .Count,y Health Officer or designee; and
d. file a copy of each new certification with the ,Moraga °Fire
Protection District as provided above.
Sectii.on.28 Orinda and Moraga Fire Protection Districts EMT1-A Differential
A1;1 shift personnel of the Orinda and Moraga Fire 'Protection 'Districts,
ex.clud:in.g Paramedics and Paramedic Assistant, who qualify as E:M:T,:1-A's shall
receive a differential ,of fifty ($50) dollars .per month if they;
1.. have completed the course of EMT1-A instruction :prescribed by the
State of California and passed any post-instruction ;examination; and
34
2, are certified as an EMT1-A by the State of California or agency
designated by the State; and
3, have filed a copy of their certificate with the respective Fire
Protection District.
The differential is payable from the first shift of actual work in. the month
following that during which the employee filed a copy of the employee
certification with the respective Fire Protection District. To continue to be
eligible for the salary differential, a firefighter shall :
a. be recertified every two years;
b. at all times maintain the employee's certification;
c. comply with such terms and conditions as may be prescribed by the
State of California or designated agencies; and
d. file a copy of each new certification with the respective Fire
Protection District as provided above.
Section 29 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 30 Fire Captain Paramedic Differential-Moraga Fire Protection District
Effective January 1, 1983 Fire Captains in the Moraga Fire Protection District
who are certified as mobile intensive care paramedics, have completed a course
in mobile intensive care paramedic training approved by Contra Costa County,
have filed a copy of current paramedic certification with the Chief of the
Moraga Fire Protection District are assigned paramedic duties by the Chief of
the District, shall receive in addition to their regular compensation a salary
differential of 10% of base pay.
The selection and assignment of Fire Captains to work as Paramedics shall be at
the sole discretion of the Fire Chief.
Fire Captains who wish to terminate their Paramedic responsibilities must
provide a minimum of six months written notice to the District prior to their
termination of paramedic duties.
Section 31 Length of Service Definition (for service awards and vacation
accruals) .
The length of service credits of each employee of the 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 years is reemployed in a permanent
County/District position, service credits shall include all credits accumulated
at time of separation, but shall not include the period of separation. The
Director of Personnel shall determine these matters based on the employee status
records in the County Personnel Department.
35
G66238
Section 3L Unfair' Labor- P'r'actice
Either: thee. D.istri'ct/County or the' Union- may file: an unfair• labor-, pract:im as�
defined= in- Chapter- 34-22� of Resolution-81/1165' aga4nst, the, other... Al'legati'ons'
of an unfAir labor practice,. if, not resolved,' in: discussions! between-,the.- parties
may, bet heard^by a mutua:l'ly agreed',upon" imp'artial.thirdc.p'artyN...
Section 33_ Adoption}
The provisions of thin Memorandum'. of Understanding• sh'a+ll be, made app:licab.leYon.
the. dates indicated; and"upon- approval'• by, then"Board: of Supervisors. Resolutions
and , Ordinances, where necessary, shall be= prepared'. and, adopted, in order .too
implement. these. provi's.ions. It is understood that where: it. is, determined that'
an Ordinance. is required to; implement any of the foregoing': provisions', said
provis.ions sh''al'1 become:-- effective- upon the first day of', the month'• fo11 ow.in'g.
thirty (30) days' after- such' Ordinance; is adop.t'ed,.-
Section, 34 Scope. of Agreement &. SeparabiTity of Provisions<
34'.1' Scope:• of�Agreement. Except: as otherwise specifically provided herein;-.
thi's Memorandum- ofLL 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 constitutesthe entire and
sole:. agreement, between the Parties on any and a]Y matters' which were presented
during the meet and confer process. If a proposaY was made- by either- Party- and
not- incorporated within this Agreement, then it was- considered and rejected.
34.2 Separability of Provisions. Should any section, clause or provision
of this Memorandum of Understanding- be declared illegal, unlawful . or �.
unenforceable, by final judgment of a court of competent jurisdiction, such
invalidation of such' section, clause,- or provision, shall not invalidate the.'
remaining= portions hereof, and such remaining portions, shall remain in full
force: and effect: for- the duration of this Memorandum of Understanding'.
34;3 Personnel Management Regulations. Where a specific. provision
contained' in a secfion� of this Memorandum of Understanding. conflict's with a
specificprovision contained in a section of th'e Personnel Management
Regulations=, the provision of this Memorandum of Understanding, shal I prevail .
Those provisions of the, Personnel Management Regulatibns% within the scope of
representation which" are- not in conflict with the provisions of this Memorandum
off Understand.ing: and.' those provisions: of the Personnel Management Regulations
which are, notwithin the scopeof representation shall- be. considered in full
forcer and. effect.
34.4- Duration of Agreement. This Agreementshall continue in full force
and, effect from January 1, 1984 to and including' December 31,, 1984'. 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 orr terminate- the
Agreement.
36
Section 35 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
fJo_rtthh, above shall be subject, to the grievance procedure.
Date:
United Professional Firefighters,
IAFF, Local 1230 Contrajosta County
37
4
000239
Firefighter Ap.prenticesh.fp Program
Addendum to Memorandum of Understanding
In that the Contra Costa County Fire Protection District has entered into a
Firefighter Apprenticeship Program between the Office of the State- Fire Marshal
on behalf of fire agency employers, and the Federated Firefighters of
California;„ affiliated with the International Association of Firefighters,
AFL-CIO, on behalf of employee organizations, the Contra Costa County Fire
Protection District, and Local #1230, I.A.F.f. agree to abide by the appren-
ticeship standards as approved by the Joint Apprenticeshi'p Committeeand' t'he
Administrator of Apprenticeship.
The Joint Apprenticeship Committee and the Administrator of Apprenticeship sha'•11,
not have jurisdiction over wages, hours and working conditions of Apprentice
Fire/Medics and. other matters within the scope of representation.
Wages and hours for Apprentice Fire/Medics shall be the same as for the
classification of Firefighter. Working conditions for Apprentice Fire/Medics .
shall be the same as for the class of Firefighter, except as otherwise
provided by the Firefighter Apprenticeship Program.
Date:'
ate:
Ben Wright, President/ Harry D. i terman
United Professional Firefighters Director of Personnel
I .A.F.F. , Local #1230 Contra' Costa County
Rob rt Ada s, ice President Willi'am Maxfield,,,Xj ef .
United Professional Firefighters Consolidated Firs Protection District
I.A.F.F. , Local #1230 Contra Costa County
P
38
EXHIBIT A
TO THE MEMORANDUM OF UNDERSTANDING
BETWEEN
CONTRA COSTA COUNTY & UNITED PROFESSIONAL FIREFIGHTERS, LOCAL 1230
FIRE SUPPRESSION AND PREVENTION UNIT
SALARIES
EFFECTIVE February 1, 1984
Class Code Class Title Level Salary Range
RPTA Fire Captain N2-655 2372 - 2883
REWA Fire District Dispatcher N2-386 1813 - 2203
RPWA Firefighter N2-435 1904 - 2314
RPWB Firefighter-Paramedic ' N2-531 2095 - 2547
RJWA Fire Inspector H2-634 2323 - 2823
RWSC Fire Training Coordinator-
Riverview Fire Protection H2-728 2551 - 3101
District
RWSA Fire Training Instructor H2-634 2323 - 2823
RPVA Senior Firefighter N2-503 2038 - 2477
RPVB Senior Firefighter-
Paramedic N2-599 2243 - 2726
RJVA Senior Fire Inspector H2-728 2551 - 3101
RWSB Senior Fire Training
Instructor H2-728 2551 - 3101
RETA Senior Fire District
Dispatcher N2-484 1999 - 2430
RJWB Weed Abatement Specialist H2-109 1374 - 1671
RPWC Apprentice Fire/Medic N2-435 1904 - 2314
39' 000240
EXffB-IT' BY
TO:
FROM: _ _
Name: Rank
SUBJECT: Shift/Station Transfer Request
DATE':
-------------------------------------------------------------------=--=-=------
Current Assignment: Station Shift
This is to request a shift .and/or station transfer as indicated below:
Request Station Transfer To
Request Shift Transfer To _
(Fill in both lines- if requesting a station and shift transfer)
Reason, for Requested Change (Optional),
Signature.
40
Contra Personnel Department
CostaThird Floor, Administration Bldg.
T 651 Pine Street
County Martinez, California 94553-1292
Y (415) 372-4064
Harry D. Cisterman
Director of Personnel
March 23, 1984
Mr, Ben Wright, President
United Professional Firefighters
I .A.F.F., Local #1230
2030 Park Street, Suite B
Concord, CA 94520
Dear Ben:
During the meet and confer sessions for the new Memorandum of Understanding
between your local union and the County, considerable time was spent discussing
your concern that employees from time to time have been assigned certain duties
as a creative means for disciplining employees, and that employees have a right
to appeal letters of reprimand beyond Step 3 of the Grievance Procedure in the
Memorandum of Understanding.
In order to address your concerns and develop an expeditious manner in which
these complaints can be resolved, we are proposing that the following procedure
shall be followed:
- All complaints involving or concerning the assignment of employees
as a disciplinary measure must be filed in writing by both the
complaining employee and the union with the Fire Chief of the
District involved and a copy to the Employee Relations Officer.
- The filing must state why the employee and the union believe the
assignment was made as a means of disciplining the employee.
r
- If the complaint is not resolved to the satisfaction of the union
or the employee, upon request of the union, such complaint shall
be submitted to a panel within five (5) days, excluding Saturday,
Sunday and holidays. The panel shall consist of one member selected
by the union, one member selected by the Fire Chief of the District
involved, and one member selected by random of those hearing officers
already selected to hear appeals with respect to the Personnel
Management Regulations.
- In addition, the union may refer to this panel any grievance protest
ing the issuance of a letter of reprimand which has been processed
through Step 3 of the Grievance Procedure provided in the Memorandum
of Understanding.
- Decisions of the panel on matters properly before them shall be
binding on the parties hereto to the extent permitted by law. The
union and the Fire District involved shall share equally the fees
and expenses of the Hearing Officer.
1pmal 41
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER
000241
'Ben Wright., President -2-
- The panel sha1'1 only consider whether the assignment was made as a
means -of disciplining the employee. The panel shall not entertain,,
hear, decide or rule on whether the assignment was .properly with.in
the cTassification specification. The disciplinary actions listed
in the Memorandum of Understanding cannot be appealed to this ,panel..
Again, the procedure described herein is established for the sole intent and
purpose of addressing the concerns of represented employees of the County Fire
Districts with respect to what they have termed "creative discipline"; an
assignment made for reasons which the employee believes are given to him or her
as a form of discipline.
The procedure described herein shall terminate with the expiration of the
Memorandum of Understanding that becomes effective January 1, 1984 It is not
the intention of the County to continue the panel beyond such date. In pro-
posing the above procedure, the County continues to maintain its right to direct
its employees including, but not limited to, assigning work, ordering overtime,
classifying positions, establishing and revising classification specifications
and/or disciplining employees.
Sincerely,
HarryD sterman
Div : o. Personnel
HDC:tm
cc: M. G. Wingett, County Administrator
Herb Hern, I,E.D.A.
County Fire Chiefs (5)
a ; °
42
Contra Personnel Department
Costa Third Floor, Administration Bldg.
651 Pine Street
CountMartinez, California 94553-1292
Y (415) 372-4064
Harry D. Cisterman
Director of Personnel
March 23, 1984
Mr. Benton Wright, President
United Professional .Firefighters,
IAFF, Local 1230
936 Court Street
Martinez, CA 94553
Dear Mr. Wright:
This letter is to confirm in writing those sections of the Memorandum of
Understanding between Contra Costa County and United Professional Firefighters,
Local 1230, wherein decisions of the County are final and, therefore, not
subject to the grievance procedure. Those sections are as follows:
1) Section 2.9B .
2) Section 12.1 last paragraph
3) Section 13.2 first paragraph
4) Section 14.6. second paragraph
5) Section 15.2
6) Section 25
7) Section 29
8) Section 30. second paragraph
Additionally, the Moraga Fire Protection District has provided Local 1230 with a
set of proposed Administrative Bulletins for the District. The parties agree to
meet and confer prior to June 30, 1984 in an effort to reach agreement on all
these Administrative Bulletins which are subject to meeting and conferring.
If the foregoing is in accordance with your understanding, please indicate your
acceptance and approval in the space provided below.
Date
United Professional Firefighters, IAFF,
Local 1230 Contra Costa County
By
4�
43
Ipma
INTERNATIONAL PERSONNEL MANAGEMENT ASSOCIATION MEMBER 000242
1. MOU Fire Suppression Personnel Res 8-4/184 adptd
2 . United Professional Firefighters