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Home My Public Portal About82-044 (03-16-82)rw ,. RESOLUTION NO. 82 -44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOD ADOPTING THE COMPREHENSIVE MEMORANDUM OF UNDERSTANDING WITH THE LYNWOOD FIREFIGHTERS'' ASSOCIATION WHEREAS, Personnel staff has conducted exhaustive research into the pre- viously negotiated provisions with the Lynwood Firefighters' Association, prepared the attached Comprehensive Memorandum and met in good faith with Association Representatives regarding same; and WHEREAS, Lynwood Firefighters' Association Representatives have studied and-validated the Comprehensive Memorandum; and r WHEREAS, staff has determined that the Comprehensive Memorandum of Under- standing represents a complete and up -to -date compilation of negotiated provi- sions between the City of Lynwood and the Lynwood Firefighters' Association; and WHEREAS, the Municipal Employee Relations Officer, Charles Gomez, and Lyn- wood Firefighters' Association Representatives, Donald Blaydes and William Schultz, have met and agreed to the Comprehensive Memorandum and submit same to the City Council of the City of Lynwood for approval; and WHEREAS, the City Council of the City of Lynwood wishes to approve the attached Comprehensive Memorandum between the City of Lynwood and the Lynwood Firefighters' Association. NOW, THEREFORE, the City Council of the City of Lynwood does hereby resolve as follows: SECTION 1 . The Comprehensive Memorandum of Understanding,which compiles and supersedes previous Memoranda,between the Lynwood Fire- fighters' Association and the Municipal Employee Relations Officer representing the City of Lynwood is adopted. SECTION 2 . This resolution shall take effect immediately upon its adoption. 0 PASSED, APPROVED and ADOPTED this 16tk ATTEST: G , ,, , 1 - - ILAURENE E COFFEY, City Clerk City of Lynwood APPROYO AS TO FORM: C , AID . MC EWEN, City Attorney APPROVED AS TO CONTENT: SANDRA CHAPEK, Personnel_ Manager_ City of Lynwood r r STATE OF CALIFORNIA ) ) ss. COUNTY OF LOS ANGELES ) I, the undersigned, City Clerk of the City of Lynwood, do hereby certify that the foregoing resolution was passed and ado by the City Council of the City of Lynwood at a regular meeting held on the 16th day of Marc 1982. AYES: Councilman Green, Morris, Rowe, Thompson, Byork NOES: None ABSENT: None City Jerk, City of Lyhwoo i I I I I I 1 City- of u' �L 11330 AULLIS ROAD LYNWOOD, CALIFORNIA 902E2 (213) 603 -C220 COMPREHENSIV2 MEMORANDUM OF UNDEFSTA -ri=IG FOR SUBMISSION - 10 TIM L`_N=OD CITY COUNCIL REGARDING THE LYNWOOD FIREFIGIYEER' S ASSOCIATION I I TABLE OF CONTENTS ARTICLE I IMPLEMENTATION . . . . . . . . . . . . . . . . . . . ARTICLE II EMPLOYEE RECOGNITION ... . . . . . . . . . . . . . . . . . ARTICLE III CITY RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE IV STEP INCREASES . . . . . . . . . . . . . . . . . . . . . . . ARTICLE V SALARY/WAGES . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE VI RESIDENCY REQUIREMENTS . . . . . . . . . . . . . . . . . . . ARTICLE VII LONGEVITY PAY'' . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE VIII WORK SCHEDULE . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE IX OVERTIME . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE X UNIFORM AND CLOTHING ALLOWANCE . . . . . . . . . . . . . . . ARTICLE XI DISCRIMINATION . . . . . . . . . . . . . . ARTICLE XII BULLETIN BOARDS . . . . . . . . . . . . . . . . . . . . ARTICLE XIII - .- MILEAGE REIMBURSEMENT . . . . . . . . . . . . . . . . . . . ARTICLE XIV PREMIUM PAY . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE XV EMERGENCY LEAVE . . . . . . . . . . . . . . . . . . . . . . ARTICLE XVI MILITARY LEAVE . . . . . . . . . . . . . . . . . . . . . . . ARTICLE XVII BEREAVEMENT LEAVE . . . . . . . ... . . . . .. . . . . . . ARTICLE XVIII EMPLOYEE'S INSURANCE COVERAGE . . . . . . . . . . . . . . . . ARTICLE XIY PAYROLL DEDUCTIONS . . . . . . . . . . . . . . . . . . . . . ARTICLE XX . . . . . . . . . . . . . . . . . . . . . . . ARTICLE XXI HOLIDAYS . . . . . . . . . . . . . . . . . . . . . . . . . .. ARTICLE XXII VACATIONS . . . . . . . . . . . . . . . . . . . . . . . . . . ARTICLE XXIII SICK LEAVE POLICY . . . . . . . . . . . . . . . . . . . . . . ARTICLE XXIV ACTING SUPERVISORY COMPENSATION . . . . . . . . . . . . . . . ARTICLE XXV PHYSICAL EXAMINATION . . . . . . . . . . . . . . . . . . . . ARTICLE XXVI ARTICLE XXVII ARTICLE XXVIII ARTICLE XXIX ARTICLE M ARTICLE XXXI ARTICLE XXXII ARTICLE =III ARTICLE XXXIV JURY DUTY . . . . . . . . . . . . . . . . . . . . . . . . LEAVE OF ABSENCE . . . . . . . . . . . . . . . . . . . ATTENDANCE . . . . . . . . . . . . . . . . . . . . . . . GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . RETIREMENT . . . . . . . . . . . . . . . . . . . . . . . WORKMEN'S COMPENSATION . . . . . . . . . . . . . . . . . . FULL FAITH AND CREDIT CLAUSE . . . . . . . . . . . . . . . SAVINGS CLAUSE . . . . . . . . . . . DURATION . . . . . . . . . . . . . . . . . . . . . . . . i i I ARTICLE I IMPLEMENTATION The wages, hours and conditions of employment that are set forth in this memo- randum have been discussed and jointly proposed by and between the Municipal Employee Relations Officer of the City of Lynwood (hereinafter called "City ") and the Lynwood Firefighter's Association (hereinafter called "Association ") and shall apply to all employees of Lynwood working in the classifications as set forth herein. The terms and conditions of employment that are set forth in this memorandum have been discussed in good faith between City and Association; and the Municipal Employee Relations Officer agrees to recommend to the Lynwood City Council that all of the terms and conditions of employment as set forth here- in be incorporated in full in a resolution of the City Council or where appropriate, in a policy statement. Upon the adoption of such a resolution and /or policy state- ment, all the 'terms and conditions of this memorandum so incorporated, shall be effective without any further action by either parry. '(Fr= ,City Resolution No. 79 -45, a resolution of the City Council of the City of Lynwood amending the Memo- randum of Understanding with the Lynwood Firefighter's Association. ARTICLE II EMPLOYEE RECOGNITION City hereby recognizes the Lynwood Firefighter's Association as the recognized representative for all members of the Association to the fullest extent allowable under California law applying to public employees and as further defined in Reso- lution No. 69 -26; adopted by the Lynwood City Council on May 20, 1969. The Asso- ciaCion is therefore the recognized bargaining agent for the following,classifi cations: Firefighter Engineer Captain (From City Resolution No. 79 -45, a resolu *_ion of the City Council of the City of Lynwood amending the Memorandum of Understanding with the Lynwood Firefighter's Association) ARTICLE III CITY RIGHTS A. It is understood and agreed that the City retains all of its powers and authority to direct, manage and control to the full extent of the law. Said powers and authority include, but are not limited to, the exclusive rights to: determine its organization; direct the work of its employees; determine the times of operation; determine the kinds and levels of services to be provided, and the methods and means of providing them; establish its policies, goals and objectives; determine staffing patterns; determine the number and kinds of personnel required; maintain the efficiency and City operations; build, move, modify or close facilities; establish budget proce- dures and determine budgetary allocations; determine the methods of raising revenue; contract out work; and-take action on matters in the event of emer- gency. In Addition, the City retains the right to hire, classify, assign, evaluate, transfer, prcmote, terminate and'discipline employees. B. In cases of emergency, the City retains its right to amend, modify or rescind provisi.tis of this memorandum.. Such amendment, modification or rescission shall remain in force only for the period of the emergency. The determination of whether cr nct an emergency exists is solely within the discretion of the City Council. (From City Rescluticn No. 79 -45, a resolution of.the City Council of the City of Lvnuood amending the Memorandum of Understanding with the Lynwood Firefighter's Association) ARTICLE IV STEP INCREASES Section 1. Effective June 1, 1979 any employee hired or promoted to Step A of a different range of pay shall receive the Step B salary at the suc- cessful completion of 5 months upon recommendation of the s Department Head. Increases to Step C, D and E within any pay range be based on satisfactory job performance by the individual and shall be reviewed at least at the following intervals: Step C - One (1) year after the Step S increase Step D - One (1) year after the Step C increase Step E - One (1) year after the Step D increase Section 2 . Employees hired or promoted to any step above A shall receive the next step at the successfOthermpncreasesfwithinttheurangeeshaalllnbetion of the Department Head. followed in the 'method described in Section I. (From City Resolution No: 79 -45 a resolution of the City Council of the City of yn the Memorandum of IInderstanding with the Lynwood Firefighter's association) Sec tion 3 . For those employees under the basic five -step salary plan, the beginning "salary- shall_be at Step "A" or the lowest salary shown for the position. made at other However, where circumstances so warrant, appointment may be than the first step, or after appointment, an intermediate step may be skipped when recommended by the City Manager. Cities of Section 1. Effective on October 1 of the rew fisc Downe and Compton y (hereinafter Vernon, Montebello, Santa Fe Sprirgs, Y called "Area E Cities ") have concluded negotiations with the reS- will pective Fire Department employees, whichever is earli_r, Y increase all ranks an amount to equal the average pay of the Area E Cities for such rank. a) The average pay is defined as the base salary plus any employee contribution for retirement that Area E cities contribute in lieu of the employee. b) Will also include half the amount of dependent's medical insurance that Area E Cities contribute in lieu of their employee, p however, that this portion of average pay shall be calculated by a separate computation apart from the calculation of subsection (a) hereof, and provided further that the City shall not be required to pay more than $30 per month by reason of this subsection (b). Section 2. The average pay, when calculated, will be retroactive:to the first pay- roll period of each fiscal year beginning in July. Section 3. In the event that the Area E Cities negotiations result in a benefit currently not available, the Association may request the City to emend City Resolution the wage formula to include the above benefit. (From No. 79 -45, a resolution of the City Council of the City of Lynwood amending the Memorandum of Understanding with the Lynwood Firefighter's Association) Firefighter Salary Schedule 1981 -82 785.16 827.66 871.60 955.7? I Firefighter 1701.18 1793.26 1888.47 1988.38 2092.40 I X17.61 5 1019.A6 1072.99 1129.10 Fire Engineer 1988.15 2096.41 2208.83 2324.81 2446.39 i 1089.1 11�u.25 1202.29 1261.86 132!.62 Fire Captain 2359.76 2479.20 2604.95 273.03 2870.00 (From Citv Resolution 79 -83, a resolution of the City Council of the City of Lynwood amending salary resolution 79 -41, and Resolution 81 -134, amending salary resolution 81 -86) ARTICLE VI RESIDENCY REOUIREMENT Section 1 . Effective July 1, 1979, any Firefighter hired will be required to locate within 20 minutes normal driving time of the City boundary. The City's determination of the areas included within 20 minutes driving time of the City boundary shall be final and conclusive. This will be required by the end of 6 months from the data of employ- ment. Sect 2. Any Firefighter, Engineer, or Captain employed before July 1, 1979, will be exempt from the residency requirement. (From City Resolution No. 79 -45, a Resolution of the City Council of the City of Lynwood amending the Memorandum of Understanding with the Lynwood Firefighter's Association. ARTICLE VII LONGEVITY PAY After 5 years employment - $250 additional annual pay over base pay After 10 years employment - $500 additional annual pay over base pay After 15 years employment - $750 additional annual pay over base pay ARTICLE VIII WORK SCHEDULE Employees governed by this Memorandum shall work a fifty -six (56) hour schedule consisting of three (3) twenty -four (24) hour shifts in each nine (9) work cycle (commonly referred to as a 3 on - 4 off schedule) which schedule shall average 121.75 shifts per calendar year consisting of 2.922 hours. (From Memorandum of Understanding between the City of Lynwood and the California Teamster's Public, Professional and Medical Employees' Union Local 911, June 30, 1976) ARTICLE IX OVERTIME Effective July 1, 1974, compensation for all overtime worked by the ranks of Firefighter, Engineer, and Captain shall be computed from a base which includes employee's monthly base plus any pensation, longevity pay, premium pay, y ment contributions. (Memorandum of which is subject to deduction of retire Understanding 1974 -75) Employees who work overtime shall be paid in the pay period following over- time worked or the time will be banked the co satiry time of 10 employee ployee shall decide to take the p a y shall be allowed more than sixty (60).hours on the books. (From Memorandum of Understanding between the City of Lynwood and California Tea s Professional and Medical Employees' Union Local 911, g in the event an employee is called back and required to report to work, such employee shall be paid a minimum of two er. hours om Section114tof1City Resolution actual hours worked, whichever is gr `Jo. 80 -66, a resolution of. the City Council of the City of Lynwood setting forth the salaries b classification of its officers and employees, and other benefits) ARTICLE X UNIFORM AND CLOTHING ALLOWANCE Fire personnel for the ranks of Firefighter through Captain shall receive annually a uniform replacement allowance of One Hundred Fifty Dollars ($150). An annual purchase order will be issued for replacement. (From Resolution No. 80-66,'a resolution of the City Council of the City of Lynwood setting forth the salaries by classification of its officers and employees, and other benefits) U i I ARTICLE XI DISCRIMINATION It is agreed that neither the City nor the Association shall discriminate against any employee because of race, national origin, age, sex or Association membership or activity. (From Resolution No. 80 -66, a resolution.of the City Council of the City of Lynwood setting forth the salaries by classification of its officers and employees, and other benefits) It is further agreed that neither the City nor Association shall discriminate against any employee because. of.religion, marital status, political affiliation or a handicap. A bulletin board will be provided for the recognized employees organizations- of fire suppression after review by the Chief. (From Resolution No. 80-66, a resolution of the City Council of the City of Lynwood setting forth the salaries by classification of its officers and employees, and other benefits. ARTICLE XIII MILE AGE. REIMBURSEMENT With the approval of the Department Head and the City Manager, the City will reimburse full -time employees and hourly recreation personnel required to use their personal vehicles for the purpose of conducting City business on the following basis: Mileage Durin- Calendar Month - Amount Pcr Mild 1 - 400 $ .14 401 - 700 $ .13 Over 700 $ .11 Necessity for and payment of out -of -town mileage must be approved by the emp'..o- yee's supervisor. The employee must document the date, destination and begin ning and ending odometer reading from his vehicle in supporting the request. Said information must be logged on Expense Reimbursement form when requesting payment. (From Resolution No. E0 -66, a resolution of City Council of the City of Lyiraood setting forth the salaries by classi '�cation;of its officers and employees and other benefits. ARTICLE XIV PREMIUM PAY To encourage employees in undertaking outside study to the end that they may perform their duties in a more efficient manner, a system of premium pay, over and above established pay schedules, is hereby established. Premium pay is allowable for completed courses of approved subjects at accre- dited schools, and is fixed at $1.00 per month for each semester unit of credit satisfactorily completed by the employee with a grade of "C ".or better. A quarter unit is the equivalent of too- thirds of a semester unit and is compensated at $.67 per month per quarter, unit. Maximum pay is fixed at $40 per month. All courses of study must have prior approval by the Department dead and the City Manager in order to receive premium credit. Accredited schools are hereir, defined as colleges, junior colleges, universities or other schools providing college credit as may be approved by the City Manager. Suitable written certification from the school showing satisfactory completion of each course shall be submitted to the Personnel Officer for personnel records. Premium pay shall commence the first pay period after the first of =ins month following the submission of written certification. The City will contribute 507.of the cost of:tiiition over $10 where the cost of such tuition exceeds the sum of $10 per semester course while the employee is accruing the $40 per month'inaximum pay. The provisions of this section do not apply to hourly employees or employees undertaking an approved course during a regular work day or assigned shift. (From Res. No. 79 -41; Section 4- "Premium Pay ") The City agrees to pay Fire personnel for ranks of Firefighter through captain incentive for job - related educational achievements as follows: 30 units: 21 units Fire Science and 9 units Fire Science (total) curriculum - 2.57 of base salary Upon attainment of 2.57 achievement level, an employee forfeits the $1.00 per semester unit or $.67 per quarter unit accrual to that point. An employee may additionally receive $1.00 per semester unit or $.67 per quarter unit in add- ition to the 2.57 as per current policy, for job - related courses taken subsequent to achieving the 2.57 level with a maximum of $40 per month,or until attaimment of an Associate in Arts degree in Fire Science from an accredited institution at which time such employee shall receive 57 of base salary, as is present policy. An• employee may additionally receive $1.00 per semester unit or $.67 per quarter unit for job - related courses taken subsequent to achieving the 57 level up to a maximum of $40 per month. (From Citv Resolution No. 80 -66, a resolution of the City Council of - the City of Lynwood setting forth the salaries by classifi- cation of its officers and employees, and other benefits) On the job courses during regular work shift shall not qualify for additional pay. Degrees and /or units obtained prior to employment with the City of Lynwood will be approved by the Fire Chief and City Manager if the following criteria is met: 1. Job - related and approved courses. 2. Units of Fire Science 3, Approved courses completed prior to employment with the City shall be excluded from the 11 1.00 per month" provision except as part of either the 2.5% or 5% plateau. (From Memorandum of, Understanding between City of Lynwood and Calif- ornia Teamster's Public, rrofessional and Medical Employees' Union Local 911, August 18, 1977) 0 i i 1 ARTICLE XV 1 EMERGENCY LEAVE i Ia, the event of an emergency, the Department may grant the use of a maximum of two shifts sick leave annually as emergency leave. Application for emergency leave may be made under the following conditions: 1) Hospitalization or illess in immediate family ^_) Death in family not covered by bereavement leave (From Comprehensive MOU of 1974 regarding the Lynwood Firefighter's Association) 3) Other. events which preclude the employee's attendance at work and which the Department Head determines constitutes an emergency. If the Department denies an employee's request for emergency leave, the employee may request in writing that the City Manager review the request. The City Manager's decision shall be final. ARTICLE XVI MILITARY LEAVE Military leave shall be granted in accordance with the provisions of State law. All emplovees entitled to military leave shall give the City Manager an oppor- tunity within the limits of military regulations to determine when such leave shall be taken. (From Comprehensive MOU of 1974 regarding the Lynwood Firefighter's Association) 3 ARTICLE XVII BEREAVEMENT LEAVE Subject to the Fire Chief's discretion and approval, any employee may be allowed up to two full shifts for bereavement purposes. (From City Resolution No. 79 -45, a Resolution the City Council of the City of Lynwood amending the Memorandum of Understanding with the Lynwood Firefighter's Association) Bereavement leave with pay may be granted in the event of a death in the employee's immediate family. "Immediate Family" is defined as mother or father of employee or mate; mate, brother, sister, or children of employees.. (From Resolution No. 69 -2, a resolution amending Pule XI of the Personnel Rules and Regulations adopted pursuant to City Ordinance 671 of The City of Lynwood Governing and regulating "Attendance and Leaves. ") ARTICLE XVIII EMPLOYEE'S INSURANCE COVERACi The City will contribute the employee's share toward any health insurance, accident insurance, or life insurance policies which the City Council agrees to provide. If desired the employee may obtain coverage for members of his family. Such premium shall be borne by the employee and payment will be made by payroll deduction. (From Section 7 of City Resolution No. 80 -66, a resolution of the City Council of the City of Lynwood setting forth the salaries by classification of its offi- cers and employees,.and other benefits) ARTICLE XIX PAYROLL DEDUCTIONS It is mutually agreed that the City will, during the term of this Memorandum of Understanding, deduct monies and remit to the Association as authorized by Employee payroll deduction authorization, regardless the reason for the deduc- tion providing there is not more than two deductions per pay period. - The Association hereby expressly agrees to save and hold the City, its officers, employees and agents free and harmless from and against any and all claims, damages, costs, expenses, losses or liability of any kind or nature whatsoever arising out of or resulting from the deduction. (From Article IX, of Memorandum of Understanding between City of Lynwood and California Teamster's Public, Professional and Medical Employees' Union Local. 911, August 18, 1977) ARTICLE XXI HOLIDAYS Employees working the twenty -four (24) hour shift schedule shall receive five (5) shifts for holidays. Effective January 1, 1978 three (3) holi- days will be used at one time. The remaining two (2) shifts will either be paid or taken as time off at the employee's option. If time off is selected, the shift(s) must be scheduled no later than August 1 or the Fire Chief may choose to schedule the time or authorize the payment. It is understood that holidays and vacations will be in increments cf three (3) shifts or any combination of three (3) shifts. Employees who choose the option of pay for the two (2) holidays must notify the department at vacation signup time. Payment for the two (2) shifts will be the first payroll period in May of each year. (From Article XVIIII of Memorandum of Understanding between the City of Lynwood and California Teamsters Public, Professional and Medical.Employeee Union Local 911, August-18, 1977) ARTICLE XXII VACATIONS Employees working the twenty -four (24) hour shift schedule shall receive annual paid vacation of six (6) shifts off after the first year of service through the seventh year of service; and eight (8) shifts off from the eighth year of service through the fourteenth year, and nine,(9) shifts there after. Employees may at.their option split their vacation into seg meats of three (3) shifts at a time including the three (3) holiday shifts as per Article LKI. (From Article XIX of Memorandum of Understanding between City of Lynwood and California Teamster's Public, Professional and Medical Employees Union Local 911, August 18, 1977) ARTICLE XXIII SICK LEAVE POLICY Sick leave of members of the Fire Department who work on a shift or platoon system shall be granted at the rate of six shifts per year. (Resolution 69 -68) Sick leave shall not be considered as a privilege which an employee may use at his discretion, but shall be allowed only in case of necessity and actual sickness or disability. (Resolution 76 -69) Upon the adoption of this Memorandum, accrual of sick leave shall be limited to a maximum of forty -eight (48) work shifts for which 507 compensation shall be received upon regular service retirement. Sick leave earned in excess of 48 shifts prior to July 1, 1974, shall be retained and frozen effective June 30, 1974 and upon regular service retirement, 507 compensation for said fro- zen sick leave also be received. 257 of sick leave earned beyond 48 'Shifts or the frozen amount shall be annually compensated to the employee at the end of each calendar year. The remaining unused sick leave days shall be accrued for sick leave purposes only at the end of each calendar year. Sick leave accrued beyond the 48 shift maximum or frozen amount after July 1, 1974, shall be used by the employee prior to use of sick leave earned prior to that date. (From Article V, or Memorandum of Understanding between the City Of Lynwood and the Lynwood Firefighter's Association represented by Public Employee's Union, a Division of Teamster Local 986, July 12, 1974): ARTI XXIV ACTING SUPERVISORY COMPENSATION City agrees that should a supervisory position become vacant for reasons of sick leave, leave of absence or .injury on duty status, for a period exceeding thirty days, then the employee replacing said supervisor shall receive com pensation at 'a rate equal to the "A" step of the rate of the supervisory posi- t ion or such step in that range next higher than that rate which the employee in currently receiving. Such additional . compensation would commence on the thirty-first day and would continue until such time as the supervisor returns to work. The supervisory replacement as designated in this article shall be selected by the Fire Chief. - 1 1 1 (From Article VI of Memorandum of Understanding between the City of Lynwood and the Lynwood Firefighter's Association, 1972) ARTICLE XXVI JLri2Y DUTY Fire Department personnel in the bargaining unit who are required to report for jury duty will receive their regular rate of pay less any monies paid by the Court. (From_ Memorandum of Understanding between City of Lynwood and California Team- ----- — -- -- --- .._------ . 1._ TT_ 4__ T., oat Q7.7- A"m,er 1A- ARTICLE XYVI JTI Y DUTY Fire Department personnel in the bargaining unit who are required to report for jury duty will receive their regular rate of pay less any monies paid by the Court. sFrom MPublic,Professionalaand Medical L nion C Team- 911, August 18, stet's Public, 1977) ARTICLE XXVII LEAVE OF ABSENCE The Council may grant a permanent employee an absence without pay for a period not to exceed sixty (60) calendar days. Before the completion of the first sixty day leave of absence where extenuating circumstances are shown the*City Council may grant a second silty day leave of absence. Further, before completion of the second sixty day leave of absence and where extenuating circumstances are shown the City Council may grant a third and final sixty day leave of absence. No such leave shall be granted except upon the written request of the employee. A copy of the Council's action shall be furnished the employee and the 2ersonnel Officer. Upon ex- piration of regularly approved leave, the employee shall be reinstated in the position held at the time leave was granted. Failure on the part of an employee on leave to report promptly at the expiration shall be cause for discharge. (From City Res. No. 72 -24, a Resolution of the City Council of the City of Lynwood amending Resolution No. 2843, Rule XI, Section. 4 of the Personnel System of Rules and Regulations of the City of Lynwood) ARTICLE XXVIII ATTENDANCE Employees shall be in attendance at their work in accordance with the rules regarding hour of work, holidays and leaves. The Personnel Officer may, within his discretion, make written request to the Head of any or all departments that they keep daily attendance records of employees in the Department. when said request are filed with the Department Heads they shall forthwith comply with said request and continue to do so until notified, in writing, by. the Personnel Officer that said records will no longer be required. The Personnel Officer may, however in his discretion, request the Department Head to follow some other method of recording attendance of employees, whereupon the Department .'.lead shall comply. All such request by the Personnel Officer shall be in writing and filed in the office of the Department Head. The Personnel Officer, acting within his discretion, may request that such attendance records of employees as are required or requested by him, shall be reported to him by the Department Head at such inter- vals and in such form as the Personnel Officer shall designate; provided, however, that said time of reporting and the form thereof shall, as far as possible,,be standard and uniform. Failure on the part of an employee, absent without_ leave, to return to duty within 24 hours after notice to return, shall be cause for irne- diate discharge, unless acceptable reason is given. (From Resolution No. 69 -2, a resolution amending Rule XI of the Personnel Rules and Regulations adopted pursuant to City Ordinance 671 of the City of Lynwood governing and regulating "Attendance and Leaves ") ARTICLE XXIX GRIEVANCE PROCEDURE The purpose of grievance procedures: a) To promote improved Employer - Employee relations by establishing procedures on matters. b) To provide that grievances shall be settled as near as possible to the point of origin. c) To provide that the grievance procedures shall be as informal as possible. A "grievance" shall be defined as a controversy between the City and the Union or an employee or employees covered by this Memorandum of Understanding. Such controversy must pertain to any of the following: a) Any matter involving the interpretation of any provision of this Memorandum of Understanding; or b) Any matter involving the violations of any provisions or intent of this Memo - randum of Understanding; or . c) Any matter involving the interpretation or application of the Rules or Regu- lations of the City or the Fire Department. There shall be an earnest effort on the part of both parties to settle grievances promptly through the steps listed below: Steo 1 : An employee's grievance must be submitted to his first line Supervisor or Management Representative immediately in charge of the aggrieved employee within fifteen (15) calendar days after the event giving rise to the grievance. The Supervisor or Management Representative will give his answer to the employee by the end of the fifth (5th) calendar day following the presentation of the grievance and the giving of such answer will terminate Step 1. Grievances which are not settled pursuant to the grievance procedure herein and which either party desires to contest further, shall be sub- mitted to advisory arbitration as provided in this Article. As soon as possible and in any event not later than ten (10) work days after either party received written notice from the uther o desire t o arbitrate, the parties shall agree upon an arbitrator. a ment is reached within said ten (10) days, an arbitrator shall be selected from a list of seven (7) arbitrators submitted by the Federal Mediation and Conciliation Service by alternate striking the names until one name from the panel shall be determined by lot. Either the City or the Union may call any employee as a witness, and the employer agrees to release said witness from work if he is on duty. If an employee is called by the City, the City shall reimburse him for lost time; if called by the Union, the Union shall pay the expense. The arbitrator shall have no power to alter, amend, change, add to, or substract from any of the terms of the Agreement. The decision of the arbitrator shall be based solely upon the evidence and argu- ments presented to him by the respective parties in the presence of each other. The decision of the arbitrator within the limits herein prescribed shall be advisory only. The advisory decision will be submitted to the City Manager. In the event no action is taken by the City Manager within twenty (20) days the decision of the arbitrator shall be the final and binding decision on all parties. The arbitrator may hear and determine only one grievance at a time with- out the express agreement of the City and the Union. The parties shall share equally the expense of the cost of arbitrator with the exception of counsel's fees. (From Memorandum of Understanding between City of Lynwood and California Teamster's Public, Professional and Medical Employees' Union Local 911, August 18, 1977). ARTICLE XXX RETIR Safety personnel are eligible for normal service retirement at age 50. Com- pulsory retirement age is 60. Formula for safety service retirement is 2 at age 50. The City of Lynwood has amended its contract with PERS so that retirement compensation is computed on the employee's one year's highest earnings. ARTICLE )=I WOPM EN'S COITENSATION Under the provisions of the Workmen's Compensation Insurance and Safety Act of California, employees are compensated for injuries sustained in the course of employment rendering them unable to perform their duties. ARTICLE =11 FULL FAITH AND CREDI'Z CLAUSE For purposes of administering the terms and provisions of the various ordi- nances, resolutions, rules and regulations which may be adopted by the City pursuant to this Memorandum of Understanding, all matters resolved in Memo- randums of Understanding for prior years, all resolutions of the City Council, and all existing matters resolved regarding wages, hours, fringe benefits and conditions of employment prior to Myers - Milias -Brown Act of 1968, will remain unchanged and unaltered except where expressly changed or altered in this Memo- randum of Understanding. ARTICLE =III SAVINGS CLAUSE Any resolution of the City incorporating any provisions of this memorandum shall provide that if any provision of this memorandum or such resolution of any kind is at any time or in any way held to be contrary to any law by any court of proper jurisdiction, the remainder of this memorandum and the remainder of such resolution shall be affected-thereby and shall remain in full force and effect. a I ARTICLE XXXIV DURATION This agreement is to cover said employees for three (3) years from July 1, 1979 to June 30, 1982. 3 +A In witness whereof, the parties hereto have caused their duly authorizes repr- sentatives to execute this Memorandum of Understanding on March 1 , 1982 Employee Relations Officer of the City of Lynwood /A Munici 1_CCorpO By Date this 1st day of March , 1982 Lynwood Firefighter's Association By I Date this 1st day of March 1982