HomeMy Public PortalAbout84-069 (06-19-84)RESOLUTION N0, g4-69
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LYNWOOll
ADOPTING COMPREHENSIVE MEMORANDUM OF UNDERSTANDING WITH
THE LYNWOOD FIREFIGHTERS ASSOCIATION
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WHEREAS, collective bargaining was conducted in good faith by desig-
nated representatives of the City of Lynwood and a bargaining team from the
Lynwood Firefighter's Association; and
WHEREAS, agreement has been reached between the designated represen-
tatives of the City of Lynwood and the Lynwood Firefighter's Association; and
WHEREAS, Exhibit A the Comprehensive Memorandum of Understanding has
been approved by the Municipal Employee Relations Officer, ratified by the Lyn-
wood Firefighter's Association and signed by the authorized representatives;
NOW, THEREFORE, the City Council of the City of Lynwood does hereby
find, determine, order and resolve as follows:
Section 1. The Comprehensive Memorandum of Understanding (Exhibit A),
which includes all agreed upon provisions and supercedes the previous memorandum,
between the City of Lynwood and the Lynwood Firefighter's Association is adopted.
Section 2. That relevant resolutions and policies be prepared as
necessary to reflect the provisions of the attached Comprehensive Memorandum
of Understanding (Exhibit A).
Section 3. This resolution shall become effective immediately upon
its adoption.
PASSED, APPROVED and ADOPTED this 19thday of June 1984.
E. ORRI.yor
City of Ly ood
ATTEST:
ANDREA L. HOOPER, City Clerk
City of Lynwood
APPROVED AS TO CONTENT:
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SA RA CHAPEK, Personnel Manager
APPROVED AS 'LO FORM:
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City Attorney
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STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES )
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I, the undersigned, City Clerk of the City of Lynwood,
do hereby certify that the foregoing resolution was passed and
adopted by the City Council of the City of Lynwood at a regular
meeting held on the 19th day of June 1984.
AYES: COUNCILMEN HENNING, ROWE, THOMPSON, MORRIS
NOES: NONE
ABSENT: COUNCILMAN BYORK
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City Clerk, City of Lyn ood
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"EXHIBIT A"
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City of
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- ~~ ~~ ~ 11330 BUWS ROAD
LYNWOOD, CALIFORNIA 90252
_ ~ (213)603-022D
COMPREHENSIVE
MEMORANDU24 OF UNDERSTANDING
FOR SUBMISSION TO THE LYNWOOD CITY COUNCIL
REGARDING THE LYNWOOD FIREFIGHTER'S ASSOCIATION
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TABLE OF CONTENTS
ARTICLE I Z'~'LEi~NTA120N
ARTICLE II EMPLOYEE RECOGNITION
ARTICLE III CITY RIGHTS
ARTICLE N STEP INCREASES
ARTICLE V SALARIES/WAGES
ARTICLE VI PROMOTIONAL EXAMINATIONS
ARTICLE VII LONGEVITY PAY -
ARTICLE VZZI WORK SCHEDULE
ARTICLE IX OVERTIME
ARTICLE X UNIFORM AND CLOTHING ALLOWANCE
ARTICLE XI DISCRIMINATION
ARTICLE XII BULLETIN BOARDS
ARTICLE XIII MILEAGE REI*SBURSEMENT
ARTICLE XIV EDUCATION INCENTIVE PAY
ARTICLE XV EMERGENCY LEAVE
ARTICLE XVI MILITARY LEAVE
~'' ARTICLE XVII BEREAVEMENT LEAVE
ARTICLE XVIII EMPLOYEE'S INSURANCE COVERAGE
ARTICLE XIX PAYROLL DEDUCTIONS
ARTICLE XX NO STRIKE
ARTICLE XXI HOLIDAYS
ARTICLE XXII VACATIGNS
ARTICLE XXIIZ SICK LEAVE POLICY
ARTI~.,LE XXIV ACTING IN A HIGHER RANK
ARTICLE XXV PHYSICAL EXAMINATIONS
ARTICLE XXVZ NRY DUTY
ARTICLE XRVZI LEAVE OF ABSENCE
ARTICLE XXVIIZ ATTENDANCE
~ ARTICLE XXLX GRIEVANCE AND DISCIPLLVARY APPEAL PROCEDURE
~ ARTICLE RRX RETIREMENT
ARTICLE XXXI WORKMEN'S COMPENSATION
ARTICLE &4XII EMERGENCY MEDICAL TECHNICIAN I CERTLFICATION
ARTICLE XXXIII ACCRUAL RATES
ARTICLE XXXIV CINDER REFERENCES
ARTICLE X~V FULL FAITH AAU) CREDIT CLAUSE
ARTICLE XXRVI SAVLYGS CLAUSE
ARTICLE R3QCVZI DURATION
ARTICLE I
~LEMENTATIOri
The wages, hours and conditions of employment that are set forth in this
memorandum 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 cal-
led ''Association'') and shall apply to all employees of Lynwood working in
the classifications as set forth herein. Tha terms and condition of employ-
ment 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 fort:: herein be incorporated in full in a - i
resolution of the City Council or where. appropriate, in a policy statement.
IIpon the adoption of such a resolution and/or policy statement, all the
terms and conditions of this memorandum so incorporated, shall be effective
without any further action by either party.
ARTICLE II
E2L°LOYEE RECOGNITION
City hereby recognizes the Lynwood Firefighter.'s Association as the recog-
nized repraseatative for all members of the Association to the fullest extent
allowable under California law applying to public employees and as further
defined is Resolution No. 82-53; adopted by the Lynwood City Council on April
6, 1982. The Association is therefore the recognized bargaining agent for
tha following classifications:
Firefighter
Bagineer
`:Captain
ARTICLE III
CITY RIGATS
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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 ser-
vices to be provided, and the methods and means of providing them; esta-
blish its policies, goals and objectives; determine staffing patterns;
determine the number and kinds of personnel required; maintain the effi-
ciency and City operations; build, move,. modify or close facilities;
,establish budget procedures and determine budgetary allocations; deter-
mine Che methods of raising revenue; contract out work; and take action
oa matters in the event of emergency. Ia addition, the City retains the
right to hiie, classify, assign, evaluate, transfer, promote, terminate
and discipline employees. J
B. In cases of emergency, the-City. retains its right to amend, modify or res-
cind provisions of this memorandum. Such amendment, modification or res-
cission shall remain in force only for the period of the emergency. The
determination of whether or not an emergency exists is solely within the
discretion of the City Council.
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AR"ZCLE IV
STEP INCREASES
Section 1. Any employee hired or promoted to Step A of a different range
of pay shall receive the Step B salary at the successful com-
pletion of 6 months upon recommendation of the Fire Chief. In-
creases to Step C, D and E within any pay range shall 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 B 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 successful completion of 6 months upon recommen-
dation of the .Fire Chief. Other increases within the range shall
be-followed in the method described. in Section 1.
Section 3. New employees shall be appointed at the first step of the salary
-.range to which their class is assigned, except that when the edu-
cation and previous training or expezience of a proposed employee
are substantially superior to`those required of the class and jus-
"tify a beginning salary in. excess of such minimum compensation.
'Upon recommendation of the Fire Chief, the City Manager may autho-
- ,size an appointment to this position at any higher step. The Fire
Chief shall submit his recommendation to the City Manager in such
` form,-together with such information as the City Manager may re-
- quire - _:.
ARTICLE V
SALARIES/WAGES
Effective the first full pay period in July 1984 the City will increase by 3Y.
the salaries of all employees in this unit.
Effective the first full pay period in July 1985 the City will further increase
by 7Z the salaries of all employees in this unit.
If the Jarvis initiative passes on November 6, 1984; the City has the option to
reopen Articles IV and V of .this Memorandum of Understanding for negotiations._..___..__
ARTICLE VI
PROMOTIONAL EXAMINATIONS
Promotional examinations for the ranks of Engineer and Captain shall be sche-
doled on an alternating basis such that each respective examination shall be
administered at two (2) year intervals. The lists resulting from such exami-
nations shall remain valid for a period of two (2) years, provided that the
Fire Chief has approved the lists. If the Fire Chief determines that any
such list is inadequate to meet the needs of the department, he may, at his
discretion, request that the Personnel Board declare the list invalid. If
the request is granted, the Fire Chief may schedule additional examinations
on an as-needed basis. The lists resulting from such interim examinations
shall remain valid until the next regularly scheduled examination, subject
to the provisions of this article.
In the event that the results of a Captain's examination do not provide
as acceptable promotional list, and a vacancy occurs in the rank of Captain
before another examination is held, the vacancy shall be filled by a quali-
fied applicant from outside the department.
ARTICLE VIZ
LONGEVITY PAY
PIR.°FIGETER
After 5 years employ~at - $250 additional affiual pap over base pay
After l0 years employment- $500 additional annual pay wer base pay
After 15 years employment- $750 additional annual pay over base pay
ENGL'*IEER
After
Af 5 gears employment - $Z75 additional annual pay wer base pay
ter 30 years employment- $525 additional annual pay wer base pay ~
After 15 years amploymeat- $SOO additional annual pay wer base pay
After 20 years employment-
- $1058 additional annual pap wer base paq
CAPTAIN
After 5 years employment $300 additional annual pay wer base pay
After IO years employment- $600 additional. annual paq wer base pay
After IS years employment- $900 additional annual pay over base pay
• After 20 years employment- $1200 additional annual . pay over base pay
The above annual arounts are coxrverted to biweekly amaurrts an3 received
-- through normal_ Payroll -
ARTICLE VIII
WORK SCHEDULE
Employees governed by this Memorandum shall work a fifty-si.~ (56) hour schedule
consisting of three (3) twenty-four (24) hour shifts in each nine (9) work cycle
(commonly referred to as a 3 oa - 4 off schedule) which schedule shall average
121.75 shifts per calendar year consisting of 2,922 hours, except employees
cwerad by this Memorandum who are in positions designated as 40 hour positions
by the Fire Chief and City Council. Such employees shall work 40 hours per week.
ARTICLE IX
OVERTIME
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 salary, plus any special assignment compensation, longevity pay, educa-
tion pap, and any other compensation received which is subject to deduction
of retirement contributions.
Employees who work overtime shall be paid in the pay period following over-
time worked or the time will be banked for compensatory time off.. The employee
shall decide to take the pay or the time off immediately. No employee shall
be allowed more than sixty (60) hours on the books.
In the event of an emergency fire or disaster, off duty employees called back
and requested to work shall be compensated for the first eight (8) hours of
such work at an hourly rate computed oa the basis of a forty (40) hour work
week. The bi-weekly base, pay of the employee shall be divided by eighty (80)
hours to arrive at the hourly rate. All hours worked in excess of eight (8)
hours shall be compensated at the. employee's regular straight time rate. If
such emergency call-in occurs within 2 hours of an employee's regularly sche-
duled workshift the employee will be paid his regular rate for the scheduled
shift.
Employees required to appear in court while off duty shall be compensated at
the emergency rate as specified above.
In the event an employee is tailed back and required to report to work, such
,employee shall be paid at a minimum of two (2) hours or .the actual hours worked,
whichever is greater, at either straight time or the emergency fire/disaster
rate, whichever is applicable. In lieu of pay the actual hours of overtime
worked may be banked for compensatory time off.
ARTICLE X
UNIFORM AND CLOTHL~IG 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.
Effective first full pay period in July of 1983 the annual uniform allowance
will be Two Hundred Dollars ($200), of which $50 shall be provided in cash
for purposes of maintenance of uniform.
ARTICLE XI
It is agreed that neither the City nor the Association shall discriminate
against any employee because of race, national origin, age, sex or Associa-
tion membership or activity. It is further agreed that neither the City nor
Association shall discriminate against any employee because of religion, mari-
tal status, political affiliation or a qualified physical or mental handicap.
ARTICLE RZI
BULLETIN BOARDS
A bulletin board will be provided for the recognized employees organizations
of fire suppression after review by the Fire Chief.
With the approval of the Fire Chief and the City Manager, *_he City will
reimburse full-time employees required to use their personal vehicles for
the purpose of conducting City business at the rate of .21~ per mile.
The employee must document the date, destination and beginning and ending
odometer reading from his vehicle in supporting the request. Said infor-
mation must be logged on Expense Reimbursement form when requesting payment.
ARTICLE RZV
EDUCATION INCENTIVE PAY
To encourage employees in undertaking outside study to the rend that .they
may perform their duties in a more efficient manner, a system of education
pay, over and above established pay schedules, is hereby established.
Education pay is allowable for completed courses of approved subjects at
accredited 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 two-Thirds of a semes-
ter 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 apgroval by the Fire Chief and the
City Manager in order to receive education credit. Accredited schools
are herein 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 com-
pletion of each course shall be submitted to the Personnel Officer for
personnel records. Education pay shall commence the first pay period
after the first of the month following the submission of written certi-
fication.
The City will contribute 507. of the cost of such courses, excluding the
first $10 and anp non-instructional. fees, up to a maximum of $30 per '~
semester course or $20.per quarter course while the employee is accruing
the per unit educational incentive pay.
The provisions of this section do not apply to employees undertaking an
approved course during.a regular work day or assigned shift..
The City agrees to paq Fire personnel for ranks of Firefighter through
Captain incentive fo= job-related educational achievements as follows:
30 units: 21 units Fire Science and.9 units Fire Science curriculum -
~total) 2.57. of base salary -
IIpan attainment of the 2.57 achievement level, an employee forfeits the $1.00
per semester unit or $.67 per quarter unit accrual to that point. An emplo-
yee may additionally receive $1.00 per semester unit or $.67 per quarter unit
is addition to the 2.59 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 attainment of an Associate in Arts degree in Fire Science from an accre-
dited institution, at which time such employee shall receive 57. of base salary,
as is present policy.
An employee may receive additional incentive pay for approved job related
courses taken subsequent to the 57. level. The maximum number of units eli-
gible for such compensation is 40 semester units or 60 quarter units. Units
acquired prior to July 1, 1482 shall be compensated at the rate of $1.00 ~
per semester unit and $.67 per quarter unit. Courses completed after July
1, 1982 shall be compensated at the rate of $1.50 per semester unit or $1.00
per quarter unit.
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 bq 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 "per uaiL pay" provision except as part of either
the 2.57. or 57. plateau.
ARTICLE XV
EMERGENCY LEAVE
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 emer-
gency leave may be made under the following conditions:
1) Hospitalization or illness in immediate family
2) Death in family not covered by bereavement leave
3) Other events which preclude the employee's attendance at work and which
the_Department Head determines constitutes an emergency. If the Depart-
caent denies an employee's request for emergency leave, the employee may
request in writing that the City Manager review the request. The City
Manger`s decision shall be final.
ARTICLE XVI
MII.ITARY LEAVE
Military leave shall be granted in accordance with the provisions of State
law. A11 employees entitled to military leave shall give the City Manager
an opportunity within the limits of military regulations to determine when
such leave shall be taken.
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.
Bereavement leave with pay may be granted in the event of a death in the
employee's immediate family. "Z®ediate Family" is defined as mother or
father or grandparents of employee or mate; mate, brother, sister, children
or grandchildren of employees.
ARTICLE XVIII
EMPLOYEE'S INSURANCE COVERAC~
Effective August 1, 1982-the City shall contribute up to $100 per month per
full-time employee toward Health Insurarca premiums, This contribution
will be applied to the premium for the employee. If the employee elects
to have dependent coverage under the existing health plans, the City will
apply the .difference between .the premium for the employee and $100 toward
dependent coverage: The"employee must pay the remaining premium. Such
payment will be made. by payroll deduction. Zf the premium for employee
coverage exceeds $l00 .the City will continue to pay the entire premium
for employee coverage only.
Effective with the. first full pap period beginning in July, 1983 the City
will increase its contribution toward Health Insurance up to $175 per emplo-
yee per month. All of the conditions stated in paragraph 9~1 shall apply to
the $175 per employee per month contribution for the remainder of this agree-
ment June 30; 1984..
Effective August 1, 1982 the deductible for those 'employees covered by the
Aetna Health Plan shall be increased to $150 per employee per year and $300
per family per year.
As soon as possible the City will put into effect the Health Net Group Prac-
tice Dental Plan as agreed. The City will pay the full cost of premiums for full-ti7
employees and their eligible dependents for the duration of this agreement
June 30, 1984. -
The City will continue to provide $5,000 life insurance for full-time classified
r-- employees in accordance with current practice.
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ARTICLE XIX
PAYROLL DEDUCTIONS
It is mutually agreed that the Citp 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
deduction providing there is not more than two deductions per pay period.
The Association hereby expressly agrees to save and hold the City, its offi-
cers, employees and agents flee 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.
ARTICLE
i70 STRIKE
A. prohibited Conduct
Section 1. The Association, its officers, agents, representative and/or
members agree that during the term of this Agreement they will
not cause or condone nay strike, walkout, slowdown, sick-out,
or any other job action by withholding or refusing to perform
services.
Section 2. t:ay employee who participates in nay conauct prohibited in Sec
tion 1 above, shall. be subject to termination by the City.
Section 3. In addition to any other lawful remedies or disciplinary actions
available to the City if the Association fails, in good faith,
to perform all responsibilities listed below in B, Section 1,
the City may suspend any and all of the rights, privileges,
accorded to the Association under the Employee Relations Reso-
Iutian is this Agreement including, but not limited to, right
of access, check-off, the use of the City bulletin boards and
- facilities.
B. Association Responsibility
Section 1. In the event that the Association, its officers, agents, repre-
sentatives, or members engage is any of the conduct prohibited
in A, Section 1, above, the Association shall immediately in- .
struct nay persons engaging in such conduct that their conduct
is is violation of this Agreement and unlawful and they must
.immediately cease engaging in conduct prohibited is A, and return
to work. ;-
Section. 2. If the Association performs all of the responsibilities set fo~i
in Section 1 above, its officers, agents, representatives shah
not be liable for damages for prohibited conduct performed by
employees who are covered by this Agreement in violation of
__ Section 1 above.. __- _.
U ARTICLE XRI
fiOLIDAYS
Employees working the twenty-four (24) hour shift schedule shall receive six
(6) shifts for holidays. The employee- shall have the option of being paid
for holiday shifts or taking them as time off. If time off is selected, the
shifts must be scheduled according. to departmental policy or the Fire Chief
may choose to schedule the time or authorize-the payment.
Holidays taken off may be selected in any increments (1-2-3, etc.). However,
if taken in less than total amount,. they must be signed for oa a seniority
basis one pick at a. time. .A11 tiolidags must be signed up to be taken off by
August 1st or employee vilT be~si3?.far.-'time'ia November.
Employees who choose the option of^pay for any holidays must notify the
department at vacation signup time. One-half payment-will be received on
the first payday following Mardi 15, and on the first payday following
Xovember 15.
ARTICLE XXII
VACATIONS
The purpose of annuzl vacation leave is to enaiile.each eligible employee annually
to return to work mentally refreshed. A minimum of six (fi) shifts annually is
established for this purpose. Employees who have not. completed at least sin (6)
months City employment are ineligible for vacation leave time; however,.vacation
credits for the time shall be granted to each such employee who remains in City
service the full.six months. It is recognized that the current scheduling prac-
tice in the Fire Department may require that some eligible Fire personnel use
vacation Hours prior to earning tnem. tt is understood and agreed that employees
shall repay the City for any use of unearned vacation time prior to leaving City
employment.
For those employees working the. 56-hour shift schedule annual vacation credits
are earned at the rate of six (6) shifts (144 hours) Yn the first through the
seventh year of continuous service; eight (8) shifts (192 hours) in the eighth
through the fourteenth year of continuous service; ten (10) shifts (240 hours)
thereafter. r- r=;:
Shift employees may at their option split their vacation, subject.to departmental
policies and operational needs, into segments.of 3 shift increments. Those with
ARTICLE XXIII
SICK LEAVE POLICY
Sick leave of members of the Fire Department who work on a shift or platoon
l system shall be granted. at. the rate of six (6) shifts per year. Sick leave
shall not be considered as a privilege which an employee may use at his dis-
cretion, but shall be allowed only in case of necessity and actual sickness
or disability. La no event wi12 sick leave with pay be granted in excess of
that which is accrued.
In order to receive compensation while absent on sick leave, the employee shall
notify his immediate supervisor in accordance with departmental policy, unless
.notification is physically fmpractical. A physician's certificate or personal
statement will be submitted for absences of two shifts or more. The City may
require a physician's certificate and release to return to work whenever there
is reasonable cause to believe that there has been an abuse of sick leave or
when there is reasonable doubt as to the employee's ability to perform his duties
satisfactorily and safely. The City maintains the right to discipline any employee
for excessive absenteeism..
There shall be a sick leave-pay off program. This program uses a sick leave limit
of fifty-two (52) shifts and the frozen amount, if applicable, which consists of
sick leave hours earned in excess. of 52 shifts prior to July 1, 1974 and retained
and frozen as of that date. The method of compensation shall be on a straight time
pay basis at the rate of pay in effect at the. time of pay off. The pay off program
has three elements: retirement,. resignation or termination and annual compensation.
. , .,.. ;
For purposes of the pay off program retirements are_*limited solely to regular service
(non-disability) retirements. Upon regular service (non-disability) retirement em-
ployees shall receive 507,-compensation for unused sick leave hours up to the maximum
of fifty-two (52) shifts. '507 compensation shall, also be received for the sick
leave hours frozen as. of June 30, 1974:
For purposes of the pay off program resignations and terminations shall exclude ter-
minations for cause and retirements. Upon resignation or termination as specified
herein and only after ten (10) years .of continuous City service, employees shall be
compensated for one-quarter (~) of their unused`'sick leave hours up to the maximum
of fifty-two (52) shifts. 257. compensation shall also be received for the sick
leave hours frozen. as of June 30, 1474.
8 shift vacations may take one selection of 2 shifts and employees with 10 shifts
may take 1 shift as a separate pick. Those with 8 and 10 shift vacations shall
have the option of taking time.off or receiving pay for the vacation shifts above
the 6 shift miaimu@. If .the payment option is selected, those with.8 shift vaca-
Yfon~s shall receive two (2) of those shifts in pay and those-with ten (10) shift
vacations shall receive either one or four shifts in pay as they so designate.
Payment shall be received..on-the first payday in November.
Employees assigned to a 40 hour work week shall earn vacation hours at the rate of
80 hours (10 days) in the first through seventh year of continuous service; 120
hours (15 days) in the eighth through the fourteenth year of service; 160 hours
(20 days) thereafter. - -
Payroll accrual rates for shift employees and those working the 40 hour week are
as specified in Article XXRIII of this Memorandtm.
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The annual compensation element of. the sick leave pay off program provides as follows.
25~ of the sick leave earned beyond 52 shifts or the frozen amount shall be annually
compensated to the employee at the end of each calendar year. The remaining 759< of
such excess sick leave remains on. the books but shall be used for actual sick leave
purposes only and shall not entitle the employee to any additional compensation. Sick
leave accrued beyond the 52 shift maximum or frozen amount sh~l7: be used prior to the
earlier earned sick leave.
ARTICLE XXIV
ACTING IN A HIGHER RANK
If an employee is designated to serve in a higher rank on an acting basis,
such.empioyee shall be paid a one-time bonus of one hundred dollars ($100),
provided that the employee meets the minimum qualifications of the higher
position, including having passed the appropriate examination. The employee
shall be paid this bonus subsequent to qualifying on each new eligibility
list and shall be paid-the first time the employee is so designated.
At such time as the incumbent of a higher rank position becomes temporarily
absent for reasons of sick leave, leave of absence or injury on duty status,
for a period exceeding thirty days, then the employee replacing said super-
visor shall receive compensation at a rate equal to the "A" step of the rate
of the supervisory position or such step is that range next higher than that
rate which the employee is 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 supervisorq replacement as designated
in this article shall be selected by the Fire Chief.
ARTICLE XXV
PHYSICAL ERAMINATIONS
It is mutually agreed that the City, during the term. of this Memorandum of Under-
standing, will endeavor to provide periodic physical examinations for City employees
as funds are allocated for this purpose. The Association supports the City's phy-
sical examination program. The physical examination for fire service. members shall
include an ERG stress,_test.
ARTICLE YRVI
JURY 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.
ARTICLE XRVII
LEADS OF ABSENCE
A permanent classified employee may be granted an unpaid leave of absence of
up to thirty X30) days for medical, military or personal and other reasons. )
Extensions.may also be granted for successive periods of up to thirty (30) days
each up to a maximum of one hundred eighty consecutive days. Benefits shall not
accrue during the term of an unpaid leave of absence nor does such time count as
service time for step increases,. seniority or other purposes. A11 requests for
unpaid medical. or military leave must be in writing.. and sahmitted for department
head and City Manager approval. All other requests for leaves of absence must
be submitted in writing and be approved by the City Council. Requests. for medi-
cal leave and extensions of medical leave must be accompanied by a certificate '
from the employee's physican stating the necessity for the leave or extension.
An employee returning from medical leave shall present a certificate from the
employee's physician stating that the employee is able to .return to his/her
normal work. The City may, whenever it appears justified, independently verify
the physician's statements provided for in this.section. During the term of such
medical leave the City shall continue to pay the health insurance premiums far the
employee only.
__ _
Upon expiration of an approved unpaid leave of absence the employee ,shall be rein-
stated 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 of such leave shall
be cause for discharge. ,
ARTICLE XR~IIII
ATTENDANCE
Employees shall be in attendance at their work in accordance with the rules
regarding hours of work, holidays and leaves. If as employee is unable to
report to work, he must notify his supervisor in accordance with departmental
policy. Failure to do so may result in disciplinary action. Any employee who
is unable to report to work for a period in excess of two (2) shifts must be
on paid. leave status (vacation, holiday or sick leave) or must apply to the
department head for an unpaid leave of absence. Failure on the part of an
employee,. absent without leave, to return to duty within 24 hours after notice
to return shall be deemed a resignation unless an acceptable reason is given..
Such notice to return shall be sent by registered mail to the addressee only, '
return receipt requested. It is the responsibility of the employee to notify
the supervisor and the Personnel Department of any change of address or tele-
phone number.
~ _ ARTIC*.S SIR'
~~
GRIEVANCE AND DISCIPLINARY APPEAL P1tOCrDIIRE
- _ ~.,
A:"Griavanca" shall be-defined'as a-eoatravarsg between the City and the
ABgociatioa or sa employee or employees covered by this Agreement_ Such
~""'^ caat`roversy mast pertain to nag of the following= CI) Any matter relating.
ta:workiag conditioas,.(2j Any mattes involving the.iaterpretatioa or app2'i- -
catiaa of any pravisioa~o£ this Agreement, or C3) Ang matter involving tYi'e
violation of ang provisiasr.or inteat_of-this Agreemeat:eacept any articles`
aad:pravisioas which: state-that-they are not subjectta this Artiele_ "An .
sppesl-of a:diaeiplinaxg action=; iaeIncFiag_saspeasiaa, discharge for cause,.
des~tioa.or discipliaaryreductiaa ia.pay, shall iaitiallg be submitted at
Stctp•3•r aad.eaataia s auceiact written:statemeat.of the basis of appeal,
within five. C5)'.wo=king. days` o£ the: imposittag af. dfscipliae_ All written
za2apoases ta.a discipliaarg appeal will apecify reasaas for the decision and
iaEars.the e~rloyes of the appeal: procedure.aad applicability of Section 1094.6
- of the- Code: a£ Cfvil Fraeedure: lisgftinE tFie. -time: within which. Legal sctiaas
`..mast be camZaeaced~ ^ Y
Tf>@rer ,ahall be; as_ aaraest' effort. as the: part of both parties to settle. grie~-
vaacas promptly through, the: steps-listed:_beIaca_, The.emplogee.maq request the
assaistaace:of~.a:.representative of-his:awa-choosing fa preparing-and presenting.
.~ grievance. .Either party*.ta:the:grievaace-may invite persons wins relevant
'fafazmatioa to be-preaeat For purgoses of this procedure "working days" refer
ta~Monday-throagh.Friday„ 8 OQ A23.ta 5.00 PM,.,aad excludes weekends and holidays.
„ Stew- T_ 'A;a. amplape¢"s: g=ievaaee-must be oral3p discussed wiL2z: the- Captain
x~E~ediatelp~.fg cbar3e. of the::-aggrieved employee-within. five- CS )'
-* ":eorking days a£te=-the eveat.giving:rise.tn the grievance,. or five
r -(3~ working days after the date: that he- should have bees reasonably
- ";,~c~pacted: to have` had° knowledge: of: the grievance. The- Captain will
`,:=give=. his- answer. tc the employee- by: the. cad o£ the aecaad Clad) working
._'dasy followiag.the: presentation of-the grievance and the giving of;sueh
```- ~ answer eiZl. terminate- Step l:. - ,,. _ '
_ Stea 2::: Ig•theMgrievaace is not settled is Steg I and the esolayee,wishes to
- -;:pursue it further,. the: grievance wi1T be reducedta writing by the
`~ttmplcyee,:fallg°stating the facts.sur-asading the grievance and%or
~_-=detailiag.the specific provisions of this Agreement-alleged to have
- - been violated,.sigaed-and dated by•the emplogee and presented to the
-"'F~ Chie£ or,.ia his absence, his designee within five C5) war'xing
- ::days after taxminatioa-of Step l~ Qrittea discr'~sinatioa allegations-
.
m ...fF t_.., ... , u"v... . ~_...
:tom vt < .. a ., w:~.:.. i..n .:..a...... :..1 _ e ~._v:...:. _~r .~ z.~e.c~_.a 1.x.:4
_ _-"__ must castaia a dsscrtptiaa of.tfie purported discriminatory action aad
- - _ ~ ~ tha specific basis vhic&_ is. defined'. by Fedaral or State last as dis~
_cr{^+{^stozy. 'A meeting with~the.emgloyee desi
gaa.ted repeseatative
.`--Cif:.aay1`aad Fire Ciiisf or,~in his absenc8, his de3igaee may he arangec
-~'at a mutually agreeable location and time to revieor and disenss the
' ~ - •~ grievance: ' 'If-'scheduled;: such meetiag.will fake place iwi'tfiiri five (5') '
r'~ '.vor3~iag days £rom'the .date the grievance is received by the• Fire CFiief
~,a7 '__-or„ is his abaeace, his designee. The Fire Chief or, is his absents,.
" .: hia designee will give a vrittea zepIy by 'the end. of_ the €i.fth ~Sah `'
`.~ vazk.day fallowing the date of tha meeting, and the•giviag of such..
':reply viii tarminate Stap,2. -
.. ... ,..
f
Steo 3: If the grievance is not settled in Step 2, the employee may present
the written grievance to the Personnel Director or, in his absence,
his designee within five (5) working days after termination of Step
2. A meeting with the employee, designated representative (if any),
and Personnel Director or, in his absence, his designee will be
arranged. at a•mutually agreeable location and time to review and
discuss the grievance. Such meeting will take: place within five (5)
working days from the date the grievance is received by the Personnel
Director or his designee. The Personnel Director or, in his absence,
his designee may invite other persons with relevant information to
be present at such meeting. The Personnel Director or, in his absence;
his designee.; will give written. reply by the end of the fifth (5th) work
day following the date of the meeting, and the giving of such reply
will terminate Step 3.
Stev 4: If the grievance is not settled at Step 3, the employee may move the
grievance to Step 4 by serving written notice upon the City :tanager
within five (5) working days after receipt of the reply in Step 3, or
within five (5) working days after the reply was due, requesting a
meeting. Said meeting shall be scheduled within ten (10) working days
after receipt of such request. The- City Manager or, in his absence,
his designee shall provide the employee with a written disposition of ,
the. grievance within five. (5) working days after the meeting. The
City Manager's decision shall be final. and binding, except in discipli-
nary and discrimination cases as specified below.
Sten 5: Tha employee may seek review by the Personnel Board of the City Manager`s
decision is grievance matters by submitting a written request to the
Personnel Department within. five (5) working days from the date of the
answer is Step 4. The Personnel Board may grant as informal hearing
and. the Board's role is such matters is advisory only, except that in
disciplinary and discrimination cases, the Board shall grant a hearing
and the Board's decision shall be final and binding.
If as employee has complied with the above steps and requested Personnel Board
review is a disciplinary appeal or discrimination allegation, the Board shall
hold a hearing within thirty (30) days of the request and take such action as
it deems appropriate. It is agreed that neither party shall attempt to influence
the Personnel Boar3 prior to the hearing.
Upon conclusion of any investigation or hearing, the Personnel Board shall, within
ten (IO) working days, notifq Personnel in writing of its findings and recommenda-
tions. A copy of such findings shall be transmitted to the affected employee.
All coats of representation resulting from this process shall be borne by the ,~
party incurring them.
A grievance or other appeal which is not brought or brought forward within the
time limit provided within each of the sections of this article shall be deemed
to have been waived and settled, unless such time limit is expressly extended
by mutual agreement. Time limits as set forth above may be extended by a mutual
agreement between the parties, but neither party shall be required to do so.
ARTICLE R@C
RETIREMENT
Safety personnel are eligible for normal service retirement at age 50. Formula
for safety service retirement is 27, at age 50. Retirement compensation shall be
computed on the employee's one (1) year highest earnings.
Effective with the first full pay period in November 1982 the City agrees to pay
the employee's portion of 97 to Public Employees' Retirement System (PEAS).
The City will take the. necessary steps to amend PEAS to include credit for unusued
sick leave (Section 20862..8, California Government Code) to be effective during
the 2nd year of this contract.
ARTICLE XI~I
WORKMEN'S COMPENSATION
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 X37CII
EMERGENCY MEDICAL TECHNICIAN I CERTIFICATION
Continuous certification as an Emergency Medical Technician. I is a condition of
employment for all Fire Department employees covered by this Memorandum of Under-
standing. (see Fire Department General Order 84-1 for further detail)
A11 new employees shall be certified as an Emergency Medical Technician I before
the completion of their probationary period. If certification cannot be obtained
at the basic fire academy due to late hire date or other circumstances., the employee
shall be responsible for obtaining the required training and certification prior to
completion of his probationary period.
To ensure continuous certification as an EMT I all employees who have received ini-
tial certification through the basic EMT I training shall be recertified at least
every two (2) years by attending mandatory on-duty recertification classes during.
a training period to be determined by the Fire Chief. Vacations, holidays and com-
pensatory time-off will not be approved during these training periods.
Current employees who have not completed the basic (initial) EMT I training as of
July 1, 1984 shall obtain such training and EMT I certification on or before June
30, 1986. These current employees will be paid their hourly rate while attending
training classes during. off-duty hours as long as such attendance is in good standing.
With the specific approval of the Fire Chief and subject to departmental scheduling
and other operational constraints, these current employees may-attend training classes
while on dut9. _ __ ---- ___ __ - ----- -- -- --.__._. _ . ._.
ARTICLE XXXIII
s^ ACCRUAL RATES
It is understood and agreed that the following shall represent leave benefit
accrual rates.
Employees in shift positions:
VACATION 6-shifts/year =5.54 hours/payroll
~. 8 ~. ~ 2.38 ~.
Employees in 40 hr/week positions:
VACATION 80 hrs/yr 3.08 hours/payroll
12G. ~. - .. 'a 4.62 ~m .
~. X60 ,~ _ . `_' a is ~~ _
SICK LEAVE 96 1° ' ~: 3.69 ~ '•
PERSONAL LEAVE & _
FIAATING HOLIDAYS m As determined for other 40 hour classified employees
ARTICLE XXXIV
I
GENDER _REFERENCES
As used in this Agreement, all references to gender, such as references to
"he", "him", and "his" and references to "the " ~+~• •,
apply equally to both sexes. ~ . them and rneirs• shall
ARTICLE RXR71
FULL FAITH AND CREDIT CLAUSE
For purposes of administering the terms and provisions of the various ordi-
nances, resolutions, rules and regulations which may be adogted by the City
pursuant to this Memorandum of Understanding, all resolutions of the City `
Council, and all existing matters resolved regarding wages, hours, fringe
benefits and conditions of emplogmeat prior to Myers-Milias-Brown Act of
1968, will remain unchanged and unaltered except where expressly changed~or
___altered is this Memorandum of understanding.
ARTICLE R:GYVI
SAVINGS CLAUSE
Aaq resolution of the City incorporating any provisions of this memorandum. shall
provide that iP any provision of this memorandum or such. resolution of any-kind
is at any time or ia.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 resolu-
tion shall not be affected thereby and shall remain in full force and effect.
ARTICLE &YVIZ
DURATION
This agreement is to eover~said employees for two f2) years from July 1, 1984
to Juae 30, 1986.
in witness whereof, the parties hereto have caused their duly authorized
representatives to execute this Memorandum of Understanding on
1984.
Employee Relations Officer of the
City of Lynwood/A Municip 1 Cor~
By ~1" ~~
Dated this ~( day of ~~~ ~ 1984.
Lynwood Firefighters' Association
Bye '
By ~/~%/7
Dated this 1 ~
?f Tc~n~ lg