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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 1 ~ !' 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: ~ l~ ~~,~2~i~l~L/ SA RA CHAPEK, Personnel Manager APPROVED AS 'LO FORM: I I r /~ - City Attorney .r '~ ._ STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. 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 ~~~ City Clerk, City of Lyn ood i I_~ i "EXHIBIT A" r City of ;~ - ~~ ~~ ~ 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 r J~~YK~ [In '~~g~) F 1 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 1 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. .. ,._ __ 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. _.. __ ~ __ --- -- 1 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. :~ ,. ; ~u...n. ,,.~..~.~C..n a.F ...... ..-.W + i.._.-:. / ~.. ::1a.:. 1. .. v.en .~ ~~._... .... ...~..:uuta..........k...~a iuulNR~....-u~m•n.~~~:u.:.a N..w~aa-' .... .•v.~-... Y....aiY'.+rvv+r... 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