HomeMy WebLinkAboutResolutions 88-284 N.C.S. 08/08/1988'li
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resolution No. s8-284 N.C.S.
MJA:cw 8-8-88
of the City of Petaluma, California
RESOLUTION RATIFYING MEMORANDUM OF UNDERSTANDING
EXECUTED BY THE DULY AUTHORIZED REPRESENTATIVES OF THE CITY
AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS
LOCAL 1415 FOR EMPLOYEES OF UNIT 7
WHEREAS, the City, through its duly authorized
representatives, and the International Association of Fire Fighters, Local
1415, through its duly authorized representatives, have concluded their
mutual obligation to meet and confer in good faith with respect to terms and
conditions of employment for employees in Unit 7, in accordance with the
Meyers-Mi].i.as-Brown Act and the City's Employer-Employee Relations Rules
and Regulations (Resolution No. 5512 N . C . S .) ; and,
WHEREAS, the duly authorized representatives of the
City and International Association of Fire Fighters, Local 1415 have
executed a Memorandum of Understanding pursuant to Section 25, Resolution
No. 5512 N . C . S . , and recommend its approval by the City Council; and,
WHEREAS, the City Manager, pursuant to Section 28,
City of Petaluma City Charter, and as the City's Mun'~ al; Employees'
Relations Officer (Resolution No. 5375 N . C . S .) is required and empowered
to make a recommendation to the City Council on matters related to
employees' compensation; and,
WHEREAS, the City Manager has reviewed and concurs
with said Memorandum of Understanding for Unit 7 and does recommend that
the City Council ratify said Memorandum of Understanding (as attached)
shall be effective on August 8, 1988 through June 30, 1989.
Under the power and authority conferred upon this Council. by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the
Council of the City of Petaluma at a (Ft~r$t>$~~~Qiitt~I&fl) (Special) meeting
on the ..~t~ ................ day of .........~>~$415.~..................................., 19. $$., by the
following vote:
AYES: Cavanagh, Tencer, Sobel, Woolsey, Vice Mayor Davis, Mayor Hilligos
NOES: ~
ABSENT: Bals aw ~/~_J,,~/
ATTEST: ----•-• .... ................. ............. ~L~:~!l.._,..._..~:---..._....
City Clerk
,~ ~„s_
Council Fpile ....................................
CA 10-85 Res. No...U.H.'.2,CT4.......... N.C.S
/~-
a
MEMO'RANDTJM OF UNDE'RS`TANDING
__
BETWEEN
THE CITY OF PETALUMA
AND
INTER'N.ATIONAL ASSOCIATION OE FIRE FIGHTERS, LOCAL #1415
(Petaluma)
August, 8, 1988 through Juna 30, 1989
T'A'BLE OF CONTENTS
PREAMBLE
GE;NE'RAL
Section 1 Term, of. Agreement
Section 2 Union Business
Section 3 Work Week
Section 4 Light ,Duty
Section 5 Minimum Manning
Sectson 6' Living Restrictions
COMPENSATION
Sect~n `7 Salary
Section 8 Overtime
Section 9 Out- of Grade. Pay
Section 10 Uniform Allowance
Section 11 Compensation fior Clothing Loss
Section "12 Holiday `Pay
Section 13 Uacatiori, '.Payment at Terminat~n
Section 14 Sick Leaver Payment. at Retirement.
Section 15 Education Incentive
Section- 16 Deferred Compensation
Section 17 Retirement .Conversion
INSURANCE
Section 18 Health Insurance
Section 19 Dental Insurance
Section.. 20 Life Insurance
Section. 21 Long-Term Disability Insurance
Section 22 Vision .Insurance
Section. 23 Personal Exposure Reporting
LEAVES
Section 24 Vacation
Section 25 Sick Leave
Section 26 Sick Leave 'Transfer
Section ,27 Bereavement .Leave.
Sectson 28 Military Leave
Section. ;29 Leave of Absences Without .Pay
Section 3Q Jury Leave.
Section 31 Conversion of. Leave Balances
Section 32 St;ft Trade
OTHER.
Sect~n 3~3 ;Retirement
Section 34 Grievance Procedure
Section 35 Paramedic Career Incentive
POSTSCRIPT
q;
P REAMB'LE
This document ;'represents, the :.final.. and complete agreement resulting
from Meet, and Confer sessions between the City of Petaluma and
International. Association of Fire Fighters;, Local No. 1.415 (Petaluma) Unit 7.
This Document supersedes all prior Memoranda. of Understanding.
Representatives of the City and Unit 7 .acknowledge that they have
fiz]filled their .mutual, and respective obligations to Meet and Confer under
the Meyer-Midas-=Brown Act,. As .a result, the parties have .come try a
mutual understanding which the representatives of the City and Unit 7, who
have the approval of their' 'members, agree. to recommend fx~r acceptance and
approval to the. City Council of the City of Petaluma.
The parties affix their signatures as constituting mutal acceptance and
recommendation. of tYis Memorandum of Understanding to become effective
August 8, 198.8., upon acceptance. and approval of the Gity Cou~ncl.
GENERA-L
SECTION 1 Term of Actreement
This Memorandum of .Understanding shall be .for a one (1) year germ
.,for the~;period commencing August 8, 19.88, through June 30, 1989.
The parties wilt commence meeting and conferring .for a subsequent
Memorandum of Understanding, not lat-~r than 'the end. of April, 1989, and
wi11 endeavor to reach an agreement, iZ a written Memorandum of
iJnderstandng for submission to the City Council .for its Final Budget for'
the subsequent Fiscal Year.
SECTION 2 Union. Business
TYie employee orgarii.zation may select not more than two employee;.
members of uch organi.zatifln tb attend schedul8d 'meetings with the .City for
purposes of meet and confer or grievance hearings ~ during regular work
hours -without .loss of pay, Such meetings are subject to schedu]ing' by
City management in a manner consistent `with operating ,,needs. and work
schedules .
,SECTIO;N 3 Work' Week
A . Duty '$hifts;;
1. The fire on-duty 7 'day work week shall be the average of 56 hours
per work. week for thus fb]lowing elassifioatinns: Firefi_ghtrer,
Firefighter/.Paramedic, .Apparatus Operator.,, and Fire Captain
2. The work week shall- consist of duty shifts tFiat are regularly .assigned
and. scheduled.
3. A shift is defined as : a continuous '24 hour period "commencing at 08:00
and ending at 08:00 the following day.
4. A schedule is defined as three .(3) duty shifts assigned in a nine-day
cycle. It is further defined, ;by _ the `following example s
X =Duty` Shift: 0 = S Yiitt Off
For example: X 0 X 0 X 0 0 0 0
B. Classifications 1is-ted on A 1, may be temporarily reassigned up to six
months to a 40 hour workweek depending on the needs of the- service,.
if mutually agreed u"pon between the employee and the Fire
Admi-ustratinn:.
C. Commencing at 0800 September 5, 198;8 the FhSA work period shall be
a atwenty=eight (28) day -period .
SECTION 4 Light Duty,
Any einplcyee assigned to alight duty assignment, due to health or
disability,,. shall continue to receive all compensation and' fringe benefits,
including accumulation of seniority attached to h1s normally assigned
position. S'pecii-b~ policy :regarding light duty ~~s outlined in General Orders
11-8-86.
S'ECTIO'N 5 Minimum Manning
__
The" City agrees ~ :maintain a minimum of twelve {12) personnel on
duty 'per shift, excluding, the on duty Battalion Chief.
SECTION 6 Living Restriet~ons
The living restriction for members of the. City of Petaluma Fire
Department s .hall be forty-five (:4b') minutes. Any area in question wilt be
driVen~ by the BattaliDn C hef ~ assure it is within the forty=five minute
area. ,
COMPENSATION.
~SE:CT,ION 7 Salary
The hourly rates of employees in this Unit in the various steps shall
be as follows; (i.e. , 56.15 X 5;2 = 2920 hours per year) .
Effective August 8., 1988
Fire. Captain ~ $11.33 $11.90 $12.48
Firefighter,/Paramedic $9.52 $1'0.0.0 16.49 11.'03 11.59
,Apparatus. Oiler-ator: 8.88 9.32 9:7:8 10.28 10.80
Firefighter 8.66 9.09 9.5.4 10.03 10.54
Effective January 1 1989
Fire Captain $11.:.67 $12.26 $12..85
Firefighter/:Paramedic .$9.81 $10.30 10.8;0 11..36. 11.94
Apparatus Operator. 9.15 9.60 1'0..0.7 10.59 11.12
Firefighter - 8.92 9.37 9".83 10.33 10.86
2
SECTION 8 Overtime
The purpose of this section is to clarify matters; ,.relevant to Fire
Department overtime. Any interpretatiDn ,of appl.icatbn relevant to ~~overtime
shall be resolved by the City :Manager, whose determination is final.
All requirements and any procedures relating to overtime as basically
outlined below sha11 be as determined and administered by the City.
A . :Shaft.
The members of the. Fire Department, when called t~ work an overtime
shift, :shall be paid on an hour for hour:basis .rounded to the nearest
quarfer hour at the regular shift rate times 1.•5. An overtime shift is
defined as any continuous geriDd of on-duty time exceeding sixteen
(l6) consecutive hours which is not part of the emplflyee's regular
work schedule.
B . Assigned Call--:back .Duty ~ _
All Fire Department pesonnel in the Unit are subject tD assigned
call-back duty by the Fire Chief (for exampler, emergency ambulance
related duty:) at 'time and one-half at the employee'`s ,hourly rate. based
upon a 56 hour work week. An employee who 'is assigned to such
call back duty shall receive, at m,,,mum;, ten hours pay at this rate at
time and one-half. The InternatiDnal Association Firefighters Local 1415 w71
establish a voluntary list for purposes of this. standby. If volunteers
are' .not forthcoming, `the 'Fire Chief will have 'the right to .assign
pesonnel for the, duty. This .Section expires no later than Januar-y' 1, 1:9,89.
C . Fire Recall and S;peoial R_ecait
Off-duty Fire Departtinent personnel are subject t~ recall and will be
paid on an overtime ;basis,, (except as set forth in "'A" and '" B"
above) , at time and one=half at the hourly rate:
However,, in no ease will they be paid less'- than two hours when caIled.
-Further.,.. when the complete recall exceeds two hours:, but does not
extend beyond ten minutes. past the second hour,. the overtime will be
for two hours. W-hen a recall exceeds two hours and fifteen. minutes,
they overtime will be tD the nearest half hour (example, two an'd
one-..half hour) .
D . Shift Gontiriuatinn
If a member of this unit is requested to continue on duty after the
end of a normal. 24-hours shift and works in excess of 1D minutes:, he
shall be paid time and one-:.:half at the hourly rate for all hours worked..
Further,; when the completed overtime exceeds 1D minutes with;n the
first hour but does not, extend beyond .one hour;, the overtsme ,shall be~
for. one hour. .Begin-Wing with the second hour overtime shall be paid
to the nearest :one-half hour.
E. Mandated Certification: Training
A1L Fire Department: personnel in; this unit shall be compensated at time
.and :one.-half of the. employees fiourly' rage ~fer -all off duty time required
to maintain department mandated certificatis~ns.
SE'C TIO N 9 0 ut; of Grade Pay:
A member of; the unit shall be compensated for working at the next higher
grade.
A Firefighter acting as an Apparatus Operator shall receive the top step of
the Apparatus Operator, not to exceed 7.5~.
A Firefiglite_r/Paramedic aci~n.g as an Apparatus Operator shall receive an
additional 2.. 5~ .
Any classification acting as_ a Fire Captain shall. receive an additional 7.5~.
Any classification acting- as a Batta]ion Chef,.shall receive an additional 7.5~.
S E C T3O N 10 U niform Allowance
The Unifor-m/Clothing Allpwance Program shall be paid ri the Fiscal.
Year of the Memorandu"m of Understanding on or before September 5, for
those .employees covered' by this Memorandum of Understanding in the
amount of $465.00. T-his shall be paid on a separate check from the payroll
check.
An emplflyee who_ terminates from City service or is released from. City
service -shall bey receive a pro rata:' annual amount.. An employee who so
separates ,from City ser--vice after.. 'any payment has been made shall return
that portion of the allowance d'ete'rmined by the .last day in City' service and
the: end of the fiscal year. Any em;p]oyee on leave of absence without. pay
or eaye status in excess of thirty (30) calendar days shall receive a pro
rata amount. for the; fiscal year.
SECTION 11 Compensation For Clothing Loss.
The City :Manager is ,.authorized to provide compensation to City
•employees for ls~ss or ;damage tD their clothing which occurs during the
course of carrying out an 'official duty. A reques€ for compensation
herewnder shall 'be submitted in writing,, in detail,,; to the City. Manager via
the department. `head concerned. The amount of compensation, if any, shall
be ,at the discretifln of the City NFanager.
4
SECTION; 12 Holidap Pay
The holi::days for the calendar year shall, be the total of twelve (12) ;
the City shall pay for these holidays no later than December 10., in lieu of
giving time off.
Base hourly r--ate at the time of holiday X '12.00 hours equals holiday
pay/holiday.
SECTION 13 Vacation, Payment at Termination
.Employees who terminate employment shall be paid in a lump sum for
all_ accrued vacation leave .earned' prior to the effective date of termination
not to exceed two (2) yearn ,accumulation.. ,
SECTION 14 Sick Leave Payment at Retirement
In the event of retirement, an empls~yee who has completed ten (.10)
years or more with the- City shall r-eceive, fifty percent (50~) of his
accum~ulate'd but: uriu'sed sick leave but not to exceed, '720 hours.
SECTION 15 Education Incentive
Educational Incentive Pay is provided for .qualified employees in the
classifications and amounts .]:_sGecl belnw .
__ _ ,
Firefighter, ApparatusOperator, Firefighter/Paramedic and. Fire Captain
Educatifln ..Achievement
'Fire Officer CerH:ficaition
Incentive Pay
$50,.00 per month (X l2 = 26)
S^ECTION -16 Deferred Compensation
The. City, of Petaluma ;shall make available to the members of this Unit
the City's Deferred CompensatiDn Plan.
`SE;CTIQ`N 17 Retirement Conversion
It is undersiaood that' .sworn employees who are, or will,- refire with. a
service or disability' ~ retirement, shall be aYlowed ~ make a one-dine
irrevocable conversion of the City's contribution., 'being made on their
behalf., ~ base salary,.
Employees who wish to exercise this one-time,, irrevocable conversion,
must. meet the following requrments:
1. Service Retirement Minimum arty-nine; (,49.) years of age,
and will be retiring no later than one (1) year from date of
conversion .
2.. Disabi]ty _Retirement (Industrial or .Non=Industrial)
Eligible for disability retirement with conversion to take
place one day prior ~ the actual date of retirement, or the .
date upon which an employee is determined to be permanent
and statiorsary and/or application for :disability retirement is
made., whichever occurs first. '
5
IN:SUR-ANCE'.
SEC TTO'N 'I8s 'Health .:Insurance.
During the period: of this Memorandum of Understanding, the City shall
pay any, premium increases beyond the current City contributions, as. listed
below . No increase iri the dollar amount of the employee contributions shall
be assessed during the term of this Memorandum of Understanding.
Health Plan of Sonoma
Kaiser the Redwoods County
Employee
Employee + ,1
Employee + 2
SECTION 19 Dental Insurance
$ 97.19 $.110.00 $119.75
]93;.38 220::00 207..92
257.39 277.00 282.50
The City shall provide for a group dental iris,urance program for City
employees and dependents 'in this Unit.. The City hall :pay, during 1988-$9
the :period of this memorandum,, the insurance premium in the :amount of
$'42.0'0 per' emplc~yee•, per month.
SECTION 20 Life Insurance
`T ie City shall provide during the period. of this.. Memorandum, at no
cost tQ the employee, . a group term life insurance coverage in the principal
amount of $15,000 per employee.
SECTION 2T Long Term Disability Insurance',
A The City shall pay during the period of this :memorandum, the amount
of $12.00 per month,, per employee. This amount shall not exceed,
however, the total cost of the premium .for thee, long=term disability
insurance plan .
B ~W,hen a .member' of the Association is on Long 'Term Disability Leave,, _,no
sick leave shall be deducted from the member's. leave balance,. pursuant
tn; the language of the InternatiDnal `Firefig_hters' .Association, Local 1415
LT'D plan..
SECTION 22 Vision Insurance
For the period. of this :memorandum:, the City' shall provide a Vision
.~..
Plain. for employees only.,, in the amount of $5.90 per employee per month.
S'ECTIQ:N 2'n3' Personal ;Exposure .Reporting
The City shall; pay during. the period of this -memorandum, the amount
of $20.-. 00 per persom per year toward the .Personal .Exposure Reporting
System
6
LEAVES
SECTION 24 Vacation
A . Eligibility
T'he :times during the calendar year in which an employee may take •hs
vacation shall be d"etermined by the department head with due respect
for the wishes of the employee and particular regard for the needs of
the service. If the .requirements of the serviee.:are such that an
employee cannot take. part or 'all of his annual vacation in a particular
calendar year, such vacation shall be taken during the following
. calendar year,. New employees shall be allowed; to use their
accumulated vacation prior- to December '3l, for vacation in the
succeeding .calendar year.
B . Accrual •
Firefighters vacation shah be computed
Amount of Continuous Service
After completion of twelve montYiS
After completion of five years
After completion of ten years
After completion of fifteen. years
After completion of twenty years
as follows;
Vacation
5 shifts per year
7 shifts per year
'8 shifts. per year
9 shifts per year
10 shifts per year
Vacation entii-lement accumulated in excess of two years will be last.
C . Deferral
Any eligible employee with the consent of the head of his department.
and: the Personnel Office m_ ay defer 2.5' shifts of his annual vacation to
the succeeding calendar year,, subject do the other provisions of this
`rule... A written report of each deferred vacafDn signed by the
appropriate department. head and- the Personnel Office, noting the
details shall be kept on file with the Personnel Office.
SECTION 25 Sick Leave
A . General -
Sick leave with pay shall be granted.. to ;all ,probationary and permanent
employees within the competitive service.. Sick leave shall ndt be
oons'dered as a right which an employee may use at his discretion.., but
shall, be allflwed only in .case of necessity or -actual personal sickness,
disability, or allowed:. by the; Memorandum of Understanding,.
B . Accrual
Sick leave for the Fire 'D'epartment shall be; accumulated on the basis of
,l2 hours per' month. Fire Department 40 hour. employees shall
accumulate sick leave as' other employees of tYie City, excluding light
duty personnel.
C .Notifi~catiDn .Procedures
_ _ _.
In order `~ receive compensatipn while absent on sick leave, the
employ-ee shall notify his immediate superior or the Personnel Office
prior t~ or within four hours after this time ,set for .beginning his
daily duties or as -may' „be~ specciafied by the .head. of his department.
When absence is ~r more than three shifts duration, the empooyee may
be, required to file a physician's certificate with 'the Bersonnel Officer
stating :the cause: of tfie absence.
7.
D . Rate of U sage:
The fist day of sick leave:. will be charged against the emplpyee's
accrual at the rate of .12 "hours or less, based on actual sick leave usage.
Each successive shift will be charged at the rate; of one sYiift (24 hours) .
E, "Family Sick Leave.
Leaves of" absence up ~ "four working shifts with pay per year may be
granted to empls~.yees in the event ofserious illness or injury in the.
employee's immediate family .and, in-laws wily be charged against sick
leave .
T.he immediate family .shall consist of the spouse., children, parents,
brothers,, sisters,, or other' inc3ivcluals whdse relationship : to the
employee is that of a .dependent " or near dependent. In each case, the
appointing power shall grant such sick leave only when in his opinifln,
the r-elationsh.p of the sick or disabled person to the employee
warrants such use of sick leave.
F. Relationship to Worker's; Compensation _
When. the employee' absence .from work has been occasioned by injury
suffered during his- employment and herecedes workmen's
,compensation, he shall also be entitled to receive from the City the
differ-ence between such- workmen's compensation benefits paid an"d the
amount which would otherwise have. been paid :hereunder for sick
leave:.. Ordinarily,,. it shall be the po]:icy in workmen's compensation
matters that the einplnyee shall assign tb the .City .any `benefits
rendered him during the period that he °is absent on sick :leave and
the. City' shall pay him his full sick. leave ;benefits. Sick leave under
..,, .
wor"k~men`s com~pensatinn is a supplement to tYie workmen's compensation
benefits to provide the employee compensation at his "regular rate. All
employees receiving full;. salaries in lieu.. of 'temporary disability
payments pursuant to Section 485Q Labor Code -are entitled to
accumulate sick leave during such periods of disability.
SEC'TIO;N 26 Sick Leave Transfer
Any bargaining unit employee may. transfer some of his/'her accrued
sick leave. do another bargair~ing unit employee fAr .use: as silk leave by "the
receiving emp7Dyee. Such. transfer shall be- "accomplished by a memo from
the transferring employee to the designated fire department representative
for forwarding to t_he Personnel Office, setting forth the name of thee.
.receiving employee and the number of hours '.being transferred:. All such
transfers are irrevocable. In order tb be P~ hle to receive a transfer of
sink leave the receiving employee must have 0' hours of accrued sick leave.
S~ECTIQN 27 Bereavement.; Leave
Leaves up ~ €hree. shifts. with pay per fiscal, :year may be granted to
employees in the event of death in the employee's' immediate family, The
immediate :family shall.. consist of t_he spouse, children;, parents, brothers,
sisters, .or other individual whose relationship' tb the employee is that of a
legal dependent.,
Two shifts with pay per fiscal year may be granted ~tA employees in
the event :of death. ;for relafionships corisistaiig of father-in-law,, mother-in-
law, brother-in-law or- sister-in-law-.
The Department Head may authorize additional travel time, if needed.
SECTION 28 Military Leave
Military leave shall bearranged in accordance with the provisions of
State law . All employee"s entitled to military leave shall give the appointing
power an opporturii_ty- within the limits of military regulations to determine
when such have sha71 be taken .
SECTION 29 Leave of Absence Without Pay
The City Manager- 'may .grant a permanent or probationary employee
leave of absence without. pay or seniority for a period not to exceed three
(3) months,. Good cause being shown by a written request, the City
Manager may extend. the lease of absence without pay for an additsonal
period not to exceed. six (6) months. No ouch. leave shall be granted
except upon writtan request of the employee: seting ..forth the .reason for
the. request, and the "approwl will be in writing. U"pon expiration of a
regularly approved leave or within a reasonable' period of time after notice
tb return to duty, the employee shall be reinstated. 'in the position held at
the time leave was granted.. Failure on 'the, part of an employee on leave tD
report promptly at its expiratiDn,,. or within a. reasonable time after notice to
return fA duty, shall be cause for discharge.
SEGSION 30 Jurv Leave
.Every classified. em;ployee~ of the City who. is called or required to
serve as a trial juror shall be entitled to absent himself from his duties
with the City during the period of` such service orwhile necessarily being
pr-event in court as a ;result of such call. Under such circumstances, the
employee shall be paid the. difference" between his full salary and any
payment received by 'him, except travel pay, for such duty..
SECTION 31 ConyersiDn; of Leave -Balance
When an employee, is reassigned from ,a fifty-six (.56) hour position to a
.forty ,(?40) hour- posii-inn, the employee's vacatiDn; -and sick leave balances
..shall be reduced; try a; forty (40) hour work week equivalent, Similarly,
when an employee ~ is reassigned from a forty (40) hour position to a
fi~y-six (,56) hour posii~n, the employees vacatfln and sick leave balances
shall be increased txi a fifty-six (56) -hour work week equivalent.
SECTION 32' Shift Trade,
- - _ _ _.
`Each member of this unit .shall be eligible for ten (10') shift trades per
year. These trades shall; not count against any school trides.
OTHER.
SECTION. 33 Retirement
The City will continue to provide ttie 2~ at 50 Retirement Plan without
changilig the current benefits wYiich include the folh~wing: 1959 Survivor's
Benefit, 1 Year Final Compensation Average, and Unused Sick Leave
Credit and widows clause.
SECTION 34 Grievance Procedure
A . Purpose of Rule
1. To promote improved employer--employee relations b:y establishing
grievance. procedures on matters. for which. appeal or hearing is
not provided by :other regulations.
2. To afford employees individually or through qualified employee
organization a systematic .means of obtaining further consideration
of problems after every reasonable effort has. failed to .resolved
them through discussis~ms.
3: To provide that grievances shall be settled as near as possible to
the point of origin .
4: To provide that appeals shall be conducted as informally as
possible .
B . Matters Subject to Grievance Procedure
T,he grievance procedure :shall be used to process and .resolve
grievances ari ~i n q out. of the interpretation ,. application , or
enforcement of the express terms of the Agreement.
C . Informal Grievance Prrocedure
An employee who h'as a problem or complaint should first try to get it
settled through discussibri with his immediate supervisor without undue
delay.: If, after this: discussion, he does .not believe the problem. has
been satisfactorily resolved, he shall have:. the. right t4 discuss: it with
his supervisor's ,immediate supervisor, if any, in the administrative
service. Every effort should be made to find an acceptable solution
by informal. means: at the lowest possible ,l~ve1 of supervision.. If the
employee- is° not in agreement with the decysifln reached by discussion,
he shall ~theri have the right 'to file a :formal appeal in .writing within .
ten; (1) calendar ..days after receiving the. informal decasirwn, of his
immediate superipr. An informal appeal shall not be taken above the
appointing power. .
D . Formal Grievance Procedure (lwess of review thr-ough chain of
command)
10.
1. First ;level of .r„evew: The appeal sYiall be presented'. in writing to
the e:inployee's; immediate supervisor, who shall render• his deci:_sion
and comments in writing and return. them to the employ""„ee 'within
five. (`5,) calendar, days after receiving the appeal. If the
employee does note agree. with his supervisor's decision, or if no
answer 'has. :been received within five (5) calendar days; the
employee may present the appeal in wrifing to his supervisor's
immediate superior. Failure of the employee to take further
action within five (5'.) calendar ..days after receipt of the written
decision of his' supervisor, or within a total of fiit~een (15)
calendar days if no decision is rendered, will constitute a
dropping of the appeal.
2. Further level: or levels of,_review a5 appropriate: The supervisor
. _..
receiving the appeal shall. review it,. render his decision and
comments in writing, and return them to the employee within , ..five
(5) calendar, days after- receiving the appeal. If 'the employee
does not. agree. _ with the decision, or if no answer has been
r-eceived .within ,five (5) calendar days.,, he may present the appeal
in writing tD the department `head. Failure of the employee to
take further action within five (5) calen_d'ar days after receipt of
the decision or within a fetal. of fifteen (15) calendar' days if no
deC,ispn is rendered, will constitute a dropping of the- appeal.
3. .Department. Review: The department head receiving the appeal of
his designated representative; should discuss the grievance with.
the employee; his . representative, if' any, and with otYier
appropriate persons. The depar-tment head shalt "render his
deci_~n 'and comments in writing, and return them to the
employee within.. five (5) calendar days .after .receiving the appeal.
Tf the employee .does not :agree with- the decision reached., or if no
answer has been. received within five (5) calendar days, he may
represent the appeal, in writing to the City :Manager. Failure of
the employee to take further action within (5;) calsnelar days after
.receipt of the decision or witlvn a total of: fifteen (15) calendar
days if no deci_~n is rendered, will constitute a dropping of the
appeal.
4. City Manager: The City Manager receiving the appear, or his.
designated representative., should discuss the grievance with the
employee, his ..representative., if' any,; and with .other- :.appropriate
person. The City Manager may designate a fact finding
.committee, officer not in the normal line of supervision,. or
Personnel Board to advise him concerning the appeal. -The City
Manager shall render a deci~~n, in writing 'to the employee within
twenty (20) calendar days after- receiving the appeal.
5. Conduct of Gr-ievance Procedure
a. The time limits specified above may be extended #n a definite
date by mutual agreement of the employee and the reviewer
concerned..
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b. The ~-emplD.yee may request the assistance of another person.
of. Yiis ow.n• choosing in preparing and p"resenting his appeal
at any level of review...
c. The employee a_nd his .representative: may be privileged to
use a reasonable- amount of~ work time as determined by the
appropriate. department .head in conferring about and
presenting the appeal.
d. Emp]nyees s .all be assured freedom from` repriasl for using
the frievance procedures..
SECTION 35 Paramedic Career Incentive
The Association, and the' Ghef' will .meet. and .discuss career paths
available for the classification of Firefighter/Paramedic.. This discu_ssian will
be comp]~d by November- I, 1988, so as ~ incorporate any findings into
the Ambulance Report for The City Council.
POSTSCRIPT
The parties affix their signatures as constituting mutual acceptance
and reeommendatiori of this Memorandum of" 'U'nder-standing tD become
effective July 1, 1986~, upon acceptance and approval of the City Council.
INTERNATIONAL ASSOCIATION OF FIRE'_ FIGHTERS, -LOCAL #1415
7TT.n a r •~..ew \
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i'~t3 .
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