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Resolution - 9004r RESOLUTION NO. 9004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEST COVINA, CALIFORNIA, AMENDING RESOLUTION NO. 7223, RELATING TO FIXING COMPENSATION AND BENEFITS FOR PERSONNEL AND CLASSES REPRESENTED BY THE NEST COVINA FIREFIGHTERS' • ASSOCIATION, I.A.F.F., AFL-CIO, LOCAL 3226. WHEREAS, the City of West Covina has met and conferred with the West Covina Firefighters' Association, I.A.F.F., AFL-CIO, Local 3226 (hereinafter Firefighters' Association); and WHEREAS, the City and the Firefighters' Association have agreed upon certain changes to salary, benefits and working conditions for members of said Association for the period commencing with the date of approval of this Resolution and ending December 31, 1995; and WHEREAS, the Memorandum of Understanding has been referred to the City Council; NOW, THEREFORE, the City Council of the City of West Covina does hereby resolve as follows: SECTION 1. Salary Adjustments Surveys shall be conducted at six month intervals beginning in April 1994, to determine the average total compensation for the ranks of Firefighter, Engineer and Captain for cities within Los Angeles County. Any salary and benefit adjustment beginning July 1, 1994, will be based upon program success resulting in new revenues and operation efficiencies. Incremental adjustments may be made on July 1, 1994, January 1, 1995, and July 1, 1995 depending upon these criteria. SECTION 2. Health Insurance Effective July 1, 1993, the City contribution for the cost of health insurance shall be increased from $409 to $435 per month. SECTION 3. Retiree Health Benefits Effective upon adoption of an enabling PERS resolution by the City Council and processing by PERS, the City shall increase the health insurance contribution from $16 to $50 per month. SECTION 4. Other changes to the terms and conditions of employment are detailed in the agreed upon MOU as incorporated herein as "Exhibit A." Specific changes to provisions covering Educational Leave and Disability Discrimination have been agreed upon. SECTION 5. Where provisions of the MOU are inconsistent with existing Personnel Rules, the MOU shall govern. SECTION 6. Budget Allocation The City Council does hereby appropriate an amount of money sufficient to fund the benefit changes for the life of this Resolution. SECTION 7. The remaining provisions of Resolution No. 7223, as amended, shall remain in full force and effect until amended or repealed by Resolution of the City Council. • SECTION 8. The effective date of this Resolution is August 3, 1993. SECTION 9. The City Clerk shall certify to the adoption of this Resolution. APPROVED AND ADOPTED THIS 3RD DAY OF AUGUST, 1993. ATTEST: • City C1e 1*. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the City Council on the 3rd day of August, 1993. AYES: Councilmembers Jennings, Wong, Nerfert, Manners, McFadden NOES: Councilmembers None ABSENT: Councilmembers None ABSTAIN: Councilmembers None APPROVED AS TO FORM: WRESO-FF.93 0 V-\- O'ON• wnnr2 City Attorney U City Clerk 11 �I • ; : ►I I 1 AI 13 Di MIK,W h !� FIRE MEMORANDUM OF UNDERSTANDING JANUARY 1, 1993 THROUGH DECEMBER 31, 1995 EXHIBIT A RESOLUTION NO. 9004 0 TABLE OF CONTENTS PAGE NO• 2SECTION 1. RECOGNITION/REPRESENTATION UNIT . . . . . . . 1 SECTION 2. SCOPE AND PREVAILING RIGHTS . . . . . . ... . . . 2 SECTION 3. TERM OF MEMORANDUM OF UNDERSTANDING. . . . . . . . 3 SECTION 4. STATE AND FEDERAL OBLIGATIONS, SEPARABILITY . . . 3 SECTION 5. SALARY ADJUSTMENTS . . . . . . . . . . . . . . . . 4 SECTION 6. RETIREMENT . . . . . . . . . . . . . . . . . . . . 5 SECTION 7. HEALTH AND DENTAL . . . . . . . . . . . . . . 6 SECTION S. RETIREE HEALTH BENEFITS . . . . . . . . . . . . 6 SECTION 9. UNIFORM ALLOWANCE . . . . . . . . . . . . . . . . 6 SECTION 10. MILEAGE AND EXPENSE REIMBURSEMENT . . . . . . . . 6 SECTION 11. MANNING POLICY . . . . . . . . . . . . . . . . . . 6 SECTION 12. ACTING TEMPORARY AND RANK FOR RANK COVERAGE . . . 7 SECTION 13. RESIDENCY . . . . . . . . . . . . . . . . . . . 7 SECTION 14. JURY DUTY . . . . . . . . . . . . . . . . . . . . 7 SECTION 15. USE OF FACILITIES . . . . . . . . . . . . . . 8 SECTION 16. SICK LEAVE .' ... 8 SECTION 17. BEREAVEMENT LEAVE . . . . . . . . . . . . . . . . 9 SECTION 18. HOLIDAYS . . . . . . . . . . .. . . . . . ... . . . 9 SECTION 19. MINIMUM CALLBACK . . . . . . . . . . . . . . . . . 9 SECTION 20. REQUIRED HOLD OVER AND CALLBACK . . . . . . . . . 9 SECTION 21. EDUCATIONAL LEAVE . . . . . . . . . . . 10 SECTION 22. TRANSFER AND BID SYSTEM . . . . . . . . . . . . it SECTION 23. HANDBOOK . . . . . . . . . . . . . . . 13 SECTION 24. OVERTIME POLICY . . . . . . . . . . . . . . . . 13 SECTION 25. GRIEVANCE PROCEDURE . . . . . . . . . . . . . . 20 SECTION 26. HAIR STANDARDS . . . . . . . . . . . . . . . . . 20 SECTION 27. PAYROLL DEDUCTIONS . . . . . . . . . . . . . . . 21 SECTION 28. LAYOFF POLICY AND PROCEDURE . . . . . . . . . . 21 SECTION 29. DISABILITY DISCRIMINATION . . . . . . . . . . 21 SECTION 30. MISCELLANE07S LEAVES OF ABSENCE . . . . . . . . 22 SECTION 31. SAFETY EQUIPMENT . . . . . . . . . . . . . . . 22 SECTION 32. NOTICE OF FUTURE MEET AND CONFER . . . . . . . . 22 • • • MEMORANDUM OF UNDERSTANDING BETWEEN THE REPRESENTATIVES OF MANAGEMENT FOR THE CITY OF WEST COVINA AND WEST COVINA FIREFIGHTERS' ASSOCIATION LOCAL #3226, I.A.F.F., AFL-CIO-CLC In the interest of maintaining harmonious and stable relationships between the City of West Covina (hereinafter City) and employees represented by the West Covina Firefighters' Association, (hereinafter referred.to as the "Association"), representatives of management for the City and representatives of the Association have met and conferred in good faith regarding wages, hours, fringe benefits, and other terms and conditions of employment for employees represented by the Association. The representatives have reached an understanding as to recommendations to be made to the City Council for the City of West Covina and have agreed that the parties hereto will jointly urge said Council to adopt one or more resolutions which will provide for the changes in wages, hours, fringe benefits, and other terms and conditions of employment contained in these joint recommendations. SECTION 1. RECOGNITION/REPRESENTATION UNIT The City hereby recognizes the West Covina Firefighters' Association Local #3226, I.A.F.F., for the term of the Memorandum of Understanding, notwithstanding any ordinance, resolution, rule, or regulation to the contrary as the majority representative of the employees in the bargaining unit which consists of Firefighters, Firefighter/Paramedics; Engineers, and Captains, subject to the right of an employee to represent himself/herself. The recognition requirements of Rule,XVI, Section 16.3 of the Personnel Rules, City of West Covina, are waived for the term of this Memorandum. It is further agreed OR u that during the term of this Memorandum of Understanding, no class will be removed from the bargaining unit except upon mutual agreement of the City and Association. SECTION 2. SCOPE AND PREVAILING RIGHTS It is the intent and purpose of this Memorandum to assure sound and mutually beneficial working and economic relations between the parties hereto, to provide an orderly and peaceful means of resolving any misunderstanding or difference which may arise and to set forth herein the basic agreement between the parties concerning wage, hours and other terms and working conditions of employment. A. Employee and Employer Rights - The parties hereto agree that except as stated herein, this agreement does not in any manner abridge, modify or restrict the rights and prerogatives of the employees and the City as set forth in the West Covina Municipal Code. It is understood that these rights and prerogatives of the City include but are not limited to determinations as to levels of service, manning requirements, work schedules, overtime assignments and approval, number and location of work stations, nature of work performed, contracting for any work for operations, employee performance standards, including but not limited to quality and quantity standards and reasonable work and safety rules and regulations in order to maintain the efficiency and economy desirable in the performance of city services. It is further agreed that the City agrees to meet and confer with the Association regarding the impact of such management decisions on matters within the scope of representation. B. Maintenance of Benefits - All rights and privileges and working conditions within the scope of representation in effect at the time -.of the signing of the agreement and not changed her?in,•in addition to E C J • all rights, privileges and working conditions provided for in the current Memorandum of Understanding, shall remain in full force and effect during the term of this agreement unless changed subsequent to completion of required meet and confer process. C. Contracting - The City does not intend to contract out bargaining unit work during the term of this MOU Should the City seriously consider contracting out any bargaining unit work, it shall notify the Association of its intent and meet and confer in good faith prior to the implementation (whether by agreement or upon impasse of any such proposal). SECTION 3. TERM OF MEMORANDUM.OF UNDERSTANDING This Memorandum of Understanding shall remain in full force and effect from January 1, 1993 through midnight December 31, 1995. Terms and conditions of the Memorandum of Understanding shall continue, unlesschanged, by completion of the meet and confer process. SECTION 4. STATE AND FEDERAL OBLIGATIONS, SEPARABILITY A. State and Federal Obligations - This Memorandum shall not in any way interfere with the obligation of the parties hereto to comply with State and Federal law or any rule, legislation, regulation or order issued by such government authority pertaining to matters covered herein. B. Separability - If any provision of this Memorandum or the application of this Memorandum should be rendered or declared invalid by any court action or by reason of any existing, pending,, -or subsequently enacted legislation, the remaining parts or portions of this Memorandum shall remain in full force and effect, and the parties shall meet and confer with regard to replacement or modification of the invalidated portions and the impact of the invalidation on the bargaining unit. .3 • SECTION 5. SALARY ADJUSTMENTS A. Preamble - In an effort to achieve salaries which are competitive in the market, the City and the Association will cooperatively join in determining • additional revenue sources and areas of cost savings. The overall goal throughout the term of this agreement will be to raise revenues and decrease the Department's dependency on the General Fund while providing quality service. Participation by the employees shall play a significant role in productivity achievement resulting in periodic adjustments to salary. B. Salary Computation - A survey shall be conducted at six month intervals beginning in April 1994, to determine the average top step base salaries and major benefits for the ranks of Captain, Engineer and Firefighter effective April 1 for those agencies surveyed. Salary for Paramedics will be determined utilizing the data for Engineer. The survey shall include all public agency (municipal operated) fire departments within Los Angeles County. Data for Los Angeles County Fire shall be used one time in calculations. In computing average compensation, base salary, the employer's contribution to retirement on the employee's behalf and health/dental benefits shall be used. The average total compensation shall be used to determine the amount of adjustment necessary to achieve parity in the market. (Example - Attachment A) C. Salary Adjustments - The Fire Department, in concert with the employees, will implement specific programs designed to improve service levels, raise revenues and reduce costs. Depending upon the success of these programs, employees shall receive salary adjustments on July 1, 1994, January 1, 1995, and July 1, 1995. The first adjustment will be equivalent to 33% of the difference between the then salaries and • J EXAMPLE SALARY COMPUTATION -CAPTAIN CITY TOP STEP MONTHLY SALARY MEDICAL/ DENTAL EMPLOYEE PAID PERS TOTAL COMP. Culver City $5229 $600 9% = $470, $6299 Monterey Pk. 4184 346 9% = 376 4906 Long Beach 1 5096 417 9% = 458 5971 Burbank 1 5317 513 8.2% = 436 6266 Average Total Compensation $5860.50 West Covina 1 4520 1 455 9% = 407 1 $5382.00 Difference in Total Compensation % from Average 33% of Difference 1k:FIRECAFT.93 0 -$478.50/mo. -8.89% $157.90/mo. benefits and the survey. The second adjustment will be equivalent to 50% of the difference and the third • adjustment will be for the balance of the difference. Program success will be based upon achievement of. 90% of program objectives as reported in the Department's quarterly report and in the City's "Project Performance Program" report. The Department will determine program objectives after discussion with the Association during preparation of said reports. D. Determination of Salary and Benefit Adjustments - At six month intervals commencing May 1994, a meeting will be held between representatives of the City and Association. The survey results and program progress relative to objectives will be discussed. If program productivity has been achieved, the appropriate percentage difference between the current salaries and survey data will be available for allocation to salary and health/dental benefit adjustments. SECTION 6. RETIREMENT A. Public Employees Retirement System - The City's contract with the State of California Public Employees' Retirement System shall provide the following: 1. Increased level of 1959 survivors benefit. (Section 21382.2) 2. Credit for unused sick leave. (Section 20862.8) 3. Two percent (2%) at age fifty (50) formula. (Section 21252.01) 4. One-half (1/2) pay continuance. (Section 21263) (Post Retirement Survivor) 5. One year final compensation. (Section 21367.53) 6. Retiree death benefit $600. (Section 21367.53) 7. PERS members contribution The City shall pay the normal members contribution (9% of salary) required under the Public Employee's Retirement System. 6" • n LJ 8. Military service credit as public service. (Section 20930.3) SECTION 7. HEALTH AND DENTAL Effective July 1' 1993, the city shall provide $435 per month to offset the employee cost of health insurance. The amount specified for PERS Health Plan coverage shall be $50 per month per active employee. The City shall provide up to $20 per month to offset the cost of dental insurance. In the event that the City's contribution exceeds the monthly premium for the covered employee,_said employee shall be entitled to apply this excess (difference between the City's monthly contribution and the premium for the employee's selected health plan) towards dependent health insurance, life insurance, dental insurance, or deferred compensation. SECTION 8. RETIREE HEALTH BENEFITS The City shall increase the PERS health insurance premium for each retiree from $16 per month to $50 per month. This change will be effective as soon as practical through enacting resolution by the City Council after approval of this MOU. It is the intent of the parties that progress be made during the term of this agreement towards increasing the amount provided for the retiree health contribution. Attainment of an amount up to $120 per month is established as a goal based upon program success, productivity, and revenue raised pursuant to Section 5., D., of this agreement. SECTION 9. UNIFORM ALLOWANCE The City shall provide a uniform allowance of $350 per year to each employee. SECTION 10. MILEAGE AND EXPENSE REIMBURSEMENT The City shall reimburse for mileage and expenses incurred during the ,course of City business consistent with the provisions of the City-wide Travel and Expense Reimbursement Policy. SECTION 11. MANNING POLICY The City will maintain a minimum staffing of Companies and • Units as follows: 6 1. Three-man enginecompanies (1 Captain, 1 Engineer, 1 Firefighter) 2. Four -man truck companies (1 Captain, 1 Engineer, 2 Firefighters) 3. Two -man Paramedic rescues (2 Paramedics) a. Each Paramedic rescue unit will be assigned three (3) certified Paramedic/Firefighters, one of which will rotate on and off of a designated engine and/or truck company. b. For purposesof relief, one of the Paramedics assigned to the engine and/or truck.company may be replaced by either a Firefighter or a Firefighter/Paramedic. SECTION 12. ACTING TEMPORARY AND RANK FOR RANK COVERAGE Acting temporary and rank for rank coverage provisions shall be changed to delete the following: "Exception: In the event an individual shall be off duty creating a documented extendedabsence, extended defined as a period greater than 30 consecutive days in acting or temporary assignment, may be made to fill this absence starting with the first shift after documentation." "Exception: In the event of short time, temporary absences such as an officer's meeting." SECTION 13. RESIDENCY The City does not presently intend to establish any type of residency requirements for any employee covered in this MOU Should the City, in the future, consider proposing any residency requirement, it shall notify the Association of its intent and meet and confer prior to the implementation (whether by agreement or upon impasse) of such a requirement. Among the subject to be addressed in the meeting and conferring process will be the grandfathering of current employees. SECTION 14. JURY DUTY Personnel Rules Section 10.27, Jury, Witness leave shall be changed according to the following: Number 3: The City will 7 a • \J grant an employee required to serve on jury duty or to report for examination to serve on jury duty one time for a maximum of 160 • hours paid leave for such purposes during any three consecutive years of employment. All fees received by the employee for jury. duty, exclusive of mileage, shall be remitted to the City. SECTION 15. USE OF FACILITIES Official Association meetings involving Association members may be held in City facilities upon prior approval of City management and the meetings shall be private. SECTION 16. SICR LEAVE Use of leave for reasons of illness or injury.shall be administered in accordance with City Personnel Rule X, Section 10.21, except as noted by exception as follows: A. Allowance/Accumulation - Fire Department employees working on the platoon system shall accrue sick leave under the same conditions as general City employees and at the same rate using the 1:1.5 ratio factor. B. Proof of Illness or Injury - In the Fire Department, the Department Head may require evidence in the form of a physician's certificate or written statement, as to the adequacy of the reason for any Fire employee's absence of three (3) or more consecutive shifts for which sick leave was requested. A failure to supply or provide said certificate shall be grounds for denial of sick leave pay and the imposition of such disciplinary action as may be deemed appropriate. C. Immediate Family - No more than three shifts for fire platoon employees of sick leave within any calendar year may be granted to an employee for the care or attendance upon members of his/her immediate family, and not more than three shifts for fire platoon employees of sick leave within any calendar year may be granted to an employee for each absence due to death of his/her immediate family. The phrase "immediate E I family" is construed to mean the husband, wife, parent, • brother, sister, child, and a grandparent or grandchild, if residing within the home or within the same place of residence of the officer or employee. D. Sick Leave on Termination - Employees upon termination of continuous service, other than by discharge, shall be paid for 50 percent of all sick leave accrued to the time of termination which is in excess of 480 hours, but does not exceed a maximum accrual of 720 hours. SECTION 17. BEREAVEMENT LEAVE The bereavement leave section of the Personnel Rules, Section 10.25, shall be amended according to the following: Three shifts of said leave per calendar year will be available to a fire platoon shift employee in the event of the death of said employee parents, spouse, child, step -child, brother or sister and grandparent. This program is supplemental to the current sick leave program. SECTION 18. HOLIDAYS Holidays shall be granted on the basis of one per month with' no specific date designated to all classifications represented by this Memorandum. If an employee terminates prior to the effective date of the traditional holiday, the holiday pay will be deducted from the final check. SECTION 19. MINIMUM CALLBACK Approved overtime for Fire Department employees entitled to it shall include only hours worked when employees are requested or required to return to work by their department from off duty, provided however, that such employees shall receive a minimum of three hours pay for hours worked of three hours or less. SECTION 20. REOUtRED HOLD OVER AND CALLBACK The City reaffirms its right to require - on a mandatory basis - the hold over of employees or to the calling of employees back to work during their off -duty time when conditions necessitate, as determined by the Department Head. W 0 41 SECTION 21. EDUCATIONAL LEAVE When assigned by the Fire Chief, employees may be granted leave with pay for educational purposes to attend conferences, seminars', briefing sessions or other functions of a similar nature that are intended to improve, maintain or upgrade the individual's skills and professional ability. Training activities are to be organized in the following categories for the purpose of administration and compensation: LEVEL I Activities that the Department requires individuals to attend and are necessary for the employee to do his/her job. The Department will pay registration, per diem, mileage, lodging, and coverage for the individual's position consistent with the appropriate City policy. overtime will be paid if the individual is off duty while attending. If the individual is on duty they shall return to scheduled duty after the activity is over. When individuals attend multi -day programs that are out of the local area they will be covered on scheduled work days and given overtime for the amount of actual hours conducting Department related activities. One 24 hour shift of work missed equals two nine (9) hour days of training. LEVEL II Activities either published by the Department or those that are initiated by the employee without being suggested by the Department. Attendance requires approval of the Fire Chief. Administered the same as Level I with the exception that the individual will not receive overtime pay and if related to Association business only coverage is provided. LEVEL III Classes and work -related seminars that the individual requests and college -level courses that the individual attends. The Department will reimburse tuition or registration fees similar to those for the Tuition Reimbursement Program in the case of classes or seminars that are not eligible for • 10 reimbursement under the City's Tuition Reimbursement Program with the approval of the Fire Chief. SECTION 22. TRANSFER AND BID SYSTEM Introduction: The following Transfer and Bid System program will remain in effect during the term of this MOU. If problems occur during the term of the MOU, the City and the Association will meet to look at alternative approaches to resolve those, problems. If the problems cannot be worked out to the satisfaction of both parties, the City will revert back to its previously effective Transfer and Rotation programs. A. There shall be two types of transfers: 1. Employee Requested 2. City Initiated B. Open Position Transfer: 1. When a station assignment has been vacated,it may be filled through the open position transfer process, which takes into consideration employee requests. 2. Notice of vacancies shall be posted on City bulletin boards. 3. Any employee desiring'to fill a vacant position must submit a request, in writing, to the City within seven (7) calendar days of posting of the notice. 4. If more than one employee requests to be transferred to an open rosition, seniority in rank shall be,considered. 5. The City shall have the.prerogative to grant or deny a request for transfer. 6. The transfer request will be approved or denied, in writing, within fourteen (14) calendar days of posting. • C. Mutual Agreement Transfers: 1. Employees of equal rank may request transfers. 11 9 • D. 2. Requests for transfers shall be submitted, in writing, through regular channels to the City. 3. The City may either grant or deny the request for transfer. 4. The request, approved or disapproved, shall be returned to the employee within fourteen (14) calendar days of receipt of the request.. Annual Bid System: 1. Station assignments shall be open for bid according to the following: a. Fire Captains shall have the option of bidding for transfer to be effective January of even -numbered years. b. Fire Engineers shall have the option of bidding for transfer to be effective January of odd -numbered years. C. Firefighters shall have the opportunity to bid for transfer each year. 2. All transfer requests shall be processed in accordance with the following provisions:' a. Consideration shall be given to the employee desiring to remain in his existing position. b. All transfer requests shall be submitted to the City no later than 1700 hours on December 1 of the year preceding the actual transfer.. C. If more than one employee bids to the same station, assignment and seniority in rank shall be considered. 3. The approval or denial of a request for transfer shall not be subject to the grievance or appeal process. E. City -Initiated Transfers:. 1. The City reserves the right to initiate transfer of personnel to meet the needs of the . 12 organization, taking into consideration concerns • of employees. F. The decision to transfer, or the denial of a request to transfer, pursuant to all categories of transfer mentioned herein shall not be subject to the grievance procedure or appeal process. SECTION 23.. HANDBOOK An informational handbook for Fire Department employees will be developed and updated as legislation, Personnel Rules, ordinances, and procedures change. Any changes which impact on wages, benefits, and working conditions are subject to Section 2 of this Memorandum of Understanding. SECTION 24. OVERTIME POLICY A. Scheduled Vacation Defined - Those shifts or portions of shifts that are chosen at the first of the year or before the scheduled overtime list is posted or distributed monthly. Vacation time shall be taken in 24 hour shifts until or unless the total banked hours are less than 24 hours. Scheduled overtime.is administered by the Battalion Chief in charge of personnel. A scheduled overtime list shall be distributed by the 15th of the month.prior to the effective date by the Battalion Chief in charge of scheduled vacations. Vacations shall not be changed once the list is distributed, unless it is an emergency and it is approved by staff. B. Banked Vacation Defined - Those shifts or portions of shifts that are not scheduled at the first of the year or before the scheduled overtime list is posted or distributed. Banked vacation shall not exceed 480 hours. 13 • • All vacation days not scheduled in December for the following year shall be taken on a first come basis. If an employee wants a vacation day that has not been scheduled and the day is available, that employee can call the Station 4 Captains no later than 1800 hours the day before to have it approved. Vacation days cannot be canceled after 1800 hours the day before. Limitations on the number of people allowed off on vacation per shift: 3 Captains 3 Engineers 4 Firefighters* *Two paramedics at a time per shift can be off on vacation. This will be included in the two firefighter total. C. Sian Up Overtime - Overtime shall be handled by Station 4 Captains. A master book with participating employee names and hours of overtime worked or charged shall be kept available for inspection at Station 4. A sign up list for overtime shall be kept at all stations in the Captain's office. To be eligible for overtime, the employee must be on the list before 1800 hours the day before the overtime. The employee can sign up as far as a month ahead or as little as the day before an anticipated overtime. Calls will go by the lowest hours. If there is a tie on the lowest hours of people that have signed up, the person with the most seniority in rank shall be called first. Coverage shall always be rank for rank-. When placing calls for overtime,•if the first phone call is not answered, a second call will be made to verify that the correct number was called. • 14 D. By signing your name on the overtime list, you must be home or at a fire station on that day between the hours of 0700 hours and 0800 hours to be called if needed. An employee can take their name off the list . if they call before 1800 hours the day before. An employee can call after 1800 hours the day before and add their name, but they will be called last, if needed, regardless of their hours. If more than one person calls after 1800 hours to add their name on the overtime list, they will be added.as calls are received. Station 4 Captains are to check their HP mail after 1800 hours for sign ups. If there are stations that have not reported sign ups, the captain will call each station that has not reported. The phone call to fill the vacancy may be'made the night before, however, if the person with the lowest hours is not contacted the caller must wait until 0700 hours the next morning and call again. Mandatory overtime - If more people are needed than have signed up for overtime, Station 4 Captains will go to a mandatory call from the master list. The list will start from the lowest hours to the highest hours from the master list in the book. The phone call may be made the night before, however, if the person with the lowest hours is not contacted the caller must wait until 0700 hours the next morning and call again. Twenty-four hours will be charged to anyone not answering their phone between 0700 hours and 0800 hours regardless if they have signed up or not. Employees have the right to turn down a mandatory call back on the first phone call, however they must stay by their phone if requested by the Captain in case a member agreeing to work cannot be found. Twenty-four hours 15 • 0 will be charged to anyone that turns down the first • mandatory call unless it is a 72. If everyone turns down the mandatory overtime the first time, it goes back to the person with the lowest hours. This person. shall be charged an additional 24 hours and will be . required to work. Persons called after 0800 hours for mandatory overtime may turn down the overtime without being charged hours, however, they must remain by their phone, if so asked, until the position.is filled. When a person has been mandatoried (actually forced to work on the second round of calls) his name shall be placed on a list of persons that have been mandatoried that is to be kept in the callback overtime book. After his name is on the list, a person is not subject to being forced to work another mandatory until everyone of his rank has been mandatoried, unless it is impossible to contact any other member. A person whose name is on the mandatoried list will still be called on the first round of calls for future mandatories and if he turns the time down he will be charged red hours in the book, but not be forced to work. The mandatoried list shall be kept in chronological order. The first person to be mandatoried shall be placed first on the list and all subsequent mandatories shall be listed in order below him. In the event that a position must be filled and no person not on the mandatoried list can becontacted, the position will be filled by the first person on the mandatoried list that can be contacted. An asterisk shall then be placed next to that person's name and that person shall not be forced to work another mandatory until all members of that rank have worked a second mandatory. He will still be called on the first 16 • round of calls and.will have red hours added to his total if he turns the hours down. On December 31 at 1800 hours the current mandatoried list will be thrown out and a new mandatoried list for the upcoming year will be established. There will be no carry-over from the previous year's list. Exceptions to the Mandatory Policy - Employees on vacation or trade of shifts shall not be forced to work mandatories. No member shall be contacted for mandatory overtime if on IOD, bereavement leave, or extended sick leave (extended sick leave is three shifts or more, with a doctor's note). An employee may be mandatoried into a 72, however, that employee will only be charged 24 hours and not 48. If the mandatory is a 72 hour tour, it may be turned down on the first call without any hours being charged, however, if it comes back to that employee because he has the lowest hours, he will, be charged 24 hours, not 48 hours, and.will be required to work. E. General Rules - Under this system an employee can work 72 hours but anyone working 96 hours needs permission from the Battalion Chief. Ninety-six hours can only be worked if the last shift is the call back or sign up shift and it must be approved or denied on the evening before or morning of the 96. No more than 96 consecutive hours shall be worked unless it is an emergency (Special Notice of 7-26-89, subject 96 Hours). Paramedics are not allowed to work 96 hours. Twelve to 24 hours will be added to the master list. Anything less than 12 hours will not be added to the master list. On a full shift call back an employee will be charged 24 hours regardless of the number of hours 17 0 actually worked. On a call back of any hours less than a full shift the employee will be charged the actual hours worked rounded to the nearest hour. On a strike team or emergency recall, hours will not be charged on the master list. In the event a paramedic is needed for coverage and no paramedic has signed up for that day, and a firefighter has,.the Captain shall call in the firefighter with .the lowest hours signed up that firefighter shall fill the position normally filled by the third paramedic assigned to the squad with the vacancy while on their rotation off the squad. The paramedic will then be moved to fill the vacancy on the squad. If no paramedic or firefighter has signed up for that day the Captain shall call in position for position from the lowest hours on the master list. On December 31 at 1800 hours of each year the hours on the master.list for sign up overtime shall be zeroed out. The hours on the scheduled overtime list kept by the Battalion Chief shall be carried over from year to year. An employee may not remove their name from the sign up list if it is after 1800 hours the day before the potential vacancy. Exception: If'an employee becomes ill and calls the Station 4 Captain before they are called for overtime they can take their name off the list with no penalty. If the employee is called for overtime and they have not notified Station 4 that they are ill, they will be charged 24 hours. • Probationary firefighters shall be eligible for overtime after completion of 6 months probation. When they come into the overtime system on their first opportunity they shall be averaged in. If a person 18 comes into the system after their first opportunity they are assigned the highest hours for their rank. On promotion, employees in the overtime system shall carry their overtime hours with them. Employees can remove their name from the overtime system understanding that their name shall be removed from the sign up system and the scheduled system. If too many people in any rank remove their name from the system this option may be re-evaluated by the Association and staff. When calling in sick, call your station first. If your station is not in quarters then call Station 4. Christmas, Christmas Eve and Thanksgiving may be taken as a vacation if available and you find your own relief ahead of time. The hours are charged on the sign up list after 1800 hours the night before the holiday. The coverage shall be posted on the scheduled overtime list for the correct month. Sign up overtime may not be traded for scheduled. overtime. Scheduled overtime may be traded for another scheduled overtime as long as both are already posted and the Battalion Chief approves. F. Holdover and Short Term Overtime - When an employee places their name on the sign up list for overtime they place themselves available for any time that may need to be covered that day regardless of the number of hours. G. Coverage For 1 - 4 Hours - If coverage is needed from r - 4 hours the Captain calling shall ask the employee of proper rank where the vacancy occurs if they want to hold over. If that person will not, then the Captain shall ask other employees of the proper rank on duty if they will hold over starting with the station number after the station with the vacancy. Example: If the vacancy is at Station 2 and the 19 • •, F h • employee at Station 2 does not want the holdover overtime then the Captain shall call Station 3 and continue through the stations until they find someone I willing to work it. If no one is available for holdover, then the Captain shall go to the sign up list. If the employee with the lowest hours on the sign up list does not want the 1 - 4 hours overtime they can turn it down on the first call. If no one else on the sign up list wants the overtime thevlmust work it. H. Hours If the Department needs an employee to work overtime for anything over four hours and less than twelve hours, the sign up list shall be used. Hours worked less than 12 shall not be added to the master list. If 12 or more hours are worked, the hours shall be added to the master list. If the employee with the lowest hours on the sign up list does not want the overtime over four hours and less than 12 hours they can turn it down on the first call, but if no one else on the sign up list wants the I overtime they shall work it. If an employee signs up for an overtime, they must be available to work the entire 24 hours. SECTION 25. GRIEVANCEIPROCEDURE Refer to Personnel Rule XV, Grievance and Complaint Procedure. SECTION 26. The facial hair of any employee shall not be of such length or style as to inhibit the safe or effective use of masks, headgear, self-contained breathing apparatus or safety equipment, no shall the length or style of the hair of the head extend below the bottom of the uniform cellar while the employee is in "parade rest" position. Fire Department management may require personnel "to don the above equipment in order to determine compliance with P.P] these standards. Any grievance regarding compliance with these grooming standards shall be submitted for decision by a committee consisting of one representative of the Association, one representative of management and a third person selected by the first two. In the event said representatives are unable.to mutually agree upon a thirdlmember, said person shall be selected from a panel of five (5) names to be requested from the State Conciliation Service. SECTION 27. PAYROLL DEDUCTIONS It is mutually agreed that the City will, during the term of this agreement, deduct monies and remit to the Association as authorized by employee payroll deduction authorization in the .I same manner as in effect prior to the effective date of this agreement. SECTION 28. LAYOFF POLICY AND PROCEDURE Refer to Personnel Rule XI, Layoff/Reemployment. SECTION 29. DISABILITY DISCRIMINATION A. The City's policy shall be to make such efforts as are consistent with federal and state laws to place physically or mentally disabled employees in such positions that can be made available in the City I service where their disabilities will not affect the performance of their duties. This policy will extend. I to all terms, conditions and privileges of employment. The Americans With Disabilities Act (ADA) requires accommodation for individuals on a case by case basis. Prior to accommodation for individuals on a case by case basis. Prior to the City providing an accommodation which would be contrary to negotiated I agreements, the City shall provide written notice of intent to disregard provisions and shall meet and confer over options prior to implementation. The City has a legal obligation to meet with individual employees.as necessary to discuss possible accommodation before any adjustments are made to 21' • • • working conditions. The Association shall be notified prior to the implementation of proposed accommodations by the City which;affect an employee or group of employees within their respective bargaining unit. Accommodations provided to an individual.protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of past practice in any grievance process.. B. No employee shall hold any position in a class where such individual poses a risk to the health or safety of the individual or others. SECTION 30. MISCELLANEOUS LEAVES OF ABSENCE In conformance with Resolution 1277 and Rule X of the Personnel Rules and Regulations of the City of West Covina, upon the written request of an employee stating the reasons therefore, leaves of absence with or without pay up to a maximum of one year may be granted for such purposes as to attend school, handle personal business, if temporarily.incapacitated or for some other satisfactory reason. The granting of a leave of absence entitles an employee to return to his classification before or at the expiration of his leave of absence. Therefore, a leave of absence shall be granted only to an employee who intends to return to his classification with the City. SECTION 31. SAFETY EQUIPMENT The City agrees to furnish or otherwise provide all safety equipment for each fire safety employee as may be required by law, judicial mandate, or administrative regulation. SECTION 32. NOTICE OF -FUTURE MEET AND CONFER If the Association desires to meet and confer with representatives of the City of West Covina concerning improvements or changes in wages, hours, or other conditions of employment for the employee members represented by the Association which would take effect on or after January 1, 1996, the Association shall serve upon the City Manager a written • request to meet and confer no later than September 1, 1995. 22 WEST COVINA FIREFIGHTERS' ASSOCIATION LOCAL #3226 IAFF, AFL-CIO, CLC BY DATE -7 h ,5 3 APPROVED AS TO FORM: CITY ATTORNEY jc:FUtEMOU.DU 23 • 0