HomeMy WebLinkAboutUnit 5 - Amended MOU - IAFF Non Management-FireAMENDED
BETWEEN AND FOR THE
CITY OF FRESNO
AND
FRESNO CITY FIREFIGHTERS ASSOCIATION
LOCAL No. 202
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
A.F.L.-C.I.O.
(Non-Management Fire - Unit 5)
EFFECTIVE DECEMBER 9, 2021 THROUGH JUNE 30, 2024
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page i
TABLE OF CONTENTS
ARTICLE I – PREAMBLE ................................................................................................ 1
A. PURPOSE.......................................................................................................... 1
B. DEFINITIONS .................................................................................................... 1
C. GOVERNING LAWS .......................................................................................... 1
ARTICLE II – EMPLOYEE RIGHTS ................................................................................ 2
A. GENERAL .......................................................................................................... 2
B. EMPLOYEE RESPONSIBILITIES ...................................................................... 2
C. NONDISCRIMINATION ..................................................................................... 2
ARTICLE III – CITY RIGHTS .......................................................................................... 3
A. GENERAL .......................................................................................................... 3
ARTICLE IV – RECOGNITION ....................................................................................... 4
A. ASSOCIATION RECOGNITION ........................................................................ 4
B. RECOGNITION OF UNIT DESCRIPTION ......................................................... 4
C. FIREFIGHTER TRAINEE PROGRAM ............................................................... 4
D. CITY RECOGNITION ......................................................................................... 6
E. RECOGNITION OF MUTUAL OBLIGATION ..................................................... 6
F. INFORMATION TO ASSOCIATION ................................................................... 6
G. LEAVE FOR ASSOCIATION BUSINESS BY UNION OFFICERS ..................... 7
H. LOCKOUT AND STRIKE ................................................................................... 8
I. BULLETIN BOARDS .......................................................................................... 8
J. NEW EMPLOYEE ORIENTATION ..................................................................... 8
K. EMPLOYEE INFORMATION ............................................................................. 8
ARTICLE V – SCOPE OF REPRESENTATION ............................................................. 9
A. GENERAL .......................................................................................................... 9
B. GRIEVANCE PROCEDURE .............................................................................. 9
C. USE OF HEARING OFFICER IN DISCIPLINARY ACTION INITIATED
BY CITY ........................................................................................................... 12
D. IN LIEU OF SUSPENSION .............................................................................. 12
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page ii
ARTICLE VI – DUES DEDUCTION ............................................................................... 13
A. DUES CHECK-OFF ......................................................................................... 13
B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION ............................. 13
C. DUES DEDUCTION ......................................................................................... 13
ARTICLE VII – COMPENSATION AND BENEFITS ...................................................... 15
A. GENERAL ........................................................................................................ 15
B. SALARIES........................................................................................................ 15
C. PENSION CONTRIBUTION ............................................................................. 16
D. HEALTH AND WELFARE ................................................................................ 17
E. UNIFORM ALLOWANCE ................................................................................. 18
F. OVERTIME/SHIFT REPLACEMENT, COMPENSATORY TIME OFF, AND
PREMIUM PAY ................................................................................................ 18
1. Overtime/Shift Replacement ...................................................................... 18
2. Compensatory Time-Off (CTO) ................................................................. 20
3. Specialty Team Premium Pay ................................................................... 21
4. Education Incentive Pay (EIP) ................................................................... 26
5. Certificate Premium Pay ............................................................................ 26
6. Bilingual Certification Program .................................................................. 27
7. Acting......................................................................................................... 28
8. Canine Assignment ................................................................................... 29
G. SICK LEAVE BENEFIT AT THE TIME OF ELECTION TO ENTER THE
DEFERRED RETIREMENT OPTION PROGRAM (DROP) OR AT
RETIREMENT ................................................................................................. 30
H. LEAVES ........................................................................................................... 30
1. Holiday Leave ............................................................................................ 30
2. Vacation Leave .......................................................................................... 31
4. Sick Leave/Protected Sick Leave/Bereavement Leave ............................. 32
5. Compensation for Unused Leave .............................................................. 33
I. HEALTH REIMBURSEMENT ARRANGEMENT .............................................. 33
J. JURY DUTY AND COURT TIME ..................................................................... 34
K. RELIEF ............................................................................................................ 35
L. ABSENT WITH RELIEF (AWR) ....................................................................... 35
M. WORKERS' COMPENSATION ........................................................................ 36
N. STARTING STEPS WHEN PROMOTED ......................................................... 37
O. ASSIGNMENT TRANSFERS ........................................................................... 37
P. TEMPORARY REASSIGNMENTS .................................................................. 37
Q. THREE PERSONS FOR 2 HOURS ................................................................. 37
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page iii
R. FIRE SUPPRESSION SERVICE DELIVERY ................................................... 37
S. AMERICANS WITH DISABILITIES ACT (ADA), FAMILY MEDICAL LEAVE
ACT (FMLA), CALIFORNIA FAMILY RIGHTS ACT (CFRA) AND WORKPLACE
VIOLENCE ....................................................................................................... 38
T. HOURS OF WORK AND SCHEDULES ........................................................... 38
ARTICLE VIII ................................................................................................................. 41
HEADINGS/REFERENCES/CITATIONS .................................................................. 41
A. HEADINGS ...................................................................................................... 41
B. REFERENCES/CITATIONS............................................................................. 41
ARTICLE IX ................................................................................................................... 42
SAVINGS CLAUSE/FULL UNDERSTANDING ......................................................... 42
A. SAVINGS CLAUSE .......................................................................................... 42
B. FULL UNDERSTANDING ................................................................................ 42
ARTICLE X .................................................................................................................... 43
TERMINATION .......................................................................................................... 43
EXHIBIT I – SALARIES EFFECTIVE JUNE 21, 2021 ................................................... 46
EXHIBIT II – SALARIES EFFECTIVE JUNE 20, 2022 .................................................. 46
EXHIBIT III – SALARIES EFFECTIVE JUNE 19, 2023 ................................................. 46
EXHIBIT IV – SALARIES EFFECTIVE SEPTEMBER 25, 2023 .................................... 47
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 1
ARTICLE I
PREAMBLE
A. PURPOSE
This Memorandum of Understanding, hereinafter MOU, entered into between the
City of Fresno, hereinafter referred to as the City, and Fresno City Firefighters
Association Local 202, International Association of Firefighters, AFL-CIO, (Non-
Management Fire – Unit 5) hereinafter referred to as the Association, has as its
purpose: to establish wages, hours, and other terms and conditions of employment
for the members of this Unit.
B. DEFINITIONS
Unless the particular provision or the context otherwise requires, and except to the
extent that a particular word or phrase is otherwise specifically defined in this MOU,
the definitions and provisions contained in Sections 3-101, 3-202, 3-301, 3-401,
and 3-603 of the Fresno Municipal Code (hereinafter FMC) shall govern the
construction, meaning, and application of words and phrases used herein. The
definition of each word or phrase shall constitute, to the extent applicable, the
definition of each word or phrase which is derivative from it, or which it is a
derivative, as the case may be.
C. GOVERNING LAWS
The legal relationship between the City and its employees and the City and the
Association is governed by Chapter 10 of Division 4 of Title I of the Government
Code (Section 3500 et seq., commonly known as the Meyers-Milias-Brown Act),
Chapter 4 of Part 7 of Division 2 of the California Labor Code (Sections 1960, 1961,
1962, and 1963), the Fire Fighters Procedural Bill of Rights Act (FBOR) (California
Government Code Sections 32580 et seq.), as may be amended from time to time,
and Article 6 of Chapter 3 of the FMC. In the event of any conflict between said
laws and this MOU or in the event of conflicts in interpretation, said laws shall
govern.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 2
ARTICLE II
EMPLOYEE RIGHTS
A. GENERAL
The rights of employees, except as expressly modified herein, are as set forth in
FMC Section 3-604. Execution of this MOU by the Association shall not be deemed
a waiver of any Association or employee right unless the right is clearly or explicitly
modified or restricted herein.
B. EMPLOYEE RESPONSIBILITIES
All employees in the Non-Management Fire Unit, hereinafter Unit, acknowledge
that the City shall consider the positions and proposals of the Association as the
meet and confer positions and proposals of all employees, individually and
collectively, in said Unit.
C. NONDISCRIMINATION
The provisions of this MOU shall apply equally to, and be exercised by, all
employees consistent with state and federal nondiscrimination statutes. City
practices and policies will be consistent with the requirements mandated by
applicable federal and state nondiscrimination statutes.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 3
ARTICLE III
CITY RIGHTS
A. GENERAL
1. The rights of the City include those rights enumerated in FMC Section
3-605, as the same may be amended from time to time.
2. All other rights formerly or presently enjoyed by or vested in the City on the
effective date of this MOU and not mentioned in paragraph 1, are retained
by and reserved to the City unless explicitly waived by the City by resolution
of the Council, or by Council approved MOU.
3. Nothing in this MOU shall be construed as delegating to others the authority
conferred by law on the City, or in any way abridging or reducing such
authority.
4. This MOU is not intended to restrict consultation in good faith with the
Association regarding matters within the right of the City to determine.
5. This MOU shall be construed as requiring the City to follow its provisions in
the exercise of the authority conferred upon the City by law, except that this
clause shall not be deemed to be a grant of authority to sue any person,
including the Association, not otherwise existing.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 4
ARTICLE IV
RECOGNITION
A. ASSOCIATION RECOGNITION
The City acknowledges the Association as the recognized employee organization
representing the Unit, and therefore, shall comply with all provisions of the Meyers-
Milias-Brown Act (Government Code §3500 et seq.) including, but not limited to,
meeting and conferring in good faith promptly upon request by either party, and
continue for a reasonable period of time in order to exchange freely information,
opinions, and proposals, and to endeavor to reach agreement; provided, that this
subsection A does not impose on either party a contractual duty to meet and confer
beyond what is required by the Meyers-Milias-Brown Act. Nothing in this provision
is intended to supersede provisions of Article X, Section C.
B. RECOGNITION OF UNIT DESCRIPTION
The Non-Management Fire Unit consists of all employees holding a permanent
position, as defined in FMC Section 3-202(p)(4), in one of the following classes,
listed in Exhibit 5 of the current salary resolution, as such Unit may be modified
from time to time pursuant to the provisions of the FMC:
Firefighter Trainee
Firefighter
Firefighter Specialist
Fire Captain
Fire Investigation Unit Supervisor
C. FIREFIGHTER TRAINEE PROGRAM
1. Classification
a. The City has created a job classification titled Firefighter Trainee.
The Fire Department may hire a maximum of ten (10) additional
Firefighter Trainees above the number of vacancies that exist in the
Firefighter Class. Employees assigned to a Firefighter Trainee
position cannot attain permanent status.
b. A Firefighter Trainee shall be trained in and shall perform the various
duties typical of a Firefighter, with the exception that the Firefighter
Trainee shall not perform fire suppression or medical aid duties prior
to appointment as a Firefighter. A Firefighter Trainee may assist in
fire inspections, apparatus maintenance and repairs or other duties
as assigned.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 5
2. Recruitment and Retention
a. Employees occupying the Firefighter Trainee allocated positions
shall be required to attend and participate in the City of Fresno Fire
Department Academy prior to promotion to the rank of Firefighter.
b. Upon successful completion of the City of Fresno Fire Department
Academy, a Firefighter Trainee shall be promoted to a Firefighter
position if a vacancy exists. Firefighter Trainees offered a position in
the absence of a vacancy will be made aware of their hiring order.
Promotions will be made and be based upon the order in which the
Firefighter Trainee was hired.
c. If, upon successful completion of the City of Fresno Fire Department
Academy, there are no Firefighter vacancies, the remaining
Firefighter Trainees shall remain in such class until a position
becomes vacant.
d. While serving in a Firefighter Trainee position, the Trainee can be
terminated for the good of the service as an at-will probationary
employee.
3. Compensation and Benefits
a. Employees assigned to the Firefighter Trainee position shall be
compensated at the rate of ninety percent (90%) of an A Step
Firefighter while attending the City of Fresno Fire Department
Academy and shall continue to be compensated at that rate until
appointed to rank of Firefighter.
b. Employees assigned to the Firefighter Trainee position shall be
assigned to a forty (40) hour workweek beginning on Monday at
12:01 a.m. and ending on Sunday at midnight. Employee’s daily work
schedules may be adjusted to accommodate training provided by the
Fire Department.
c. Employees assigned to the Firefighter Trainee position shall be
compensated at the overtime rate of time and one-half (1.5) their
regular rate of pay for any work over forty (40) hours in a work week.
Compensatory time (CTO) for Firefighter Trainees shall be limited to
forty (40) hours per employee. Upon completion of the City of Fresno
Fire Department Academy and when assigned to a 56 hour position,
Compensatory Time Off (CTO) balances for Firefighter Trainees will
be converted to a 56 hour accrual rate.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 6
d. Employees assigned to the Firefighter Trainee position shall be
entitled to all benefits afforded to the Firefighters unless otherwise
provided in this sub-section (Subsection 3).
e. Employee retirement contributions plus interest associated with the
contributions would be refunded if the Firefighter Trainee leaves the
Fire Department at the completion of the period noted in 2.d., above.
D. CITY RECOGNITION
The Association recognizes the City Manager of the City, or such other person as
may be designated in writing, as the designated representative of the City pursuant
to FMC Section 3-615.
E. RECOGNITION OF MUTUAL OBLIGATION
The Association and the City recognize and acknowledge their mutual obligation
and responsibility to effectuate the purposes set forth in herein, and to adhere to
the conditions and clauses set forth in this MOU.
F. INFORMATION TO ASSOCIATION
1. The City shall provide to the Association:
a. Changes to the Salary Resolution.
b. Changes to Job Specifications for classes in this Unit.
c. Changes to the Administrative Order Manual that affect employees
in this Unit.
2. The Fire Department shall provide:
a. Copies of written departmental policies, rules and regulations prior
to implementation, on matters which directly affect employees in this
Unit, except in an urgent situation, in which case the City shall
discuss the issue with the Association as soon as possible thereafter.
b. An opportunity to discuss matters of interest to employees in this
Unit, directly with the Association or through committees or advisory
bodies created for that purpose.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 7
G. LEAVE FOR ASSOCIATION BUSINESS BY UNION OFFICERS
1. During the term of this Agreement, the Department will permit up to a
maximum of 1,000 hours of time off per year for Association Executive
Board members to participate in employee organization activities, subject
to the following:
a. The Department shall invoice the Association on or before
September 20, December 31, March 31, and June 30 of each year
for actual time used.
b. The Association shall reimburse the Department within 15 days of
receiving the invoices.
c. The amount reimbursed shall be for the actual cost of the
employee(s)’ hourly rate while on leave for Association Business.
2. In addition to the above paragraph (number1), the Association President,
Vice-President, and/or Secretary-Treasurer may use CTO, vacation or
holiday, for Association business.
a. The above specified Association officers in paragraph 2 shall have
the option of drawing the final two annual vacation periods of the
fiscal year, or of drawing vacation periods according to the guidelines
for all employees.
b. All vacation and/or holiday leave that is taken for Association
business will be deducted from the Association officers scheduled
leave period(s). The assigned period from which the time will be
deducted will be at the discretion of the Association officer, subject
to subsection (c) below.
c. In the event the time previously taken is not specified one month prior
to the Association officers' next scheduled vacation period, the time
previously taken will be deducted from that vacation period.
d. There will be a monthly cap of three hundred twelve (312) hours of
accumulated Holiday Leave each for the President, Vice President,
and Secretary/Treasurer for IAFF, Local 202. The three hundred
twelve (312) hour accrual balance cap for these elected Association
officers shall remain for a period of one year after the conclusion of
their respective term of office, after which any excess over one
hundred fifty-six (156) hours shall be cashed out and paid to the
respective Association officer automatically.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 8
H. LOCKOUT AND STRIKE
1. No lockout of employees shall be instituted by the City during the term of
this MOU.
2. Nothing contained in this section is intended to waive or infringe upon any
rights guaranteed to any party or entity under the Meyers-Milias-Brown Act
(MMBA), Government Code §§ 3500, et seq., or any other applicable State
or Federal law.
3. Participation by an employee in an unlawful strike or work stoppage shall
subject the employee to disciplinary action, up to and including removal
from City service. Participation by an employee in a lawful strike or work
stoppage is protected activity and will not subject the employee to
disciplinary action.
I. BULLETIN BOARDS
The Association may use designated portions of City Bulletin Boards in City
Facilities in which members of this Unit are on duty.
J. NEW EMPLOYEE ORIENTATION
The Fire Department will continue to provide an opportunity for IAFF to address
new hires during department training/orientation. IAFF will be provided a minimum
of a two (2) hour block of time in the program. The Fire Department will notify IAFF
at least ten (10) days in advance of a
scheduled orientation.
K. EMPLOYEE INFORMATION
The City will provide the employee information it has on file in compliance with
California Government Code §3358 for all new hires in the bargaining unit within
30 days of hire, as well as all employees represented by IAFF at least once per
quarter.
Pursuant to California Government Code §3358, employees may opt out of
releasing the following information to the union: home address, home and personal
cellular telephone numbers, and personal email addresses. Such information will
not be provided for peace officers in the Fire Investigation Unit.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 9
ARTICLE V
SCOPE OF REPRESENTATION
A. GENERAL
1. "Scope of representation" means all matters relating to employer-employee
relations, including, but not limited to, wages, hours, and other terms and
conditions of employment. Employee rights, as set forth in FMC Section 3-
604, and City rights as set forth in FMC Section 3-605 (a), are excluded
from the scope of representation.
2. The Association is the exclusive representative of all employees within the
Unit.
B. GRIEVANCE PROCEDURE
1. A grievance is a dispute concerning the interpretation or application of any
existing policy, practice, written City rule or regulation governing personnel
practices or working conditions, including this MOU. A grievance involves
the claimed misapplication or misinterpretation of a rule or regulation
relating to an existing right or duty; it does not relate to the establishment or
abolition of a right or duty. This procedure shall not apply to any dispute for
which there is another established resolution procedure, including but not
limited to, appeal to the Civil Service Board, Retirement Board, or unfair
employer-employee relations charge, fact-finding procedure, or as outlined
below.
2. A written grievance must set forth the rule, regulation, policy or specific
section of the MOU claimed to have been violated, must describe the
specific incident or circumstances of the alleged violation, and specify the
remedy sought or it will be returned to the grievant for appropriate
completion before being processed. Any dispute between the parties as to
the grievability of an issue or as to whether the requirements of this
procedure have been met shall be presented to the Grievance Advisory
Committee. The Committee shall rule on the dispute before proceeding with
the hearing. The Committee will be bound by the agreement of the parties
regarding timeliness.
3. The Association may represent employees covered by this MOU on a
grievance under the grievance procedure.
4. An Association Officer designated by the Association in writing shall be
excused from regular duties without loss of compensation for such time as
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 10
is necessary to attend and represent the grievant at a grievance hearing,
beginning at the first level of supervision.
5. The procedure and sequence in filing and processing a grievance shall be
as follows:
Step One
a. The grievant and/or Association representative shall discuss the
grievance with the grievant’s immediate supervisor or designee
before a written grievance may be filed.
(1) If the grievance is not settled through this discussion, it either
may be discussed with the next higher supervisor or a written
grievance may be filed with the grievant’s immediate
supervisor. A written grievance must be filed, with a copy
being sent to the Labor Relations Division, within twenty-one
(21) calendar days from the time the employee becomes
aware or should have become aware of the issue or incident
giving rise to the problem.
(2) Upon receipt of a written grievance, the immediate supervisor
shall give the grievant a written reply, with a copy sent to
Labor Relations, within nine (9) calendar days.
Step Two
a. Should the grievant not be satisfied with the answer received from
the immediate supervisor, the grievant may, within nine (9) calendar
days, file an appeal to the department head or designee. The
department head or designee shall have twenty-one (21) calendar
days after receipt of the appeal to review the matter, investigate and
provide a written answer to the appeal, explaining clearly the
decision or proposed action and reasons thereof. The grievant
and/or representative shall have the opportunity, if desired, to
present to the Fire Chief the position regarding the grievance. Copies
of any correspondence should be sent to Labor Relations.
b. The City, the grievant, and/or the Association may mutually agree to
waive steps one (1) and two (2) and proceed directly to hearing by the
Grievance Advisory Committee when the issue is one over which the
grievant’s supervisor or department head has no jurisdiction.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 11
Step Three
a. If the grievant is not satisfied with the decision of the department
head or designee, the grievant may within nine (9) calendar days
after receipt of the written reply, file a request for a review of the
department head’s or designee’s decision to the Grievance Advisory
Committee. The review/appeal to the Grievance Advisory Committee
shall be referred to the Association for review and recommendations
before it is delivered to the Labor Relations Division.
b. The City and the Association may agree to seek resolution of the
grievance through mediation using the services of the State
Mediation and Conciliation Service, prior to hearing by the Grievance
Advisory Committee. Time limits for processing of the grievance are
automatically extended as long as mediation is in process. The fees
and expenses of the mediator shall be paid half by the City and half
by the Association.
Step Four
a. The Grievance Advisory Committee shall be composed of (3) three
members: one selected by the Association, one selected by the City
and the Chairperson. The Chairperson may be chosen either by
mutual agreement of the Association and the City, or by the “strike”
method from a list of neutrals provided by the State Mediation and
Conciliation Service. If the Chairperson is selected by the strike
method from the list of neutrals provided by the State Mediation and
Conciliation Service, then the Grievance Advisory Committee shall
be comprised of the selected neutral.
b. From the date a grievance, otherwise meeting all criteria for the filing
and processing of a grievance, reaches the Labor Relations Division,
the Grievance Advisory Committee will attempt to convene within
thirty (30) calendar days in order to hear the grievance. Any fees and
expenses for the GAC shall be paid half by the City and half by the
Association.
c. The neutral and Grievance Advisory Committee shall be bound by
the language of this MOU, City Administrative Orders, ordinances,
rules and regulations, and department rules and regulations
consistent therewith in considering any issue properly before them.
The neutral and Grievance Advisory Committee shall be expressly
confined to the precise issues submitted and shall have no authority
to consider any other issue not so submitted. The neutral and
Grievance Advisory Committee may not recommend changes in
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 12
established wages or benefits, nor recommend the payment of back
wages or benefits to a date prior to the date of the incident which
gave rise to the grievance.
d. The Grievance Advisory Committee shall conduct a hearing, and
make a recommendation to the City Manager within thirty (30)
calendar days of their last meeting.
Step Five
The City Manager or designee shall review the decision of the Fire
Chief and recommendations of the Grievance Advisory Committee
and shall render a final written decision to the grievant within twenty-
one (21) calendar days after receipt from the Grievance Advisory
Committee.
6. Failure of the grievant to file the grievance or an appeal within the specified
time limit for any step of the procedure shall constitute an abandonment of
the grievance.
7. Failure of the responsible supervisor or official of the City to render a
decision within the specified time limit established by this procedure shall
automatically move the grievance to the next higher level for action, without
action required of the grievant. All time limits herein may be extended by
mutual agreement of the parties.
C. USE OF HEARING OFFICER IN DISCIPLINARY ACTION INITIATED BY CITY
Members may elect the alternative appeal procedure before a hearing officer
instead of a hearing before the Civil Service Board, as provided in FMC Section 3-
283.
D. IN LIEU OF SUSPENSION
By mutual agreement between the Chief (with prior City Manager approval) or
designee and the affected employee, an employee suspended from duty without
pay may forfeit accumulated holiday, CTO, and/or vacation credits equal to the
number of hours of suspension in lieu of the suspension. If the suspension is
reduced or reversed at the conclusion of the appeal process, the City shall
reinstate the appropriate amount of forfeited credits. This provision is not subject
to the grievance procedure.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 13
ARTICLE VI
DUES DEDUCTION
A. DUES CHECK-OFF
1. The City shall deduct the dues or benefit premiums, or both, following
receipt of notice from the Association that authorization has been provided
to the Association by members in the Unit. The City shall stop dues or
benefit premiums, or both, upon receipt of notice from the Association that
authorization has been provided to the Association by members in the Unit.
Should there be a dispute regarding the deduction of dues, the Association
shall provide the City with a copy of the authorization(s) signed by the
employee.
2. A Dues Deduction Authorization may be revoked by a member in the Unit,
and the dues or benefit deduction canceled by representation to the
Association.
3. The Association, in consideration for and as a condition of the City
withholding and transmitting payroll and benefit deductions authorized by
this Section and in compliance with California Government Code § 1153,
shall hold harmless the City of Fresno, its officers, and employees from any
liability that may result from making, canceling, or changing requested
deductions.
4. Upon written authorization by a retired member of the Association, the City
shall deduct Association deductions, credit union deductions and benefit
fund deductions from the retirement check of such retired member and
forward such deductions as designated in such authorization.
B. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION
The Association member's earnings must be sufficient after other legal and
required deductions are made to cover the amount of the dues deduction
authorized. When a member is in a non-pay status for an entire pay period, no
dues deduction shall be made from future earnings to cover that pay period, nor
will the member deposit with the City the amount which would have been deducted
if the member had been in a pay status during the pay period. In the case of a
member who is in a non-pay status during only a part of the pay period and whose
salary is insufficient to cover other legal and required deductions, no dues
deduction or deposit shall be made.
C. DUES DEDUCTION
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 14
Dues deductions covering all such deductions shall be transmitted by electronic
funds transfer to an account specified by Fresno City Firefighters Association Local
#202.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 15
ARTICLE VII
COMPENSATION AND BENEFITS
A. GENERAL
All economic benefits, provided by Council ordinance or formal Council resolution
and not otherwise clearly and explicitly modified or restricted in this MOU, shall
be continued without alteration during the term of this MOU.
B. SALARIES
1. Retroactively Eeffective * * * June 21, 2021, salaries * * * were increased
by three percent (3%) as reflected in Exhibit I, attached hereto and
incorporated by this reference.
* * * Each active employee * * * received a one-time pensionable lump sum
payment equivalent to three percent (3%) of actual base wages earned by
the employee in Fiscal Year 2021 from August 17, 2020, through June
30, 2021. * * * Employees will be compensated the retroactive wage
increase from June 21, 2021 through June 30, 2021, less the lump sum
wage increase already provided to employees from June 21, 2021
through June 30, 2021.
For Tier I COLA purposes only, this one-time lump sum payment will be in
lieu of and implemented like a 3% salary increase effective upon ratification
and sun setting 6/30/2022.
For Tier II, this one-time lump sum payment shall modify the definition of
Compensation and for Average Compensation purposes, shall be divided
by 36-consecutive-months like holiday pay downs and other pensionable
leave cash-outs.
2. Effective * * * June 20, 2022, salaries * * * were increased by three percent
(3%), as reflected in Exhibit II, attached hereto and incorporated by this
reference.
3. Effective June 20, 2022, an “H” Step will be added to the salary range
for the classifications of Firefighter, Firefighter Specialist, Fire
Captain, and Fire Investigation Unit Supervisor, as reflected in Exhibit
II. The “H” Step represents a five percent (5%) increase above the “G”
Step. Employees are required to serve one (1) year at the “G” Step
prior to progressing to the “H” Step, pursuant to Section 2 of the
Salary Resolution.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 16
4. Effective * * * June 19, 2023, salaries will be increased by three percent
(3%), as reflected in Exhibit III, attached hereto and incorporated by this
reference.
5. Effective September 25, 2023, an “I” Step will be added to the salary
range for the classifications of Firefighter, Firefighter Specialist, Fire
Captain, and Fire Investigation Unit Supervisor, as reflected in Exhibit
IV. The “I” Step represents a five percent (5%) increase above the “H”
Step. Employees are required to serve one (1) year at the “H” Step
prior to progressing to the “I” Step, pursuant to Section 2 of the Salary
Resolution.
46. COLA Adjustment for Career Rank Average Method DROP Members and
Retirees
Effective December 23, 2019, any future cost-of-living adjustments (“COLA
adjustments”) for Career-Rank Average Method Deferred Retirement
Option Program (“DROP”) members and retirees who entered DROP or
retired (not having entered DROP) from positions in this unit under FMC
Section 3301(a)(9) prior to December 23, 2019, and whose COLA
adjustments are calculated using the “F” Step of their respective rank, shall
have their COLA adjustments calculated under FMC Section 3-301(a)(9)
using the “G” Step salary in lieu of their “F” Step salary to determine average
compensation.
57. COLA Adjustments for Final Three Year Average Method DROP Members
and Retirees
Effective December 23, 2019, any future COLA adjustments for Final Three
Year Average Method DROP members and retirees shall be calculated
pursuant to FMC Section 3-302(g).
C. PENSION CONTRIBUTION
The following applies to an employee’s pension contribution:
1. Pension Contribution:
a. Effective September 5, 2016, the City discontinued payment of one
percent (1%) of the employee’s pension contribution for employees
hired before July 14, 2014.
b. Effective July 1, 2017, all employees hired before July 1, 2014 shall
make an additional contribution equal to one percent (1%) of their
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 17
pensionable compensation to the City of Fresno Fire and Police
Retirement System, reducing the City contribution by a
corresponding amount. In accordance with Internal Revenue Code
Section 414(h)(2) and related guidance, the City shall pick-up and
pay the contribution by salary reduction in accordance with this
provision to the City of Fresno Fire and Police Retirement System.
The employee shall have no option to receive the one percent (1%)
contribution in cash. The one percent (1%) contribution paid by the
employee will not be credited to an employee’s accumulated
contribution account nor will it be deposited into a member’s Deferred
Retirement Option Program (“DROP”) account.
c. All employees hired on or after July 1, 2014 shall make an additional
contribution equal to three percent (3%) of their pensionable
compensation to the City of Fresno Fire and Police Retirement
System, reducing the City contribution by a corresponding amount.
In accordance with Internal Revenue Code Section 414(h)(2) and
related guidance, the City shall pick-up and pay the contribution by
salary reduction in accordance with this provision to the City of
Fresno Fire and Police Retirement System. The employee shall have
no option to receive the three percent (3%) contribution in cash. The
three percent (3%) contribution paid by the employee will not be
credited to an employee’s accumulated contribution account nor will
it be deposited into a member’s Deferred Retirement Option Program
(“DROP”) account.
d. Applicability to DROP Members: Effective September 5, 2016, the City
discontinued the supplemental one percent (1%) payment as salary to
an employee who has entered DROP.
D. HEALTH AND WELFARE
The Fresno City Employees Health and Welfare Trust has the sole authority to
determine the benefits that will be provided. The sole responsibility of the City
under this clause is to provide a set dollar amount to be contributed to the Trust on
behalf of the employees represented by the Association.
Effective August 1, 2014 the City’s contribution will be seventy-five percent (75%)
of the premium established by the Fresno City Employees Health and Welfare
Trust Board. Employees may opt to contribute the amount necessary to make up
the difference through payroll deductions, or accept a reduced coverage option.
The cost of any future increases in the health and welfare premium will be shared
on a fifty percent (50%) basis by the City and employees, except that employees
will be required to pay no more than thirty percent (30%) of the premium
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 18
established by the Fresno City Employees Health and Welfare Trust Board. At
such time as the employee share is set at 30%, the City shall pay 70%.
Should any other represented bargaining unit in the City negotiate a successor
MOU, or extend the period of an MOU, or have terms imposed resulting in a greater
contribution by the City (including maintenance of percentage contributions) the
City, upon the Association’s written request, will match that benefit.
E. UNIFORM ALLOWANCE
Employees shall receive one thousand five hundred dollars ($1,500) per year as a
uniform purchase and maintenance allowance, prorated and paid in semi-annual
installments on the last pay period in December and June. The uniform allowance
provided above shall be pensionable compensation for the purposes of calculating
pension benefits.
F. OVERTIME/SHIFT REPLACEMENT, COMPENSATORY TIME OFF, AND
PREMIUM PAY
1. Overtime/Shift Replacement
a. Overtime/Shift Replacement hiring is governed by Fresno Fire
Department Administrative Manual 101.002 Constant Staffing Policy,
and may be modified, with prior City Manager approval, by mutual
agreement of the parties. Voluntary/non-voluntary overtime/shift
replacement shall be processed on a rank-for-rank basis. If
insufficient personnel are available, the overtime/shift replacement
will be made available to the next lower rank.
b. Payment of overtime/shift replacement worked shall be at the rate of
time and one-half. Employees who are on CTO at the time they are
also working overtime/shift replacement will be paid in cash.
c. Employees will be compensated for training and travel time pursuant
to the provisions of the Fair Labor Standards Act and City
Administrative Orders.
d. Employees on * * * holiday time may be permitted to work available
overtime/shift replacement in accordance with the Fresno Fire
Department Administrative Manual 101.002 Constant Staffing Policy.
e. Members may not work overtime/shift replacement except for
mandatory holdovers and/or mandatory recalls while on
scheduled or unscheduled Vacation Leave. Members may opt
to cancel their scheduled or unscheduled Vacation Leave with
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 19
at least one (1) calendar week’s notice with the actual amount
of Vacation Leave cancelled restored to their Vacation Leave
bank, at which time they may work overtime/shift replacement.
In the event an employee cancels their scheduled Vacation
Leave, they may work within the process to reschedule Vacation
Leave while adhering to the limitation of five (5) employees off
per rank per day for uncovered shifts or opting to reschedule
with a replacement if they have not exhausted the limitation of
288 hours per fiscal year.
f. Upon return to the fire station by a crew which has been held over
past its normal relief time (i.e., 0800 hours), crew members shall
perform those duties necessary to be performed prior to being
relieved from duty, as determined by the company commander. The
time required for performance of such duties shall be compensated
at the applicable overtime/shift replacement rate. The department
may promulgate such rules and regulations as may be necessary to
provide guidelines for activities required to be performed prior to
relief.
g. Off-duty employees reporting to work to fill a roster position outside
of their regularly scheduled work shift shall be paid a minimum of two
hours at the overtime/shift replacement rate of pay.
On-duty employees who have previously agreed to work overtime,
which commences at 0800 hours on the shift immediately following
the shift that they are working, shall not be eligible for the two-hour
minimum. In the event that the overtime/shift replacement period is
cancelled or curtailed, the employees shall be paid only for the actual
time worked.
h. Overtime/Shift Replacement Hours-Conversion Rate Factor – An
employee regularly assigned to a fifty-six (56) hour workweek
schedule who works overtime/shift replacement on a voluntary basis
for the purpose of filling an absence created by an employee
regularly assigned to a forty (40) hour workweek schedule shall be
compensated at the overtime/shift replacement rate of time and one-
half (1.5) times a 1.4 conversion rate factor for each overtime/shift
replacement hour worked in the forty (40) hour position. Employees
who are on CTO at the time they are also working overtime/shift
replacement will be paid in cash. In all other instances of overtime
worked, an employee regularly assigned to a fifty-six (56) hour
workweek schedule shall not be eligible for overtime/shift
replacement compensation at the 1.4 conversion rate factor.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 20
(1) In addition to the paragraph above, an employee regularly
assigned to a fifty-six (56) hour workweek schedule shall not
be eligible for overtime/shift replacement compensation
based on conversion to a forty (40) hour workweek pay rate
for assigned work which is a regular part of suppression line
job functions that are not otherwise regularly assigned to forty
(40) hour workweek schedule employees (e.g., including but
not limited to, promotional interview boards, suppression line
training, emergency medical technician training, light duty,
and special projects or committees).
(2) An employee regularly assigned to a forty (40) hour workweek
schedule who works overtime on a voluntary basis for the
purpose of filling an absence created by an employee
regularly assigned to a fifty-six (56) hour workweek schedule,
or assigned to a Strike or OES Team, shall be compensated
at the overtime/shift replacement rate of time and one-half
(1.5) divided by a 1.4 conversion rate factor for each
overtime/shift replacement hour worked in the fifty-six (56)
hour position. Employees who are on CTO at the time they
are also working overtime/shift replacement will be paid in
cash. In all other instances of overtime/shift replacement
worked, an employee regularly assigned to a forty (40) hour
workweek schedule shall not be eligible for overtime/shift
replacement compensation at the 1.4 conversion rate factor.
2. Compensatory Time-Off (CTO)
a. Employees on a fifty-six (56) hour work week may, when working
overtime/shift replacement, elect to accrue CTO at the time and one-
half rate in lieu of cash payment up to one hundred forty-four (144)
hours of CTO per fiscal year. In the last pay period of each fiscal
year, any unused CTO up to one hundred twenty (120) hours may
be carried over to the next fiscal year. Any hours above one hundred
twenty (120) will be cashed out. This CTO carry over will then be
applied towards the one hundred forty-four (144) hour maximum
accrual in any fiscal year.
b. Employees assigned to a fifty-six (56) hour work week who work
a compensatory time replacement (CTR) shall only accrue CTO,
up to one hundred forty-four (144) hours per fiscal year.
Employees working CTR who reach the CTO accrual limit of one
hundred forty-four (144) hours per fiscal year may thereafter be
compensated pursuant to Section F subsection 1 of this Article.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 21
c. CTO may be used with a replacement of like rank in 1-hour to
24-hour increments or uncovered in 24-hour increments.
d. Approval of requests for use of CTO should be secured not less than
ten (10) hours in advance of the requested absence. However, in the
event of an emergency the ten (10) hour notice may be waived with
the approval of the Fire Chief or designee. Employees may not
replace themselves when using CTO.
e. Employees assigned to a forty (40) hour work week may elect to
accrue CTO at the time and one-half rate in lieu of cash payment for
overtime worked, to a maximum balance of one hundred forty-four
(144) hours. Use of available CTO by forty (40) hour employees shall
be requested and approved by the employee’s supervisor. In the last
pay period of each fiscal year, any unused CTO up to one hundred
twenty (120) hours may be carried over to the next fiscal year. Any
hours above one hundred twenty (120) hours will be cashed out. This
CTO carryover will then be applied towards the one hundred forty-
four (144) hour maximum accrual.
f. Firefighters may conduct outside employment when on CTO status
with a valid outside work permit pursuant to FMC Section 3-102.
g. Upon receipt of a written request, employees shall obtain cash
payment of CTO at the base/straight time rate in effect at the time of
request. Payment will be included with the firefighter’s regular
paycheck for the pay period following that in which the written
request was received by the department.
3. Specialty Team Premium Pay
There shall not be any stacking of Specialty Team premium pay or staff
position assignment premium pays except for Team Coordinator pay as
outlined below. Employees who qualify to receive more than one of these
types shall receive only the largest of these premium pay amounts.
The selection of assignment to a Specialty Team shall be accomplished by
solicitation of interested personnel. The rank/ranks of personnel shall be
determined by the staffing needs of the Specialty Team. Personnel that
express an interest shall be evaluated during a selection process and
appointed to the Specialty Team based on the results of that process.
When applicable, personnel selected for a Specialty Team shall attend
applicable specialized training recognized and approved by the Fire Chief
or designee at a site designated by the City. The cost of this training shall
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 22
be at the City's expense. Employees will be required to complete required
training in order to be eligible for premium pay.
a. Hazardous Material Response Team (HMRT) Premium Pay
(1) Personnel must be certified as a Hazardous Materials
Technician or Specialist and must choose to be assigned to
the designated Hazardous Materials station(s) for a minimum
period of two years from the date of such appointment. In
order to continue to remain eligible for HMRT premium pay,
team members must attend forty-two (42) hours of approved
continuing education classes or HMRT meetings in a calendar
year and the successful completion of a Hazardous Materials
physical provided by the City. The City agrees to provide a
minimum 56 hours of training or HMRT meetings during that
calendar year. Notification regarding trainings related to this
premium pay will be administered consistent with Department
Police 104.002. Failure to successfully complete the training
will be cause for removal from the team and discontinuance
of the premium pay.
(2) Fire Department Administration reserves the right to deny
and/or terminate existing HMRT status to any fire personnel.
The reason(s) for such denial and/or termination shall be
provided in writing to the affected person.
(3) The Fire Department Administration will endeavor to maintain
a minimum HMRT staffing level of 9 Fire Captains, 12
Firefighter Specialists and 6 Firefighters. Fire Administration
shall attempt to maintain a minimum daily HMRT staffing level
of five (5) persons that are certified to the level of Hazardous
Materials Technician or Specialist which will be assigned to
the designated Hazardous Materials station(s).
(4) All personnel assigned to a specifically designated Station on
a permanent and/or day-by-day basis for HMRT who are
performing the duties required of the assigned team and, who
have completed required training, possess a valid
certification, and are members of the HMRT, shall receive
three percent (3%) of top step of the salary scale for the class
of Fire Captain on a monthly basis prorated and paid during
the acting period (full shift only). This premium pay is
pensionable.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 23
b. Staff Position Assignments
Employees who accept administrative staff assignments, as defined
by the Chief or designee, shall receive ten percent (10%) of top step
of the salary scale for the class of Fire Captain on a monthly basis
prorated and paid to those employees who are assigned to an
administrative staff assignment. This premium pay is pensionable.
c. Urban Search and Rescue Team (US&R) Premium Pay
(1) Personnel must be qualified as an Urban Search and Rescue
(US&R) Technician and must choose to be assigned to the
designated US&R station(s) for a minimum period of two (2)
years from the date of such appointment. In order to continue
to remain eligible for US&R premium pay, team members
must attend seventy-two (72) hours of approved continuing
education in a calendar year. The City agrees to provide a
minimum of ninety-six (96) hours of on duty time for US&R
training during that calendar year. Notification regarding
trainings related to this premium pay will be administered
consistent with Department Police 104.002. Failure to
successfully complete the training will be cause for removal
from the team and discontinuance of the premium pay.
(2) Fire Department administration reserves the right to deny
and/or terminate existing US&R status to any fire personnel.
The reason(s) for such denial and/or termination shall be
provided in writing to the affected person.
(3) The Fire Department administration shall attempt to maintain
a minimum daily US&R staffing level of five (5) persons that
are qualified US&R technicians assigned to the designated
US&R station(s) and a total of six (6) qualified US&R
technicians on duty.
(4) All personnel assigned to a specifically designated Station on
a permanent and/or day-by-day basis for USAR assignment
who are performing the duties required of the assigned team
and who have completed required training, possess a valid
certification, and are members of the US&R, shall receive a
three percent (3%) of top step of the salary scale for the class
of Fire Captain on a monthly basis prorated and paid during
the acting period (full shift only). This premium pay is
pensionable.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 24
d. Aircraft Rescue and Firefighting (ARFF) Team Premium Pay
All personnel assigned to a specifically designated station on a
permanent and/or day-to-day basis for ARFF assignment, who have
completed all training, including sign-offs to operate the equipment
at the ARFF station, and who are performing the duties of the
assigned team shall receive three percent (3%) of top step of the
salary scale for the class of Fire Captain on a monthly basis prorated
and paid during the acting period (full shift only). This premium pay
is pensionable. In order to continue to remain eligible for ARFF
premium pay, team members must complete a minimum of twenty-
four (24) hours of training in the calendar year consistent with FAA
requirements. Failure to successfully complete the training will be
cause for removal from the team and discontinuance of the premium
pay.
e. Fire Investigation Team Premium Pay
All personnel, except for the Fire Investigation Unit Supervisor,
assigned to the Fire Investigation Team on a permanent and/or day-
to-day basis and who are performing the duties of the assigned team
shall receive three percent (3%) of top step of the salary scale for the
class of Fire Captain on a monthly basis prorated and paid during the
acting period (full shift only). This premium pay is pensionable. In
order to continue to remain eligible for the Fire Investigation Team,
team members must complete a minimum of twelve (12) hours of
training in the calendar year. Failure to successfully complete the
training will be cause for removal from the team and discontinuance
of the premium pay.
f. Geographic Information Systems (GIS) Team and Communications
Team Premium Pay
A Geographic Information Systems (GIS) Team and
Communications Team shall be specialty teams designated by the
Chief assigned to a specifically designated Station (or assigned by
the Chief) on a permanent and/or day-by-day basis, and shall receive
two percent (2%) of top step of the salary scale for the class of Fire
Captain on a monthly basis prorated and paid during the acting
period (full shift only). This premium pay is pensionable. Employees
on the GIS or Communications team must meet department
standards for qualification. The City agrees to provide eight (8) hours
of on duty time for training in a calendar year. Notification regarding
trainings related to this premium pay will be administered consistent
with Department Policy 104.002. Failure to successfully complete the
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 25
training will be cause for removal from the team and discontinuance
of the premium pay.
g. Team Coordinator Premium Pay
Employees assigned by the Chief as Team Coordinators on a
permanent or day-by-day basis shall receive two percent (2%) of top
step of the salary scale for the class of Fire Captain on a monthly
basis prorated and paid during the acting period (full shift only). This
premium pay is pensionable, and is stackable with other premium
pays.
h. Water Rescue Team Premium Pay
A Water Rescue Team will be established at the sole discretion of
the Fire Chief and City Manager. When such Team is established,
all of the following will apply:
(1) Personnel must be qualified as a Water Rescue Technician,
and must choose to be assigned to the designated Water
Rescue station(s) for a minimum period of two (2) years from
the date of such appointment. In order to continue to remain
eligible for Water Rescue premium pay, team members must
meet department standards for qualification in a calendar
year. The City agrees to provide a minimum of ninety-six (96)
hours of time for Water Rescue Team training during that
calendar year. Notification regarding trainings related to this
premium pay will be administered consistent with Department
Policy 104.002. Failure to successfully complete the training
will be cause for removal from the team and discontinuance
of the premium pay.
(2) Fire Department administration reserves the right to deny
and/or terminate existing Water Rescue Team status to any
fire personnel. The reason(s) for such denial and/or
termination shall be provided in writing to the affected person.
(3) Fire Department administration shall attempt to maintain a
minimum daily Water Rescue Team staffing level of four (4)
persons that are qualified Water Team technicians assigned
to the designated Water Team station.
(4) All personnel assigned to a specifically designated station on
a permanent and/or day-by-day basis for a Water Rescue
assignment who are performing the duties required of the
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 26
assigned team and who have completed required training,
possess a valid certification, and are members of the Water
Rescue Team shall receive three percent (3%) of top step of
the salary scale for the class of Fire Captain on a monthly
basis prorated and paid during the acting period (full shift
only). This premium pay is pensionable.
4. Education Incentive Pay (EIP)
a. Associate – Each employee who has been awarded an Associate
Degree from an accredited institution of higher learning shall receive
one hundred dollars ($100) per month.
b. Bachelors – Each employee who has been awarded a Bachelors
Degree from an accredited institution of higher learning shall receive
one hundred-fifty dollars ($150) per month.
c. Masters or Doctorate – Each employee who has been awarded a
Masters or Doctorate Degree from an accredited institution of higher
learning shall receive two hundred-fifty dollars ($250) per month.
d. These EIP premiums are pensionable. The EIP premiums cannot be
stacked with each other, but can be stacked with other premium
pays.
e. Honorary degrees or degrees which do not include a prescribed and
completed course of study through an accredited institution of higher
learning shall not be eligible for premium pay under these provisions.
In order to be considered accredited, the accreditation must be
received from the recognized list of accreditation associations of
higher learning maintained by the U.S. Secretary of Education.
f. Employees will receive the corresponding (EIP), prospectively, upon
receipt by the Fire Department’s payroll clerk and approval of sealed
transcripts from the applicable accredited institution.
5. Certificate Premium Pay
a. Operations Certificate Premium Pay - Employees holding a
certificate that meets the requirements for Hazardous Materials First
Responder Operational according to the Code of Federal
Regulations, 29 CFR 1910.120.; Firefighter I/II Certificates, a Rescue
Systems I Certificate, a Confined Space Operations Certificate, and
Driver Operator IA/IB Certificates from the California State Fire
Marshal’s Office shall receive an additional one and one-half percent
(1.5%) of top step of the salary scale for the class of Fire Captain.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 27
(All of the above certificates are required in order to receive the
premium pay.)
b. Certificate Premium Pay - Employees holding a Fire Officer
Certificate from the Commission on Professional Credentialing or
California State Fire Marshal’s Office, and/or a Fire Instructor I
Certificate, Training Instructor Certificate, and/or a Fire Investigator I
Certificate from the California State Fire Marshal’s Office shall
receive an additional two percent (2%) of top step of the salary scale
for the class of Fire Captain.
c. Special Certificate Premium Pay – Employees holding a Fire
Instructor III Certificate, Training Officer Certificate, a Fire
Investigator II Certificate and/or Fire-Arson Investigator Certificate
from the California State Fire Marshal’s Office shall receive an
additional two and one-half percent (2.5%) of top step of the salary
scale for the class of Fire Captain.
d. Chief Officer/Executive Fire Officer Certificate - Employees who
have satisfactorily attained an Executive Fire Officer Certificate
through the National Fire Academy, or a Chief Officer Certificate
through the Commission on Professional Credentialing, or who have
successfully completed all the education requirements for the Chief
Officer Certificate through the California State Fire Marshal’s Office
shall receive an additional three percent (3%) of top step of the salary
scale for the class of Fire Captain.
Certificate premium pays in this section are pensionable. The Certificate
premium pays are not stackable with each other and shall be paid at the
highest certification achieved, but are stackable with other premium pays
as provided in this MOU.
6. Bilingual Certification Program
The bilingual certification program consists of a City administered
examination process whereby employees may apply for a bilingual
examination, and if certified by the examiner, receive bilingual premium pay
for interpreting and translating.
a. Bilingual certification examinations will be conducted on an as-
needed basis. During the examination noticing period, examination
applications will be available at the Personnel Services Department,
and City department personnel units.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 28
Employees must be recertified every five (5) years. For current
bilingual employees, the number of initial recertifications may be
staggered.
b. Bilingual certification examinations are conducted for languages as
outlined in the Salary Resolution.
c. The bilingual premium pay rate for certified permanent employees is
one hundred dollars ($100) per month, regardless of how many
languages for which an employee is certified.
(1) Certified employees shall interpret/translate for
departments/divisions they are not assigned to, provided the
requesting department/division has a demonstrated customer
service related need, and has obtained approval from the
certified employee’s supervisor.
(2) Certified employees shall not refuse to interpret/translate
while on paid status. Refusal shall result in appropriate
disciplinary action as determined by the Appointing Authority.
Certified employees may be assigned to any incident or
investigation requiring their bilingual skills and may be
required to prepare written reports related to the incident or
investigation. The objective of this policy will be to utilize
department resources in the most efficient way possible.
(3) Except in the event of an emergency, bilingual employees
who are not certified shall not be required to
interpret/translate.
7. Acting
Due to the Fire Department’s staffing requirements, the department shall
compensate personnel for acting assignments in vacant positions in
Suppression and Emergency Response units beginning with the first shift.
It is understood that the department does not intend to maintain vacant
positions within such units, but vacant positions occur in the above-
mentioned units for varying periods of time due to absences of promotional
lists and administrative delays in making appointments.
The Fire Department shall also compensate personnel for acting in non-
vacant positions in the higher classification/rank beginning with the first
shift. It is understood these positions are being filled for absences due to
illness, injury, special assignment, vacation, holiday, CTO, etc.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 29
Except where provided herein, acting to perform the duties of an absent
employee, provisionally filling a vacant permanent position, an interim
appointment or an appointment to a limited position shall be in accordance
with the FMC.
8. Canine Assignment
a. An employee who is assigned to handling and care of a canine
trained to detect accelerants will be assigned to the Fire
Investigations Unit and will not be permitted to transfer to another
unit. The City’s use of the accelerant detection canine shall be at the
discretion of the Fire Chief.
b. The employee assigned to the handling and care of the canine will
be responsible for all duties involved in the handling and care of the
canine.
c. The assignment will not be a promotion. An employee may be
removed from a canine assignment at the discretion of the Fire Chief
or designee, and unless specifically stated as such, removal from
such assignment will not be considered punitive in nature.
d. The employee will be assigned a forty (40) hour work week. Upon
mutual agreement between the City and the Association, the
employee may be assigned to a modified schedule, i.e. 4-10’s, 9-
80’s, 12’s.
e. Time spent by the employee for care and feeding of the canine will
be hours worked pursuant to the Fair Labor Standards Act (FLSA)
(29 United States Code Sections 201 et seq.). The employee will be
compensated for thirty (30) minutes each day for the care of the
canine, which the parties agree is a reasonable amount of time. The
employee may spend more than thirty (30) minutes a day with the
canine, but any time over thirty (30) minutes a day shall be normal
owner-related activities for the enjoyment of the individual and the
canine.
f. The time for care and feeding of the canine referenced in paragraph
e. above will be paid as overtime worked and will be paid at the rate
of twenty dollars ($20.00) per hour.
g. The provisions set forth in paragraphs e. and f. above are in
compliance with 29 Code of Federal Regulations §785.23 as a
reasonable approximation of the time spent in the care and feeding
of an assigned accelerant detection canine.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 30
h. Compensation paid pursuant to this section shall be overtime, and
therefore shall not be “compensation” defined under the City's Fire
and Police Retirement System or the Second Tier of the City’s Fire
and Police Retirement System.
G. SICK LEAVE BENEFIT AT THE TIME OF ELECTION TO ENTER THE
DEFERRED RETIREMENT OPTION PROGRAM (DROP) OR AT RETIREMENT
Effective September 25, 2007, a member of this Unit who enters Deferred
Retirement Option Plan (DROP) shall have an amount equal to 50% of the number
of the employee’s remaining unused sick leave balance credited toward the
computation of retirement benefits based on a fifty-six (56) hour workweek as if it
were a one-time payment on the base rate of pay in effect at the time the option is
exercised by the employee. Upon entering DROP, the employee will be required
to make a corresponding pension contribution on this amount.
All employees of this unit who are participating in the DROP shall be credited the
difference between the sick leave benefit credited upon entering the DROP and
the sick leave benefit formula above applying the Alternative Definition of Average
Compensation (Final Three Year Average Methodology) in FMC Section 3-302.
These employees will also be required to make a corresponding pension
contribution for the difference in the sick leave benefit increase.
H. LEAVES
1. Holiday Leave
a. Employees shall accrue, at the fifty-six (56) hour rate, thirteen (13)
hours per month (this is equal to six and one-half (6.5) twenty-four
(24) hour working shifts) as holiday leave in lieu of the Holidays
recognized in FMC Section 3-116.
b. Employees on a 56-hour week wishing to use holiday leave may do
so in 1-hour to 24-hour increments in accordance with Administrative
Manual 101.002 Constant Staffing Policy and shall provide a
replacement of like rank to work the duration of their absence. The
replacement shall be paid at the existing overtime rate and shall not
be allowed to credit this time to CTO. It shall be the replacement’s
responsibility to work the agreed upon time period. The total
uncovered holiday, vacation, and CTO full shifts are limited to five (5)
employees off per rank, per day for a total of fifteen (15) employees.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 31
c. Employees assigned to a 56-hour work week may request payment
of holiday leave balance. The payment will be at the straight time
rate.
d. If there are excess on-duty personnel, then holiday reliefs, at the
department’s option, may be relieved from their obligation to work.
Relief of personnel under this subsection is governed by Fresno Fire
Department Administrative Manual 101.002 Constant Staffing Policy,
and may (with prior City Manager approval) be modified by mutual
agreement of the parties.
e. Employees working a shift replacement while off on unscheduled
holiday, may not apply the shift replacement hours to CTO.
f. There shall be a monthly cap of one hundred fifty-six (156) hours of
accumulated Holiday Leave. Any Holiday Leave due above this cap
will be paid down to the employee automatically. The designated
Association officers shall have leave caps as set forth in Article IV,
Section G.1.d.
2. Vacation Leave
a. Annual vacation leave for employees in this Unit will be:
Years of
Continuous
Employment
Accrual Rate
(shifts)
Accrual Rate
(1 year)
Accrual Rate
(2 year
maximum)
Less than 10 6 144 288
More than 10 but
less than 20
8
192 384
More than 20 but
less than 30
10 240 480
More than 30 12 288 576
b. Employees shall be allowed to draw annual vacation and holiday
periods separately, by rank, by departmental seniority, subject to the
provisions of the Fresno Fire Department Administrative Manual
101.002 Constant Staffing Policy. This policy may (with prior City
Manager approval) be modified by mutual agreement of the parties.
The total uncovered holiday, vacation, and CTO full shifts are limited
to five (5) employees off per rank, per day for a total of fifteen (15)
employees.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 32
c. Employee who have been continuous employed for less than ten (10)
years shall not exceed two hundred eighty-eight (288) of vacation.
Employees who have been continuously employed for more than ten
(10) years but less than twenty (20) years shall not exceed accrual
of three hundred eighty four (384) hours of vacation. Employees who
have been continuously employed for twenty (20) years but less than
thirty (30) years shall not exceed accrual of four hundred eighty (480)
hours of vacation. Employees who have been continuously
employed for thirty (30) years shall not exceed five hundred seventy
six (576) hours of vacation.
d. Unscheduled vacation may be cashed out up to 96 hours in 24-hour
increments per fiscal year.
3. Employees shall be allowed to use up to a combined total of 288
unscheduled Holiday Leave and unscheduled Vacation Leave each
fiscal year with a replacement. Any amount of Holiday Leave and
Vacation Leave may be used for taking time off in accordance with the
procedures outlined in Administrative Manual 101.002 Constant
Staffing Policy for taking leave without a replacement including, but
not limited to, department approval for unscheduled vacation and
Holiday Leave.
4. Sick Leave/Protected Sick Leave/Bereavement Leave
(a) Employees shall accrue sick leave at the rate of twelve (12) hours
for each completed calendar month of employment, with unlimited
accumulation. Unless otherwise modified, Administrative Manual
101.002 Constant Staffing Policy shall apply, as well as the FMC,
City administrative orders, policies, procedures, rules and
regulations concerning sick leave usage and administration. In the
event of any conflict, Departmental policies and Administrative
Manual 101.002 Constant Staffing Policy shall apply. The
attendance/health incentive component detailed below also applies.
Retirement Attendance/Health Incentive
At service retirement employees working 40 hour work weeks who
have used one hundred twelve (112) hours or less of sick leave and
employees working 56 hour work weeks who have used one hundred
sixty-eight (168) hours or less of sick leave (excluding hours used for
Workers’ Compensation benefits, Bereavement Leave, and/or
protected leaves such as Family & Medical Leave and Protected Sick
Leave) in the 24 months preceding their date of retirement will be
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 33
credited for all unused sick leave at eighty percent (80%) of the
employee’s then current base rate of pay, to be used solely to pay
premiums for medical insurance, as well as other qualified medical
expenses pursuant to the City’s Health Reimbursement
Arrangement as set forth below.
(b) Protected Sick Leave
Employees shall be allowed to use up to six (6) months of accrued
Sick Leave per fiscal year for Protected Sick Leave Protected Sick
Leave may be used only for those purposes defined in California
Labor Code section 233. The first three (3) days shall also be
considered leave taken under California Labor Code section 246.5
(i.e., AB 1522, Healthy Workplace Healthy Family Act of 2014). Use
of Protected Sick Leave shall be authorized and recorded by the Fire
Chief or designee.
Employees who separate City employment and return within one (1)
year of such separation will be entitled to reinstatement of their Sick
Leave balance at the time of termination from City employment, up
to a total of forty-eight (48) hours.
(c) Bereavement Leave
Upon the death of a member of an employee's immediate family, the
employee shall be allowed use of sick leave not to exceed forty-eight
(48) hours. Use of sick leave to attend the funeral of a person other
than a member of the immediate family may be granted to an
employee by the Fire Chief or designee. The Fire Chief or designee
shall notify the Personnel Director when any employee is granted
such leave. Immediate family, as used in this subsection, shall
include parent, spouse or registered domestic partner, natural or
legally adopted child, brother, sister, mother-in-law and father-in-law.
5. Compensation for Unused Leave
Employees eligible to receive payment for any unused leave balances (i.e.,
holiday, sick and vacation) shall be compensated for such accumulated
leave balances based on accumulations calculated on a fifty-six (56) hour
(24-hour shift) basis.
I. HEALTH REIMBURSEMENT ARRANGEMENT
The City currently maintains a Health Reimbursement Arrangement (HRA) that
qualifies as a "health reimbursement arrangement" as described in Internal
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 34
Revenue Service (IRS) Notice 2002-45 and other guidance published by the IRS
regarding an HRA. The City agrees to maintain the HRA such that it will continue
to qualify as a health reimbursement arrangement.
At separation from permanent employment with the City of Fresno by service
retirement or at disability retirement if the employee is otherwise eligible for service
retirement, the value of the employee's accumulated sick leave shall be credited
to an account for the employee under the HRA. Such "value" shall be determined
as follows:
• The total number of all accumulated sick leave hours at the time of
retirement, multiplied by eighty percent (80%) of the employee's then
current hourly base rate of pay pursuant to the eligibility criteria as set forth
in the Retirement Attendance/Health Incentive provision in Section H.
Subsection 3.
• For the purpose of this benefit, the hourly base rate of pay for 56 hour work
week employees shall be the equivalent of the base monthly salary for an
employee as provided in this MOU, multiplied by twelve (12) months then
divided by 2,912 hours.
At the employer’s option, the accounts may be book accounts only – no actual
trust account shall be established for any employee. Each HRA book account
shall be credited on a monthly basis with a rate of earnings equal to the yield on
the City's Investment Portfolio (provided that such yield is positive) but not to be
below zero.
The HRA accounts shall be used solely to pay premiums for medical insurance
(including COBRA premiums) covering the participant, the participant's spouse (or
surviving spouse in the event of the death of the participant), and the participant's
dependents as well as other qualified medical expenses as defined in Internal
Revenue Code Section 213(d), and further detailed in Internal Revenue Service
Publication 502. Once a participant's account under the HRA has been reduced to
$0, no further benefits shall be payable by the HRA. If the participant, the
participant's spouse, and the participant's dependents die before the participant's
account under the HRA has been reduced to $0, no death benefit shall be payable
to any person by the HRA.
J. JURY DUTY AND COURT TIME
Jury Duty - With the permission of the Fire Chief or designee, an employee who is
required to report for and does report for jury duty may not be required to report
for regular duty prior to jury service if such reporting is impractical or would cause
the employee to be late for jury duty. If the employee is required to report for jury
duty on the day following a duty shift, the employee may be released up to one
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 35
hour prior to the shift’s end, if necessary, to assure timely attendance at jury duty.
Employees shall not be required to refund to the City any mileage reimbursement
received as a result of jury duty.
Court Time - The payment of Court time shall be in accordance with FMC Section
3-109.
K. RELIEF
Employees assigned to an apparatus shall be relieved from duty when;
1. The shift ends at 0800 hours; however, employees may not go off duty until
relieved by another employee assigned to perform similar duties, up to 30
minutes; or
2. All employees of the oncoming shift assigned to that apparatus at shift
change have signed on duty; or
3. An individual employee has been specifically relieved.
L. ABSENT WITH RELIEF (AWR)
1. In accordance with Section 7 (p)(3) of the Fair Labor Standards Act section
553.31 Code of Federal Regulations, and with the approval of the Fire Chief
or his designee, an employee may attend to Association or other personal
matters by providing the City an off-duty employee of like rank to work for
such absent employee. The City shall incur no additional liability due to such
replacement nor shall the City assume any responsibility regarding "pay
back" of such time. It shall be the duty of the employee to arrange for
replacement and secure required approval not less than ten hours in
advance of the requested absence. In cases of tardiness, the ten-hour
notice requirement will be waived. In the event of an emergency, the ten
hours’ notice may be waived with approval of the Fire Chief or designee.
Such approval shall not be unreasonably withheld. An employee requesting
approval of an AWR shall submit a document by which the substitute
employee assigns to the City an amount of his/her salary equal to the salary
which will accrue to the requesting employee during his/her. Such
assignment shall be executed by the City solely for that portion of the
requesting employee’s shift which the substitute employee fails to work for
any reason. In such event, the failure by the replacement employee to report
or remain for duty shall not result in any loss of compensation to the
requesting employee. No loss of compensation shall occur if the
replacement provides a substitute employee of like rank during his/her
absence. Approved AWR’s shall not be revoked by the City.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 36
2. No employee shall take an AWR for the purpose of other employment, self-
employment included.
3. Employees working AWR at a specialty station shall not be entitled to
premium pay unless the Department requires the employee to work at that
station for specialty staffing purposes.
4. AWR's are governed by Fresno Fire Department Administrative Manual
101.002 Constant Staffing Policy, and may (with prior City Manager
approval) be modified by mutual agreement of the parties.
M. WORKERS' COMPENSATION
1. Notwithstanding the provisions of FMC Section 3-118, an employee who
suffers an injury/illness in the course and scope of City employment shall
receive one hundred percent (100%) of the employee’s full wages or salary
in accordance with Labor Code section 4850. The remaining provisions of
FMC 3-118 shall apply.
2. If the employee is placed on Sick, Vacation, and/or Holiday Leave, or CTO,
pending determination as to whether the injury or illness is industrial and
the injury or illness is determined to be industrial, the leave category used
above shall be restored within thirty (30) calendar days of such
determination, provided the employee has submitted all necessary
documents relevant to the Workers’ Compensation claim and the employee
placed on work related injury/illness leave as provided herein.
3. If an employee is placed on Sick, Vacation, and/or Holiday Leave, or CTO
pending determination as to whether the injury or illness is industrial, and
the injury or illness is determined not to be industrial, the leave category
used above shall not be restored and the absence will be considered as
outlined in Fresno Fire Department Administrative Manual 101.002
Constant Staffing Policy.
4. Retirement benefits shall not be reduced as a result of compensation paid
at the one hundred percent (100%) rate level of compensation established
herein. Changes in contribution by the City and employee shall be in
accordance with the applicable FMC retirement code sections in the City’s
Fire and Police Retirement System.
5. Taxes shall not be withheld on compensation at the one hundred percent
(100%) rate which is paid due to an injury or illness sustained in the course
and scope of employment with the City. In the event Federal tax regulations
are amended to include compensation received while absent due to injury
or illness suffered in the course and scope of employment as taxable
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 37
income, the provisions of subsection 1. Above regarding salary shall be of
no force and effect, except FMC 3-118 shall apply in all instances.
N. STARTING STEPS WHEN PROMOTED
Firefighters and Firefighter Specialist promoted to the class of Fire Captain shall
be appointed to the salary range step assuring a five percent (5%) pay increase.
Firefighters promoted to the class of Firefighter Specialist shall be appointed to the
salary range step assuring a five percent (5%) pay increase.
O. ASSIGNMENT TRANSFERS
The Fire Department administration shall maintain policies and procedures that
regulate the assignment transfer processes within the Fresno Fire Department.
Assignment Transfer policies and procedures are governed by Fresno Fire
Department Administrative Manual 101.3 Transfer, and may, with prior City
Manager approval, be modified by mutual agreement between the Association and
the Fire Chief or designee. When all other considerations are equal, seniority shall
be the major factor in making assignment transfers; however, the needs of the
service shall be paramount in determining the employee to be transferred from one
shift to another or from one station to another, as determined by the Fire Chief or
designee.
P. TEMPORARY REASSIGNMENTS
1. A temporary reassignment is defined as the reassignment of an employee,
typically for a 24-hour period, in order for the department to meet daily
staffing requirements. Although temporary reassignments may extend past
the typical 24-hour period, in no case is a temporary reassignment intended
to become a permanent assignment transfer. Whenever possible, seniority
should be considered.
2. Compensation for use of a personal vehicle shall be in accordance with Fire
Administrative Manual Section 108.2 – Mileage Reimbursement.
Q. THREE PERSONS FOR 2 HOURS
If staffing on an engine or truck company falls below three (3) for more than two
(2) hours, the unit will be placed out of service and employees will be reassigned
to other equipment or stations.
R. FIRE SUPPRESSION SERVICE DELIVERY
1. The City intends for the members of this Unit to be the providers of fire
suppression to the City of Fresno. This does not preclude instant aid
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 38
agreements, reciprocal or non-reciprocal aid agreements, or other interim
measures to accomplish this intent, nor is it intended to restrict the ability of
the City to determine the mission of its Fire Department.
Reduction in staffing levels shall be accomplished by attrition for those
employees in Unit 5 and any employees in Unit 10 who may be placed in
Unit 5 who are employed by the City as of June 30, 2011. Any employee
hired on or after July 1, 2011 is subject to layoff provisions of the Fresno
Municipal Code, including release from employment.
2. Nothing herein is intended to restrict consultation in good faith with the
Association regarding matters within the right of the City to determine.
S. AMERICANS WITH DISABILITIES ACT (ADA), FAMILY MEDICAL LEAVE ACT
(FMLA), CALIFORNIA FAMILY RIGHTS ACT (CFRA) AND WORKPLACE
VIOLENCE
The requirements mandated by these statutes have been established in City
policies (Administrative Order manual and Injury and Illness Prevention Program
handbook) and the Family Medical Leave Act handbook.
T. HOURS OF WORK AND SCHEDULES
1. The workweek for the City for 5/8 and 4/10 schedules begins on Monday
at 12:01 a.m. and ends the following Sunday at midnight. The comparison
of hours between a 5/8 and or 4/10 with that of a twenty-four (24) hour
schedule, or vice versa, utilizes a conversion factor of 1.4.
2. Each 9/80 work schedule will consist of eight 9-hour shifts, one 8-hour shift
and one day off per 14-day period broken down into two 40-hour per week
Fair Labor Standards Act (FLSA) work weeks. All employees working a 9/80
work schedule shall have an FLSA work week which begins four hours after
the start time of the day of the week which constitutes the employee’s
alternating day off. This shall be an 8-hour shift. The work week shall end
exactly 168 hours later. Scheduling of days off is determined by
management, but must be on a Monday or Friday.
3. Workweek schedules are established by the department/divisions based
upon the need to provide service to the public/other city departments.
4. For 5/8, 9/80 and/or 4/10 schedules, position assignments by classification,
staffing levels, workweek schedules, and days off are determined solely by
management, and are subject to change based on varying workload, the
addition of authorized staffing, and department operational and service
needs.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 39
a. Employees temporarily/permanently assigned to perform
administrative tours of duty are assigned by management to a 5/8 or
4/10 workweek schedule, or combination thereof, or a 9/80
workweek schedule. (Light duty is not considered
temporary/permanent administrative tour of duty.) Based on the
needs of the service, an employee’s work schedule may be modified
with at least five calendar days written notice to the affected
employees. In the event of an emergency, such work schedule may
be modified with less notice.
b. The hours for a 5/8 workweek consist of five, eight hour days with
two consecutive days off. The hours for a 4/10 workweek consist of
four, ten hour days with three days off, of which two of the days off
will be consecutive. Scheduling of days off is determined by
management.
c. For a 5/8 workweek schedule, hours worked in excess of eight hours
for a regular work day, or for all hours worked on a first day off, are
compensated at one and one-half times the base/straight time rate
of pay, and at two times the base/straight time rate of pay for the
second day off. For a 4/10 workweek schedule, hours worked in
excess of ten hours for a regular work day, or for all hours worked on
either both of the first two days off are compensated at one and one-
half times the base/straight time rate of pay, and at two times the
bases/straight time rate of pay for the third day off.
For a 9/80 work week schedule, hours worked in excess of 9 hours
for a regular workday scheduled for 9 hours or in excess of 8 hours
on a regular calendar workday scheduled for 8 hours will be
compensated at one and one-half time the regular rate of pay. For
scheduled days off, work on two consecutive regular days off will be
paid in accordance with 5/8 workweek schedules above, while work
on the three consecutive regular days off will be paid in accordance
with 4/10 workweek schedules above.
d. An employee working on 5/8, 9/80 or 4/10 schedule who is required
to and does work on a holiday which is a regularly scheduled
workday, will receive the employee’s base/straight time rate of pay.
e. Leave requests to take a holiday off are required for all hours
requested that day. Leave requests for all time off are processed
utilizing a conversion factor of 1.4.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 40
Personnel assigned to a 40 hour schedule may take holiday leave in
any increment of time.
f. Personnel assigned to a 40 hour schedule may work a holiday by
requesting and receiving prior approval from their immediate
supervisor.
5. The 2/4 schedule shall be the normal work schedule for employees on a 56
hour work week. The 2/4 schedule will consist of two 24-hour worked back
to back, with four shifts off (e.g. AABBCCAABBCC). All transfers and
movement of relief personnel in such manner as to avoid having employees
work greater than 72 consecutive hours.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 41
ARTICLE VIII
HEADINGS/REFERENCES/CITATIONS
A. HEADINGS
MOU Article, provision, and paragraph headings (includes exhibits, addendums,
attachments, and side letters) contained herein are solely for the purpose of
convenience, and shall not affect the construction or interpretation of any of the
language of this MOU.
B. REFERENCES/CITATIONS
References/citations in this MOU (includes exhibits, addendums, attachments, and
side letters) to any existing federal, state, or City ordinances, rules, regulations,
policies, Administrative Order Manual, Personnel Manual sections and
subsections thereof, Salary Resolution sections and subsection thereof, and side
letters) in no way incorporates said references/citations into this MOU, unless so
noted.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 42
ARTICLE IX
SAVINGS CLAUSE/FULL UNDERSTANDING
A. SAVINGS CLAUSE
In the event any article, section or portion of this MOU should be held invalid and
unenforceable in any court of competent jurisdiction, such decision shall apply only
to the specific article, section or portion thereof specified in the court's decision,
and upon issuance of such a decision, the City and the Association agree to
immediately meet and confer upon a substitute for the invalidated article, section,
or portion thereof.
B. FULL UNDERSTANDING
It is intended that this MOU sets forth the full and entire understanding of the
parties, and any previous understanding or agreements by the parties regarding
all such matters are hereby superseded and terminated in their entirety. With
respect to side letter agreements, any not attached to this MOU are hereby
terminated in their entirety. Those side letter agreements attached to this MOU
shall continue in force subject to the terms and conditions set forth within each side
letter. In the absence of any specified term in any such side letter, they shall
terminate upon the expiration of this MOU. Any side letter agreement entered into
during the term of this MOU shall continue in force subject to the terms and
conditions set forth in the side letter. This paragraph is not intended to prevent
either party from relying on discussions which occurred during the meet and confer
process for the purpose of clarifying the meaning of this MOU.
C. Nothing in this Article shall be interpreted to mean that the parties waive any rights
under the Meyers-Milias-Brown Act, Government Code Section 3500, et seq.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 43
ARTICLE X
TERMINATION
This MOU shall be in full force and effect from December 9, 2021, through June 30, 2024,
subject to the Sections A., B., and C. below.
A. This MOU shall be effective only after ratification by the members of the
Association, followed by City Council approval and the expiration of the waiting
period for the Mayor’s action provided in Charter sections 605 and 609, and shall
remain in full force and effect through June 30, 2024.
B. During the term of this MOU, should either party desire to modify its terms or to
meet and confer as to matters within the scope of representation not addressed in
this MOU, the party requesting such modification shall request in writing to meet
and confer on the item(s), which item(s) shall be specified in writing.
C. During the term of this MOU, either party may refuse such request by the other to
meet and confer without explanation if (1) the item is directly considered and
specifically addressed herein; or (2) is directly considered and specifically
addressed in any FMC section, charter section or provision, or resolution section,
which section specifically establishes wages, hours, or other terms and conditions
of employment; or (3) the specific item was included in an initial written proposal
from the party making the request during the meet and confer process which led
to this MOU. It is further agreed, however, that this Article shall not prohibit the
parties from requesting to meet and confer on changes to federal or state statutes,
regulations, or binding case law changes regarding statues or regulations after
exhaustion of the appeal process, referred to or cited in this MOU, in which case
the request to meet and confer shall not be refused.
D. Notwithstanding the foregoing, the parties agree to meet and confer over the
following items during the term of this MOU:
1. Proposed changes to the Personnel, Civil Service, and Employer-Employee
Relations provisions of the FMC;
2. Effective January 1, 2022, the parties agree to meet on a quarterly basis
over the * * * term of the MOU to determine if the vacation and holiday cash
out provisions contained in Article VII, Sections H(1)(g) Holiday Leave and
H(2)(d) Vacation Leave have resulted in a reduction in the number of shift
replacements associated with vacation, holiday, and CTO from the current
three-year annual average of 15.94 per day/per employee to 13 annual
average per day/per employee. The parties further agree that in the event
this goal is not met and maintained over the term of the MOU, both
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 44
provisions may be suspended at the discretion of the City only after the
parties meet and confer regarding alternative means of meeting the goal.
3. Should any other represented Public Safety bargaining unit in the City
negotiate a successor MOU for dates that are covered by this MOU or have
terms imposed resulting in an across the board increase to base wage
greater than is provided in this MOU or a greater percentage value of
accumulated sick leave for contribution to the Health Reimbursement
Arrangement, the City, upon the Association’s written request, will match
that benefit.
4. Any changes that are made to the California State Fire Certification
requirements that take effect during the term of this MOU.
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 45
IN WITNESS WHEREOF, the parties hereto have set their hands this _______ day of
____________, 2022.
FOR THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS:
______________________________
DEAN SANDERS
President
______________________________
KATHLEEN N. MASTAGNI STORM, ESQ.
Attorney at Law
______________________________
STEPHEN D. LEONESIO
Labor Relations Consultant
FOR THE CITY OF FRESNO:
______________________________
TJ MILLER
Assistant City Attorney
______________________________
JONATHAN V. HOLTZMAN, ESQ.
Special Counsel
APPROVED AS TO FORM
CITY ATTORNEY’S OFFICE
BY: ___________________________
Supervising Deputy City Attorney
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 46
EXHIBIT I – SALARIES
Unit 5 – Fire Non-Management
Effective June 21, 2021
STEP A B C D E F G
Firefighter Trainee* 5080
Firefighter 5645 5926 6224 6534 6882 7208 7569
Firefighter Specialist 6322 6637 6972 7317 7684 8068 8472
Fire Captain 7056 7409 7779 8169 8579 9009 9460
Fire Investigation Unit
Supervisor 7056 7409 7779 8169 8579 9009 9460
* While attending the City of Fresno Fire Department Academy
EXHIBIT II – SALARIES
Unit 5 – Fire Non-Management
Effective June 20, 2022
STEP A B C D E F G H
Firefighter Trainee* 5233
Firefighter 5815 6104 6411 6731 7089 7425 7797 8187
Firefighter Specialist 6512 6837 7182 7537 7915 8311 8727 9164
Fire Captain 7268 7632 8013 8415 8837 9280 9744 10232
Fire Investigation Unit
Supervisor 7268 7632 8013 8415 8837 9280 9744 10232
* While attending the City of Fresno Fire Department Academy
EXHIBIT III – SALARIES
Unit 5 – Fire Non-Management
Effective June 19, 2023
STEP A B C D E F G H
Firefighter Trainee* 5390
Firefighter 5990 6288 6604 6933 7302 7648 8031 8433
Firefighter Specialist 6708 7043 7398 7764 8153 8561 8989 9439
Fire Captain 7487 7861 8254 8668 9103 9559 10037 10539
Fire Investigation Unit
Supervisor 7487 7861 8254 8668 9103 9559 10037 10539
* While attending the City of Fresno Fire Department Academy
MOU: City and IAFF Local 202, Basic Unit 12/9/2021 – 6/30/2024 Page 47
EXHIBIT IV – SALARIES
Unit 5 – Fire Non-Management
Effective September 25, 2023
STEP A B C D E F G H I
Firefighter Trainee* 5390
Firefighter 5990 6288 6604 6933 7302 7648 8031 8433 8855
Firefighter Specialist 6708 7043 7398 7764 8153 8561 8989 9439 9911
Fire Captain 7487 7861 8254 8668 9103 9559 10037 10539 11066
Fire Investigation Unit
Supervisor 7487 7861 8254 8668 9103 9559 10037 10539 11066
* While attending the City of Fresno Fire Department Academy