HomeMy WebLinkAbout07-10-2014 Council Agenda Item 8:00 AM Supplement City of
r"nC�� ��►� REPORT TO THE CITY COUNCIL
AGENDA ITEM NO. 8 : 0 p ,; n'1
COUNCIL MEETING: 7/10/14
APPROVED BY
Date: July 10, 2014 ` �
DEPARTMENT DIRECTOR
�?i4't.sfsi- .
TY MANAGELIZ
FROM: Jeff Cardell, Director
Personnel Services Department
BY: Ken Phillips, Labor Relations Manager-40&...
Personnel Services Department
SUBJECT: 1. Conduct a public hearing regarding a bargaining impasse and unilateral
implementation of wages, hours and other terms and conditions of employment for
employees in Unit 5, represented by the International Association of Fire Fighters,
Local 753 (Fire Basic).
2. Adopt a Resolution of the Council to implement changes in wages, hours and other
terms and conditions of employment for City employees in Unit 5, represented by
the International Association of Fire Fighters, Local 753 (Fire Basic).
RECOMMENDATION
It is recommended that City Council hold a public hearing regarding a bargaining impasse and
unilateral implementation of wages, hours and other terms and conditions of employment for Fire
Basic employees. Following the Public Hearing, it is recommended that Council adopt a resolution to
unilaterally implement changes in wages, hours and other terms and conditions of employment for
Fire Basic employees.
EXECUTIVE SUMMARY
The City and both of its Fire units commenced negotiations in May 2013. After several months of
negotiations, the parties reached agreement. Fire Management ratified an agreement with the City
on or about January 21, 2014. Fire Basic's membership, however, rejected the tentative agreement
on or about January 28, 2014. The City orally declared impasse on March 17, 2014, followed by a
letter confirming this impasse declaration dated March 20, 2014. Following the parties' initial impasse
meeting, conducted in accordance with the Fresno Municipal Code, Fire Basic proposed revised
terms for a successor MOU and offered to take the proposal to the membership for a vote. On June
5, 2014, Fire Basic advised the City that its membership had rejected the offer. The City was
prepared to conduct a public hearing on June 26, 2014 on the impasse and consider implementation
of terms and conditions; however, the Association provided a revised offer on June 26, 2014. Council
accepted the June 26, 2014 offer from Fire Basic, and incorporated its terms into the City's last, best
and final offer. A membership vote was scheduled for July 7 and July 9, 2014. If the members vote to
accept the new offer, Council will be asked to cancel the Public Hearing and not adopt the resolution
to unilaterally implement changes in wages, hours and other terms and conditions of employment.
REPORT TO THE CITY COUNCIL
Public Hearing and Resolution Imposing Terms on Unit 5
July 10, 2014
Page 2
An employee organization may request the parties' differences be submitted to a fact-finding panel
however the time to request fact-finding has since passed under state law and the Fresno Municipal
Code (FMC). After a public hearing on the matter has been conducted the Council may implement
terms and conditions of employment by adopting the attached resolution, which has been approved
by the City Attorney's Office as to form.
BACKGROUND
The City initiated formal negotiations with both Fire Basic and Fire Management units in May 2013,
during which time the City was seeking concessions valued at approximately 8% or $2.7.M annually.
These concessions were being sought due to ongoing concerns related to the City's overall financial
condition and the ability to adequately fund essential services such as fire protection.
Over the course of these negotiations modifications to the City's original bargaining position were
made that reduced the level of concessions from 8% to 4%. The changes were made to demonstrate
good faith by the City and in recognition that revenue projections were improving. Additionally, these
changes were made as it has been the City's desire to reach agreements with Fire Basic and
Management as well as a number of other labor organizations (e.g., CFMEA, Local 39, IBEW), who
also had open labor contracts.
On November 5, 2013, the City reached a "tentative agreement" with both Fire Basic and Fire
Management on terms and conditions of a new labor agreement. After a change in union leadership
the City was advised that the tentative agreement would not be presented to the union membership.
In the interest of trying to reach an agreement, the City agreed to revisions to the tentative
agreement. The parties ultimately reached an agreement on these changes, followed by a letter
confirming this impasse declaration dated March 20, 2014. Subsequent to the parties' initial impasse
meeting conducted in accordance with the Fresno Municipal Code, Fire Basic proposed revised terms
for a successor MOU the modified tentative agreement was not approved by Fire Basic membership.
Over the next 48 days, the City continued to meet with Union officials in an attempt to resolve any
differences. Unfortunately, the parties were unable to reach an agreement and a declaration of
impasse was issued in writing by the City on March 20, 2014 (Attachment B).
On April 22, 2014, an impasse meeting was held during which time Fire Basic representatives
presented a proposal. The Fire Basic proposal included concessions that would have resulted in
greater savings when compared to the modified tentative agreement provided that the membership
approved the proposal by May or June. The City's response to this proposal, given the failure to
garner approval of the modified tentative agreement, was that it would consider this proposal, but only
after representatives were successful in obtaining support from the membership. Unfortunately, the
Union's proposal failed to obtain approval by their membership when the votes were tallied on June 5,
2014.
REPORT TO THE CITY COUNCIL
Public Hearing and Resolution Imposing Terms on Unit 5
July 10, 2014
Page 3
It should be noted that the City has lost approximately $422,000 in FY 14 concession savings
since the defeat of the first tentative agreement and that every month of delay results in a
continuing loss of approximately $73,240 in savings.
On June 13, 2014, both in writing and during an in-person meeting attended by both City and Union
representatives, the City notified Fire Basic that it intended to hold a public hearing on June 26, 2014,
prior to implementing a last, best and final offer as required by the Meyers-Milias-Brown Act. On June
26, 2014, the Union provided an offer that modified its earlier offer by capping employee contributions
to health care at 30%, increasing the uniform allowance by $100 in the last pay period of the MOU,
reinstating the deferred compensation on the last pay period of the MOU and increasing the amount
to $46 per pay period, and adding six months to the term of the MOU, such that it would expire on
December 31, 2016.
Council adopted Fire Basic's June 26th proposal, making it the City's new last, best and final offer and
advised the Union it would schedule a public hearing on July 10, 2014 to consider implementation of
terms and conditions of employment consistent with City's last, best and final offer in the event Fire
Basic members do not ratify the offer by July 9, 2014.
The Union said it would take the offer to its membership for a vote on July 7 and July 9, 2014. If the
members ratify, Council will be asked to cancel the Public Hearing and not adopt the attached
resolution If Fire Basic's membership votes to ratify the June 26, 2014 proposal its leadership
proposed to the City, a successor MOU would be brought to Council for approval on July 17, 2014. If
the Fire Basic membership does not approve the June 26, 2014 proposal package, Council will be
asked to proceed with a Public Hearing and consider a resolution to unilaterally implement changes in
wages, hours and other terms and conditions of employment for Fire Basic employees.
If necessary, the next step in this process, after conducting a Public Hearing, is to impose new terms
and conditions on the members of this unit. Under state law, a bargaining unit has the right to formally
request fact-finding once impasse has been declared; provided that this request is in writing and
exercised within 30 days of the declaration of impasse. (Government Code Section 3505.4; and see
City of Redondo Beach (2014) PERB Order No. AD-409-M.) Since the City provided a written
declaration of impasse on March 20, 2014, the time to request fact-finding has since passed. This
determination has recently been upheld in a recent PERB decision.
Neither the City nor Fire Basic requested mediation. By law, Fire Basic's ability to formally request
fact-finding ended April 19, 2014. Given the failure of Fire Basic membership to ratify the Fire Basic
proposal, the City advised the Union on June 13, 2014 that the City now had the authority to
unilaterally implement the terms and conditions of employment consistent with the modified tentative
agreement. However, before proceeding in that direction, the City provided Fire Basic another
opportunity to effect ratification of the Fire Basic proposal prior to June 26, 2014. The Union ultimately
rejected that opportunity and provided a new modified proposal on June 26, 2014, prior to the open
session of the City Council. By Resolution on that same date, the City adopted that proposal and Fire
Basic indicated that it would take it to the membership for ratification on July 7 and 9, 2014.
REPORT TO THE CITY COUNCIL
Public Hearing and Resolution Imposing Terms on Unit 5
July 10, 2014
Page 4
Therefore, if Fire Basic's membership fails to ratify the June 26 offer, it is staff's recommendation that
the Council impose the City's last, best and final (LBF) offer which would be based on the terms and
conditions outlined in the modified tentative agreement that was rejected in January 2014, per the
proposal provided by Fire Basic and adopted by Council, with some exceptions.
Before taking action to implement terms and conditions of employment the City is to conduct Public
Hearing accordance with Section 3505.7 of the California Government Code. Therefore, it is
recommended that the Council conduct a public hearing to receive testimony and comment. It is
recommended that after the public hearing is closed that the Council adopt the attached resolution
implementing the terms and conditions of employment on the employees represented by Unit 5, Fire
Basic.
With approval of the attached Resolution terms and conditions of employment will be implemented
effective July 14, 2015. The following is a summary of the terms and conditions:
• The City will discontinue 1% of a 2% contribution towards employee share of retirement
contributions on July 14, 2014.
• The City will pay 75% towards the monthly health and welfare premium. Future increases will
be shared, 50% paid by the City and 50% paid by the employee to a maximum contribution by
employees of 30% of the monthly health and welfare premium. If another bargaining unit
negotiates a greater contribution, the City is willing to meet and confer to match the benefit.
• The City will cease making a $36 matching contribution to employee Deferred Compensation
Accounts.
• The Uniform Allowance will be reduced to $550 in FY 15.
• Employees who are receiving bilingual premium pay must be recertified every five years. Initial
recertification will be staggered.
• All conversions between 40 hour schedules and 56 hour schedules are to be based on a 1.4
factor instead of a mixture of 1.5 and 1.4.
• The Workers Compensation provision will be amended to reflect state law. Provisions in the
Workers Compensation provision that are no longer applicable will be removed.
• A provision on leave for Local officers will be moved to a different section, and an agreement
on such leave will included.
• A provision on Bereavement Leave based on provisions in the Fresno Municipal Code will be
added.
• The City will have an option on making Health Reimbursement Arrangement accounts book
accounts or actual accounts.
• Reimbursement for vehicle use to be provided in accordance with the Fire Administrative
Manual.
• The current 2/4 schedule will be listed as the normal schedule for employees.
REPORT TO THE CITY COUNCIL
Public Hearing and Resolution Imposing Terms on Unit 5
July 10, 2014
Page 5
ENVIRONMENTAL FINDINGS
Not applicable.
LOCAL PREFERENCE
Not applicable.
FISCAL IMPACT
Given an implementation date of July 14, 2014, recognizing that two pay periods in Fiscal Year 2015
will have passed, the projected impact of imposing terms and conditions of employment will result in
savings of approximately $823,000 in Fiscal Year 2015. Without approval from Council, the City loses
savings of approximately $73,240 each month in addition to the loss of $422,600 in FY 14 when
Unit 5, Fire Basic failed to ratify the tentative agreement reached in January 2014.
Attachments: A Resolution of City Council Implementing Terms and Conditions
B. March 20, 2014 Impasse letter
C. Listing of 2013 Taxable Wages for Fire Basic Employees
D. Chart of Compensation Changes for Fire Basic Employees
E. Illustration of Modified Tentative Agreement Cost/Savings
ATTACHMENT A
RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO,
CALIFORNIA, TO IMPLEMENT CHANGES IN WAGES, HOURS AND
OTHER TERMS AND CONDITIONS OF EMPLOYMENT FOR
EMPLOYEES IN UNIT 5 REPRESENTED BY THE INTERNATIONAL
ASSOCIATION OF FIRE FIGHTERS, LOCAL 753.
WHEREAS, the City of Fresno ("City") and the International Association of Fire
Fighters (IAFF), Local 753 ("Fire Basic" or "Association") were parties to a
Memorandum of Understanding ("MOU") effective July 1, 2009, which expired on
August 4, 2013; and
WHEREAS, on May 9, 2013, the parties commenced negotiations for a
successor MOU; and
WHEREAS, on January 6, 2014, the parties reached a verbal tentative
agreement; and
WHEREAS, the tentative agreement was subject to ratification by the
Association and adoption by the City Council; and
WHEREAS, the membership of the Association declined to ratify the tentative
agreement following a vote concluded on or around January 28, 2014; and
WHEREAS, on March 17, 2014, after eighteen (18) negotiation sessions, the
City declared that negotiations were at an impasse; and
WHEREAS, on March 20, 2014, the City confirmed the impasse by a written
declaration in compliance with Chapter 3, Article 6, section 3-617 of the Fresno
Municipal Code; and
WHEREAS, on April 22, 2014, the parties conducted an initial impasse meeting
as required under the Fresno Municipal Code, but failed to reach agreement during
such meeting or thereafter; and
WHEREAS, the Association's membership failed to ratify terms it submitted to its
membership after the impasse meeting; and
1 of 4
Date Adopted: Last, Best and Final Offer for
Date Approved: employees in Unit 5 (IAFF, Local 753-
Effective Date: Fire Basic)
City Attorney Approval:
Resolution No.
WHEREAS, the Association subsequently refused to conduct a membership vote
in response to the City's request that a re-vote occur; and
WHEREAS, the Association on June 26, 2014, submitted a modified proposal
to the City and indicated that it would refer it to its membership with the strongest
recommendation possible for approval; and
WHEREAS, the Association's June 26, 2014, modified proposal adopted the
terms of a potential Memorandum of Understanding transmitted to the Association on
May 20, 2014, with the following changes: (1) a 70/30 maximum cap on health and
welfare premiums; (2) a uniform allowance reflecting an additional $100 effective the
last pay period of the MOU; (3) the deferred compensation contribution from the City
will be increased effective the last pay period of the MOU to the amount of $46/pay
period; (4) any language suggesting a "sunset" to the 9% paid by current employees
toward their pension contribution will be eliminated, as will any language suggesting a
"sunset" to the 12% paid by new employees; and (5) the City will add 6 months to the
term of the MOU, additional to the term to which the parties had previously agreed;
and
WHEREAS, the City Council has considered the Association's revised proposal
of June 26, 2014, and has determined to adopt it as the City's last best and final offer
to the extent allowed by law; and
WHEREAS, the Association's membership failed to ratify the revised proposal; and
WHEREAS, the City has fully complied with and completed its duty to meet and
confer with the Association over matters of wages, hours and working conditions; and
WHEREAS, the entire terms and conditions of employment governing the
bargaining unit, including the specific terms of the City's last best and final offer as well as
those matters that are to continue unchanged, appears at ATTACHMENT 1; and
WHEREAS, a Public Hearing to impose the City's last, best and final offer was
held July 10, 2014; and,
WHEREAS, under the foregoing circumstances, the City is now authorized by law
to implement its Last, Best and Final Offer.
Last, Best and Final Offer for
employees in Unit 5 (IAFF, Local 753-
Page 2 of 4 Fire Basic)
Resolution No.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as
follows:
1. The last best and final offer as detailed with specificity in ATTACHMENT 1,
shall be implemented forthwith;
2. The status quo on matters of wages, hours, and terms and conditions of
employment, other than the changes reflected in the City's last best and final offer, shall
be maintained to the extent required by law;
3. This implementation is not intended to and shall not deprive the Association
of its right each year to meet and confer on matters within the scope of representation,
whether or not those matters are included in the unilateral implementation of Attachment
1, prior to the adoption of the public agency of its annual budget, or as otherwise required
by law; and
4. This resolution shall become effective upon approval by the City Council.
Last, Best and Final Offer for
employees in Unit 5 (IAFF, Local 753-
Page 3 of 4 Fire Basic)
Resolution No.
* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing
resolution was adopted by the Council of the City of Fresno, at a regular meeting held on
the day of , 2014.
AYES
NOES
ABSENT
ABSTAIN
Mayor Approval: , 2014
Mayor Approval/No Return: 12014
Mayor Veto: , 2014
Council Override Vote: , 2014
YVONNE SPENCE, CMC
City Clerk
BY:
Deputy
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
BY:
Tina Griffin, Supervising Deputy City Attorney
Last, Best and Final Offer for
employees in Unit 5 (IAFF, Local 753-
Page 4 of 4 Fire Basic)
Resolution No.
ATTACHMENT 1
TERMS AND CONDITIONS
Non-Management Fire - Unit 5
Represented By
FRESNO CITY FIREFIGHTERS ASSOCIATION
LOCAL No. 753
INTERNATIONAL ASSOCIATION OF FIREFIGHTERS
A.F.L. - C.I.O.
EFFECTIVE JULY 14, 2014
LEGEND
* * * = deleted old language
[§ deleted] = section/subsection deleted
[§§ deleted] = two or more
sections/subsections deleted
bold type = new language
TABLE OF CONTENTS
Paqe
ARTICLE I — PREAMBLE ................................................................................................1
B. Definitions...................................................................................................1
C. Governing Laws .........................................................................................1
ARTICLE 11 - 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
I. Bulletin Boards ...........................................................................................7
ARTICLE V - SCOPE OF REPRESENTATION...............................................................8
A. General.......................................................................................................8
B. Grievance Procedure..................................................................................8
D. In Lieu of Suspension...............................................................................11
ARTICLE VI - DUES DEDUCTION................................................................................12
A. General.....................................................................................................12
B. Dues Check-off.........................................................................................12
C. Exceptions to Dues Deduction Authorization Card...................................13
D. Dues Deduction........................................................................................13
Page i
ARTICLE VII - COMPENSATION AND BENEFITS .......................................................14
A. General.....................................................................................................14
B. Salaries ....................................................................................................14
C. Pension Contribution ...............................................................................14
D. Health and Welfare...................................................................................15
E. Uniform Allowance....................................................................................16
F. Overtime/Shift Replacement And Premium Pay.......................................16
1. Overtime/Shift Replacement................................................................16
3. Specialty Team Premium Pay.............................................................18
4. Education Incentive Pay (EIP).............................................................21
5. Certificate Premium Pay......................................................................22
6. Bilingual Certification Program ............................................................22
7. Acting ..................................................................................................24
G. Sick Leave Benefit at the Time of Election to Enter the Deferred
Retirement Option Program (DROP) or at Retirement .............................24
H. Leaves......................................................................................................24
1. Holiday Leave......................................................................................24
2. Vacation Leave....................................................................................26
3. Sick Leave...........................................................................................26
4. Compensation for Unused Leave.........................................................27
I. Health Reimbursement Arrangement.......................................................27
J. Jury Duty and Court Time.........................................................................28
K. Relief........................................................................................................29
L. Absent With Relief(AWR) ........................................................................29
M. Workers' Compensation ...........................................................................30
N. Starting Steps When Promoted ................................................................31
O. Transfers ..................................................................................................31
P. Temporary Reassignments ......................................................................31
Q. Three Persons for 2 Hours .......................................................................31
R. Fire Suppression Service Delivery ...........................................................31
S. Americans With Disabilities Act (ADA), Family Medical Leave
Act (FMLA), California Family Rights Act (CFRA) And Workplace
Violence ...................................................................................................32
T. Hours of Work and Schedules..................................................................32
ARTICLE VIII - HEADINGS/REFERENCES/CITATIONS..............................................35
ARTICLE IX - SAVING CLAUSE/FULL UNDERSTANDING .........................................36
EXHIBIT I - SALARIES ..................................................................................................37
EXHIBIT II — SIDE LETTER DATED AUGUST 20, 2103 RE: ARTICLE VII.H.1.h
EXHIBIT III — February 24, 2009 Health and Welfare Trust Side Letter
Page ii
ARTICLE I
PREAMBLE
[§ deleted]
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 * * *
these Terms and Conditions, the definitions and provisions contained in
Sections 3-101, 3-202, 3-301, 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),
applicable provisions of the Public Employment Relations Board (PERB),
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), 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 * * *, these Terms and Conditions
or in the event of conflicts in interpretation, said laws shall govern.
Pagel
ARTICLE II
EMPLOYEE RIGHTS
A. GENERAL
The rights of employees, except as expressly modified herein, are as set forth in
FMC Section 3-604 * * *.
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
These * * * Terms and Conditions 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.
Page 2
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 upon
adoption of these Terms and Conditions by the City Council * * * 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 * * *.
3. Nothing in these Terms and Conditions * * * 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. These Terms and Conditions are * * * not intended to restrict
consultation in good faith with the Association regarding matters within the
right of the City to determine.
5. These Terms and Conditions * * * 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.
Page 3
ARTICLE IV
RECOGNITION
A. ASSOCIATION RECOGNITION
The City acknowledges the Association as the recognized employee organization
representing the Unit, and therefore, shall meet and confer in good faith promptly
upon request by the Association 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. * * *
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.
Page 4
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.
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. 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.
d. Employees assigned to the Firefighter Trainee position shall be
entitled to all benefits afforded to the Firefighters.
Page 5
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, and shall meet and confer in good faith promptly
upon request by the City and continue for a reasonable period of time in order to
exchange freely information, opinions, and proposals
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, and adhere to these
Terms and Conditions* * *.
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 effect
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.
Page 6
G. LEAVE FOR ASSOCIATION BUSINESS BY UNION OFFICERS
1. The Association President, Vice-President, and/or Secretary-
Treasurer may use CTO, vacation or holiday, for Association
business.
a. The specified Association officers 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. The side letter executed on August 20, 2013 entitled "IAFF,
Local 753, MOU Article VII.H.1.h, Special Circumstances" is
attached as Exhibit 2 hereto.
[§ deleted]
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.
Page 7
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 * * * these Terms and
Conditions. 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 * * * these Terms and Conditions 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 * * * these Terms
and Conditions 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
is necessary to attend and represent the grievant at a grievance hearing,
beginning at the first level of supervision.
Page 8
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 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.
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.
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
Page 9
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, the grievant, and/or 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, the grievant, and/or 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.
C. The neutral and Grievance Advisory Committee shall be bound by
the language of * * * these Terms and Conditions, 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 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.
Page 10
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 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.
[§ deleted]
D. IN LIEU OF SUSPENSION
By mutual agreement between the Chief 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.
Page 11
ARTICLE VI
DUES DEDUCTION
A. GENERAL
1. Pursuant to and in accordance with Section 3502.5 of the Government
Code and all the provisions therein, the City and the Association agree
that all employees in this Unit shall be required, as a condition of
continued employment, to join the Association or to pay the Association a
service fee. Except as expressly modified herein, the procedures
governing dues deductions, agency shop, hold harmless obligations,
religious and conscientious objections, and financial reporting
requirements, shall be as provided in Government Code Section 3502.5,
as the same may be amended from time to time.
2. Any disputes regarding the interpretation of this Section shall be resolved
through the grievance procedure except that any appeal of a termination
resulting from the application of this Section shall be processed in
accordance with the provisions of the FMC.
B. DUES CHECK-OFF
Rules governing dues check-off are set forth in FMC Section 3-620, as the same
may be amended from time to time.
1. The City shall deduct the dues or benefit premiums, or both, upon proper
authorization by Association members in the Unit.
2. If a member in the Unit desires the City to deduct dues or benefit
premiums from the member's paycheck, a deduction authorization shall be
made upon a Dues Deduction Authorization card.
3. The service fee shall consist of, and not exceed, the standard initiation
fee, periodic dues, and general assessments of the Association * * *. The
Association shall not require a non-member of the Association to make
any payment to a Political Action Committee, nor shall the Association
include as a part of the service fee any amount to be used for political
purposes.
4. In the event an employee covered hereunder does not authorize
deduction of either Association dues or a service fee from the employee's
paycheck and does not make such payment directly to the Association,
the Association shall provide a certification, signed by the Association
President, to the City of such failure. Prior to such certification, the
Association shall notify the employee of its intent to provide certification to
Page 12
the City, and give the employee an opportunity to respond within thirty (30)
days. Certification shall be in the form of a letter from the Association to
the City. Such failure by an employee shall constitute grounds for
termination by the appointing authority.
5. A Dues Deduction Authorization card may be revoked by a member in the
Unit, and the dues or benefit deduction canceled, only during the months
of November and December of any year.
If a member in the Unit desires to revoke a dues deduction authorization
card, a dues deduction revocation shall be made upon a Dues Deduction
Revocation card.
Dues Deduction Authorization and Revocation cards are available at the
Finance Department, Payroll, and the Personnel Services Department.
6. 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.
C. EXCEPTIONS TO DUES DEDUCTION AUTHORIZATION CARD
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.
D. DUES DEDUCTION
1. The deduction check covering all such deductions shall be transmitted to:
Fresno City Firefighters Association Local #753, 710 R Street, Fresno,
California 93721, or such address as may be provided to the City by the
Association.
2. The deduction check shall be made in favor of:
Fresno City Firefighters Association Local #753.
Page 13
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 * * by these
terms and conditions, shall be continued
B. SALARIES
1. * * * Salaries are reflected in Exhibit I, attached hereto and
incorporated by reference.
[§ deleted]
2. The City will contribute $36.00 per employee per pay period to the City's
Deferred Compensation plan. In order for employees to receive this
benefit the employee must personally enroll in the Deferred Compensation
plan by contacting the deferred compensation administrator (Fidelity) and
the Fire Department's payroll clerk and authorizing a contribution of at
least thirty-six dollars ($36.00) per pay period. This benefit is not
pensionable, and payment will be prospective from the point of enrollment.
Notwithstanding any of the above, the City will not contribute to the
to the Deferred Compensation plan beginning July 14, 2014.
C. PENSION CONTRIBUTION
The following applies to an employee's pension contribution:
1. Pension Contribution:
a. Effective July 14, 2014 * * *, the* * * City will pay * * * one percent
(1%) of the employee's pension contribution for employees hired
before July 14, 2014 * * *.
If implementation of the above elimination of City contribution
towards employee's pension is struck down by an
administrative agency or court of competent jurisdiction, the
above-eliminated City contribution shall be deemed as, and
converted to, an equivalent salary reduction.
[§ deleted]
Page 14
C. * * * The City's payment of* * * one percent (1%) of the employee's
pension contribution shall be permanent until the employee enters
the Deferred Retirement Option Program ("DROP"), retires or
separates from City service. This contribution towards the
member's pension obligation shall be included as compensation for
purposes of pension calculations.
If implementation of the above elimination of City contribution
towards employee's pension is struck down by an
administrative agency or court of competent jurisdiction, the
above-eliminated City contribution shall be deemed as, and
converted to, an equivalent salary reduction.
d. Applicability to DROP Members: Subject to the terms and
conditions as set for above in Section C. 1., effective June 30,
2012, in lieu of the * * * one percent (1%) pension contribution
payment by the City, the City will make a supplemental payment as
salary to an employee who has entered DROP. The supplemental
payment will be calculated by multiplying * * * one percent (1%)
times the employee's base rate of pay as reflected in Exhibit I,
Table I. This supplemental payment shall be included in the
employee's biweekly paycheck and shall not be considered part of
the employee's base pay.
If elimination of the City's supplemental payment to DROP
members under this provision is struck down by an
administrative agency or court of competent jurisdiction, the
eliminated supplemental payment shall be deemed as, and
converted to, an equivalent salary reduction.
[§ deleted]
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.
Page 15
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 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.
[§ deleted]
E. UNIFORM ALLOWANCE
Except for the period, July 1, 2014 through June 30, 2015, employees shall
receive one thousand one hundred dollars ($1,100) per year as a uniform
purchase and maintenance allowance, and paid in semi-annual installments on
the last pay period in December and June. In FY 15 (July 1, 2014-June 30,
2015), employees shall receive a uniform allowance of five hundred fifty
dollars ($550) dollars. Employees shall be responsible for purchase of safety
shoes and turn out boots in accordance with the Department's policies.
F. OVERTIME/SHIFT REPLACEMENT AND PREMIUM PAY
1. Overtime/Shift Replacement:
a. Overtime/Shift Replacement hiring is governed by Fresno Fire
Department Administrative Manual 101.2 Constant Staffing Policy,
and may be modified 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.
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 vacation or holiday time may be permitted to work
available overtime/shift replacement in accordance with the
Page 16
Fresno Fire Department Administrative Manual 101.2 Constant
Staffing Policy * * *.
e. 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.
f. 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.
g. 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. 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.
(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,
Page 17
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. 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.
[§§ deleted]
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
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 any
Page 18
combination of 36 hours of approved continuing education
classes or HMRT meetings in a rolling 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 rolling
year.
(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 "F" step 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.
b. Staff Position Assignments
Employees who accept administrative staff assignments, as defined
by the Chief or designee, shall receive ten percent (10%) of "F"
step 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
Page 19
members must meet department standards for qualification.
The City agrees to provide a minimum of seventy-two (72)
hours of on duty time for US&R training during that rolling
year.
(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 "F" step 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.
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 and who
are performing the duties of the assigned team shall receive three
percent (3%) of "F" step 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.
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 "F" step 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.
Page 20
f. Geographic Information Systems (GIS), Communications Team
Premium Pay
Any other specialty team designated by the Chief assigned to a
specifically designated Station (or assigned by the Chief) on a
permanent and/or day-by-day basis, including Geographic
Information Systems (GIS) and Communications Team shall
receive two percent (2%) of "F" step 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.
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
"F" step 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.
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.
Page 21
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
Hazardous Materials First Responder Operations Certificate from
the California Specialized Training Institute; Firefighter 1/11
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 fifty dollars
($50) per month. (All of the above certificates are required in order
to receive the fifty dollar ($50) 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 * * * one hundred dollars ($100) per month.
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
one hundred seventy-five dollars ($175) per month.
d. Chief Officer/Executive Fire Officer Certificate - * * * Employees
who have satisfactorily attained a Chief Officer Certificate through
the Commission on Professional Credentialing or the California
State Fire Marshal's Office or an Executive Fire Officer Certificate
through the National Fire Academy shall receive two hundred
twenty-five dollars ($225) per month.
Certificate premium pays in this section are pensionable. The Certificate
premium pays are not stackable with each other, but are stackable with
other premium pays.
6. Bilingual Certification Program
The bilingual certification program consists of a City administered
examination process whereby employees may apply for a Winter bilingual
examination, and if certified by the examiner, receive bilingual premium
pay for interpreting and translating. Bilingual premium pay is not
Page 22
pensionable under the first or second tier of the City Fire and Police
Retirement System.
a. Bilingual certification examinations will be conducted once a year.
During the examination noticing period, examination applications
will be available at the Personnel Services Department, Human
Resources Division and City department personnel units.
(1) In order to qualify for the Winter examination, the application
must be received by the Human Resources Division during
the month of November, but no later than the last regular
business day of November.
(2) Employees must be recertified every five (5) years. For
current bilingual employees, the number of initial
recertifications may be staggered.
(3) Bilingual examination application deadlines are not
appealable or grievable.
b. Bilingual certification examinations are conducted for Cambodian,
Hmong, Laotian, Sign, Spanish, and Vietnamese languages.
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. 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.
Page 23
7. Acting
Due to the Fire Department's staffing requirements,* * '` the department
shall compensate personnel for acting four (4) hours or more in vacant
positions in Suppression and Emergency Response units beginning with
the first shift. Vacant positions are those as defined in the FMC. It is
understood that the department does not intend to maintain vacant
positions within such units however, vacant positions do 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 four (4)
hours or more in non-vacant positions 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.
Compensation for 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
Fresno Municipal Code.
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
Page 24
(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 4-hour to 24-hour increments in accordance with
Administrative Manual 101.2 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.
[§ deleted]
C. Employees assigned to a 56-hour work week may request payment
for up to 2.5 shifts of holiday leave balance annually. 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 101.2 Constant Staffing
Policy, and may be modified by mutual agreement of the parties.
[§§ deleted]
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.
Page 25
2. Vacation Leave
a. Annual vacation leave for employees in this Unit will be:
Years of Accrual Rate ]aRate
Continuous Accrual Rate (1 year)
Employment (shifts)
Less than 10 6 144
More than 10 but 8 192
less than 20
More than 20 but 10 240 less than 30
More than 30 12 288
b. Employees shall be allowed to draw vacation and holiday periods
separately, by rank, by departmental seniority, subject to the
provisions of the Fresno Fire Department Administrative Manual
101.2 Constant Staffing Policy. This policy may be modified by
mutual agreement of the parties.
C. Employees with 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.
[§ deleted]
3. Sick 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
101.2 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 .2
Constant Staffing Policy shall apply. The attendance/health
incentive component detailed below also applies.
Page 26
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 and/or protected
leaves such as Family & Medical Leave and Family Sick Leave,
and/or Bereavement Leave) in the 24 months preceding their date
of retirement will be credited for all unused sick leave * * * fifty
percent (50%) of the employee's then current base rate of pay, to
be used solely to pay premiums for medical insurance (including
COBRA premiums), pursuant to the City's Health Reimbursement
Arrangement as set forth below.
(b) Family Sick Leave
Employees * * * will be allowed to use up to half of annual sick
leave accumulation for Family Sick Leave in accordance with
California Labor Code 233. Family Sick Leave shall be used only
for those purposes defined in * * * California Labor Code section
233. Use of Family Sick Leave shall be authorized and recorded by
the Fire Chief or designee.
(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.
4. 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.
H. HEALTH REIMBURSEMENT ARRANGEMENT
The City currently maintains a Health Reimbursement Arrangement (HRA) that
qualifies as a "health reimbursement arrangement" as described in Internal
Page 27
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 fifty percent (50%) 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 these Terms and Conditions
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. 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
Page 28
for jury duty on the day following a duty shift, the employee may be released up
to one 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 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 as
discussed in 29 CFR 553.31, 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
absence. 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.
2. No employee shall take an AWR for the purpose of other employment,
self-employment included.
Page 29
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
101.2 Constant Staffing Policy, and may 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.
[§§ deleted]
2. If the employee is placed on sick leave, vacation, holiday, or CTO pending
determination as to whether the injury or illness is industrial, and the injury
or illness is determined to be industrial, sick leave, vacation, holiday, or
CTO 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 leave, vacation, holiday, or CTO pending
determination as to whether the injury or illness is industrial, and the injury
or illness is determined not to be industrial, sick leave, vacation, holiday,
or CTO shall not be restored and the absence will be considered as
outlined in Fresno Fire Department Administrative Manual 101.2 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 retirement code sections.
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 income, the provisions of subsection 1. above regarding salary
shall be of no force and effect.
Page 30
6. Notwithstanding the provisions of the FMC, for the first sixty (60) days of
absence in any fiscal year, benefits, including but not limited to holiday
leave accumulation and uniform allowance, shall continue to accrue.
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. TRANSFERS
The Fire Department administration shall maintain policies and procedures that
regulate transfer processes. Transfer policies and procedures are governed by
Fresno Fire Department Administrative Manual 101.3 Transfer, and may be
modified by mutual agreement between the Association and the Fire Chief. When
all other considerations are equal, seniority shall be the major factor in making
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 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
Page 31
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.
Page 32
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.
Personnel assigned to a 40 hour schedule may take holiday leave
in any increment of time.
Page 33
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.
Page 34
ARTICLE Vlll
HEADINGS/REFERENCES/CITATIONS
A. Headings:
Article, provision, and paragraph headings (includes exhibits, addendums,
attachments * * *) contained herein are solely for the purpose of convenience,
and shall not affect the construction or interpretation of any of the language of
* * * these Terms and Conditions.
B. References/Citations:
References/citations in these Terms and Conditions * * * (includes exhibits,
addendums, attachments * * *) 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
these Terms and Conditions * * *, unless so noted.
Page 35
ARTICLE IX
SAVING CLAUSE/FULL UNDERSTANDING
[§ deleted]
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.
The terms of the attached side letters remain in full force in effect.
Page 36
EXHIBIT I - SALARIES
Table I
Non Management Fire Unit 5
Salaries - Effective August 5, 2013
STEP A B C D E F
Firefighter Trainee* 16.61 per hour
Firefighter Trainee** 4424
Firefighter 4916 5161 5421 5691 5977 6278
Firefighter Specialist 5506 5780 6071 6373 6692 7027
Fire Captain 6145 6453 6776 7116 7472 7847
Fire Investigation Unit Supervisor 6145 6453 6776 7116 7472 7847
* upon graduation of the Academy until appointed to rank of Firefighter
** while attending the City of Fresno Fire Department Academy
Page 37
IAFF, Local 753, MOU Article VII H. 1.h Exhibit II
Special Circumstances
1. Effective August 5, 2013, there shall be a monthly cap of three hundred twelve (312) hours of
accumulated Holiday leave for the President, Vice-President, and Secretary/Treasurer for
IAFF, Local 753. The three hundred twelve (312) hour accrual balance cap for these elected
officer's shall remain for a period of one year after the conclusion of their term of office after
which any excess over one hundred fifty-six (156) hours shall be cashed out in accordance
with IAFF, Local 753, MOU Article VII H. 1. h. Employee ID and names subject to this 312
accrual cap maximum for IAFF officers as of August 5, 2013 are:
05131 - Short, Craig 00092 -Wanless, Kirk 08257 - Sanders ll, Royce D
06405 - Flores, Pete
2. The employee listed below will NOT be subject to the automatic holiday cashout provisions
outlined in the IAFF, Local 753, MOU Article VII H. 1. h. to be implemented on August 5,
2013. This employee shall exhaust holiday hours at the rate of no less than three hundred
twelve (312) hours per fiscal year until this bank of hours is exhausted. If less than 312
holiday hours are taken off in a fiscal year, the employee will be become subject to the
automatic holiday cashout provisions and be cashed out in accordance with IAFF, Local 753,
MOU Article VII H. 1. h. This provision pertains to the below listed employee and is not
applicable to any other employees of IAFF, Local 753.
02624—Smith, Gerald
3. The employees listed below will NOT be subject to the automatic holiday cashout provisions
outlined in the IAFF, Local 753, MOU Article VII H. 1. h. to be implemented August 5, 2013.
In consideration that these employees were accruing holiday balances in anticipation of
entering the DROP program and that maintaining these accrued balances is no longer
required for the DROP calculation, these employees shall be afforded an opportunity to
exhaust excess holiday hours. The below employees shall exhaust any holiday excess hours
above 156 cap at the rate of no less than 312 hours per fiscal year (or the pro-rated
equivalent based on the individuals excess hours) until the holiday balance is at or below the
156 hour holiday cap threshold, at which time the employee will be subject to the automatic
holiday cashout provisions from that time forward. If less than 312 holiday hours (or pro-rated
equivalent) are taken in a fiscal year, the employee will be become subject to the automatic
holiday cashout provisions and be cashed out in accordance with IAFF, Local 753, MOU
Article VII H. 1. h. This provision pertains to the below listed employees and is not applicable
to any other employees of IAFF, Local 753. The department will monitor leave usage and
notify Payroll when to begin applying MOU Article VII H. 1. h. Employees Excluded from
Local 753, MOU Article VII H. 1. H at August 5, 2013 are:
04037— Reitz, Randall 01066 —Webster, Roy
00098 —Young, Gary
4. Employee 04335 will NOT be subject to the automatic holiday cashout as this employee has
been acting in a U10 Battalion Chief position pending approval to fill the position on a
permanent basis.
04335 -- French, Lawrence
City Manager l6at6
Exhibit III
Agreement between
City of Fresno
and
Employee Organizations Representing City of Fresno Employees
This agreement was reached in an effort to lower the current cost of the monthly health
contribution rates between March 1, 2009 and .tune 30, 2010 as set by the Fresno City
Employees Health and Welfare Trust (Trust) thereby assisting to ameliorate fiscal
developments faced by the City of Fresno (City). The agreement also provides short term
guarantees by the City for the unencumbered reserve of the Trust while setting a long
term minimum of four (4) months for the Trust unencumbered reserve. This agreement
sets forth the full and entire understanding of the City and Bargaining Units whose
representatives have signed this agreement regarding these matters. This Agreement is
effective March 1, 2009 and will remain in force so long as the Trust agrees to maintain a
health contribution rate that is calculated to maintain a minimum of a four (4) month
unencumbered reserve as calculated by the actuary selected by the Trust (actuary).
1. This agreement will be effective only if the provisions below affecting the Trust are
approved by a majority of affected represented bargaining units and the City
Council and if the Trust sets a monthly health contribution rate of seven hundred
twenty-nine dollars ($729) effective March 1, 2009 through ,tune 30, 2010.
2. The parties agree that, for the period March 1, 2009 through June 30, 2010, if the
Trust unencumbered reserve falls below a four (4) month unencumbered reserve
as calculated by the actuary selected by the Trust for two (2) consecutive months,
the City will pay to the Trust an amount sufficient to restore the level of the Trust
unencumbered reserve to four(4) months.
3. The restoration to a four (4) month unencumbered reserve must occur within 30
days notice to the City by the Trust's third party administrator. This payment by the
City shall not be utilized in the calculation of the amounts due by the City and
employees for established Trust health contribution rates.
4. Effective June 30, 2010 if the Trust unencumbered reserve is calculated by the
actuary selected by the Trust to be less than a four (4) month unencumbered
reserve, the City will pay an amount to the Trust sufficient to restore the level of
the unencumbered reserve to four (4) months. This payment by the City shall not
be utilized in the calculation of the amounts due by the City and employees for
established Trust health contribution rates.
5. The parties agree that, for the monthly health contribution rate effective July 1,
2010 and for all subsequent monthly health contribution rates, the Trust will set a
monthly health contribution rate not less than the rate calculated by the actuary
Page 2
Agreement re: Health &Welfare Trust Reserve
Employee Organizations representing City of Fresno Employees
selected by the Trust necessary to maintain a minimum unencumbered reserve of
four (4) months.
6. The parties will support amendments to the Trust necessary to implement this
agreement.
FOR THE FRESNO CITY FOR THE AMALGAMATED TRANSIT
EMPLOYEES ASSOCIATION: UNION, LOCAL 1027
FORT E INTERNATIONAL FOR THE FRESNO POLICE OFFICERS
ASSOCIATION OF FIREFIGHTERS, ASSOCIATION, BASIC UNIT:
LOCAL 753, BASIC UNIT:
FOR THE INTERNATIONAL FOR THE FRESNO POLICE OFFICERS
BROTHERHOOD OF ELECTRICAL ASSOCIATION, MANAGEMENT UNIT:
WORKERS, LOCAL 100:
-;�<FOR THE INTERNATIONAL THE CITY OF FRESNO
ASSOCIATION OF FIREFIGHTERS, PROFESSIONAL EMPLOYEES
LOCAL 753, MANAGEMENT UNIT: ASSOCIATION:
FOR THE CITY OF FRESNO FOR THE FRESNO AIRPORT PUBLIC
MANAGEMENT EMPLOYEES SAFETY SUPERVISORS:
ASSOCIATION:
�, dE
Page 3
Agreement re: Health & Welfare Trust Reserve
Employee Organizations representing City of Fresno Employees
FOR THE CITY OF FRESNO:
Date:
APPROVED AS TO FORM
CITY ATTORNEYS OFFICE
L
BY:
❑eputy City Attorn
ATTACHMENT
B
city pl
BE ED R2 On a 134,\ /G
PERSONNEL SERVICES DEPARTMENT Jeffrey T.CardeI I
- -- - - -- -
2600 Fresno Street,Room 1030 Director
Fresno,California 93721-3614
relephone:(559)621.6950-FAX(559)498-4775
www.fresno.gov
March 20, 2014
Sent via Electronic and U.S. Mail
Pete Flores, President
IAFF, Local 753
710 "R" Street
Fresno, CA 93721
SUBJECT: NOTICE OF IMPASSE
Dear Pete:
As you know, the City declared impasse on negotiations over a successor Memorandum of
Understanding (MOU) on March 17, 2014. This letter is in compliance with Chapter 3,
Article 6, Section 3-617 of the Fresno Municipal Code (FMC), which calls for a letter with a
demand for an impasse meeting as part of a declaration of impasse,
The City and IAFF, Local 753, Basic Unit, have met and conferred in an attempt to reach
resolution on a successor Memorandum of Understanding. The Association has taken a
final package proposal, on which the parties tentatively have agreed, to its members with a
recommendation for approval. Ratification was rejected.
A summary of the items voted on by Fire Basic follows;
ISSUE _ DESCRIPTION
Salaries January 1, 2016 - increase salaries by 2.5%.
Pension February 10, 2014 - City to discontinue 2% pension
contribution towards employee share.
• February 10, 2014 - Employees to contribute 1% towards the
City's share of retirement contributions effective February 10,
2014 on an ongoing basis.
Health &Welfare . $800 flat rate contribution by the City effective March 1, 2014.
• City to increase share by up to $40 in July 2014.
• City to increase share by up to $42 in July 2015.
• If any unit negotiates something better between now and end
of MOU, Fire receives also.
• Reopener on Health &Welfare.
Pete Flores, IAFF, Local 753, Basic Unit
March 20, 2014
Page 2
Compensatory Compensatory Time Off— Increase earnings cap from 108 to
Time Off _120 and allow accrual for_assignments of under 12 hours.
Deferred Stop City $36 matching contribution from February, 2014
Compensation through June, 2015.
Subsequent • Negotiations: Open as early as six months before end of
Negotiations MOU, at least four months before end.
Bilingual Recertification every five years. Initial certification to be
sta gered.
2/4 Schedule Current 2/4 schedule put in MOU
Bereavement New language similar to what is in FMC.
Leave
56/40 Hour All conversions to be based on a 1.4 factor instead of a
Conversions mixture of 1.5 and 1.4.
Workers Include provision reflecting state law. Remove provisions no
Compensation longer a plicable.
Term Expires June 30, 2&t5. ;tplly _
Other Various changes/clean up in MOU language such as
standardization of Trainee pay, reference to Labor Code in
Lockout/Strike.
Pension (not in City and Fire Units to meet and confer on pension related
MOU) topics in regard to new employees.
By copy of this letter and in accordance with the impasse provisions of the FMC (copy
attached), the City is requesting that the Director's designee, Jeffrey Cardell, Director of
Personnel Services, schedule an impasse meeting. Jackie Larkin will be in touch with you
to schedule a date and time.
Sincerely
ti
[vs Ken Phillips
Labor Relations Manager
Attachment
c: Bruce Rudd, City Manager
Renena Smith, Assistant City Manager
Jeffrey Cardell, Personnel Services Director
Kerri Donis, Fire Chief
Lori Najera, Labor Relations Representative
Jeffrey Beatty, Payroll Manager
Cheryl Carlson, Management Analyst III
SEC. 3.617, RESOLUTION OF IMPASSES.
(a) An impasse resulting from the meet and confer process shall be resolved through the use of the
impasse resolution procedures prescribed by this section. The impasse resolution procedures may be initiated
only after the exhaustion of the possibility of resolution of the impasse through the meet and confer process.
(b)Any party may initiate the impasse resolution procedures sequence.
(c) The impasse resolution procedures and the sequence in which they must be utilized shall be as
follows:
(1) Impasse meeting:
(i) 'The party initiating the impasse resolution procedures sequence shall deliver to
the other party or parties involved a written demand for an impasse meeting together with a
statement of the initiating party's position on all matters at impasse.
(ii) Immediately after receipt or delivery by the Director of the written demand, the
Director shall schedule an impasse meeting. The Director shall give at least 24 hours'written
notice of the time and place of such meeting to all other parties involved in the impasse,
(iii) Prior to or at the commencement of such meeting, each party, who received a
demand for or written notice of such meeting, shall deliver to each other party a statement of
the position of such party on all matters at impasse.
(iv) The purpose of the impasse meeting is to permit a review and clarification of the
position of all parties on all matters at impasse in a further effort to reach agreement, and, if
agreement is not reached on all matters at impasse, to select a further impasse procedure for
the matter or matters remaining at impasse.
(2) Mediation:
(i) Mediation may be initiated only by mutual agreement of the parties at impasse.
(ii)The parties may, by mutual agreement,select only the California State Conciliation
Service or Federal Mediation and Conciliation Service to mediate the impasse,
(iii) The mediator shall be presented a position statement of each party on all matters
at impasse.
(iv) Mediation proceedings shall be private. Neither the mediator nor party involved in
the mediation shall make any public recommendations or take any public position concerning
the matters at impasse.
(3) Fact finding:
(i) If agreement is not attained on all matters at impasse after ten days of mediation,
any party who was a party in the mediation procedure may demand fact finding.
(ii) If agreement to mutually select the fact finder cannot be attained within five days
of receipt of the demand for fact finding, the Civil Service Hoard shall designate the fact finder.
(iii) Neither the Civil Service Board, nor any member thereof; may be designated as
the fact finder.
(iv) Fact-finding proceedings shall be private. Neither the fact finder nor any party
involved in the fact finding shall make any public recommendation or take any public position
concerning the matters at impasse until after the fact finder's report has been filed with the
City Clerk.
(v) The fact finder's report shall contain no recommendations unless requested, in
writing by all parties to the impasse, to make recommendations.
(vi) The fact finder's report shall be first delivered to [tie parties at impasse,within ten
days after selection of the fact finder,'except such period may be extended by mutual
agreement of the parties.
(vii) If an impasse still exists five working days after delivery of the fact finders report
to the parties at impasse, the fact finder's report shall be filed with the City Clerk and shall be
public information.
(4) Such other impasse resolution procedures as the parties may agree upon.
(d) The sequence of the impasse resolution procedures specified in subsection (c) hereof may be
modified as follows,.
(1) If the Director determines, from a review of the position statements of the parties at
impasse, delivered pursuant to subsection (c) (1) (i) and (iii) that an impartial investigation and
determination of the facts will be likely to expedite an informed equitable resolution of the matter at
impasse, the Director may require that such matter at impasse be submitted to fact finding before
resort is had to any other impasse procedure.
(2) If the Director declines to agree to mediation on behalf of the city and fails to initiate fact
finding under(1), any party to the impasse may require that the matter at impasse be submitted to fact
finding before resort is had to any other impasse procedure.
(e) Any fees and expenses of fact finders, mediators, or of any other persons or agencies utilized
pursuant to this section in furtherance of the resolution of an impasse shall be paid one-half by the city and
one-half by the employee organization or organizations involved in the impasse. (Added Ord. 72-1, 1972).
ATTACHMENT C
UNIT 5, FIRE BASIC
W2 AMOUNTS - 2013
.lob Description W2 Amount
Fire Captain 148,542.71
Fire Captain 145,611.10
Fire Captain 143,278.87
Fire Captain 142,866.16
Fire Captain 135,972.11
Fire Captain 135,755.52
Fire Captain 133,159.85
Fire Captain 132,816.72
Fire Captain 131,221.05
Fire Captain 128,237.46
Fire Captain 127,871.19
Fire Captain 127,788.69
Fire Captain 126,558.34
Fire Captain 126,116.54
Fire Captain 126,094.31
Fire Captain 124,897.10
Fire Captain 124,634.32
Fire Captain 124,251.92
Fire Captain 123,971.60
Fire Captain 123,344.25
Fire Captain 123,311.44
Fire Captain 122,429.51
Fire Captain 122,073.87
Fire Captain 121,745.51
Fire Captain 121,509.63
Fire Captain 121,357.85
Fire Captain 120,610.01
Fire Captain 120,585.86
Fire Captain 120,273.69
Fire Captain 119,173.60
Fire Captain 119,048.01
Fire Captain 118,980.67
Fire Captain 118,925.10
Fire Captain 118,245.27
Fire Captain 118,218.34
Fire Captain 118,214.97
Fire Captain 118,016.42
Fire Captain 117,875.19
Fire Captain 117,758.72
Fire Captain 117,549.90
Fire Captain 117,236.59
Fire Captain 116,330.12
Fire Captain 116,110.63
Fire Captain 115,920.96
Fire Captain 115,797.41
Page 1 of 7 6/24/14
UNIT 5, FIRE BASIC
W2 AMOUNTS - 2013
.lob Description W2 Amount
Fire Captain 89,989.72
Fire Investigation Unit Supv 116,024.28
Firefighter 107,210.85
Firefighter 104,949.12
Firefighter 104,187.09
Firefighter 103,570.29
Firefighter 101,714.66
Firefighter 101,073.49
Firefighter 100,920.29
Firefighter 99,887.53
Firefighter 99,562.92
Firefighter 97,889.30
Firefighter 97,866.87
Firefighter 97,569.75
Firefighter 97,291.95
Firefighter 97,095.47
Firefighter 97,035.22
Firefighter 96,298.13
Firefighter 95,991.71
Firefighter 94,403.28
Firefighter 93,915.88
Firefighter 93,225.41
Firefighter 93,120.55
Firefighter 93,030.48
Firefighter 92,958.62
Firefighter 92,756.51
Firefighter 92,600.30
Firefighter 92,515.95
Firefighter 92,095.37
Firefighter 91,690.74
Firefighter 91,507.16
Firefighter 91,446.34
Firefighter 91,155.13
Firefighter 90,580.47
Firefighter 89,967.09
Firefighter 89,784.62
Firefighter 89,730.42
Firefighter 89,717.17
Firefighter 89,538.71
Firefighter 88,786.81
Firefighter 88,763.83
Firefighter 88,619.15
Firefighter 88,554.38
Firefighter 88,433.04
Firefighter 88,122.24
Page 3 of 7 6/24/14
UNIT 5, FIRE BASIC
W2 AMOUNTS - 2013
Job Description W2 Amount
Firefighter 78,773.00
Firefighter 78,054.61
Firefighter 77,537.86
Firefighter 76,585.69
Firefighter 76,508.98
Firefighter 76,142.96
Firefighter 75,797.18
Firefighter 45,246.08
Firefighter 40,934.07
Firefighter 36,107.38
Firefighter 30,470.48
Firefighter 21,265.86
Firefighter Specialist 124,788.15
Firefighter Specialist 121,740.25
Firefighter Specialist 120,648.39
Firefighter Specialist 118,910.66
Firefighter Specialist 117,731.75
Firefighter Specialist 116,109.29
Firefighter Specialist 115,424.31
Firefighter Specialist 115,066.76
Firefighter Specialist 114,916.12
Firefighter Specialist 113,492.26
Firefighter Specialist 113,357.33
Firefighter Specialist 112,920.54
Firefighter Specialist 111,732.46
Firefighter Specialist 111,444.60
Firefighter Specialist 111,351.35
Firefighter Specialist 110,267.07
Firefighter Specialist 110,047.96
Firefighter Specialist 110,026.14
Firefighter Specialist 109,978.15
Firefighter Specialist 109,690.18
Firefighter Specialist 109,539.61
Firefighter Specialist 109,516.01
Firefighter Specialist 109,447.14
Firefighter Specialist 108,855.58
Firefighter Specialist 107,818.92
Firefighter Specialist 107,769.27
Firefighter Specialist 107,760.89
Firefighter Specialist 107,224.47
Firefighter Specialist 106,504.60
Firefighter Specialist 106,062.06
Firefighter Specialist 106,021.00
Firefighter Specialist 1 105,486.74
Firefighter Specialist 1 105,159.96
Page 5 of 7 6/24/14
UNIT 5, FIRE BASIC
W2 AMOUNTS - 2013
.lob Description W2 Amount
Firefighter Specialist 94,102.25
Firefighter Specialist 92,867.14
Firefighter Specialist 92,375.19
Firefighter Specialist 92,230.69
Firefighter Specialist 91,914.17
Firefighter Specialist 91,653.94
Firefighter Specialist 90,410.89
Firefighter Specialist 90,113.36
Firefighter Specialist 89,945.39
Firefighter Specialist 89,780.75
Firefighter Specialist 89,565.01
Firefighter Specialist 89,020.93
Firefighter Specialist 88,526.58
Firefighter Specialist 88,411.30
Firefighter Specialist 88,360.91
Firefighter Specialist 87,680.33
Firefighter Specialist 87,580.56
Firefighter Specialist 87,008.05
Firefighter Specialist 72,437.62
Firefighter Specialist 68,419.45
Firefighter Specialist 33,905.96
29,166,883.12
Page 7 of 7 6/24/14
ATTACHMENT
D
Fire Basic Compensation Changes
.ter------
5.0%
4.0%
a
3.0%0
2.0% o
-0-Salary/Pension Changes
—go-One Time Concessions
--------------
a0x
FY89 FY10 FY11 FY12 FY13 FY]k
-3.3% -3.3%
-3.7%
-4.0%
-6.0%
ATTACHMENT E
FY 2015 Proposed Terms and Conditions
Unit 5
July, 2014
FY 2015
Eff PP 7/14/14
1% Employee Contribution to Pension $ 228,000
Deferred Compensation Savings' $ 255,700
Uniform Allowance @$550/year S 162.800
Health and Welfare Contribution eff 8/1/14:
City Contribution @ 75 Percent, Future Incr 50/502 $ 176,500
Total Savings $ 823,000
FY 2015 Adopted Appropriations-Salary/Fringe Budget 5 34,579,900
Savings as a Percentage of FY 15 Salary/Fringe Budget 2.38%
'Deferred compensation benefit will be discontinued starting 7/14/14.
2Savings calculation is the difference between the current City contribution rate of 80 percent.
and the proposed City contribution rate of 75%.
*This analysis used 296 FTE as the current employee count for Units 5.
**All calculations based on a 2912 hour yearly work schedule.
*** Unless otherwise noted, changes go into effect on 7/14/14.