HomeMy WebLinkAbout2010-01-27 e-packet (2)SPECIAL MEETING
~o,5~x sqy~ CITY COUNCIL
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~~ ~ ~ CITY OF SOLJTI~ SAN FRANCISCO
" ~ P.O. Box 711 (Citr iIall, 400 Grand Avenue)
c~`'Ffl`•'~t~ South San Francisco, California 940°3
Meeting to be held at:
MUNICIPAL SERVICES BUILDING
COMMUNITY ROOM
33 ARROYO DRIVE
SOU~i II SAN 1'RAN~ISCC), CA
WEDNESDAY, JANUARY 27, 2010
7:00 P.M.
NOTICE IS HEREBY GIVEN, pursuant to Section 54956 of the Government Code of the
State of California, the City Council of the City of South San Francisco will hold a Special Meeting
on Wednesday, the 27`'' day of January, 2010, at 7:00 p.nl., in the Municipal Services Building,
Community Rocm, 33 Arroyo Drive, South San Francisco, California.
Purpose of the meeting:
1. Call to Order.
2. Roll Call.
3. Agenda Review
4. Public Comments - comi~~ents a~°e limr'ted to r.'~el~2s on the Special M~etinb
Agenda.
5. Resolution approving dle 1Ylemor~nidum of Llndcrst~~nding l~or Intern~~lional
Association ol~ Firelightci~~s Unit, Local 1507, dated July 1, 2009 llirough June 30,
2011.
6. Adjournment. ~.
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i~ATE: January 27, 2010
TC: Honorable Mayor and City Council
FROI~i: Kathy Mount, Human Resources Director
STJBJECT: RESOLUTION APPROVING THE MEiVIOR.ANDUM OF UNDERSTANDING
FOR THE INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL
1507 UNIT DATED JULY 1, 2009 THROUGH JUNE 30, 2011
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving the Memorandum of
Understanding (MOU) for the International Association of Firefighters, Local 1507 Unit
dated July 1, 2009 through June 30, 2011.
BACKGROUND
The 2008-2009 Grand Jury issued a June 4, 2009 report with conclusions and recommendations
for controlling employee costs. Staff's review of the report determined that some of the Grand
Jury's recommendations have merit. One of these recommendations that is supported by the
City and also by the San Mateo County City Managers' Association is the two-tiering of
retirement for new hires.
The City negotiated with the South International Association of Firefighters, Local 1507 Unit to
modify the CaIPERS retirement benefits that the City will offer new employees in this unit
effective no later than June 30, 2010. The current retirement benefit is provided at 3% at age 50
for Safety members, based on one year of compensation. New hires will be provided a
retirement benefit of 3% at age 55 for Safety Members, based on the average of three years of
compensation. This MOU includes changes to health and welfare benefits once implemented on
behalf of all City bargaining units, as well as, a 2% across the board wage increase to base salary
effective July 1, 2010. This MOU was negotiated within the parameters authorized by the City
Council. Attached is the proposed MOU incorporating the agreed-upon terms and conditions of
employment for the unit and a summary of the substantive terms of the MOU.
FUNDING
The MOU provides fora 2% wage increase effective July 1, 2010. The last unit wage increase
for this unit was based on a salary survey and was effective July 1, 2008. Once the changes to
the retirement formula have been implemented on behalf of all the City's CaIPERS Safety
bargaining units, this change will provide long-term savings to the
Staff Report
Subject: IAFF, Local 1507 MOU
Date: January 27, 2010
Page 2 of 2
City due to reduced contributions to CaIPERS. In addition, the changes to the health and welfare
benefits will provide savings to the City once implemented on behalf of all City bargaining units.
CONCLUSION
It is recommended that the City Council Approve the 1`/IOU for the International Association of
Firefighters, Local 1507 Unit dated July 1, 2009 through June 30, 2011.
B y: ' _
Kathy Mount
Human Resources Director
~ ~.
Ba y M. Nagel
City Manager
Attachments:
Resolution
Summary of MOU Changes
MOU
mm/km
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STA T E OF CALIFORNIA
A RESOLUTION APPROVING THE MEMORANDUM
OF UNDERSTANDING FOR THE INTERNATIONAL
ASSOCIATION OF FIREFIGHTERS UNIT DATED
JULY 1, 2009 THROUGH JUNE 30, 2011
WHEREAS, staff recommends approval of the Memorandum of Understanding (MOU)
for the International Association of Firefighters Unit dated July 1, 2009 through June 30, 201 l;
and
WHEREAS, the MOU was prepared by the Human Resources Department, has been
approved as to form by the City Attorney, and incorporates the agreed upon terms and conditions
of employment for the International Association of Firefighters, Local 1507 TJnit.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby approves the MOU for the International Association of
Firefighters, Local 1507 Unit dated July 1, 2009 through June 30, 2011.
~ ~ ~ ~ ~
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a meeting held on
the day of , 2010 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
1304811.1
ATTEST:
City Clerk
City of South San Francisco
International Association of Firefighters, Local 1507
Summary of MOU Changes
January 27, 2010
1. Contract term of 30 months: July 1, 2609 through June 30, 201.1_ .
2. Across-the-board wage increase of two percent (2°io) of base pay effective Juiy 1, 2010.
3. "No Layoff or Furlough" Language through June 30, 2010. Layoffs or furloughs will not
be imposed on members of this bargaining unit unless the City's deficit exceeds
$500,000.
4. "Me Too" Language (will receive any across-the-board salary increases or enhancements
to retirerr~ent, medical, dental, vision, life or disability benefit granted to any other unit).
5. Health and Welfare Benef t Package as modified (not effective until changes are made
for all bargaining units):
a. Medical Insurance-Zero office visit co-pay (Kaiser) and $5 co-pay (Blue Shield
HMO) increased to $20 co-pay for HMO plans. Addition of $250 co-pay per
hospitalization. Increase in drug co-pay from $5 to $10/25 (Kaiser) and $5/10/25
to $10/25/40 (Blue Shield).
b. Dental Insurance-No change to benefit levels; retain enhanced dental plan.
Addition of PPO Network with continued access to current Delta Dental Premier
network.
c. Discretionary Benefit Option-Change from 80% of health premium cost to a flat
amount of $550 per month in deferred compensation monies.
d. Safety Disability- Increase City's contribution to employee for payment to
CAPF to cover full premium cost, up to a maximum of $25 per month.
6. Modify retiree health and unused accrued sick leave payout language to reflect current
practice.
7. Provide a Medical After Retirement Account (MARA) in lieu of the City's current retiree
medical plan for new hires once implemented for all bargaining units. Proposal
eliminates promise of City-paid medical insurance post retirement and substitutes 1.5%
of salary paid annually into employees' MARA to use for health care expenses after
retirement. During 2010, explore possible funding options and possibly extend MARA
plan to existing employees.
8. Modify PERS retirement formula for newly hired employees to 3% at age 55 for Safety
members, with an average of three years of compensation. This will be effective as soon
as can be applied to all new hires, but no later than June 30 2010.
9. Add Registered Domestic Partner as an eligible dependent for health care, sick leave as
family care leave, and. bereavement leave.
10. Add the Section 125 Flexible Benefits Plan and increase the health care expense
reimbursement maximum from $2,000 to $3,000 effective January 1, 2010.
IAFF, Local 1507
Summary of MGU Changes
January 27, 2010
Page 2 of 2
11. Increase Authorized Union Representatives from 4 to 8 provided does not ir_terfere with
departmental operations as determined by Fire Chief or designee
12. Allow Unior. to locate a Union file cabinet at any Fire Station provided least disruptive to
day-to-day operations as determined by Fire Chief or designee.
13. Change required minimum hours needed in order to receive acting pay from four (4) full
hours to one (1) full hour.
14. Modify bilingual pay language to remove need to demonstrate proficiency to Fire Chief.
15. Leather Helmet becomes property of the employee. Remove 3 year requirement.
16. Remove restriction to purchase disability insurance from the California Association of
Professional Firefighters.
17. Holiday Compensation-agree to reword so that employees who actually work the
holiday are not required to provide doctor's note if absent day before or after the holiday.
18. Vacation Staffing-agree to reword so that no more than 2 IAFF unit employees per shift
maybe on vacation on any working day (excludes counting of Battalion Chiefs).
19. Agree to allow for 1 quad-, 4 double- and unlimited single trade shift(s) per Policy and
Procedures Manual.
20. Agree to determine Fire Apparatus Engineer seniority by time in Fire Department and not
promotional date per Policy and Procedures Manual.
21. Agree to minimum staffing level at 20 personnel at all time except that minimum staffing
maybe changed as needed for operational requirements in the sole discretion of the Fire
Chief through revision to the Policy and Procedures Manual. The City will meet and
consult with the IAFF before implementing any change, but may implement the change
without necessarily reaching agreement.
22. Remove requirement to give nature of illness when calling in sick and to report illness to
Battalion Chief only. Allow call in to Captain as well.
23. Agree to address operations issues in an updated, uniform Policy and Procedures Manual
to be kept online so that information is consistent at every station.
24. In conjunction with Chief or his designee, develop and implement department wide
labor-management committee to address operational issues.
25. Addition of access to RHS plan, specific terms to be developed and communicated to the
City by IAFF no later than January 31, 2010.
26. Incorporate a portion of Side Letter of Agreement "I" into MOU related to Y-rating of
Fire Apparatus Engineer into MOU for life of this contract.
T~ e:x~ ~ South
~1~
Memorandum of V nderstanding
between the
International Association of Firefighters, Local 1507
and the
City of South San Francisco
July 1, 2009 through June 30, 2011
Memorandum of Understanding
between the
International Association of Firefighters
and the
City of South San Francisco
July 1, 2009 through June 30, 20011
Article ~ .Preamble
This Memorandum of Understanding is entered into by the City of South San Francisco,
designated "City" and the International Association of Firefighters (IAFF), Local 1507, AFL-
CIO, designated "Union" as a mutual agreement of the wages, hours, and conditions of
employment in effect during the period of 7/1/2009 through 6/30/2011 for those full-time regular
employees working in classifications in the represented unit referred to in this agreement.
Article ~ . V pion ~ghts
2.1. Recognition-The City of South San Francisco recognizes the International Association
of Firefighters, Local 1507, AFL-CIO as the employee organization representing the
employees in this unit, which consists of all employees in the classifications identified in
Appendix A and as may be added to the unit by the City during the term of this
agreement.
2.2. Payroll Deduction--Upon receiving a written request and authorization from an
employee for deduction of Union dues, the City shall withhold such dues and deductions
from the salary of the employee and shall remit the withholdings to the Union. The City
shall continue to withhold such deductions unless the employee files a statement with the
City withdrawing authorization for the continued withholding of the deductions.
2.3. Authorized Representatives-The Union shall provide and maintain with the Fire Chief a
list of the current officials of the Union, as well as the names of any other persons who
are authorized to officially represent the Union in its dealings with the City. No more
than eight(8) authorized representatives of the Union shall be City employees. (TA)
2.3.1 AccessAn authorized representative of the Union shall have the right to contact
an individual employee represented by the Union in a City facility during the
employee's work hours on matters concerning wages, hours, and other conditions
of employment. Prior to entering the employee's work location, the authorized
representative shall provide reasonable notice to the employee's immediate
supervisor and shall attempt to arrange contact times, coinciding with an
employee's lunch period or after 1700 hours and prior to 0800 hours. An
employee's immediate supervisor shall have the right to make arrangements for a
contact location and/or contact time that is the least disruptive to departmental
operations and the employee's work assignments.
Page 2
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
employee shall perform Union responsibilities on off-duty time, except that such
responsibilities may be performed during on-duty time when the activity does not
interfere with. Departmental operations as determined by the Fire Chief or
designee .
2.3.3 Release Time--The Fire Chief or designee may grant reasonable release time
without loss of time or pay to a Union authorized representative if, in the
representative's absence, the needs of the department can be reasonably met and
no added costs are incurred by the department as the result of granting the release
time to the Union representative.
2.4 Use of City Facilities, Equipment and Records--
2.4.1 Meeting Facilities-City and/or department facilities will be made available to
the Union for the purpose of meeting with. represented employees, provided that a
Union officer makes a written request to the Fire Chief or designee generally 2-
calendar days in advance of the meeting.
2.4.1.1 Exceptions-Exceptions to this 2-day notification requirement are in cases
of an emergency, in which case the request can be made verbally if
followed in writing. In addition, the 2-day limit will not be required in
cases of unforeseen circumstances.
2.4.1.2 Denial and Prohibitions-Use of City and/or department facilities will
only be denied in case of a conflict where prior usage was scheduled for
the facility. Except during the lunch period, meetings of Union
representatives and represented employees shall not be permitted during
0800 hours through 1700 hours.
2.4.2 Bulletin Boards-The City will furnish adequate space for bulletin boards to be
placed at reasonable locations for the exclusive use of the Union. The Union
agrees to post nothing of a discreditory nature about the City or its employees or
that may be offensive to members of the general public and other visitors to the
fire stations. The Union shall be responsible for maintaining bulletin boards
exclusively used by the Union in an orderly condition and shall promptly remove
outdated materials.
2.4.3 Union Reading Files-The Union shall be allowed to maintain a Union reading
file at each represented employee work location. The Union reading file shall. be
used for the purpose of distributing material and information, such as recent
developments in employee grievances and other controversial issues that are not
suitable for posting on bulletin boards accessible to the general public and visitors
to the fire stations.
2.4.4 Use of Department Equipment, Supplies, and Services-The department shall
allow the Union to locate Union file cabinets at any Fire Station provided it is in a
location that is least disruptive to day-to-day operations as determined by the Fire
Chief or designee. The Union may use a desk at the Central Fire Station provided
that the department's needs do not preclude the use of the desk. The Union may
be allowed to use the department's copy machines, telephones, computer
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Page 3
equipment, and supplies provided that the Union reimburses the department for
the cost of such use.
2.4.5 Access to City Records-The Union shall have reasonable access to all public
records of the City, as required by law. Access to departmental records, except
individual personnel records, shall be granted at the sole discretion of the City
employee responsible for the maintenance of such records. Nothing contained
herein shall compel any employee to allow a Union representative access to any
files or records. Union representatives may be granted access to non-confidential
departmental records, provided that the Union gives the City employee
responsible for such records a prior request stating the nature of the information
desired, the purpose for which the information will be used, and the time the
representative desires access to the records.
2.4.6 Access to Personnel File-The Union may review a union employee's
confidential personnel file, only if the employee signs a written consent form
granting the Union access to the file.
2.5 Copies of Memorandarm of Understanding-The City and the Union shall share the cost
of printing sufficient copies of the MOU for all current and new bargaining unit and
management employees.
Article ~. lr on-discrimination
This agreement affords that no person shall in any way be favored or discriminated against to the
extent prohibited by law because of age, sex, sexual orientation, race, religion, ethnic or national
origin, physical and mental disability, political or religious opinions, or affiliations to the extent
to which a person chooses to engage or not engage in Union activities.
Article 4. ages and Compensation
4.1 Wages- There will be a two (2) percent across-the-board base salary increase effective
July 1, 2010.
4.2 Payment of Compensation-Each employee shall be compensated on a biweekly basis.
Payment will normally be made on the Thursday immediately following the conclusion
of a City payperiod. A City payperiod consists of 14-calendar days and begins on a
Friday, which is the first day of a payperiod and ends on a Thursday, which is the last day
of a payperiod. Employees who are in continuous paid regular status for a partial
payperiod shall receive prorated compensation for the payperiod at the rate of 1/112th of
the employee's actual biweekly rate of pay for each hour of the payperiod that the
employee was on continuous paid regular status.
4.2.1 Continuous Paid Regular Service-An employee who is on continuous paid
regular service with the City in a classification covered by this agreement shall be
in the unit. Continuous paid regular service excludes all unpaid leaves of absence
Page 4
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
of an employee and excludes all time an employee is not in a full-time regular
employment status with the City.
4.3 Time-in-Step-Each employee shall complete the following time at each step of the
salary schedule applicable to the employee's classification prior to advancing to the next
step in the salary schedule.
Schedule Step Criteria
Entry .......... From date of hire to the completion of basic Firefighter academy.
1 ................. After completion of academy to completion of probation.
2 ................. After completing another full year
3 ................. After completing another full year
4 ................. After completing another full year
5 ................. After completing another full year
Article 5. Special Compensation
5.1 Temporary Fire Captain Compensation-Employees in a classification below the level
of Fire Captain, who are assigned to perform the duties of a Fire Captain for a period of
onefull hour or more, shall receive added compensation for all time served. This
compensation shall be at the hourly rate of pay the employee would otherwise qualify
were the employee promoted to the classification, which is Step 4 of the Fire Captain
salary schedule. An employee in a classification below the level of Fire Captain who is
assigned to perform those duties for a period of time less than 4-full hours shall not
receive additional compensation for any of the time spent in performing such duties.
5.2 Temporary Battalion Chief Compensation-Employees in the classification of Fire
Captain who are assigned to perform the duties of a Battalion Chief for a period of one
full hour or more shall receive added compensation for all time served. This
compensation shall be for all time served at the rate of 5% above the employee's base
hourly rate of pay or at the hourly rate of pay for which the employee would qualify,
were the employee promoted to the classification of Battalion Chief, whichever is
greater. An employee in the classification of Fire Captain who is assigned to perform the
duties of Battalion Chief for a period of less than 4-full hours shall not receive additional
compensation for any of the time spent in performing such duties.
5.3 Temporary Engineer Compensation-Employees in the classification of Firefighter or
Paramedic/Firefighter who are assigned to engineer duties for a period of one full hour or
more shall receive added compensation. This compensation shall be for all time served at
the rate of 5% above the employee's base hourly rate of pay or at the hourly rate of pay
for which the employee would qualify were the employee given the engineer special
assignment. An employee who is assigned to perform the duties of Engineer for a period
of less than one-full hour shall not receive additional compensation for any of the time
spent in performing such duties.
5.4 Temporary Safety Inspector Assignment-Employees in the classification of Firefighter,
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Page 5
Paramedic/Firefighter, or Fire Apparatus Engineer who are assigned to temporary Safety
Inspector duties shall receive added compensation.
5.5 Emergency Medical Technician I Fire Service (EMT I FS) Instructor Assignment
CompensationEmployees in the classification of Paramedic/Firefighter who are
assigned to perform the duties of an EMT I FS Instructor shall receive an additional 5%
compensation above the employee's base hourly rate of pay, including incentives.
5.6 Emergency Medical Technician (EMT) Certification-Employees who maintain an
Emergency Medical Technician certification will receive 2.5% above their base hourly
rate of pay for which the employee otherwise qualifies. Such certification is mandatory
for each employee hired after 6/30/01.
5.6.1 Mandatory EMT Certification-All employees hired into fire suppression
positions after 6/30/01 must maintain EMT certification. The City will continue
to provide training and remedial training to maintain recertification.
5.7 Paramedic Preceptor Compensation-Employees in the position of
Paramedic/Firefighter who meet the minimum State of California requirements for field
preceptor (California Code of Regulations, Title 22, Section 100149e) shall receive
monetary compensation for each hour served as a Paramedic Field Preceptor. The
amount of compensation shall be equal to 5% of the employee's base hourly rate of pay.
5.8 Promotion to Captain-Employees promoted to Fire Captain shall be placed at Step 4 of
the established Fire Captain salary schedule.
5.9 Promotion to Fire Apparatus EngineerEffective 2/1/02, Fire Apparatus Engineer shall
be considered a classification, not an assignment, and all current Fire Apparatus
Engineers and future Fire Apparatus Engineers shall be considered part of this
classification. Employees in this classification shall receive an additional 5% above the
employee's base hourly rate of pay, including incentives.
5.9.1 Promotion to Fire Apparatus Engineer The selection process for the
classification of Fire Apparatus Engineer will be based on seniority and having
completed driver's training qualifying them to serve as a Fire Apparatus
Engineer. Those employees who promoted to Fire Apparatus Engineer on or after
2/ 1 /02 shall serve the following probationary periods.
5.9.1.1 Six-month Probationary Period-Employees with an original Personnel
Action Form processed for Acting Engineer of 3 or more years from the
date of regular appointment to Fire Apparatus Engineer shall serve a
probationary period of 6 months.
5.9.1.2 Twelve-month Probationary Period-Employees with an original
Personnel Action Form processed for Acting Engineer of less than 3 years
from the date of regular appointment to Fire Apparatus Engineer shall
serve a probationary period of 12 months.
5.9.2 Fire Apparatus Engineer Base Pay-A Paramedic/Firefighter who promotes to a
Fire Apparatus Engineer shall be y-rated at the same base pay as the individual
received as a Paramedic/Firefighter so that the promotion does not cause a
decrease in the individual's base pay. The Y-rated level of base pay for the new
Fire Apparatus Engineer shall cease once the individual's pay step in the fire
Page 6
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July l , 2009 through June 30, 2011
Apparatus Engineers salary range would equal or exceed the individual's y-rated
amount."
5.10 Service Incentive Rate-An employee who has completed 7 years of full-time regular
employment is eligible and shall be compensated for the service incentive rate of an
additional 2.5% above the employee's base hourly rate of pay.
5.11 Education Incentive Rate-
5.11.1 Education Incentive for Fire Suppression-An employee who has completed 3
years of full-time regular employment and who has any one of the following shall
receive 5% above the employee's actual base hourly rate of pay.
5.11.1.1 Applicable Programs/Courses-Any one of the following
programs/courses may apply for this education incentive program:
5.11..1.1.1 Associate Degree-An Associate of Arts or an Associate of
Science degree in Fire Science, Fire Technology.
5.11.1.1.2 Bachelor's Degree-A Bachelor of Arts degree in Public
Administration or Management.
5.11.1.1.3 Accredited Units-~0 accredited Units in Fire Science that
are not specifically excluded in 5.10.1.2. or any other courses
that can be applied towards obtaining a Bachelor's degree in
Management, Business Administration, or Public
Administration. Fire Science Units are defined as but not
limited to: "All core and. elective fire science classes as
listed in the curriculum of any accredited college; all Fire
Officer, Chief Officer, or any other classes offered through
an accredited Fire Science program that can be used as an
elective."
5.11.1.2 Non-applicable Coursework---None of the following courses can be
applied towards the educational incentive program:
• Any Firefighter I courses.
• Emergency Medical Technician Certification.
• Paramedic Training.
• Any course attended while on duty.
• Any course attended off duty for which the department paid the
tuition or paid the employee overtime.
5.11.1.3 Coursework Documentation--Documentation for the approved courses
shall be in the form of official transcripts mailed to the department from
the school where the courses are accredited. The employee shall also
provide the department with documentation from an accredited college
indicating that the courses taken can be applied towards a Bachelor's of
Arts in Management, or Public Administration or an Associate of Arts in
Fire Science or Fire Technology.
5.11.2 Education Incentive for Non-assignment Safety Inspectors-An employee who
has completed 3 years of full-time regular employment in the Fire Department
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Page 7
and who has any one of the following shall receive 5% above the employee's
actual base hourly rate of pay.
5.11.2.1 Safety Inspectors Hired Prior to 11/29/01-Those employees in a safety
inspector classification as of l 1/28/01 will receive Education Incentive
based on the same criteria for fire suppression employees, as identified
above.
5.11.2.2 Safety Inspectors Hired 11/29/01 or Later-Those employees hired into
a safety inspector classification as of 11/28/01 or later will receive
Education Incentive as identified below.
5.11.2.3 Applicable Programs/Courses-Any one of the following
programs/courses may apply for this education incentive program:
5.11.2.3.1 Associate Degree-An Associate of Arts or an Associate of
Science degree in Fire Science, Fire Technology, Building
Technology, or
5.11.2.3.2 Bachelor's Degree-A Bachelor of Arts degree in Business
Administration, Public Administration, Management, or
5.11.2.3.3 Accredited Units-40 accredited Units in Fire Science or
other courses that can be applied towards obtaining a
Bachelor's degree in Vocational Education, Management,
Business Administration, Public Administration, or Building
Technology.
5.11.2.4 Applicable Coursework for Safety Inspector Classification-None of
the following courses can be applied towards the educational incentive
program:
• Any Firefighter I courses.
• Emergency Medical Technician Certification.
• Paramedic Training.
• Any course attended while on duty.
• Any course attended off duty for which the department paid the
tuition or paid the employee overtime.
5.11.2.5 Coursework Documentation-Documentation for the approved courses
shall be in the form of official transcripts mailed to the department from
the school where the courses are accredited. The employee shall also
provide the department with documentation from an accredited college
indicating that the courses taken can be applied towards a Bachelor's of
Arts in Management, Business Administration, or Public
Administration or an Associate of Arts in Building Technology, Fire
Science, or Fire Technology.
5.12 Bilingual Incentive Rate-
5.12.1 Testing and Compensation-An employee who has tested, using the City's
standard bilingual testing procedures, and demonstrated proficiency in speaking a
second language, shall be compensated at a rate 2.5% higher than the employee's
actual base hourly rate of pay. Such compensation shall commence the next
Page 8
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
payperiod after the employee has passed a qualifying examination, as determined
by the City, demonstrating proficiency in the language.
5.12.2 Eligibility-To be eligible to participate in this program, employees must speak a
second language used by a segment of South San Francisco population. Once an
employee qualifies as speaking a second language the employee will receive
bilingual pay, even if the population changes and a significant segment no longer
speaks the language.
5.12.3 Language Determination-Languages that are spoken in South San Francisco
shall be determined by reviewing the demographic data from the local school
district.
5.12.4 Current Languages in Effect-The following languages shall qualify for an
employee to receive the bilingual incentive pay.
• Spanish.
• Tagalog.
• American Sign Language.
Article ~. Assignments and 4~-hour Classifications
6.1 Assignments and Classifications-Some positions in the unit will be either a special
assignment or a permanent position with a 40-hour workweek schedule as identified in
Appendix A.
6.2 Salary-The salary range for 40-hour positions includes all unit incentives, except the
Bilingual Incentive. Employees in 40-hour positions are eligible for the Bilingual
Incentive, only when proficiency has been demonstrated as designated in this agreement.
6.3 Assignment Positions Shift Overtime-Shift overtime will be paid at the 56-hour rate for
the classification the employee was in prior to being assigned EMS Captain or Safety
Inspector II duties.
6.4 Leave Accrual-Employees in this group will have all leaves accrue at the 40-hour rate
and will use them on an hour-for-hour basis.
6.5 Leaves Accrued and Taken-Leaves are accrued per payperiod as follows, which may be
used as provided in the relevant sections of this agreement:
6.5.1 Holidays-There are thirteen holidays per year, which will be considered paid
time off.
6.5.2 Bereavement Leave-24 hours per qualifying event if the funeral is within the
State of California and 40 hours if the funeral is outside the State of California.
6.5.3 Medical Appointment Leave-This leave is not charged to Sick Leave for the first
8 hours of use. All other time used for this purpose will be charged to Sick
Leave.
6.5.4 Sick Leave-Accrues at 3.69 hours per payperiod and will be charged on an hour-
for-hour basis when used.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 20I 1
Page 9
6.5.5 Compensatory Time-An employee in a 40-hour position may, at the employee's
option or the City's option, receive pay for overtime hours worked or may
accumulate compensatory time as allowed by law up to a maximum of 70 hours in
lieu of pay for said overtime.
6.5.5.1 Shift Overtime-Compensatory time is not available in lieu of overtime
pay when working a 24-hour shift.
6.5.5.2 Taking Compensatory Time-The overtime hours worked may be taken as
compensatory time off provided anyone wishing to exercise this option
must give 3 days notice of the desire for such time off and the time off
must be taken under such conditions as will not interfere with the
minimum staffing and continued. functioning of the division.
6.5.6 Flexible Work Schedules-Upon approval of the Fire Chief, an employee in a 40-
hour position may work a flexible work schedule that provides for a starting time
or ending time other than the normal workday provided that the schedule does not
exceed 80 hours in a payperiod.
6.5.7 Vacation Leave-This leave will accrue, based on the 40-hour workweek rate of:
Accrual Rate Biweekly Annually
1St through 4th year .......................... 3.08 hours ..... .. 80 hours.
5th through 10th year ........................ 4.62 hours..... 120 hours.
11th through 14th year ...................... 6.16 hours..... 160 hours.
15th through 24th year ...................... 7.69 hours ..... 200 hours.
25th and succeeding years ............... 9.23 hours..... 240 hours.
Article ~. V niforms
7.1 Uniforms-Employees are eligible for reimbursement or payment to a vendor permitted
by the City for approved uniform items. This reimbursement or payment will be for the
purchase price when the employee presents a proper claim, itemized receipt, and upon
verification by the employee's immediate supervisor that the items have been received.
Employees may use the uniform allowance for reimbursement for uniform cleaning,
when done by a licensed cleaning establishment. Clothing and cleaning receipts,
including shipping charges, are to be submitted according to department policy, with
reimbursement following thereafter.
7.2 Eligibility-The uniform allowance commences the second year of employment within
the department. After the first year of employment is completed, the employee will
receive the second-year's uniform allowance on a prorated basis through the end of the
fiscal year. Thereafter, the employee will be eligible for the uniform allowance at the
beginning of each fiscal year. .
7.3 Leather Helmet-After the completion of probation and upon the employee's request, the
City will purchase for the employee a leather helmet (less the cost of the department
issue helmet). The employee's cost of the leather helmet will be reimbursed to the City
from the employee's uniform allowance in two equal payments over a 2-year period. The
Page 10
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
leather helmet becomes the property of the employee. If an employee separates from the
department within three years from the date of issue, the employee may buy out the
City's share. If the employee elects to not purchase the helmet, it shall be returned to the
City.
7.4 Allowance Amounts-Reimbursement rates effective 7/ 1 /00 for the uniform allowance
will be $600 per fiscal year.
Article 8. Benefits
8.1 Insurance Benefits-Employees shall be eligible to receive benefits as follows:
8.1.1 Medicallnsurance-
8.1.1.1 Available Plans-Subject to the terms and conditions of the City's
contracts with medical insurance carriers, employees shall be permitted
to select medical insurance coverage for themselves and their eligible
dependents from one of the following plans:
^ Kaiser Permanente
^ Blue Shield of California
8.1.1.2 Payment of Premium Costs-The City shall. pay the premium costs for
eligible employees and their dependents to the insurance provider for the
plan selected by each employee, in accordance with the terms and
conditions prescribed by the contract with the carrier.
8.1.1.2.1 Maximum Rate-The maximum City contribution to the
employee's medical premium shall be a rate equivalent to the
highest HMO family premium rate. in effect during the term
of this agreement. Employees who are enrolled in more
expensive plans offered through the City will pay any
additional cost over the HMO rate based on coverage size
(single, two, family).
8.1.1.3 Effective Dates of Coverage-The effective date of coverage for
medical insurance shall be the first day of the month following the
month of employee and dependent enrollment. Coverage shall terminate
on the last day of the month in which an employee separates from
employment. Dependent coverage shall terminate on the date prescribed
by each provider's contract for discontinuance of no-longer-eligible
dependents.
8.1.2 Dental Insurance-Subject to the terms and conditions of the City's dental plan
for the Firefighters Association, employees and dependents shall be provided
dental insurance as follows:
8.1.2.1 Effective Dates of Coverage-Coverage shall become effective on the first
day of the month following 6-full months of employment with the City.
Only employees appointed on the first day of any month, and who enroll
in the plan, are eligible for coverage after the first of the month following
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Page 11
8.2
8.3
6-full months of employment. Coverage shall terminate on the last day of
the month an employee separates from City employment.
8.1.2.2 Calendar Year Maximum-The available plan has a $1,500 per year
participant limit.
8.1.2.3 Orthodontia-The lifetime orthodontia coverage benefit for each
employee's eligible dependent shall be $1,000.
8.1.2.4 Maximum Rate- The maximum City contribution to the employee's
dental premium shall be a rate equivalent to the base dental family
premium rate in effect during the term of this agreement. Employees who
are enrolled in more expensive plans offered through the City will pay any
additional cost over the base dental rate based on coverage size (single,
two, family).
8.1.3 Vision Insurance-Subject to the terms and conditions of the City's vision plan,
employees and dependents shall be provided vision insurance, with no premium
costs to employees.
8.1.3.1 Effective Dates of Coverage-Coverage shall become effective on the first
day of the month following enrollment and shall terminate on the last day
of the month an employee separates from City employment.
8.1.3.2 Plan-The vision plan is Vision Service Plan B with a $10.00 copay.
Discretionary Benefit Option-Employees who can demonstrate to the City's satisfaction
that they have medical coverage elsewhere, may elect to have the City pay $550 per
month into the employee's deferred compensation account.
8.2.1 Proof of Alternate Insurance-An employee must provide proof of an alternate
insurance in order to be eligible for this program. Health and welfare benefits are
defined to be a combination of medical, dental, and vision. insurance premiums.
8.2.2 Exercising the Option-Employees wishing to exercise this option may do so by
submitting a completed Discretionary Benefit Option form to the Human
Resources Department. Employees may change the discretionary benefit option
once each year during the open enrollment period for medical plans, or at another
time during the year provided the employee can demonstrate to the City's
satisfaction abona-fide need.
Long-term Disability Insurance-All bargaining unit members shall pay for and
maintain long-term disability insurance coverage with the California Association of
Professional Firefighters or any other approved carrier, subject to the terms and
conditions of the City of South San Francisco Firefighter Association's contract with this
provider. This long-term disability insurance plan provides up to 77% of the actual
salary of an employee who qualifies for such payments.
8.3.1 City Notification-The Association agrees that the long-term disability benefit
provider will inform the City when an employee begins receiving long-term
disability insurance benefits and when the benefits end.
8.3.2 Effective Date-Long-term disability coverage becomes effective the first day of
the month following enrollment and terminates on the day an employee separates
from City employment.
Page 12
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
8.3.3 Plan Payment-The City shall provide an amount equivalent to the plan's costs,
but no more than $25.00 per month per unit member to pay and maintain their
long-term disability insurance. This amount will be given to the Firefighters'
Association on behalf of each bargaining unit member for the long-term disability
coverage, with that amount included on each employee's W-2 tax statements.
8.4 Section 125 Plan-Subject to the terms and conditions of the IRS and related regulations,
employees may participate in the City's Section 125 Plan, which consists of a Dependent
Care Program and an Unreimbursed Medical Program. The City's Third-Party
Administrator oversees the Section 125 Plan and has the final authority on Plan
8.5
8.6
requirements.
8.4.1 Premium Contribution-Participants may pay premium contributions for
employee and/or dependent coverage under the City's health care coverage plan(s)
on a pre-tax basis.
8.4.2 Dependent Care Plan-Participants may pay dependent care costs on a pre-tax
basis, up to $5,000 per year, for the fees of a licensed child-care provider.
8.4.3 Unreimbursed Medical Expense Plan-Participants may pay for approved
medical costs on a pre-tax basis that are not paid by the employee's health care
provider, up to $2,000 per year ($3,000 effective January 1, 2010).
Deferred Compensation-Employees are eligible to participate in the Deferred
Compensation Plans available to the City, subject to the terms and conditions of each
plan and the IRS.
Retirement Benefits-
8.6.1 Retirement PlanRetirement benefits for employees shall be those established by
the Public Employees' Retirement System (PERS) for Local Safety Members.
8.6.2 Retirement Formula
8.6.2.1 3% at age SO-For all employees hired before the implementation of the
3% at age 55 formula, the City provides a retirement benefit at 3% at age 50
with one-year final compensation.
8.6.2.2 3 % at age 55-Effective no later than June 30,2010, new hires will be
provided a retirement benefit at 3% at age 55 with 3-year final compensation.
8.6.3 Optional Provisions Added-Optional Public Agency Provisions under the
retirement system shall also be provided as follows.
8.6.3.1 The 1959 Survivor Allowance-As set forth in the Public Employees'
Retirement Law providing for third-tier benefits.
8.6.3.2 Half Continuance-As authorized in the contract between City and
PERS as provided by the Public Employees Retirement Law.
8.6.3.3 Sick Leave Service Credit-As provided by the Public Employees
Retirement Law.
8.6.3.4 Military Service Credit-Military Service Credit as public service as
provided by the Public Employees Retirement Law.
8.6.3.5 Pre-retirement Optional Settlement 2 Death Benefit-Effective
1 / 17/2003 and as provided for in the Public Employees Retirement Law.
Memorandum of Understanding between the
City of South San Francisco and. the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Page 13
8.6.4 City Contribution to Retirement System-The City shall pay the rate prescribed
by the Public Employees' Retirement System for employer contributions in
accordance with the rules and regulations governing such contributions.
8.6.5 Employee Contribution to Retirement System-Employees will pay the employee
portion to the Public Employees' Retirement System in accordance with the rules
and regulations governing such contributions.
8.7 Sick Leave at Separation-
8.7.1 Payment of Unused Accumulated Sick Leave Accrued after I 1 /14/85-Upon
death, full service retirement, or disability retirement, an employee shall be paid
for half of the accrued sick leave at the time of the qualifying event. Payment of
unused sick leave hours shall be made at the employee's actual hourly rate of pay.
Such right to payment is deemed a property right and shall not be taken from the
employee without mutually agreed-upon compensation.
8.7.2 Sick Leave Cap-No employee shall receive payment for any recorded hours in
excess of the 1,680 hours cap, with the maximum payable of 840 hours. Except
those employees who have in excess of the 1680-hour cap as of 1/1/89 will have
whatever accrued but unused hours earned as of that date become their cap.
Those employees who are below the 1680-hour cap effective 1/1/89 may accrue
up to the cap with the City paying half upon retirement or death, with the
maximum payable shall be 840 hours.
8.7.3 PERS Service Credit-In addition to receiving a cash payoff for accumulated sick
leave upon retirement as described above, an employee may apply all remaining
sick leave hours as credit towards retirement through the Public Employees'
Retirement System. The employee may also, upon death, full service retirement,
or a disability retirement, elect to not receive any cash payment and instead apply
all of the accrued sick leave towards Sick Leave Service Credit for a PERS
retirement.
8.8 Retired Employee Health Benefits-
8.8.1 Group Medical Insurance for Qualifying Retirees-An employee who was hired
prior to the adoption. of an alternate retiree medical plan for all City bargaining
units similar to the plan described in Section 8.8.2. may elect to continue his or
her City sponsored medical insurance if the employee is enrolled in the City's
group medical plan and retires concurrently with Ca1PERS and the City. In order
to be eligible for this benefit, the employee must have five years of continuous
City employment at the time of his or her retirement. The monthly premium that
the City will make for retiree medical insurance pursuant to this provision equals
the monthly monetary contribution that the City makes for single retiree medical
HMO coverage. Retirees will be required to pay any additional costs in order to
receive retiree medical benefits. An eligible retiree may also elect to continue
dependent coverage provided that the retiree bears the full premium costs for any
eligible dependents. A retiree must continually receive a CaIPERS retirement
allowance in order to remain eligible to receive retiree medical insurance
contributions. Any retiree that un-retires from CaIPERS and returns to active
Page 14
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
service with a CaIPERS covered agency will permanently forfeit their eligibility
for retiree medical benefits pursuant to this provision.
8.8.2 Medical After Retirement Account-An employee who was hired after the
adoption of an alternate retiree medical plan for all City bargaining units will not
be eligible to participate in the Retiree Medical Insurance program described in
8.8.1. Instead, City shall make a contribution equal to one and one-half percent
(1.5%) of such an employee's base salary toward a medical after retirement
account (VEBA, or similar vehicle such as RHS plan).
8.8.3 Group Dental Insurance for Qualifying Retirees-An employee may elect to
continue his or her City sponsored dental insurance if the employee is enrolled in
the City's group dental plan and retires concurrently with Ca1PERS and the City.
In order to be eligible for this benefit, the employee must have five years of
continuous City employment at the time of his or her retirement. The retiree bears
the full premium costs for himself/herself and any eligible dependents and will be
completely responsible for these payments and for continuing dental coverage.
8.8.4 Group Vision Insurance for Qualifying Retirees-An employee may elect to
continue his or her City sponsored vision insurance if the employee is enrolled
in the City's group vision plan and retires concurrently with CaIPERS and the
City. In order to be eligible for this benefit, the employee must have five years of
continuous City employment at the time of his or her retirement. The retiree bears
the full premium costs for himself/herself and any eligible dependents and will. be
completely responsible for these payments and for continuing vision coverage.
8.8.5 Surviving Spouse Coverage-The City will allow the spouse of a deceased
employee/retiree to purchase medical insurance from aCity-provided medical
plan at the City's premium rate provided all of the following conditions are met:
the employee/retiree must be enrolled in the health plan prior to death; there is no
cost to the City; the provider does not require a City contribution; and the City is
held harmless if the coverage is discontinued
8.9 Medical Insurance for Spouse after Employee or Retiree Death-A retired
employee's spouse shall be provided with 2 months of medical insurance coverage at
the City's expense upon a retiree's death. The City shall provide up to one year of
City-paid medical coverage to the spouse of an active employee who dies.
8.10 Retirement Health Savings (RHS) Plan-IAFF Local 1507 member employees may
participate in the RHS Plan to the extent permitted under the existing RHS Plan policy.
Article 7. ~ork -Jchedules and Hours of ~ork
9.1 Normal Hours of Work-Employees shall work a normal schedule that includes shifts
arranged into tours of duty within a specified schedule, resulting in an average of 56
hours of on-duty time per week over a period of a year. The schedule defines the normal
work schedule and hours of work for employees and is not a guarantee of hours or shifts
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Page 15
of work.
9.1.1 On-duty Shift Defined-An on-duty shift shall be 24-consecutive hours of time
worked beginning at 0800 hours on a calendar day and ending at 0800 hours the
following calendar day. An on-duty shift is signified by the symbol "X".
9.1.2 Off-duty Shift Defined-An off-duty shift shall be 24-consecutive hours of time
off beginning at 0800 hours of a calendar day and ending at 0800 hours the
following calendar day. An off-duty shift is signified by the symbol "O".
9.1.3 Tour-of--Duty Defined-A Tour-of-Duty is a sequence of on-duty and off-duty
shifts patterned as defined in 9.1.4.
9.1.4 Shift Schedule Defined-A shift schedule shall be a series of tours of duty, with 3
different shift schedules.
. The 2/4 Work Schedule has workweeks and tours of duty. There are 3 different
work shifts in a 24-day cycle as follows:
A ShiftXXOOO0XXOOO0XXOOO0XXOOOO
B Shift OOOOXXOOOOXXOOOOXXOOOOXX
C Shift OOXXOOOOXXOOOOXXOOOOXXOO
9.1.5 Rest Periods--During normal on-duty shifts, one rest period shall be permitted
between 0800 hours and 1200 hours and one between 1300 hours and 1700 hours,
provided that such rest periods do not interfere with effective operations.
9.1.6 Time for Reporting for On-duty Shifts--Employees must report for work for their
scheduled on-duty shift no later than 0800 hours.
9.1.7 Departure of Employees from On-duty Shifts-Employees shall not depart from
their on-duty shift and station until properly relieved. Exceptions and approval. by
on-duty Battalion Chief for family emergency or sudden onset of injury or illness.
9.2 Overtime-
9.2.1 Overtime Defined-Overtime is ordered and authorized work in excess of an
employee's normal work schedule and work hours as defined in this section or as
defined in the Fair Labor Standards Act for hours in excess of the regular work
period, whichever provides the higher benefit. The City will credit all paid leave
as hours worked for the purposes of overtime.
9.2.2 Overtime Records-Records of overtime worked shall be maintained in
accordance with procedures established by the Fire Chief.
9.2.3 Minimum Overtime-Except in instances when an employee is unable to depart
from an on-duty shift and station because the employee has not been properly
relieved, no form of overtime payment shall be made where time worked prior to
the beginning of a shift or following completion of a shift is less than 12-minutes
in duration.
9.2.4 Overtime Compensation Rates-
9.2.4.1 Compensation Rate-Employees shall be compensated for all overtime
hours worked at the rate of 1.5 times the employee's actual hourly rate of
pay.
9.2.4.2 Hold-over Overtime compensation for an employee held over past the
end of an on-duty shift shall conclude immediately upon the employee
Page 16
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
being properly relieved or upon the commencement of the employee's
next regularly scheduled on-duty shift, whichever occurs first.
9.2.4.3 Non-emergency Call-in-Overtime compensation shall commence at the
time the employee reports for duty and shall conclude at the time the
employee is released from duty or upon the commencement of the
employee's next regularly scheduled on-duty shift, whichever occurs first.
Overtime for the purpose of minimum staffing will be considered as non-
emergency.
9.2.4.4 Emergency Call-in-Employees who respond to an emergency call-in that
is not immediately preceding or following the employee's own regularly
scheduled on-duty shift shall receive a minimum of 4-hours compensation
for the response.
9.2.4.5 Court Time Minimum-Employees who are required, as part of their duty
to report to court for purposes directly related to their job, shall be
compensated a minimum of 4 hours for the response.
9.2.5 FLSA Overtime Compensation-Effective the payperiod including 3/1/02, the
City will modify the payment of FLSA overtime compensation. Compensation
will be received in the payperiod in which it is earned for all hours in a paid
status.
9.2.6 Exclusion of Trade Time-Department permission for an employee to trade on-
duty shift time with another employee shall not be construed as an approved
alteration of an employee's normal work schedule or hours of work. Nor shall
such department permitted trades of on-duty shift time between employees be
construed as ordered and authorized work in excess of an employee's normal
work schedule and hours of work for the purposes of establishing eligibility for
overtime compensation of any kind.
Article ~ ~. Holidays
1.0.1 Holiday Compensation-In lieu of paid time off, compensation for holidays shall be as
follows:
10.1.1 Full-day Holidays-Employees shall. receive an additional 10.7% of the
employee's actual biweekly rate of pay for each payperiod in which the following
holidays occur:
January 1st ......................................... New Year's Day
Third Monday in January ..................
Third Monday in February ................
Last Monday in May ..........................
July 4th ..............................................
First Monday in September ...............
Second Monday in October ...............
Martin Luther King Birthday
Washington's Birthday Observed
Memorial Day Observed
Independence Day
Labor Day
Columbus Day Observed
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Page 17
November 11 `" .................................. Veterans' Day
Fourth Thursday in November .......... Thanksgiving Day
Fourth Friday in November ............... Day following Thanksgiving
December 25t" ................................... Christmas Day
10.1.2 Half-day Holidays-Employees shall receive an additional 5.35% of the
employee's actual biweekly rate of pay for each payperiod in which the following
holidays occur:
December 24t" .................................... Christmas Eve Day
December 31st .................................... New Year's Eve Day
10.1.3 Discretionary Holiday-Employees shall receive an additional 10.7% of the
employee's actual biweekly rate of pay for the payperiod selected by the
employee for receipt of the employee's discretionary holiday compensation. In
the event that an employee does not select a payperiod by the payperiod prior to
the last payperiod of each calendar year to receive the discretionary holiday
compensation, the employee shall forfeit this benefit that calendar year.
Employees hired on or after the payperiod prior to the last payperiod of each
calendar year shall not be eligible for the discretionary holiday compensation for
the remainder of that calendar year.
10.1.4 Holiday Compensation for Employees on Industrial Injury or Illness Leave-An
employee receiving compensation pursuant to the provisions of Section 4850 of
the Labor Code shall receive the same holiday compensation as the employee
would have received had the employee worked a normal on-duty shift time.
10.1.5 Holiday Compensation for Employees on Non-industrial Sick Leave or Family
Care Leave-Unless the employee actually worked the holiday, an employee who
is scheduled to work on the day immediately preceding an actual holiday, on the
actual day of a holiday, and/or on the day immediately following an actual
holiday and who does not report for duty as scheduled due to personal injury or
illness or due to a family care leave absence shall submit verification or
certification as is satisfactory to the Fire Chief or designee prior to receiving
compensation for the holiday.
10.1.6 Employees Not Eligible for Holiday Compensation-A new employee who is not
on full-time regular paid status for the entire payperiod in which a holiday occurs
shall not be eligible for holiday compensation during that payperiod. An
employee receiving long-term disability benefits shall not be eligible for holiday
compensation.
Article ~ ~. Paid eaves
11.1 Vacation-Employees shall earn and be granted vacation leave.
1 l.l.l Vacation Accrual Rates-Employees shall accrue vacation hours in accordance
with the following schedule:
Page 18
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Accrual Rate Biweekly Annual
1 S` to 4`" years .......................... 5.54 hours ...... 144 hours.
St" to 10`" years ....................... 8.31 hours ......216 hours.
11 `" to 14t" years ..................... 11.08 hours ......288 hours.
15t" to 24t" years ..................... 13.85 hours ......360 hours.
25t" and succeeding years ....... 16.62 hours ......432 hours.
11.2
11.1.2 Vacation Selection
11.1.2.1 Shift Vacation-Each employee shall select vacation in not less than 24-
hour periods or multiple consecutive 24-hour periods by order of
seniority within the department. Such selections are to be made within
each shift schedule. After all employees have had the opportunity to
select vacation time, those employees who have scheduled at least 144
hours of vacation during the calendar year will be allowed an additional
two picks of 12-hour vacation periods each.
11.1.2.2 Vacation Staffing-No more than 2 IAFF unit employees per shift may
be on vacation on any working day. However, 4 employees may be off
on vacation per shift if the fire suppression staffing is above 20, or if it
does not cause overtime, provided the employee requesting vacation
calls before 7:45 a.m. to verify the staffing level.
11.1.2.3 Unscheduled Vacation Selection-Within the constraints of above,
unscheduled vacation may be requested on a first-come basis up to one
shift before the vacation would start. Ties are broken by seniority.
11.1.3 Vacation Buy-back-Employees who have scheduled and taken a minimum of
144 hours of vacation during each calendar year shall be permitted to receive the
cash value of up to 72 hours of unused but accrued vacation. The cash value shall
be determined by multiplying the hours to be paid by the employee's actual
hourly rate of pay.
11.1.4 Vacation Accumulation-Employees may not accumulate more than 2 times their
annual accrual amount of vacation hours. Vacation hours exceeding the
maximum allowed shall automatically be credited for payment and paid once a
year in the first payperiod of January.
11.1.5 Vacation Compensation Payout Upon Separation-An employee who retires or
separates from City employment and who has accrued unused vacation time on
record shall be compensated at the employee's actual hourly rate of pay for all
accumulated hours.
Sick Leave/Non-industrial Injury Illness Leave-
11.2.1 DefinitionAn employee who is temporarily and/or partially disabled from
performing the full scope of the usual and customary duties of the classification as
the result of an injury or illness that is not industrially caused shall be eligible to
receive sick leave without loss of salary or benefits within the limits set forth
below.
11.2.2 Amount of Sick Leave-Employees will accrue 12 hours of sick leave per month
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Page 19
of employment, which may be accumulated without limit.
11.2.2.1 Sick Leave Amounts Used for Employees Hired 1/7/97 or Earlier-
Employees hired prior to 1/7/97 or earlier will be charged at the rate of
11.2 hours of leave per 24-hour shift until all hours accrued at the 11.2
rate have been depleted. After each employee uses the hours accrued at
the rate of 11.2 hours per month, that employee will then be charged
hour-for-hour (e.g. 24 hours for each 24-hour shift) for all use of sick
leave.
11.2.2.2 Sick Leave Amounts Used for Employees Hired 1/8/97 or Later-
Employees hired on or after 1/8/97 will be charged hour-for-hour when
using sick leave (e.g. 24 hours of leave charged for each 24-hour shift).
11.2.3 Sick Leave Request-Employees shall complete and submit a request for paid sick
leave for each occurrence of sick leave in accordance with the policies and
procedures established by the Fire Chief.
11.2.4 Approval of Sick Leave Request-The Fire Chief or designee shall review all sick
leave requests and, if approved, the request shall be granted. The Fire Chief or
designee shall not unreasonably withhold approval of an employee's sick leave
request.
11.2.5 Verification of Injury or Illness-
11.2.5.1 Usual Verification-An employee requesting paid sick leave shall
provide reasonable verification of the illness or injury, usually in the
form of the employee's personal affidavit of injury or illness.
11.2.5.2 Doctor or Nurse Practitioner's Verification-The Fire Chief or
designee may require a verification prepared and signed by a medical
doctor, physician's assistant, or nurse practitioner, stating that the
employee was unable to perform his or her regular duties and that the
employee is able to perform the full scope of the normal and customary
duties of the classification. This verification shall be required when an
employee is absent due to illness or injury for a period of 3-consecutive
shifts. In addition, the Fire Chief may require a medical verification any
time there is a reasonable basis to believe that an individual employee
has abused the leave. Such medical verification requests shall not be
unreasonably imposed.
11.2.6 Prohibition from Engaging in Outside Occupation-An employee who is absent
from duty as the result of anon-industrial injury or illness and on paid sick leave
shall not perform duties in any occupation outside of the City service. This
requirement is intended to ensure that an absent employee is doing all that is
necessary to facilitate complete and swift recovery from the injury or illness
causing temporary and/or partial disability and absence from work.
11.2.7 Sick Leave Management Plan-The purpose of the sick leave management plan is
to provide a formal structure to correct excessive sick leave usage. Generally the
sick leave management plan will become operative when an employee fails to
respond to the supervisor's review and counseling. If circumstances are present
Page 20
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
that warrant immediate action, the supervisor, with the approval of the Fire Chief
or designee, may place an employee on a sick leave management plan in
conjunction with the review and counseling of the employee concerning leave
usage.
11.2.7.1 Sick Leave Threshold-
11.2.7.1.1 Employees Scheduled 56-hour Workweeks-Employees
working 24-hour shifts, who exceed 144 hours or exceed 4
occurrences of sick leave per calendar year, regardless of
whether the employee's leave is charged at 11.2 or 24 hours
per 24-hour shift, will be subject to a review of sick leave
usage.
11.2.7.1.2 Employees Scheduled 40-hour Workweeks-Employees
working 40-hour workweeks, who exceed 56 hours or 7
occurrences of sick leave per calendar year will be subject to
a review of sick leave usage.
11.2.7.2 Leave Monitoring-The Fire Chief or designee will monitor sick leave monthly.
Any pattern detected, which meets the threshold defined above, will be subject
to review.
11.2.7.3 Extenuating Circumstances-Under extenuating circumstances, such as serious
injury causing hospitalization, pregnancy/childbirth, or other serious illness or
injury, requiring an employee to be absent from work fore an extended period of
time, the sick leave review and management program may be suspended by the
Fire Chief or designee. The Fire Chief or designee shall determine those
circumstances under which further review is suspended.
11.2.7.4 Review and Counseling-An employee whose use of sick leave falls within the
criteria outlined above shall meet with the immediate supervisor to discuss the
reasons and/or causes of the leave usage. If it is determined that there are not
mitigating circumstances affecting the use of sick leave, the supervisor will
counsel the employee on the proper use of such leave. Corrective action, if
warranted, will be discussed with the employee.
11.2.7.5 Sick Leave Management Plan Requirements-When a sick leave management
plan is imposed, it will include a series of requirements that an employee must
adhere to during the 12-month period the plan is in effect. Adherence to the
requirements should serve to discourage excessive sick leave use.
11.2.7.6 Plan Stipulations-The sick leave management plan stipulates that an employee
submit to the following when sick leave is used.
11.2.7.6.1 Personal Notification-Personally notify the on-duty shift battalion
chief of the illness/absence by telephone.
11.2.7.6.2 Examination-Have an examination by a medical doctor or nurse
practitioner on the day of the reported illness.
11.2.7.6.3 Affidavit-Obtain a note from a medical doctor or nurse practitioner
that states the diagnosis and prognosis in medical terminology
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Page 21
indicating the extent the employee is precluded from performing the
job. Other than those stated above, a medical return-to-work release
signed by a health care practitioner will not suffice in meeting this
requirement.
11.2.7.6.4 Other Conditions-Identify any other condition that the supervisor
deems appropriate for the specific circumstances to further
discourage unwarranted use of sick leave.
11.2.7.7 Disciplinary Process-Failure to adhere to the sick leave management plan
prescribed by an employee's supervisor will result in disciplinary action.
11.2.7.8 Maximum Paid Sick Leave Usage-An employee who has insufficient sick
leave hours on record to cover absences from the job shall use accrued vacation
prior to receiving authorization for a medical leave of absence without pay.
11.3 Bereavement Leave-An employee may be granted leave of absence without loss of
salary or benefits upon the death or for the funeral of a family member as defined below.
11.3.1 Definition of Family Member for Bereavement Leave-This leave may be granted
for any of the following persons: spouse, domestic partner registered with the
State of California, child, father, mother, step-father, step-mother, brother, sister,
step-brother, step-sister, grandfather, grandmother, father-in-law, mother-in-law,
brother-in-law, sister-in-law, daughter-in-law, and son-in-law.
11.3.1.1 Non-family Member Leave-Additionally, other such persons may be
included in this provision if, in the opinion of the Fire Chief or designee,
there exists an extraordinarily close familial relationship between the
employee and the person in question. Leave for these other such
persons other than family members as described above shall be charged
to vacation leave.
11.3.2 Leave Within California-Employees may be granted up to a maximum of 48 on-
duty hours per occurrence for the death or to attend the funeral of a family
member within of California.
11.3.3 Leave Outside California-Employees may be granted up to a maximum of 72
on-duty hours per occurrence for the death or to attend the funeral of a family
member outside of California.
11.4 Medical Appointment Leave-Employees shall receive leave with pay for appointments
with medical doctors and dentists in instances where the employee can demonstrate that
the appointment could not have been reasonably scheduled to occur on an off-duty day.
An employee requesting such paid leave shall receive approval of the Fire Chief or
designee prior to taking the leave. Such leave shall be authorized only for the actual time
necessary for the appointment and a reasonable travel time to and from the appointment.
Employees shall be required to submit a personal statement describing the nature and
need of such visits. The City reserves the right to confirm or verify any appointment for
which such leave is authorized.
11.4.1 Medical Appointment Leave Charged to Sick Leave for 56-hour Employees-The
first 11.2 hours per year of medical appointment leave will not be charged to sick
leave, all other absences related to medical appointments shall be charged to sick
Page 22
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
leave.
11.4.2 Medical Appointment Leave Charged to Sick Leave for 40-hour Employees-The
first 8 hours per year of medical appointment leave will not be charged to sick
leave, all other absences related to medical appointments shall be charged to sick
leave.
11.5 Sick Leave as Family Care Leave-Employees accrue sick leave each year as defined in the
sick leave article of this agreement. In recognition of Labor Code 233, effective 1/1/00,
employees are permitted to use up to half of their annual sick leave accrual, in any calendar
year, for the purpose of obtaining medical consultation, treatment, or for caring of a sick
family member as defined below.
11.5.1 Definition of Family Member for Sick Leave as Family Leave Purposes-A
family member, as defined in Labor Code 233, shall include the employee's
spouse, domestic partner registered with the State of California, child, mother,
and father.
11.5.2 Leave Amount-The combined total of hours taken for family care purposes
pursuant to Labor Code section 233, including any leave used from the Paid
Family Care Leave provision as defined above, if eligible, shall not exceed one-
half of the employee's annual accrual of sick leave.
11.5.3 Concurrent Use of Leave-This leave may run concurrently with any family care
leave permitted under federal or state law.
11.5.4 Leave Accounting-The accounting for paid family care leave and sick leave as
family care shall be on a payroll calendar year basis, effective the payperiod
including January 1St of each year.
11.5.5 Notification Procedures-An employee using such leave is required to state the
name of the family member, for the absence on the appropriate City form.
11.5.5.1 Leave Notification-Leave usage forms and notification procedures will
continue to be used, and employees may be required to submit a health
care practitioner's verification of injury or illness of the family member
for any period of time that the employee requests family care leave.
Such medical verification requests shall not be unreasonably imposed.
11.5.5.2 Leave Verification-In addition, employees shall be required to submit a
doctor or nurse practitioner's medical certification, verifying the actual
injury or illness of the employee's family member if an employee
requests family care leave subsequent to having been absent from a
normally scheduled on-duty shift for a period of 48 consecutive hours.
Such medical verification shall not be unreasonably imposed.
11.6 Industrial Injury or Illness Leave-An employee who is temporarily and/or partially
disabled from performing the full scope of the usual and customary duties of the
classification as a result of an injury or illness, which has been determined to be
industrially caused shall be granted Industrial Injury or Illness Leave without loss of
salary or benefits.
11.6.1 Administration of Leave-The requirements and the amount of Industrial Injury
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Page 23
or Illness Leave granted an employee are prescribed in Labor Code Section 4850
and its related sections in effect at the time of the industrial illness or injury.
11.6.2 Modified-duty Program-The department has amodified-duty program described
in another section of this agreement.
11.6.3 Prohibition from Engaging in Outside Occupation-An employee who is absent
from duty as a result of an industrial injury or illness and receiving Industrial
Injury or Illness Leave shall not perform duties in any occupation outside of the
City service. This requirement is intended to ensure that the employee is doing
all that is necessary to facilitate complete and swift recovery from the injury or
illness that caused the absence from duty and temporary and/or partial disability.
11.7 Pregnancy Disability and Childcare Leave-Employees may be granted leave up to the
maximum period of time permitted by law for disabilities caused or contributed to by
pregnancy, childbirth, or related medical conditions or for reason of the birth of a child or
the placement of a child with an employee in connection with adoption. These leaves
may run concurrently with Pregnancy Disability, Family Medical Leave Act, or
California Family Rights Act leaves.
Article 12. Leave Conversion
12.1 Leave Conversion Factors-Employees who change workweek schedules shall be
entitled to the following conversions. An employee working 56-hour schedule changing
to a 40-hour schedule will. have accrued hours converted to a 40-hour equivalent
workweek. Employees working a 40-hour schedule changing to a 56-hour schedule will
have accrued hours converted to a 56-hour equivalent workweek. The following
conversion factors apply for each leave type:
12.1.1 56-hour Schedule-A 56-hour schedule changed to a 40-hour workweek schedule
will have leaves converted in the following manner.
12.1.1.1 Sick Leave Conversion-Accrued sick leave hours will be converted by
multiplying by a factor of .7142857.
12.1.1.2 Vacation Leave Conversion-Accrued vacation hours will be converted
by multiplying by a factor of .555.
12.1.1.3 Vacation Buy-back-Employees who have scheduled and taken a
minimum of 144 hours of vacation shall be permitted to receive the cash
value of up to 72 hours of unused but accrued vacation. The cash value
will be determined by multiplying the hours to be paid by the
employee's actual hourly rate of pay.
12.1.2 40-hour Schedule-A 40-hour schedule changed to a 56-hour workweek schedule
will have leaves converted in the following manner.
12.1.2.1 Sick Leave Conversion-Accrued sick leave hours will be converted by
multiplying by a factor of 1.4.
12.1.2.2 Vacation Leave Conversion--Accrued vacation hours will be converted
by multiplying by a factor of 1.8.
Page 24
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
12.1.2.3 Vacation Buy-back-Employees who have scheduled and taken a
minimum of 80 hours of vacation during each calendar year shall be
permitted to receive the cash value of up to 51.4 hours of unused but
accrued vacation. For Vacation Buy-back purposes only, when assigned
a 40-hour workweek schedule, each hour has a 1.2857-hour equivalency.
The cash value of the buy-back hours will be determined by multiplying
the hours to be paid by the employee's actual hourly rate of pay.
Article 1 ~. Long-term Disability Program
13.1 Benefits-The City will provide employees with long-term disability insurance. In
consideration of changing plans, the employee will pay the monthly premium and the
City will reimburse the employee for that amount up to $25 per month.
13.2 Application for Benefits-An employee who is disabled from performing the full scope
of the usual and customary duties of the classification as the result of an injury or illness
and has utilized all accrued paid leave and sick leave for which the employee is eligible
up to the 30`" calendar day of disability, may file an application for long-term disability
insurance benefits in accordance with the requirements of the long-term disability
insurance plan.
13.3 Elimination Period-The elimination period for the long-term disability plan is 30 days.
Employees will not be required to utilize sick leave in excess of this elimination period in
order to qualify for disability payment.
13.4 City Determination-If an employee has along-term disability, the City shall determine
from medical documentation whether the employee is permanent and stationary or
whether the employee is temporarily disabled:
13.4.1 Permanent and Stationary Status-An employee is considered permanent and
stationary is he/she is incapacitated from performing the full scope of the usual
and customary duties of the classification.
13.4.2 Temporary Disability Status-An employee is considered temporarily disabled if
the medical prognosis for the employee's eventual ability to completely recover
to a point of being able to assume the full scope of the usual and customary duties
of the classification is such that there exists a probability of complete recovery
within a period of 365 days, or a reasonable extension thereof.
13.5 Permanent and Stationary Determination-If the City determines from medical
documentation that the employee with or without accommodation is permanent and
stationary, the City may retire the employee or otherwise separate the employee from the
classification and/or from City service.
13.6 Temporary Disability Determination-If the City determines that the employee is
temporarily disabled from performing the full scope of the usual and customary duties of
the classification and that there exists a probability of complete recovery within a period
of 365 days, or a reasonable extension thereof, then the City may grant the employee a
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Page 25
leave of absence without pay for a period appropriate to the time necessary to determine
the employee's ability to completely recover, or the City may not grant such leave and
separate the employee from the classification and/or from City service in accordance with
applicable law.
13.7 Permanent and Stationary Determination During Leave of Absence-If the City grants
an employee a leave of absence without pay for the purpose of providing the employee
with the ability to completely recover, and the employee's disability becomes permanent
and stationary during the period of such leave, and the employee is precluded from
performing the duties of the classification with or without accommodation from, then the
City may retire the employee on a disability retirement or otherwise separate the
employee from the classification and/or City service at the time the employee's condition
becomes permanent and stationary in accordance with applicable law.
13.8 Accrued Vacation Payment-Upon becoming eligible for long-term disability benefits
and being granted a leave of absence without pay for a period appropriate to the time
necessary to determine an employee's ability to completely recover, the City will pay, at
the request of the employee, any accrued vacation time for which the employee qualifies.
13.9 Insurance Premium Payment-The City will continue to pay the insurance premiums on
behalf of a disabled employee and dependents if the employee has elected these benefits,
pursuant to the provisions for such payments otherwise provided in this agreement, until
the date of the employee's separation from City service.
Article 14. Modified-duty r rogram
14.1 Light-duty Program-The purpose of the light-duty program is to prevent deterioration
of skills, facilitate recovery, and eliminate a potential for income loss. It minimizes the
loss of productive time while at the same time reintroducing the employee to work.
Modified-duty assignments will be structured so employees are not placed in a duty
status that would aggravate an injury or illness.
14.2 Coverage-Employees who suffer a temporary or partial disability due to an industrial or
non-industrial injury or illness will be covered by this modified-duty program.
14.2.1 Determination and Required Reports-
14.2.1.1 Assignments-Modified-duty assignments may be made following
evaluation and determination. by the Fire Chief or designee. The
determination will be based on available medical information, and in
consultation with the employee or the employee's immediate supervisor.
Determinations will also be based on the needs of the City and the
impact of modified-duty on departmental operations.
14.2.1.2 Evaluation and Determination-The evaluation and determination of
modified-duty assignments may be initiated by the Fire Chief or
designee, at the request of the employee's immediate supervisor, or at
the request of the employee.
14.2.1.3 Medical Reports-Once the initial medical report is received by the
Page 26
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
department, updated medical reports shall be submitted to the Fire Chief
or designee at two-week or other agreed-upon intervals, for as long as
the employee is off work. Reports will be required for all industrial or
non-industrial injuries or illnesses regardless of whether a modified-duty
assignment has been made.
14.2.1.4 Review of Assignment-Reports will be evaluated by the Fire Chief or
designee for purposes of commencing, continuing, or terminating a
modified-duty assignment.
14.3. Modified-duty Assignments, Definitions, and Restrictions-
14.3.1 Assignments-Modified-duty assignments may consist of reduced work hours,
limited work, or any combination thereof.
14.3.2 Impact to Employee-Modified-duty assignments will not adversely affect the
employee's normal actual biweekly gross wages or retirement benefits.
14.3.3 Fire Department Assignments-Modified-duty assignments will be within the
employee's assigned department and will involve work that is within the
employee's work limitations.
14.3.4 Normal Business Hour Assignments-The employee may be assigned modified-
duty work during normal office hours of 8:00 a.m. to 5:00 p.m., Monday
through Friday.
14.3.5 Case-by-Case Review-Specific modified-duty assignments will be developed
based on a case-by-case review of the medical restrictions, so as not to
aggravate an injury or illness.
14.3.6 Field Emergency Reponses-Employees will not be placed in modified-duty
assignments that, in the normal course of events, will require a direct field
emergency response.
14.3.7 Reevaluations-The employee shall be allowed to leave the modified-duty
assignment due to any discomfort from or aggravation to the injury or illness,
which necessitated the employee going on modified-duty status. Absences of 2
or more occurrences during amodified-duty assignment shall require an
appointment and evaluation with the treating physician.
14.3.8 Uniforms-Employees shall not be required to wear a uniform while on
modified-duty assignments.
14.3.9 Holidays-Employees in a 40-hour per week modified-duty status shall receive
the same holiday compensation as if still working in a 56-hour workweek
assignment.
14.3.10 Vacation Scheduling-Employees assigned to modified-duty work shall take
their vacation as normally scheduled. Vacations shall cover the same number of
duty and calendar days as would have been if the employee had remained on
full duty.
14.4 Return-to-Full-duty Status-Employees will be returned to full duty as soon as possible
following medical certification that the employee is able to resume the essential functions
of the classification with or without accommodation.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011 Page 27
Article 15. Layoff and ~ emotion Policy
15.1 Reduction in Force-In the event of a reorganization or reduction in force, the employee
with the least service in the affected classification shall be demoted first. The demoted
employee shall be reassigned to alower-related classification or assignment held by an
employee with less department seniority.
15.2 Displaced Employees-If the demoted employee will displace another employee with
less department seniority, and is not deemed capable by the City to work in that
classification or assignment, the demoted employee shall be laid off. The employee with
the least City service shall be laid-off first and so on until no further layoffs are needed.
This layoff and demotion practice shall continue through the ranks until the lowest
classification is reached and no further layoffs are needed.
15.3 Seniority-When layoffs are to occur, seniority is determined by years of service with the
City, not Fire Department years of service.
Article 17. Residence Requirements
Employees are required to reside inside the boundaries of the State of California.
Article ~ ~. E mergencies
Nothing contained in this agreement shall limit the authority of the department and the City to
make necessary changes during emergencies. The department and/or the City shall notify the
Union of such changes as soon as possible. Emergency assignments of employees shall not
exceed beyond the period of the crisis. An emergency is defined as an unforeseen circumstance
requiring immediate implementation of the change.
Article 1 ~. Discipline Provision
Employees covered by this agreement shall have the right to appeal the following kinds of
discipline, which shall only be imposed for just and proper cause, using the grievance procedure
contained in this agreement, or, at the employee's option, to the Personnel Board using the
appeal procedure specified in the City's personnel rules for termination, demotion from one
classification to another classification, in-grade pay reduction, suspension without pay, and
involuntary removal from a special assignment where the removal results in a loss in base salary
or loss of assignment pay. Employees do not have the right to appeal other forms of discipline,
such as verbal counselling and written reprimands. Employees who appeal from a disciplinary
action must state in writing in paper, initiating the appeal whether it shall be decided using the
Page 28
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
grievance procedure contained in this agreement or the appeal procedure specified in the City's
personnel rules. Notwithstanding arequest from an employee using the grievance procedure
contained in this agreement that his/her disciplinary appeal be heard by an arbitrator, and an
appeal of a disciplinary action shall not be advanced to binding arbitration unless the Union's
President notifies the City's Human Resources Director in writing within 30 days after receipt of
the City Manager's decision by the employee that the Union requests that the appeal be
advanced to arbitration.
Article ~ ~. Grievance Procedure
This grievance procedure shall be applied in resolving grievances filed by employees covered by
this agreement.
20.1 Definition of a Grievance-A grievance is defined as an allegation by an employee or a
group of employees that the City has failed to provide a condition of employment,
established by this agreement, provided that the condition of employment is not a matter
within the discretion of the Fire Chief or the City. This grievance procedure shall not
apply to matters over which the Personnel Board has jurisdiction.
20.2 Stale Grievance-A grievance shall be void unless filed in writing within 45-calendar
days from the date upon which the City is alleged to have failed to provide a condition of
employment that has been established by this agreement, or within 45-calendar days from
the time an employee might reasonably have been expected to have learned of the alleged
failure. In no event shall a grievance include a claim for money relief for more than the
45-calendar day period, plus such reasonable discovery period.
20.3 Informal Discussion with Employee's Supervisor Before proceeding to the formal
grievance procedure, an employee shall discuss the grievance with immediate supervisor
in private and attempt to work out a satisfactory solution. If the employee and immediate
supervisor cannot work out a satisfactory solution, the employee may then choose to
represent him/herself individually. Or the employee may request the assistance of an
employee representative of choice, who has been officially authorized by the Union,
pursuant to this agreement, to put in writing and formally present the grievance.
20.4 Formal Written Grievance to Employee's Battalion Chief-If the employee chooses to
formally pursue the grievance, it shall be presented in writing to the Battalion Chief
within 15-calendar days after the date upon which the grieving employee informally
discussed the grievance with the immediate supervisor. The written grievance shall
specify the Article, Section, and/or Subsection of this agreement alleged to have been
violated by the City and shall specify dates, times, places, persons, and other facts
necessary for a clear understanding of the matter being grieved. Within. 15-calendar days
of receipt of the written grievance, the Battalion Chief shall respond to the grievance with
an answer in writing. If the grievance is not resolved at this level, the employee shall
have 15-calendar days from receipt of the Battalion Chief's answer in which to file an
appeal to the Fire Chief.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011.
Page 29
20.5 Waiver of Battalion Chief Review-If the grievance is not resolved after the informal
discussion with the employee's immediate supervisor, the grievant and the Battalion
Chief may, by mutual agreement, waive review of the grievance by the Battalion Chief
and proceed to present the grievance to the Fire Chief or designee.
20.6 Grievance to Fire Chief-The Fire Chief or designee shall have 15-calendar days after
receipt of the grievance to review and answer it in writing. A meeting between the Fire
Chief or designee and the grievant and designated representative is required at this level
unless waived by mutual agreement.
20.7 Arbitration of Grievance-In the event that the grievance is not resolved by the Fire
Chief or designee, the grievant may, within 30-calendar days after receipt of the Fire
Chief's decision, request that the grievance be heard by an arbitrator.
20.8 Informal Review by the City Manager Prior to the selection of an arbitrator and
submission of the grievance for hearing by an arbitrator, the City Manager or designee
shall informally review the grievance and determine whether the grievance may be
adjusted to the satisfaction of the employee. The City Manager or designee shall have
15-calendar days in which to review and seek adjustment of the grievance.
20.9 Selection of ArbitratorThe arbitrator shall be selected by mutual agreement between
the City Manager or designee and the grievant or representative. If the City Manager or
designee and the grievant or representative are unable to agree on the selection of an
arbitrator, they shall jointly request the State Mediation and Conciliation Service to
submit a list of 7 qualified arbitrators. The City Manager or designee and the grievant or
representative shall then alternately strike names from the list until only one name
remains, and that person shall serve as the arbitrator.
20.10 Arbitrator Review-The provisions for arbitration are not intended and shall not be
construed to empower the arbitrator to change any condition of employment, specifically
covered by this agreement or to revise, modify, or alter, in any respect, any provision
contained in the agreement.
20.11 Duty of the ArbitratorExcept when an agreed statement of facts is submitted by the
parties, it shall be the duty of the arbitrator to hear and consider evidence submitted by
the parties and to thereafter make written findings of fact and disposition of the
grievance, which shall be final and binding upon the parties. The decision of the
arbitrator shall be based solely on the interpretation of the appropriate provisions of the
agreement applicable to the grievance.
20.12 Payment of Costs-Each party to a hearing before an arbitrator shall bear their own
expenses in connection therewith. All fees and expenses of the arbitrator shall be borne
half by the City and half by the grievant.
20.13 Effect of Failure of Timely Action-Failure of the employee to file an appeal within the
required time period at any level shall constitute an abandonment of the grievance.
Failure of the City to respond within the time limit at any step shall result in an automatic
advancement of the grievance to the next step.
20.14 Non-Union Representation-In the event that an employee chooses to represent
him/herself, or arranges for a representative independent of the Union, the Fire Chief and
the City shall make no disposition of a grievance that is inconsistent with the terms and
Page 30
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
conditions of this agreement. In the event an employee shall elect a hearing
independently under this Article, the Union shall have the right to be a full and equal
party to such proceedings for the purpose of protecting the interests of its members under
the terms of the agreement.
Article 21. Agreement, Modification, and Waiver
21.1 Full and Entire Agreement-This agreement sets forth the full and entire agreement of
the parties regarding the matters set forth herein, and any other prior or existing
Understanding and agreements over these matters between the parties, whether formal or
informal, are hereby superseded or terminated in their entirety. In the event that the
provisions of this agreement are found to be in conflict with a City rule, regulation, or
resolution, the provision of this agreement shall prevail over such conflicting rule,
regulation, or resolution.
21.2 Written Modification Required-No agreement, alteration, understanding, variation,
waiver, or modification of any of the terms or provisions contained herein shall in any
manner be binding upon the parties unless made and executed in writing by all parties
and approved by the City Council.
21.3 Waiver The waiver of any breach, term, or condition of this agreement by either party
shall not constitute a precedent in the future enforcement of all its terms and provisions.
21.4 Term of Agreement-The term of this agreement is from 7/1/01 through 6/30/06.
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Page 31
Article ~~. Cignatures
Except as amended herein and hereby, all terms and conditions of the agreement between the
City of South San Francisco and the International Association of Firefighters, Local 1507 as set
forth originally in the Memorandum of Understanding for the period of 7/1/01 through 6/30/06
shall remain in full force and effect for the contract term set forth herein.
Signed this day of
For the Union:
Rick Root, Chapter President
Todd Rael
Art Mosqueda
Jason Kruljac
2009 by:
For the City:
Austris Rungis, Chief Negotiator
Mich Mercado
Kathy Mount, Director of Human Resources
Page 32
Memorandum of Understanding between the
City of South San Francisco and the IAFF, Local 1507
July 1, 2009 through June 30, 2011
Appendix A
Classifications
The current classifications in this unit are the following:
• Firefighter
• Paramedic/Firefighter
• Fire Apparatus Engineer
• Fire Captain
• Emergency Medical Service (EMS) Captain (40-hour schedule)
• Safety Inspector I (40-hour schedule)
• Safety Inspector II (40-hour schedule)
• Safety Inspector III (40-hour schedule)
The current assignments in this unit are the following:
• Emergency Medical Technician Instructor (EMT-I)
• Safety Inspector
Published by
Human Resources Department
City of South San Francisco
Street Address:
First Floor City Hall
400 Grand Avcnuc
South San Francisco CA 94080
Wcb Site
www.ssf.nct
Mailing Address:
P. O. Box 711
South San Francisco CA 94083
650/877-8522 Tel
650/829-6699 Job Linc
650/829-6698 Fax