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HomeMy WebLinkAboutReso 196-1996RESOLUTION NO. 196-96 CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1507, AFL-CIO, FOR THE PERIOD JULY 1, 1995 THROUGH JUNE 30. 1998 WHEREAS, the City of South San Francisco and the International Association of Fire Fighters, Local 1507, AFL-CIO previously entered into a Memorandum of Understanding for the period July 1, 1991 through June 30, 1994; and, WHEREAS, the City of South San Francisco and the International Assodation of Fire Fighters, Local 1507, AFL-CIO agreed to extend said MOU to and through January 1, 1995; and, WHEREAS, the City of South San Frandsco and the International Assodation of Fire Fighters, Local 1507, AFL-CIO have engaged in collective bargaining since the expiration of the prior MOU; and, WHEREAS, the City of South San Frandsco and the International Association of Fire Fighters, Local 1507, AFL-CIO have continued to operate under the terms of the prior MOU; and, WHEREAS, the City of South San Francisco and the International Association of Fire Fighters, Local 1507, AFL-CIO have desire to enter in a new MOU and have agreed on terms of MOU for the time period of July 1, 1995 through June 30, 1998; and, WHEREAS, the City of South San Francisco and the International Association of Fire Fighters, Local 1507, AFL-CIO desire to retain the majority of provisions of the prior MOU and amend limited portions thereof. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby resolves as follows: The City Manager is hereby authorized to sign the Memorandum of Understanding Between the City of South San Francisco and the International Association of Fire Fighters, Local 1 $07, AFL-CIO for the Period July 1, 1995 through June :30, 1998. 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 special meeting held on the ?7th day of D~c~mb~r , 1996 by the following vote: AYES: Councilmembers Eugene R. Mullin, John R. Penna, Robert Yee and Mayor Joseph A. Fernekes NOES: None ABSTAIN: None ABSENT: None A:WIREMOU.RES ATTEST: City Clerk EXHIBIT TO RESOLUTION NO. 196-96 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND THE INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, LOCAL 1507, AFL-CIO FOP. THE PERIOD JULY 1, 1995 THROUGH JUNE 30, 1998 RECITALS 1. WHEREAS the City of South San Francisco and the International Association of Fire Fighters, Local 1507, AFL-CIO previously entered into a Memorandum of Understanding for the period July 1, 1991 through Iune 30, 1994; 2. WHEREAS the City of South San Francisco and the International Assodation of Fire Fighters, Local 1507, AFL-CIO agreed to extend said MOU to and through January 1, 1995; 3. WHEREAS the City of South San Francisco and the International Association of Fire Fighters, Local 1507. AFL-CIO have engaged in collective bargaining since the expiration of the prior MOU; 4. WHEREAS, the City of South San Francisco and the International Association of Fire Fighters, Local 1507. AFL-CIO have continued to operate under the terms of the prior MOU; 5. WHEREAS the City of South San Francisco and the International Association of Fire Fighters, Local 1507 AFL-CIO have desire to enter in a new MOU and have agreed on terms of MOU for the time period of July 1, 1995 through June 30, 1998; 6. WHEREAS, the City of South San Francisco and the International Assodation of Fire Fighters, Local 1507 AFL-CIO desire to retain the majority of provisions of the prior MOU and amend limited portions thereof; 7. NOW, THEREFORE, the City of South San Francisco and the Intemational Assodation of Fire Fighters, Local 1507, AFL-CIO do hereby agree as follows: AGREEMENT Section 1. Article 1 is hereby amended to read as follows: ARTICLE 1. PREAMBLE AND TERM. THIS MEMORANDUM OF UNDERSTANDING (MOU) is entered into by the City of South San Francisco, hereafter designated as "City" and the International Association of Fire Fighters, Local 1507, AFL-CIO, hereafter designated as "Union" as a mutual agreement of those wages, hours and conditions of employment which are to be in effect during and for the period July 1, 1995 through June 30, 1998 for those employees working in classifications in the representation unit referred to in Article 2, Section 1 hereof. Section 2. Article 4, Section 1 is hereby amended to read as follows: Section 1. Wages. Wages shall be as set forth in Appendix A, and will reflect that: Effective on the first day of the pay period ending on February 20. 1997, the salary schedule for all unit members shall be increased by two (2) percent for the period July 1, 1995 through June 30, 1996, and by an additional four (4) percent for the period July 1, 1996 through June 30, 1997. Each unit member employed by the City on or before July 1, 1995 shall receive a lump sum payment of the additional amount owing for the period July 1, 1995 through February 20, 1997, on his or her paycheck for the pay period ending February 20. 1997. For each unit member who has commenced employment with City between July 1, 1995 and February 20. 1997 he or she shall only receive the pro-rata lump sum payment based on the period of time he or she has been employed by the City (e.g. a unit member who began working for the City on July 1, 1996 would receive the lump sum payment for the period July 1, 1996 through February 20.97). Each former unit member who retired between July 1, 1995 and February 20, 1997shall receive a pro-rata lump sum payment for the additional amount owing for the time period between July 1, 1995 and the retirement date of that former unit member. Effective with the pay period including July 1, 1997, the salary schedule for unit members shall be increased by an additional t~vo (2) percent. Section 3. The third paragraph of Article 6, Section 6, related to "Payment of Unused Accumulated Sick Leave Accrued After November 14, 1985" is hereby revised to read as follows: "In addition to receiving a cash payoff for accumulated sick leave upon retirement as described above, a unit member may apply all of his or her remaining sick leave hours as credit towards retirement through the Public Employees Retirement System (PERS). The unit member may also, upon death, full service retirement or disability retirement, elect to not receive any cash payment and instead apply all of his or her accumulated sick leave to towards retirement through PERS. Section 4. Article 7, Section 1, Subsection E is hereby amended to read as follows: E. Vacation Accumulation. An employee may not accumulate more than twice his or her annual accrual amount of vacation hours as unused vacation. Vacation hours exceeding the maximum allowed shall automatically be credited for payment and shall be paid once a year in the first pay period of January. Section 5. Article 7, Section 3, Subsections B related to the "Amount of Sick Leave" and E related to "Verification of Injury or Illness" are hereby amended to read as follows: Bo Amount of Sick Leave. Commenting with the first pay period following the adoption of this amendment to MOU, each employee will accrue 12 hours per month of employment for purposes of sick leave. Such leave may be accumulated without limit. All new employees hired after the effective date of this MOU will be charged hour for hour for use of sick leave (e.g. 24 hours for one 24 hour shift). Each current employee will be charged at the rate of 11.2 hours per 24 hour shift until that employee has used all of the hours he or she has accrued at the rate of 11.2 hours per month. After each employee uses the hours he or she accrued at 11.2 hours per month, that employee will then be charged hour for hour (e.g. 24 hours for one 24 hour shift) for all use of sick leave. Eo Within one month after the signing of this MOU each employee shall receive a statement showing how many sick leave hours he or she has accrued at the 11.2 hours per month accrual rate (i.e. hours that will be charged at 11.2 hours for each 24 hours of usage.) Verification of Injury or Illness. 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. o Doctor's or Nurse Practitioner's Verification. The Chief or the Chief's designee may require a verification prepared and signed by a medical doctor or nurse practitioner, which describes the nature and extent of the illness or injury and which confirms that the employee has fully recovered and is able to perform the full scope of the normal or customary duties of the classification. This verification shall be required when an employee is absent due to illness or injury for a period of three (3) consecutive shifts. In addition, the Chief may require a medical verification any time the chief has reasonable basis to believe that the leave has been abused by an individual employee. Such medical verification request shall not be unreasonably imposed. 3. Sick Leave Management Plan. a. Sick Leave Threshold Each employee who has had four (4) occurrences of sial< leave or who has been absent 144 hours based on non-industrial injury illness leave (regardless of whether the employee's leave is charged at 11.2 or 24 hours per 24 hour shift) within a calendar (January 1 - December 31) year ~vill be subject to a review of sial< leave use. Sid< leave review will be monitored monthly by the Fire Chief or the Chief's designee. During monthly monitoring of sick leave usage any pattern of use which is detected and meets the threshold defined above will be subject to review. 4 Under extenuating drcumstal~ces such as serious injury requiring hospitalization, pregnancy/childbirth, or other serious illness or injury, requiring an employee to be out of work for an extended period of time, the recommended sick leave review and management program may be suspended by the Fire Chief or Chief's designee. The Fire Chief or Chief's designee shall determine those drcumstances under which further review is suspended. b. Review and Counseling An employee whose use of sick leave falls within the preceding criteria shall meet with the immediate supervisor to discuss the reasons and/or causes of the leave usage. If it is determined that there are no mitigating circumstances affecting the use of sick leave, the supervisor will counsel the employee on the proper use of such leave. Corrective action, if any is warranted, will be discussed with the employee. c. 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. The supervisor, with the approval of the Fire Chief or the Chief's designee, may place an employee on a Sick Leave Management Plan in conjunction with a review and counseling concerning leave usage if circumstances are present that warrant immediate action. The Sick Leave Management Plan includes a series of requirements that an employee must adhere to during the twelve month period during which the plan is effective. Adherence to the Plan requirements should serve to discourage excessive sick leave use. The Sick Leave Management Plan stipulates that an employee submit to the following when sick leave is used: Personally notify the duty Shift Battalion Chief of the illness/absence by telephone. 5 Section 5. ii. Examination by a medical doctor or nurse practitioner on the day of reported illness. 111. Obtain a note from a medical doctor or nurse practitioner that states the diagnosis and prognosis in medical terminology. A medical release to return to work signed by medical personnel other than those stated above will not suffice in meeting this requirement. iv. Any other condition that the supervisor deems appropriate for the specific circumstances to further discourage unwarranted use of sick leave. d. Disciplinary Process Failure to adhere to the Sick Leave Management Plan prescribed by an employee's supervisor will result in disciplinary action. e. Maximum Paid Sick Leave Usage An employee who has insufficient unused sick leave hours on record to cover absence(s) from the job shall use accrued vacation time prior to receiving authorization for a medical leave of absence without pay. Article Seven, Section 4 is hereby amended to read as follows: Section 4. Family Care Leave. "An employee may be granted up to a maximum of forty-eight (48) hours of paid leave during each calendar (January I - December 31) year for the purpose of caring for an injured or ill spouse, child, mother, or father and/or any of the following who reside in the employee's home: brother, sister, grandparents, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, or son-in-law, or such other person who resides in the employee's home, if in the opinion of the Fire Chief or the ChieFs designee, there exists an extraordinarily close familial relationship between the employee and such person. An employee shall be required to submit a doctor's or nurse practitioner's verification, as defined herein, verifying the actual injury or illness of the employee's family member when the employee requests approval of family care leave subsequent to having been absent from his or her normally scheduled on- duty shift time for period of forty-eight (48) consecutive hours. The accounting for family care leave shall be on a calendar year basis effective the pay period including lanuary 1 of each year." Section 7. Article 9 is hereby amended to read as follows: ARTICLE 9. UNIFORMS Each employee shall be eligible for payment by the City to a vendor approved by the City, or reimbursement for the purchase price of approved uniform items up to a total of four hundred dollars ($'t00.00) per fiscal year. The City will maize payment or reimburse an employee for such purchase price upon presentation by the employee of a proper claim, itemized receipt, and upon verification by the employee's immediate supervisor that the employee has received the items. The open window to purchase uniforms will be February, May, August and November. Uniform allowance does not commence until the second year of employment with the department. After the first year of employment is completed, the individual will receive their uniform allowance for the second year of employment on a prorated basis. After the completion of probation and upon the request of the employee, the City will purchase the employee a leather helmet (less the cost of the department issue helmet). Those individuals who have had a leather helmet purchased will have the cost reimbursed to the City out of their uniform allowance in two equal payments over a two-year period. A leather helmet becomes the property of the employee after three years. If an employee separates from the department within three years from the date of issue, he/she may "buy out" the City's share. If the employee elects to not purchase the helmet it shall be returned to the City. Section 8. Article 13 ~Residence~ shall be added to the MOU to read as follows: "Employees are required to reside inside the boundaries of the State of California. ~ Section 9. The "Educational Incentive" section of Appendix ~A" is hereby amended to read as follows: EDUCATIONAL INCENTIVE (Appendix "A") An employee who has completed three (3) full years of employment and who has an Associate of Arts (AA) degree or an Associate of Science (AS) degree in Fire Science or Fire Technology, a Bachelors of Arts degree in Public Administration or Management (BA), or forty (40) accredited units in Fire Science or other courses that can be applied towards obtaining a Bachelor of Vocational Education (BVE) or a BA in Management or Public Administration shall be compensated at the rate set forth and/or identified as "Education Incentive Rate" on the wage rate schedule applicable to the employee's classification. The rate shall be approximately five (5) percent above the step rate for which the employee otherwise qualifies. The following courses cannot be applied towards the educational incentive program: 2. 3. 4. EMT Certification; Paramedic Training; Any course attended while on duty; Any course attended off duty for ~vhich the department paid the tuition or overtime; Fire Fighter I. Documentation for the approved courses shall be in the form of "offidal transcripts" mailed to the department, from the school where the courses are accredited. The employee shall provide the department with documentation from an accredited college indicating that the courses taken can be applied towards a BA in Management, Public Administration or an AA in Fire Science or Fire Technology. Section 10. Except as amended herein and hereby, all terms and conditions of the Memorandum of Understanding between the City of South San Francisco and the International Association of Firefighters as set forth originally in the MOU for the period of luly 1, 1991 through June 30, 1994 shall remain in full force and effect for the contract term set forth herein. Jill · City of South San Francisco City Manager Attest: City Clerk Approved as to form: International Association of Of Fire Fighters. Local 1507. AFL-CIO By: A:WI RF2..DFT