HomeMy WebLinkAboutReso 155-1981 RESOLUTION NO. 1.~5_~1
CITY COUNC I L, C I-fY OF SOUTH SAN FRANC I SCO,' STATE OF CALl FORN IA
A RESOLUTION ACCEPTING AND APPROVING MEMORANDUM OF
UNDERSTANDING, UNIT #6 SOUTH SAN FRANCISCO FIRE
FIGHTERS,.REPRESENTED BY INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS LOCAL, 1507, AFL-CIO, JULY 1, 1981
THROUGH JUNE 30, 1982.
BE IT RESOLVED by the City CounCil of the City of South San Francisco
that the Memorandum of Understandingwith Unit #6, South San Francisco Fire
Fighters, represented by International Association of Fire Fighters, Local
1507, AFL-CIO, for the period including July 1, 1981 through June 30, 1982,
a copy of which is attached as Exhibit "A" and incorporated herein by 'this
reference as if set forth verbatim, is hereby accepted and approved.
BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized
to endorse on page 1 and signature page of said Memorandum of 'Understanding
the following:
"Approved by City Council Resolution No.
December 16 , 1981"
155-81
adopted
I hereby certify that the foregoing Resolution was regularly introduced
and adop±ed by the City. Council of the City of South San Francisco at a
regular meeting held on the 16th day of December , 1981, by the
following vote:
AYES: Councilmembers Ronald G. Acosta, rlark N. Addiego, Emanuele N. Damonte,
Gus Nicolopulos; and Roberta Cerri Teglia
NOES: No ne
ABSENT: None
MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF SOUTH SAN FRANCISCO
AND
UNIT 6 - INTERNATIONAL ASSOCIATION OF
FIREFIGHTERS, LOCAL 1507, AFL-CIO
JULY 1, 1981 -JUNE 30, 1982
SECTION
2~
3.
4.
5.
6~
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· TABLE OF CONTENTS
Preamble
Term
Salary
Vacation
Holoi days
Sick Leave
Medical Leave
Emergency Family Leave
Insurance
Retirement
10. Retired Personnel Health Insurance Plan
11. Deferred Compensation
12. Like Work for Like Pay.
!3. Rest Peri ods
14. Overtime Pay ..
15. uniform Reimbursement
16. Employees Covered
17. Modification
PAGE NUMBER
1
12
12 ~
13
14
14
14
14
14
15
16
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16
18. Dispute · 16
Exhibit "A" - Memorandum of Understandi.ng re' 2% at 50 Retirement Plan
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Exhibit "B" - Pay Range Listing
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Exhibit "C" - Safety Employees Education Incentive Program
PREAMBLE
"Approved by C...i'tY council Resolution No. 155-81
adopted 12/16/81"
THE CITY OF SOUTH SAN FRANCISCO (hereinafter, City) and Unit No. 6,
International Association of Firefighters of America, Local 1507, AFL-CIO
(hereinafter, Unit 6) acknowledge and affirm that 'they have met and conferred
in good faith, exchanged proposals and counter-proposals and in all respects
fulfilled .their obligations under laW to meet and confer in good faith.
CITY and Unit 6 Representatives acknowledge that (1) prior to July 1, 1981,
the parties commenced negotiations for salary"increases and benefits for fiscal
year 1981-82; (2) retroactive pay and benefits a'nd the effective date thereof
were included in Unit-6 demands; (3) upon expiration of the Memorandum of Under-
'standing effective for fiscal years 1979-81,,members of Unit 6 continued to work
during the negotiating period in absence of any contract with the understandi.n9
that the effective date of the negotiated salaries and benefits would be determined
in the-final negotiated agreement and; (4) negotiations haVe been completed and
the members of Unit 6 have agreed'to give up their demands for higher wages and
benefits for fiscal year 1981-82 and accept the negotiated wages and benefits
hereinafter set forth for fiscal year 1981-82 and the effective dates as herein
provided.
THIS' MEMORANDUM OF UNDERSTANDING is the product of the above described
meet and confer process. Representatives of the City have .agreed to present
this Memorandum to the City Council for determination and Representatives of
Unit 6 have agreed to present this Memorandum to their membership for acceptance
and approval.
· 1. Term. The term.of this Memorandum~iof Understandi.ng shall be from
July 1, 1981 to June 30, 1982, except for the provisions of "Amendment 2-77 to
Memorandum of Understanding, Unit 6 - International Association of Firefi§hterS
of America, Local 1507, AFL-CIO - July 1, 1976 - June 30, 1978, Except for
Surviving Provisions" (hereinafter M/U 2-77) which was adopted by Resolution
No. 175-77 on October 5, 1977, and is attached hereto as Exhibit "A." M/U 2-77
provisions shall survive l~he term of this Memorandum of Understanding and shall
run concurrently with the period for?which the 2% at age 50 public safety retire-
ment benefits are applicable to eligible Fire Department members of Unit 6, in
accordance with Personnel Rules and Regulations, including those appointed after'
the effective date of this Memorandum.
'-2. Salary.
a) Commencing with the pay period which-includes July 1, 1981, there
shall be 'an increase Of five and ninety-five hundredths percent (5.95%) in the
base salary of each current employee in Unit 6, provided the parties have .agreed
that said increase shall only be paid retroactive to September 25, 1981. Further,
the parties agree that the amount that would have been paid'for the period of the
pay period which includes July 1, 1981 through and including September 24, 1981
shall be.credited towards the payment and repayment of'the cost of the highest
single year retirement benefit. This benefit was adopted on December 19, 1980,
pursuant to Section 3 of the 1979-81'Memorandum of Understandi.ng between the
City and Unit 6. The pay ranges listed in Exhibit "B," as attached, reflect
this increase under the column entitled "Base Range."
Hereafter, the parties agree that the payment for the highest single year
retirement benefit is reflected in the wage base.
2~
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A member as of July 1, 1981, wh~ ~thereafter left the service of
the City through a service, or disability retirement, shall receive said five
ar~ ninety-five hundredths percent (5.95%)'increase to and including the
effective date of said retirement.
b) Commencing with the pay period which includes January 1, 1982,
the City agrees to assume the payment of seven percent (7%) of the employee's
base salary to PERS in lieu of the employee's contribution. For clarification,
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the employee's contribution to PERS will be'reduced by the City from nine percent
(9%) to two percent (2%). The City's assumption of the employee's payment to
PEP~ shall be under the authority of this Memorandum of Understanding and any
applicable §overnment code provisions which'permit this payment without amending
the retirement, contract with PERS.
· c) It is understood that employees who are, or will be retiring with
a service or disability retirement, shall be allowed to make a one-time, irrevocable
conversion of the City's contribution, bei.n§ made on'their behalf, to base salary.
The conversion shall be to the range number specified in Exhibit "B," as attached,
under the column entitled "Retirement Range.'' -
Employees who wish to exercise this one-time, irrevocable conversion
must meet' the following requirements-
1. Service Retirement- Minimum fortY-nine (49) years of .age, and
.. will be retiring no later than one (1) year from date of conversion.
2. Disability Retirement- (Industrial or Non-Industrial)-
Eligible for disability retirement with conversion to take place
one day prior to the actual date of retirement, or the date upon
which an employee is determined to be permanent and stationary
and/or an application for disability retirement is made, which-
ever occurs first.
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d) Employees who, under (b) above, have converted the City payment
of the employee's contribution to PERS and do no~t retire on the date specified'
to the City at the time of conversion, shall owe the City the increased costs
including but not limited'to benefit contributions, overtime, holiday pay, and
City contributions to PERS.
The costs owed to the City will be from the time of conversion to
the actual date of retirement.
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3. Vacation.
a) A member shall be entitled to accrue vacation without loss of pay
in accordance with the following schedule'
LENGTH OF CITY SERVICE
!
One to four years, inclusive
Five' to fourteen years, inclusive
Fifteen to twenty-four years, inclusive
Twenty-five or' more .years
B I-WEEKLY ACCRUAL
3.08 hours
4.62 hours
6.16 hours
7.69 hours
b) A member must 'elect a vacation period of not' less than seven (7)
consecutive.calendar days commencing on the first dayof said member's scheduled
tour of duty, and no more than two (2} members per shift/platoon {including the
Platoon'Battalion Chief) may elect the same day on which to commence a vacation
periodl, provided that the vacation schedule as so provided shall be evaluated
annually 'to determine whether it provides a workable vacati°n plan to accommodate
the demand of the members and the needs of the service. If said schedule fails to
provide such a workable vacation plan, then the vacation provision shall be modified
to read as follows: "Vacations must be taken in one week increments which commence
on Mondays. Under no circumstances shall more than two members per shift be on
vacation at the same time."
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4. Holidays. Because the Fire Department operates on.a twenty-four (24)
hour day, seven (7) days a week basis, it is not feasible to grant shift personnel
time off on City holidays. It is agreed, therefore, that in lieu of time off, all
shift personnel shall receive holiday pay. The amount of holiday pay and the
designated holidays are as follows-
a) Full-Day Holidays- For each of the followi.ng full-day holidays·
occurring within any given bi-weekly pay period, 'all 'shift personnel shall receive
as holiday pay an additional ten and Seven tenths percent (10.7%) of their bi-weekly
base rate of compensation, which shall include incentive premiums-
January 1
Third Monday in February
Last Monday in May
July.4
First Monday in September
Second Monday in October
November 11
Fourth Thursday in November
Fourth Friday in November
December 25
(New Year's Day)
(Washington's Birthday Observance}
(Memorial Day Observance)
(Independence Day)
(Labor Day)
(Col umbus Day)
(Veterans Day)
(Thanksgiving Day)
-(Day followi.ng Thanksgivi.ng)
(Christmas Day)
.Discretionary Holiday - One day per calendar year at employee's election
with approval of Department Head, said holiday to
be non-cumulative.
b) Half (½) Day HolidayS: For each of the following half (½) day
holidays occurring within any given bi-weekly pay period, all shift personnel
shall receive as holiday pay an additional five and thirty-five hundredths per-
cent (5.35%) of their bi,weekly base rate' of compe, nsation, which shall include
incentive premiums:
December 24 (four hours) (Christmas Eve)
December 31 (four hours) (New Year's Eve)
4.1. Personnel Scheduled to work on a City holiday but who are unable to do
so due to a job-related injury, shall remain eligible for payment in accordance
with this provision as long as he is not receiving compensation from other sources.
An employee unable to work a holiday 'due to illness'Or to an injury unrelated to
the job, shall also be compensated for the holiday pursuant, to this provision
provided that he submit to the department head a doctor's.certificate verifyi.ng
the illness or injury or file a certificate made byhis department head s°
verifying. 'If an employee does not ~Jork because Of sickness on the calendar day
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immediately preceding or immediately fol'lowi.ng a holiday, he shall file' with the
department head a dOctor's certificate verifYi.ng that he was unable to work
because of sickness or.file a certificate made by his department head so verifying.
5. Sick Leave. It is the intent of the parties to provide a Comprehensive,
integrated sick leave benefit plan for employees who, due to injury or illness,
are unable to perform their usual and customary duties. Benefits are provided
for both work connected and non-work connected injury and illness. Nothing
contained herein is intended to diminish the benefits which any federal or state
law mandatorily requires and the integrated sick leave benefit plan shall not
provide benefits in excess of those required bY state or federal law except .as
expressly provided herein.
-5.1. Definitions.
a) ~'ork Connected Disability. A work connected disability is defined
as an inj.ury'or illness entitling the employee to benefits pursuant to the Labor
Cede of the State of California, Sections 4850, et seq.
b) Non-WOrk'COnnected'Disability: A non-work connected disability
is a residual category and is defined'as any injury or illness that does not
qualify as a work connected disability or defined in Section 5.1(a)~
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5.2. Sick LeaVe'Benefit.
a) Ninety (90) ,Calendar Days- All permanent and probationary employees
in Unit 6, except thOse who work less than 'full-time, shall be entitled to
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receive base' salary and any applicable incentive pay under Exhibit "C" for a
period not to exceed ninety (.90) calendar days from the commencement of either
a work connected or non-work connected disability as compensation for sick leave.
For work connected disabilities, said compensation is in lieu of any temporary
disability 'payments the employee'may be entitled to receive from Workers'
Compensation or other income supplement sources existi.ng by reason of the
·
employee's employment by the City..In addition, duri.ng said ninety (90)
calendar days or any portion thereof, the City will pay the.agreed premiums
for health, dental and life insurance. After the eXpiration of ninety (90)
calendar days from the commencement.of either a work connected or non-work
connected disability, the City will pay the employee, at the employee's option,
any accrued vacation' time.
b) Aft,er The Expiration Of Ninety (~9O) calendar Days- At any time
after the expiration of ninety (90) calendar days and before the.expiration of
three hundred sixty-five {365) calendar days from the commencement of either a
work connected or non-work connected disability, the City shall review the
disability and make the applicable determinations hereinafter Set forth, which
are .subject to appeal by the employee.
1, Work Connected Disability: If the disability is work connected, City
shall determine whether {a} said disability is'permanent and stationary and in-
capacitates the employee for performance of dutY;. {b) the employee should be
retired for disability, or; (c) the employee should be g~anted a'leave of absence
for an original' period not to exceed three hundred sixty-five '{365)'calendar days,
which period is subject to a reasonable extension. If City determines that the
disability is permanent and stationary and same incapacitates the employee for
the performance of duty, City may retire the employee for said disability and the
employee shall receive the benefits of Labor Code, Section 4850, for the period
of such disability but not. exceeding one {1} year, or' until such earlier date as
he is retired on Permanent disability pension, and said benefit is in lieu of any
temporary disability payment the employee is entitled to receive from Workers'
Compensat.ion or other income sources existing by reason of employee's employment
by City, including but not limited'to eligibility to receive long-term-disability
benefits provided by City. From the effective date of the disability retirement
and thereafter to the .age limits set forth in the long-term disability policy,
the employee shall be eligible to receive the long-term disability benefits in
accordance with its terms and conditions. If the City determines that the employee
is incapacitated for the performance of duty but the medical prognosis indicates
an ability to return to duty within said period of three hundred sixty-five {365)
calendar days or a reasonable extension thereof, then the City may grant the
employee a leave of absence for said determined period and the employee shall
receive the benefits of Labor Code, Section 4850, up to and includin§ the end
of said leave of absence, except that 'said benefit shall not exceed an accumulative
.period of one (1) Year for said disability and said benefit is in lieu of any
temporary disability payments the employee is entitled to receive for Workers'
Compensation. or other ~income sources existi.ng by reasons of the employee's employ-
ment by City, including b~.t not limited to the el.igibility to receive long-term
disability benefits. If the accumulative one-year period of the-said Labor Code
benefit expires before the determined leave of absence period, the employee
shall be eligible to receive the lo.ng-term disability benefits, in accordance
With its terms and Conditions, from and after expiration of said Labor Code
benefit to the termination date of said leave of absence. If the leave of
absence as aboVe described is granted and renders the employee incapable of
performi.ng his duty, then City may at any time' thereafter during said leave of
absence retire the employee for disability as hereinafter stated. City shall
._
Pay the .agreed premiums for health,.dental, life and vision-insurance up to
the date of said disability retirement or termination date of said leave of
absence,-whichever is applicable.
2. Non-Work COnnected Disability- If the disability is not work connected,
City shall determine whether (a) said disability incapacitates the employee for
performance of duty and is permanent and stationary; (b) the ~employee should be
granted a leave of absence for the original period not to exceed three hundred
sixty-five (365) calendar days, which may be reasonably extended, or; (c) retired.
for disability. If the employee is incapacitated for the performance of duty and
the disability is permanent and stationary, the City may retire the employee for
,
said disability.or otherwise separate said emPlOyee from the City's service and
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the employee is.el.igible to receive long-term disability ben,fits in accordance
with its terms and conditions. If the City determines that the employee is in-
capacitated for the Perfor. mance of.duty but the medical prognosis indicates an
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ability to return to duty within a period of three hundred sixty-five (365) calendar
days or a reasonable extension thereof, then the City may.' grant the employee-a
leave' of absence for said determined period and'the employee shall be eligible to
receive lo.n~-term disability benefits in accordance with its terms and Conditions.
If the leave'of.absence as above described is granted and ~the disability becomes
permanent and stationary during said leave.of absence period and renders the
employee 'incapable of performing his duty, then the' City may at any time there-
after duri.ng said leave of absence retire the employee for disability as herein-
above stated. -City shall pay the .agreed premiums for' health, dental, life and
vision insurance up to the day said leave of absence expires or the date of
disability retirement; whichever is applicable.
c) Sick leave, as set forth in Panagraph '5 and the several subsections
·
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thereof, is defined as the period of time during which the employee suffers actual
personal illness or disability which necessitates his absence from employment and
it is.not a right or'privil.ege'to be used at the unqualified discretion of the
employee.' The employee m'ust suffer an actual personal illness or disability which
necessitates his absence from employment and to be entitled to compensation for
said sick' leave must satisfy the cOnditions hereinafter set forth. The compensation
for sick leave set forth in Paragraph 5 and the subsections thereof'is the only
compensation for sick leave which the City will pay beginning with said election.
1. The employee must notify his or her ~mmediate supervisor prior to the
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commencement of the daily work period for which compensated Sick leave is so. ught;
provided that those employees serving on shift assignments must nOtify superiors
,.
prior to the shift, in accordance with departmental policy. .
2. Each employee on sick leave must produce evidence satisfactory to the
City describi.ng the nature of the illness and such eVidence may be in the form
of a personal"affidavit or shall be in .the form of a City certification completed
and signed by'a medical doctor i.f~reques.ted by a Battali°n Chief with.a reason
and prior.notice to the employee; provided that the City reserves the right to
take such action .it deems necessary to confirm or verify actual illness or
disability; provided further, that in the event that the employee is ill or
disabled for more than one work shfit, then the"employee shall present to the
City, before returning to work, a certification by a medical doctor describi.ng
the nature or extent of the illness or disabilitY and confirming that the
employee has fully recovered and is able to,perform regular work without any
.
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restrictions. ' '
5.3 'Preservation Of'Certain Accrued'Benefits. Beginni.ng with the date upon
which the election of the ninety (90) day sick leave benefit was made, employees
.
shall not be entitled to accumulate unused sick leave. In accordance with the City's
Personnel Rules and Regulations in effect' as of the date the ninety (90) day sick
leave benefit took effect, each employee will be entitled to payment upon leavi.ng
the City's service, or upon request, may defer such payment for a period of time
not to exceed three hundred sixty-five (365) calendar days of sick leave accumulated
prior to the date of election, based.on salary at retirement for fifty percent
(50%) of the days of accumulated sick leave, which accumulated days of sick
leave shall not exceed one hundred twenty (120) days. Said right to payment
is deemed a property might which shall not be taken from the employee without
mutually .agreed upon consideration. If state or federal legislation is enacted
into law then mandati.ng a percentage other than fifty percent (50%) described
herein, then such mandated percentage shall supersede the percent, age described
herein.
6. Medical Leave. An employee may be authorized to leave, without loss
of pay, for .appointments with medical doctors and dentists, subject to' the
fol 1 owi ng-
a) If itcan be demonstrated that the appointment could not be
reasonably scheduled on a non-duty day. ~.
b) All such leave must receive prior approval 'from the Fire Chief.
c) Such leave shall be authorized only for the actual time necessary
for the appointment and for travel i.ng to and from the appointment.
d) Employee .shall be required to submit a-personal affidavit describing
the nature and need of such visits. .The City reserves the'might to confirm or
.... verify any appointment for which such leave is authorized.
7. .Emergency Family' Leach.
a) Each employee may take leave without loss of pay for up to three
(3) calendar' days per calendar year for emergency situations where an immediate
family member must receive immediate medical attention due to a sudden, serious
and actual sickness or disability ~(excluding routine or scheduled doctor's
appointments). Employees shall be required to submit a doctor's certification.
b). Each employee may take leave without loss of pay for the purpose
of attendi~ng the funeral of any member of his immediate family, as defined
hereinafter, for a maximum period of three (3) calendar days per occurrence
within the State of California and five (5) calendar days per occurrence
outside the State of California.
~ c)' As used herein, "immediate family" is defined to be spouse, parents,
brothers,'sisters, grandparents, 'child, father-in-law, mother-in-law, brother,in-.
· .
law, s.ister-in-law, daughter-in-law or son-in-law. In addition, the City Manager
may grant the above described leave in the event of the illness'or disability or
funeral of someone other than those p~ersons designated, if, in the City Manager's
~opinion, there exists an'extraordinarily close relationship"between employee and
such person.
8. Insurance. ·
~a)' Health: The City shall provide a fully paid health insurance plan
for permanent full-time employees and their eligible dependents with the option
available to the employee to select the plan known 'as the Kaiser "S" Plan or the
Bay Pacific Health Plan, during the term of this Memorandum of Understanding.
b) Dental- The self-insured program of dental c~re benefits existi.ng
as of April 1, 1979, shall be continued duri.ng the term of this Memorandum of
understanding.
c) Vision Care Plan- The City shall provide for permanent full-time
employees and their eligible dependents the Group Vision Care Plan, dated Jaunary,
1975, designated VSP Plan B, Employee and Dependents , . wi th a'~ten dollar ($10)
·
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deductible duri.ng the term of this Memorandum of Understanding.
d) Long-Term Disability Insurance· 'A long-term disability insurance
plan which, subject to the terms and conditions thereof, shall provide for payment
of up to two-thirds (2/3) of base salary during disability and shall be continued
at the current benefit levels during the term of this Memorandum of Understanding.
13.
9. Retirement. The benefit contract C°monly referred to as the 2% at
Age 50 Formula in effect between the City and 'the Public Employees' Retirement
System (PERS) in behalf of eligible permenent full-time employees of this Unit
as of December 19, 1980, shall be Continued duri.n§' the term of this Memorandum
of Understandi.ng. ~
10. 'Reti'red'PerSonnel Health'Insurance'Plan. City shall provide a health
insurance Plan for employees who are i~reti red on a disability.or service retire'
ment, and only such employees, and City shall pay all premium costs until the
employee becomes gainfully employed as defined' hereafter. "Gainfully employed"
as used herein is defined as employment or self-employment, which produces, gross
~ income for the individual in an amount in'excess'of twenty-five percent (25%)
of the applicable salary range then bei.ng paid to the classification said employee
last held with the City, or for'a comparable classification if said classification
has been abolished. To be entitled to receive such health insurance after retire-
ment, the employee must elect, in-writing, to have such coVerage prior to his or
.... her .retirement.
11' Deferred~Compensation. All permanent full-time employee~ are eligible,
subject to the terms and conditions thereof, to' participate in the City of South
San Francisco Deferred Compensation Plan.
12. Like Work for'Like Pay. An employee assigned to the duties of a first-
line supervisor or above shall be paid the salary of the position he performs.
First-line supervisory employees and above ass. igned to duties of a higher classifi-
cation shall not be paid the salary of the higher classification unless they serve
in the capacity for thirty (30) days or more, in which event they shall receive the
pay of the higher classification commencing with the first day of said thirty (30)
day service.
13. Rest Periods. One coffee break shall be permitted between 8:00 a.m. and
12 Noon and one between 1:00 p.m. and 5-00 p.m. during the normal work shift under
circumstances which will not interfere with the minimum required manning and
the efficient function of the Fire Station.
14. Overtime Pay. "
a) Definition: Employees shall be entitled to overtime compensation
for overtime hours worked and authorized in advance by the Chief or his designee.
Overtime shall be in accordance with Section 5.04 of the Personnel Rules and
Regulations except as modified by this Memorandum of Understanding.
~b) Recording of Time' Time worked shall be recorded in accordance with
Section 5 04 (c) of the PersOnnel Rules and Regulations.
c) Overtime Rate- Time and one-half-(1½) at forty (40) hour'week rate
for first eight (8) hours, and straight time at fifty-six (56) hour week rate for
the balance of hours worked; except for compensable time under Section 14(f).
Under Section 14(f), all time shall be compensated at time and one-half (1½) the
forty (40) hour week rate.
d) Non'Emergency Call-In: Employees called in on a non-emergency basis
shall .be entitled to pay for time worked commenci.ng with the time they report for
duty..
e) Hold-Over' Employees held over past the end of their shift shall
be paid for time worked concludi.ng with the time they are properly'relieved.
f) Emergency Call-In' Employees responding to an eme. rgency alarm or
other emergency, call-ins, shall be entitled to pay for time worked commencing
with the time of call and ConclUding with 'the time they are released from duty
by the Chief or his designee. Employees who respond to emergency call-ins that
do not immediately precede or follow their r. egularly scheduled work shift, shall
receive a minimum of two (2) hours' pay.
15.
15. Uniform'Reimbursement. Each employ~e in Unit 6 shall be eligible
~each fiscal year for reimbursement of the purchase price of approved uniform
items up to a total of two hundred fifty dollars ($250). Claims procedures
and the method and manner of reimbursement shall be as prescribed by the Fire
Chief.
16. Employees Covered. The provisions of this Memorandum apply to the
emplOYees represented by Unit 6 - International· Association of Firef. i§hters
..
of America, Local 1507, AFL-CIO.
17. Modification. This Memorandum of Understanding shall supersede all
existing and'prior Memoranda of Understandi.ng between the Ci'ty and Unit 6 and
conflicting Personnel. Rules, Regulations, Resolutions and Ordinances.
18. Dispute. Any dispute over an interpretation of this Memorandum shall
be processed in accordance with the procedures set forth in the City's Employee
Grievance Procedure. "
IN WITNESS WHEREOF, the parties hereto have executed this Memorandum of
Understanding in the.City of South San Francisco on this ~ll~ day of ~~.~-~/~ ,
1981.
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C i. TY qEPRESENTAT.~IVES .
, . ,,.i..i..- //"~
prOVed by City Council Resolution
No. 155-81 adopted 12/16/81"
EMPLOYEE REPRESENTATIVES.
16.
EXHIBIT "A"
AMENDMENT 2-77
TO
MEMORANDUM OF UNDERSTANDING
UNIT 6 - INTERNATIONAL ASSOCIATION
OF FIREFIGHTERS OF AMERICA,. LOCAL
1507, AFL-CIO
July 1, 1976 - June 30, 1978
Except for Surviving Provisions
2. Retirement and Salary Relationship -'Total 'Compensati?n. Members of
Unit 6 desire to obtain the substantial benefits of the 2% Age 50 Public Safety
Retirement Formula by having City amend the PERS Agency contract to so provide.
City does not desire to so amend because (1) City now provides the ½ Age. 55 Public
Safety Retirement'formula which includes members of Unit 6, Fire Department personnel
not presently members of said unit and future public safety Fire Department personnel,
all at an agency contribution rate City is presently willing to pay when considered
in relation to cost of salaries and other benefits which Constitute total compen-
Sation, and (2) in accordance with applicable retirement laws, such amendment will
cause City to incur an increase in the .agency contribution rate of all public
safety personnel (Fire and Police), which increase in cost of total compensation
(including but not limited to salaries, retirement and other benefits)City is un-
willing to incur. Members of Unit 6, for the purpose'of establishing a reasonable
City cost. for said' total compensation and, therefore', to induce City to so amend
the PERS .contract (1) propose and .agree, pursuant to Government Code Section 3500,
et. seq,, to establish a New Base Salary and furnish the assurances described below
which City may require as a condition precedent to the PERS contract amendment,
and (2) make the representations described below as the basis for a condition
precedent which City may require prior to the PERS contract amendment.
Exhibit "A" to Unit 6 Memorandum of
~ 'Understanding for July 1, 1981 -
June 30, 1982
1.
2. i New Base Salary.
· ,
2.1.1 Establishment of'New'Base Salary.: In 1977-78, a New Base Salary
for Firemen represented by Unit 6 is hereby established, same to be effective
on November 11, 1977. Said New Base Salary shall be computed'as follows: (1)
.
Add to each said Fireman's 1976-77 bi-weekly salary range, 6'5% thereof, which
is the annual percentage change in cost of livi.ng as reflected in the Bay Area
Cost of Living Index 'for the precedilng completed annual index period (April 1976 -
April, 1977); and. (2) then deduct from that total 7.44% thereof, said percentage
being the ~ifference between the City's total compensation cost for the ½ @ Age 55
Retirement Formula and'the 2% @ .Age 50 Retirement Formula for public safety members
(Police and Fire).
2.1.2' Significance and Use of New Base Salary - Survival of Provision.
·
This provision states' the significance and use of'the New Base salary, also referred
to as Base Salary, established pursuant to Panagraph 2.1.1 of this Memorandum of
Understandi.ng for future related actions. This provision' shall survive the term
of this Memorandum of Understandin§, which term is set forth in Paragraph 1,
.and shall run concurrently with the period for which the 2% @ Age 50 Public Safety
Retirement Benefits are applicable to eligible firemen'in accordance with PERS
rules and regulations,'including those firemen appointed after the effective date
of this Memorandum of Understandi.ng. Each of the following sub-par, agraphs may be
read in conjunction with one or more of the other sub,paragraphs and with this
Memorandum of Understandi.ng to interpret .this provision.
..
(a) Base Salary i~or fiscal year 1977-7'8 shall be the salary established
pursuant to paragraph 2.1.1 of this Memorandum of Understanding and changes therein
in subsequent years or other times by Memorandum of Understanding or otherwise
shall be designated "Amended Base Salary."
,
Exhibit "A" to Unit 6 Memorandum of
Understanding for July 1, 1981 -
June 30, 1982
(b) Changes in the Base Salary or Amended Base Salary, whichever
is applicable, shall not be based on the fact that deduction set forth in
Paragraph 2.1.1{2) of this Memorandum of Understanding was made to compute
same or based on the amount of said'deduction. City may refuse to consider
the fact of said deduction'or the amount thereof in future negotiations as a
basis for increasing the Base Salary or Amended Base Salary, and said refusal
shall not'be deemed a refusal to meel~ and confer in good faith or otherwise
violative of theMeyersJ~4ilias-Brown ~kc't (Government Code Section 3500, et seq.).
{c) The Base Salary or Amjnded Base Salary, whichever is applicable,
results in a comparison difference between said salary and the salaries of other
departments as well as the salaries of firemen in'comparable agencies. If said
comparison difference equals or is less than 7.44%, it shall not serve as 'the
sole basis for negotiations related to salary'benefits or other terms and
conditions of employment or increases or adjustments to equal or approximat~
salaries, benefits or other terms and conditions of employment for other City
departments or comparable .agencies, or to otherwise· increase said salaries.
If the comparison difference equals or is less than 7.44%, City may refuse to
consider same as a· basis for increasi.ng the Base Salary or Amended Base Salary
and said refusal shall not be deemed a refusal to meet and confer in good faith
or otherwise violative of the Meyers-lqilias-Brown Act. (Government Code Section
3500 et seq.).
(d) If an increase by .reason of cost of living or otherv~ise is
authorized by an approved Memorandum of Understanding or 'otherwise, said
increase in an amount or percentage shall be applied to the Base Salary or
Amended Base Salary, whichever is then in effect.
3,
Exhibit "A" to Unit 6 Memorandum of
Understanding for July 1, 1981 -
June 30, 1982
(e) ~If a general department decrease'or City-w~de decrease in salaries
is authorized by an approved Memorandum of Understandi.n§ or otherwise, the amount
of decrease or'adjustment or percentage thereof shall be applied to the Base Salary
or Amended'Base Salary, whichever is then in effect. -
2.1.3 Assurances'by Firemen~Not Members'of Unit'l'or'6. In addition to the
acceptance and approval of Paragraph 1 and the subpar, agraphs thereof of this Memo-
randum of Understanding by vote of the'membership, each fireman who is not
represented by Units'l or 6 shall sub'scribe the acceptance and assurance to be
attached hereto as Exhibit "A" and incorporated herein'by this reference as if
set forth verbatim. Firemen appointed after the effective date of this Memorandum
of Understandi.ng shall subscribe to a similar acceptance and assurance as a term
and condition of employment.
2.2 Representations Re~arding Fire Department. Personnel Who Are Not Members
_of Unit 6. The representations of Unit 6 and members'thereof rePresent to City
that Fire Department personnel members of Unit 1, who 'are not'represented by
Unit 6, desire the benefits of the 2% @ Age 50 Public Safety Retirement Formula,
the'establishment of a oNew Base Salary computed for them and each of them by a
formula substantially similar to that set forth in'sub-par, agraph 2.1.1 and 2.1.2
of this Memorandum of. Understanding, as an inducement for the City to amend the
PERS contract to so provide and have assured representatives of Unit 6 that each
of them will support '~n amendment to their Unit Memorandum of Understanding, dated
the 30th day of June, 1975, and any related salary resolutions to so provide,
.
and further represent that they will execute an Acceptance and Assurance
substantially similar to Exhibit "B" which is to be attached hereto.
Exhibit "A" to Unit 6 Memorandum of
Understanding for July 1, 1981 -
June 30, 1982
2.3. City Agreement to Ame~nd the'PERS Contract. City, acti.ng on the'
inducements, assurances and representations' hereinbefore set forth, shall
amend the PERS contract to provide the 2% @ Age 50 Public Safety Retirement
Formula for Fire Department personnel when ~11 of the following have occurred.
.
· (a) This Memorandum of Understanding has been duly executed by the
representatives of City and Unit 6 and thereafter accepted and approved by the
members of Unit 6 and ratified by the' City Council.
(b) All of the public Safety PERS members who are not represented by
·
Units I and 6 have executed a similar acceptance and assurance and same has been
attached as Exhibit "A" to their Memorandum of Understand~.ng.
(c) Fire Department personnel members of Unit I - Management, have
successfully concluded an amendment to the Memorandum of Understanding for Unit 1,
dated the 30th day. of June, 1975, to provide a New Base Salary computed by a formula
substantially, similar to that set.forth in sub-par, agraphs 2.1.1 and 2'.1.2 of this
Memorandum of Understanding and attached or cause to be attached to said amending
Memorandum of Understandi.ng and Acceptance and Assurance substantially similar to -
Exhibit "B" which is to be attached to this Memorandum of Understanding.
Exhibit "A" to Unit 6 Memorandum of
Understanding for July 1, 1981 -
June 30, 1982
EXHIBIT "B" /'
SALARY RANGE LISTING
CLASS
Firefighter
BASE RANGE
(Effective 7/1/81-
Retro only to 9/25/81)
887F
(2.5%) 910F
(5.0%) 932F
(7.5%) 954F
RETIREMENT RANGE
(Effective 1/1/82)
949F
(2.5%). 973F
(5.0%) 997F
(7.5%) 1021F
Pa ramedi c/Fi refi ghter
Fi refi ghter/Pa ramedi c
931F
(2.5%) 955F
(5.0%) 978F
(7.5%) 100iF
996F
(2.5%) 1021F
(5.0%) 1046F
(7.5%) 1071F
Fire Captain
1076F
(2.5%) 1103F
(5.0%) 1130F
(7.5%) ll57F
1151F
(2.5~) ~80F
(5.0%) 1209F
(7.5%) 1238F
Exhibit "B" to Unit 6 Memorandum
of Understanding for July 1, 1981-
June 30, 1982
~.~L 1¥ Ui' SOUTti SAN FRA?ICISCO
EDUCA'rIo~'t II'iCE}ITIVE PAY PLAi. I
_
· COMPROMI$£
· .
POL'[ CE DF.P^RTI.IEI. II'
· .
I Three years minimum' service and rio .
accredited units- Assoc'iate Arts ..
De§rea, or P.O.S.T: Intermed-iate
.within 'the scope of the Administrat'ion
--. of Justice.. ~' ·
o.
· . - Plus
.
·
.Z-.-Completion of.seven years of service' . with the City of South.Sfn ?anc/sco'
' "- Plus 2~%-.. "
.. ~
3.,' C0mP!e¢~oa of seven years of service
.- and 60 accredited units, Associate
"' · Ar~s Degree, .or P.O~SJT. Intermedidte
.~ert}ficate in related education
.-:'~{thin the-scope of the Aclministration
r(:': f Justice. '--- '
--- a Plus 7z~%-'
.
with 'th~ C~y of South San Franc-isco
' :': - -'Plus 7~% - .-.--.
Jhree years rninimum servic~ and
40 accred'ited units or Assoe~e.
Arts Degree in'related educa-gio~
within the'scope of Fire ScienCe
or Fire 'fechno'logy.. . -- .
.
; -- - Plus 5% - i'
.
Completion of seven S'ea~ 'o'F' serviE't
with 'the City o'f Sou~h San Franciscc
Fire Department. - ..
-' ~ Plus 2~%- '
..
Completion of seven &'ears of service
and ~0 accredited units, or an .
..-.Assotiate Arts Degree in related
education witMn the scope o-F
Fire Science m- Fire lechnulogy.
- P'I us "' o,
4- Corapletion of fourteen years 6'~
· . service tfi th t.l~e City of Sou'~.h
Francisco Fire Department.
- Plus 7~% ~ "' '
o
o
[mployees from hath departments have from thei~~ third year to their fourteen-th, year to
qualify 'for the 5% for education. If by their fourteenth year they h,~ve.no-~ done so,
they are g~ven that 5% at the cpmplet-~on of their fourteenth year. ' -
ho;,/e¥~.r> St~"~ BO-
. . on~y apply to those employees prescitly w-ith the Police or
Fire 'Dope-+---*~, ~,;,=,,~, and not for any employee hired after tim effective dat~ of th~s
plan.
This ~. · .... "~ -
co,;p, o:,,~s_ a~reement ~./as reached on Auqus'~ 3, 1969 and is ]nuttm'll3, agreeable
bg'th tJ~e Police Department and the Fire Department. '
-1-
Exhibit "C" to Unit 6 M~m6randUm of
Understanding for July 1, 1981
June 30, '1982 ' '
:~l,ose elioible for the above describad plan are: all firemen, and all sworn police
,-~,°fFicers'. the police, technician and clerk and intron. ~lispatchers.' Excluded ~rom -'-.
~i ( 'plao are po~ce steno clerics, secretary, parking enrorcemenk o'F'ficer and
~'~e...,mni ca ti on c~ erk.· · ' -
All hose el~9~ble for the plan are nc~ longer eligible 'For the previousl~ adopte~
1or vity pay pro,ram, i.e-, $5-00 a month extra after 15 years, e'tc.
Effective date- July l, 1969.
.
· - .
_
~ .
·
·
- .
o. e
Exhibi~ '-'C" to Unit 6 Memorandum of
IJnderstandinct for July 1,198~ ". '
June 3.0,. 1982.. ~,, -.~,,, '