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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~ 7~ · 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 · - 16 16 18. Dispute · 16 Exhibit "A" - Memorandum of Understandi.ng re' 2% at 50 Retirement Plan - Exhibit "B" - Pay Range Listing .- 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~ .. . 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, ., 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. e 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. · 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." e 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 · 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)~ · 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 · 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 · 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 . 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 · . 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 ,. 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 . · 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) · · 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. · 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.. ~,, -.~,,, '