and Labor Agreement Covering Employees in the Fire Department Unit

Transcription

1 and Labor Agreement Covering Employees in the Fire Department Unit

2 Section TABLE OF CONTENTS Page PREAMBLE... 1 ARTICLE 1 RECOGNITION RECOGNITION... 1 ARTICLE 2 PREVAILING RIGHTS PREVAILING RIGHTS... 1 ARTICLE 3 CITY RIGHTS CITY RIGHTS... 2 ARTICLE 4 UNION AND EMPLOYEE RIGHTS USE OF OFFICIAL CITY PAID TIME FOR CONDUCTING ACTIVITIES OF INTEREST TO UNION PAYROLL DEDUCTIONS BI-WEEKLY WARRANTS AND DEDUCTIONS BULLETIN BOARDS COMMUNICATION SYSTEM ANNOUNCEMENTS AGENCY SHOP... 5 ARTICLE 5 GRIEVANCE PROCEDURE PURPOSE DEFINITIONS TIME LIMITS PRESENTATION EMPLOYEE RIGHTS APPLICATION INFORMAL DISCUSSION FORMAL GRIEVANCE - STEP FORMAL GRIEVANCE - STEP FORMAL GRIEVANCE - STEP ARBITRATION - STEP GENERAL ARTICLE 6 SALARY ADJUSTMENTS SALARIES SALARIES SALARIES SALARIES ARTICLE 7 SALARY ADMINISTRATION ORIGINAL APPOINTMENT COMPENSATION RATE ADVANCEMENT IN RATE OF COMPENSATION EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION RATE OF COMPENSATION UPON RETURN TO CITY SERVICE RATES HIGHER THAN STEP TOP STEP (Y-RATE) LONGEVITY PAY ARTICLE 8 HEALTH AND WELFARE CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES i

3 8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES AMOUNT OF CONTRIBUTION COVERED DEPENDENTS CASH-BACK LIMITS LIFE INSURANCE UNION REPORTING FLEXIBLE SPENDING ACCOUNTS RETIREES OR SURVIVOR DEPENDENTS RETIREES HEALTH SAVINGS ACCOUNTS ARTICLE 9 WORKING CONDITIONS FOR FIRE SUPPRESSION PERSONNEL DAILY HOUR VALUE WEEKLY ANNUAL REPORT HOLIDAYS SCHEDULE AND HOURS ARTICLE 10 WORKING CONDITIONS FOR FIRE ADMINISTRATIVE ASSIGNMENT ASSIGNMENT TO ADMINISTRATION WORKWEEK HOLIDAY BENEFIT FOR ADMINISTRATIVE ASSIGNMENT PAY CONVERSION OF LEAVE BALANCES OVERTIME ARTICLE 11 WORKING CONDITIONS FOR FIRE PREVENTION PERSONNEL FIRE PREVENTION OFFICERS FIRE INVESTIGATOR I FIRE INVESTIGATOR II OVERTIME COMPENSATION HOLIDAY BENEFIT VACANCIES MEAL TIME (8-HOUR DAY) LOCKERS COVERALLS SAFETY SHOES VOLUNTARY WORK FURLOUGH PROGRAM ARTICLE 12 ROLL CALL AND CALL-BACK ROLL CALL PREAMBLE PROJECTED AND DAY OF VACANCIES MAXIMUM WORK PERIODS AMBULANCE VACANCIES OVERTIME AND CALL-BACK PAY NOTIFICATION OF ROLL CALL CHANGES ARTICLE 13 SHIFT TRADING SHIFT TRADING ARTICLE 14 UNIFORMS AND COVERALLS UNIFORMS COVERALLS FOR EQUIPMENT SERVICING ACTIVITIES ARTICLE 15 INCENTIVE PAY FIRE EDUCATIONAL INCENTIVE PROGRAM PARAMEDIC LICENSE PAY AND ADVANCED LIFE SUPPORT (ALS) ASSIGNMENT ii

4 15.3 CONTINUING EDUCATION AND LICENSE FEES HAZARDOUS MATERIALS (HAZMAT) INCENTIVE ADMINISTRATIVE ASSIGNMENT PAY RESCUE INCENTIVE BOAT INCENTIVE MEDICAL QUALITY ASSURANCE TRAINING PAY AGREEMENT TO DISCUSS SPECIALTY PAYS ARTICLE 16 PHYSICAL PERFORMANCE EXAMINATIONS PHYSICAL PERFORMANCE ASSESSMENT/PROGRAMS ARTICLE 17 LEAVE BENEFITS SICK LEAVE VACATION ADMINISTRATION COURT LEAVE COURT LEAVE - NON-DUTY RELATED PREGNANCY DISABILITY LEAVE CATASTROPHIC LEAVE PLAN PERSONAL LEAVE BEREAVEMENT LEAVE ARTICLE 18 SPECIAL ALLOWANCES OUT-OF-CLASSIFICATION MILEAGE TUITION REIMBURSEMENT ARTICLE 19 LAYOFFS DEFINITIONS LAYOFFS RECALLS ARTICLE 20 DEPARTMENT SENIORITY LIST DEPARTMENT SENIORITY LIST ARTICLE 21 TRANSFERS REQUESTS FOR TRANSFER ARTICLE 22 DETAIL POOL DETAIL POOL ARTICLE 23 SAFETY AND HEALTH SAFETY JOB-RELATED INJURIES LIGHT OR LIMITED DUTY DISPUTES: ON-THE-JOB INJURIES GENERAL EXPOSURE TO CONTAGIOUS DISEASE IN THE COURSE AND SCOPE OF EMPLOYMENT MEDICAL EXAMINATIONS ARTICLE 24 RETIREMENT PERS RETIREMENT CONTRIBUTION PERS RETIREMENT PLAN iii

5 ARTICLE 25 TRANSPORTATION SACRAMENTO REGIONAL TRANSIT DISTRICT (SRTD) OTHER BUS TRANSPORTATION DOWNTOWN PARKING SUBSIDY DISCOUNTED PARKING RATES DRIVER LICENSE REQUIREMENTS ARTICLE 26 DISCIPLINE EMPLOYEE RIGHTS REMOVAL OF DISCIPLINARY RECORDS APPEAL OF LETTERS OF REPRIMAND DISCIPLINE APPEALS REFERRED TO ACCELERATED ARBITRATION PROCEEDINGS OR FORMAL ARBITRATION PROCEEDINGS ACCELERATED ARBITRATION PROCESS FORMAL ARBITRATION PROCESS TRIAL PERIOD EMPLOYEE PERFORMANCE COUNSELING PROBATIONARY PERIOD EXTENSION ARTICLE 27 MISCELLANEOUS NON-DISCRIMINATION REPAIR OR REPLACEMENT OF DAMAGED ITEMS OF PERSONAL PROPERTY SAVINGS CLAUSE FIRE RECRUIT PAYROLL ERRORS STATION EXPENSES TERM INDEX EXHIBIT A-1 Employee Payroll Deduction Authorization And Request EXHIBIT A-2 Employee Payroll Deduction For Union Dues/Agency Shop EXHIBIT B Repair or Replacement of Damaged Personal Property EXHIBIT C City Provided Items Per Article 27.6, Station Expenses iv

6 PREAMBLE This AGREEMENT, hereinafter referred to as the Agreement, entered into by the CITY OF SACRAMENTO, hereinafter referred to as the City, and SACRAMENTO AREA FIRE FIGHTERS, LOCAL 522, INTERNATIONAL ASSOCIATION OF FIRE FIGHTERS, AFL-CIO, hereinafter referred to as the Union, has as its purpose the promotion of harmonious labor relations between the City and the Union, establishment of an equitable and peaceful procedure for the resolution of differences and the establishment of wages, hours, and other terms and conditions of employment. 1.1 RECOGNITION ARTICLE 1 RECOGNITION a. The City hereby recognizes the Union as the exclusive bargaining agent for all employees in the Fire Department Unit, as defined in the City's Employer-Employee Relations Policy, and agrees to meet and confer and otherwise deal exclusively with the Union on all matters relating to the scope of representation pertaining to the said employees as authorized by law. b. The Union will not object to the State Mediation and Conciliation Service or the American Arbitration Association conducting any election pursuant to the City's Employer-Employee Relations Policy. 2.1 PREVAILING RIGHTS ARTICLE 2 PREVAILING RIGHTS a. The parties agree that this Agreement constitutes the entire agreement between the parties and concludes meeting and conferring on any subject, except as mutually agreed upon herein, or as otherwise mutually agreed upon, whether included in this Agreement or not. b. The City reserves the right to make organizational changes with notification to the Union. If the result of such changes affects wages, hours and/or conditions of employment, the City agrees to meet and confer regarding the impact of such changes. c. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated here shall be binding on any of the parties hereto. d. If any provision of this Agreement shall be held invalid by operation of law, or by any tribunal of competent jurisdiction or, if compliance with or enforcement of any such provision should be restrained by any said tribunal, the remainder of this Agreement shall not be affected thereby. 1

7 ARTICLE 3 CITY RIGHTS 3.1 CITY RIGHTS The City retains the exclusive rights, among others, provided by and in accordance with and subject to applicable laws, civil service, City Charter and other regulations, and the provisions of this Agreement, including the grievance procedure herein: (a) to direct employees of the Fire Department; (b) to hire, promote, transfer and assign employees in positions within the Department consistent with applicable classification specifications; (c) to dismiss employees because of lack of work or for other reasonable and just cause; (d) to reprimand, demote, suspend or discharge employees for proper cause; (e) to determine the mission of the Department, its budget, its organization, the number of employees, and the methods and technology of performing its work; and (f) to take whatever action may be appropriate to carry out its mission in situations of emergency. ARTICLE 4 UNION AND EMPLOYEE RIGHTS 4.1 USE OF OFFICIAL CITY PAID TIME FOR CONDUCTING ACTIVITIES OF INTEREST TO UNION a. Time Off to Participate in Scheduled Meeting and Conferring Sessions With City Management Representatives In accordance with California Government Code , and Article 4 of the City's Employer-Employee Relations Policy, the Union's duly designated "meet and confer" representatives shall be released from their duty assignments without loss of pay or other employment benefits, and without the obligation to furnish replacement personnel, in order to attend such scheduled "meet and confer" sessions with the City's management representatives. b. Union Time Off at City Expense Effective April 29, 2008, the Union shall be provided a "pool" of up to four thousand (4,000) hours per fiscal year for participating in activities not prohibited by law subject to the following conditions and limitations: (1) Such time off may be utilized by employees who are members of the Union. (2) There shall be no limitation on the number of hours that may be used by one person nor on the times during which these hours may be used. (3) Employees shall no later than twenty-four (24) hours before the use of pool hours notify the Fire Chief or his designated representative in writing thereof. 2

8 (4) The members of the Union using such time shall charge their downtime to Cost Center (5) Should the Union exceed the four thousand (4,000) allowable under Cost Center hours, the Union shall reimburse the City no later than the 10th day following the completion of the bi-weekly payroll period in which time is used for all hours away from the job on Union business, at the rate of 1.30 times the employee's regular bi-weekly hourly rate of pay for such hours. c. Time Off for Principal Executive Officer of IAFF #522 In addition to the provision previously set forth in this Article, the City agrees to allow the Principal Executive Officer of IAFF #522 unlimited shift trades with unlimited waivers by members so trading. In connection with shift repayments and waivers for the Principal Executive Officer time, the Union hereby agrees to indemnify, defend and hold the City and its agents harmless for liability, suits, and costs incident to such replacement and waiver to the extent authorized by law. (1) The employee shall no later than twenty-four (24) hours before the use of such time notify the Fire Chief or his designated representative thereof. (2) Time traded shall be in increments of a minimum of twenty-four (24) hours. (3) This Article shall not apply to any employee serving a probationary period. Said employee shall have permanent status in either of the following ranks: Firefighter, Fire Prevention Officer I and II, Senior Fire Prevention Officer, Fire Investigator I and II, Fire Engineer, Fire Captain, or Fire Battalion Chief. 4.2 PAYROLL DEDUCTIONS a. In addition to continuing existing payroll deductions under plans to which the City now is or shall hereafter be a contracting party, the City agrees to establish payroll deductions for members of the Union for: (1) the normal and regular monthly Union membership dues; (2) monthly insurance premiums for plans sponsored by the City or the Union, not to exceed three (3) insurance deductions per member; and (3) charitable contributions for the Firefighters Burn Institute. b. All the above payroll deductions shall be subject to the following conditions: (1) Such deductions shall be made pursuant to the terms and conditions set forth in authorization forms approved by the City. Such forms shall be those which are currently used. (Refer to Exhibits A-1 and A- 2.) Any changes or modifications shall be agreed upon between the City and the Union. 3

9 (2) Such deductions shall be made only upon submission to the Benefits Division, Department of Human Resources, of the said authorization form duly completed and executed by the employee and the Union. (3) The Union will be responsible for submitting to the Benefits Division the City payroll deduction input document listing any changes in the amounts to be payroll deducted from the paychecks of employees who have authorization forms on file with the City. (4) The Union agrees to indemnify, defend and hold the City harmless against any claims made of any nature whatsoever, and against any suit instituted against the City arising from its deductions for dues or insurance or other programs sponsored by the Union. (5) The City will remit to the Union a check for all of the deductions. 4.3 BI-WEEKLY WARRANTS AND DEDUCTIONS a. Except for payroll deductions requested by the employee in writing and duly authorized by the City as hereinafter provided, or required to be deducted by law or court order, the employee's entire pay warrant shall be made payable to the employee. b. Salaries shall be paid on a bi-weekly basis. No changes in the specific biweekly period or the corresponding payday now in effect shall be instituted by the City without first meeting and conferring with the Union. c. Changes in salary shall be reflected in the second regularly-issued pay warrant following the effective date of the change. d. The City shall mail the pay warrant to an employee if the employee (1) submits to the designated Fire Department payroll clerk in writing a signed request to the effect which shall include the following statement: "I hereby indemnify and hold the City, its officers, agents and employees harmless against any claim made or any loss or liability I or others incur on account of this request"; and (2) the employee provides the payroll clerk with a stamped, self-addressed 9-1/2 x 4 inch envelope in which to mail the pay warrant. 4.4 BULLETIN BOARDS The Union may, at its own expense, place one bulletin board not to exceed approximately 2' x 3' in size, in each fire station for the purpose of communicating normal and usual Union business to the membership. Specific placement of such boards within a station shall be subject to the approval of the Fire Chief. The officially designated Union representative in each station shall be responsible for maintaining such board. The Fire Chief reserves the right to prohibit the posting, and order the removal of, material that he reasonably concludes will be disruptive of the operations of the Fire Department. Claims of arbitrariness on his part in this regard shall fall under the grievance procedure 4

10 hereinafter provided. The Union will keep the Fire Chief notified in writing of the names of its designated representatives in each station. 4.5 COMMUNICATION SYSTEM ANNOUNCEMENTS Announcements of Union meetings and official business will be allowed over the communication system of the Fire Department. Such announcements will be held to a minimum and preferably made at noontime. Requests for such announcements will be made with ample time in writing to the Department. If time is a factor, requests may be made orally. 4.6 AGENCY SHOP a. General As a condition of continued employment, all career employees who are paid one (1) or more hours salary (including injury-on-duty time under the City Charter) during a bi-weekly pay period shall be a member of the Union or pay an agency shop service fee to the Union in an amount determined as set forth in subsection (b) below. No employee shall be required to pay the service fee during the first sixty (60) calendar days of employment. The inclusion of the classifications of Fire Battalion Chief, Fire Captain, Fire Investigator II, and Senior Fire Prevention Officer under this Section shall not be presented as evidence by either party in any future unit determination dispute before a neutral administrative body, an arbitrator, or a court of competent jurisdiction. The provisions of this Section shall remain in effect during the term of this Agreement and any mutually agreed upon extension of that term. b. Service Fee The service fee required in subsection (a) shall be an amount not to exceed the Union's uniformly-applied standard initiation fee, periodic dues and general assessments. In computing such amounts, the Union shall exclude expenditures for members-only benefits and Union expenditures for political and ideological purposes unrelated to collective bargaining, contract administration and grievance adjustment. Any dispute as to the service fee or the amount thereof shall be directed solely to the Union, and the City shall not be a party to the dispute. Both the service fee and the Union dues may be paid to the Union through payroll deductions as set forth in Section 4.2. There is no obligation on the part of the City to provide payroll deduction for the three (3) organizations listed in subsection (c). c. Religious Objection Any employee otherwise required to pay a service fee under this Section, and who is a member of a bona fide religion, body or sect which has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support any public employee organization as a 5

11 condition of continued employment. Such an employee shall be required as a condition of continued employment, in-lieu-of the service fee, to pay a sum equal to the service fee otherwise payable under this Section to a non-religious, non-labor charitable fund exempt from taxation under Internal Revenue Code Section 501(c)(3). Upon request of the Union, such employee shall be required to submit to the Union proof of payment of the in-lieu-of service fee. For purposes of this Section, such employees shall choose from the following three (3) organizations: United Way Combined Health Agencies Drive Firefighters Burn Institute Employees claiming a religious exemption shall be required to file a written statement under oath or affirmation with the Union, which identifies the religious organization by name, if any, and which provides in detail that the employee and the organization meet all of the requirements for claiming the religious exemption. d. Disclosure and Reporting The Union shall keep an adequate itemized record of its financial transactions and shall make available annually, to the City and to the employees covered by this Section within sixty (60) days after the end of its fiscal year, a detailed written financial report thereof in the form of a balance sheet and an operating statement, certified as to accuracy by its President and Treasurer or corresponding Principal Officer, or by a certified public accountant. The Union, if required to file financial reports under the Labor- Management Disclosure Act of 1959 covering employees governed by this Agreement, or if required to file financial reports under Section of the Government Code, shall instead provide the City with a copy of such financial reports. e. Hold Harmless The Union shall promptly refund to the City any amounts paid to the Union in error under this Section. The Union expressly agrees to indemnify and hold the City harmless from any and all claims, demands, costs (including any costs incurred by the City in defense of a lawsuit), expenses, damages or other monetary losses arising out of or in any way connected with any action or inaction of the City in the adoption or administration of this Section. This hold harmless and indemnity agreement shall include but not be limited to employee legal actions of any sort or nature against the City based upon or related to this Section. Further, in the event that the City undertakes disciplinary action against an employee pursuant to this Section, this hold harmless and indemnity agreement shall cover all costs and expenses, including any costs incurred by the City in defense of a lawsuit. 6

12 f. Change in Law In the event there is a change in the law whereby any provision hereof becomes invalid or if for any reason any provision of this Section is rendered unlawful by any published appellate court decision, this Section shall be forthwith deemed amended to comply with the change or decision in question. g. Discipline Procedure No employee shall be terminated under this Section unless: (1) The Union first has notified the employee by letter, explaining that he/she is delinquent in not tendering the required service fee, or payment in-lieu-of service fee pursuant to subsections (c) and (d) above, specifying the current amount of the delinquency, and warning the employee that unless such service fee, or payment in-lieu-of service fee, is tendered within thirty (30) calendar days, the employee will be reported to the City for termination as provided in this Section; and (2) The Union has furnished the City with written proof that the procedure of subsection (1) above has been followed, or has supplied the City with a copy of the letter sent to the employee and notice that he/she has not complied with the request. The Union must further provide, when requesting the City to terminate the employee, the following written notice: "The Union certifies that (employee's name) has failed to tender the agency shop service fee, or payment in lieu of service fee, required as a condition of employment under this Agreement and that under the terms thereof, the City shall terminate the employee." No employee who is on injury-on-duty time under the City Charter shall be terminated under this Section. h. Duty of Fair Representation The Union shall accord fair representation in all matters to all employees in the unit without regard to whether the particular employee is a member of the Union. The duty of fair representation shall include but not be limited to all matters related to collective bargaining, discipline, contract administration, and grievance processing. i. Employee Rights Employees covered by this Agreement shall have all rights specified in Government Code Section (b). 7

13 ARTICLE 5 GRIEVANCE PROCEDURE No matter shall be considered as a grievance under this Article unless it is presented in writing within thirty (30) calendar days after occurrence of the events on which the grievance was based. With the consent of the City's third step representative the thirty (30) day time limit for filing grievance may be extended. 5.1 PURPOSE a. This grievance arbitration procedure shall be the exclusive process to resolve grievances as that term is defined under subsection (a) of Section 5.2 below. b. The purposes of this procedure are: 5.2 DEFINITIONS (1) To resolve grievances informally at the lowest possible level. (2) To provide an orderly procedure for reviewing and resolving grievances promptly. a. A grievance is a good faith complaint of one or a group of employees, or a disagreement between the City and the Union, regarding the interpretation, application or enforcement of the express terms of this Agreement, or such provisions of the City's ordinances, resolutions and Civil Service Rules, and such directives of the Fire Department, as fall within the scope of representation, except to the extent that the City Charter vests jurisdiction elsewhere, in which event only such Charter-provided procedure may be used; and provided that disputes as to whether a matter is subject to this procedure shall not be determined pursuant to the provisions of this procedure. b. As used in this procedure the term "immediate supervisor" means the individual who assigns, reviews and directs the work of an employee. c. As used in this procedure the term "party" means an employee, the Union, the City or their authorized representatives. 5.3 TIME LIMITS a. Each party involved in a grievance shall act quickly so that the grievance may be resolved promptly. Every effort should be made to complete action within the time limits contained in the grievance procedure, but with the written consent of all parties the time limitation for any step may be extended. b. If the City does not meet time limits, the Union may process the grievance to the third step of the grievance procedure, and a hearing will be held within seven (7) calendar days. If no answer to a third step grievance is forthcoming within the appropriate time limits and no mutual agreement to extend the time limits in writing has been made, then the grievance will be granted in favor of the Union at the third step. 8

14 5.4 PRESENTATION An employee and/or the Union representatives, may present a grievance while on duty, provided such use of on-duty time shall be kept to a reasonable minimum. 5.5 EMPLOYEE RIGHTS The employee retains all rights conferred by Sections 3500 et seq., of the Government Code or Civil Service Rules and Regulations of the City unless waived by such employee. 5.6 APPLICATION Grievances as defined in Section 5.2 shall be brought through this procedure unless the City Charter vests jurisdiction elsewhere. 5.7 INFORMAL DISCUSSION The grievance initially shall be personally discussed between the grievant and his/her immediate supervisor. The grievant may have in attendance, and be represented by, the Union representative. Within seven (7) calendar days, the immediate supervisor shall give his/her decision or response. 5.8 FORMAL GRIEVANCE - STEP 1 If after discussions with the immediate supervisor, the grievant does not feel the grievance has been properly adjusted, the grievance may be reduced to writing, on the prescribed form. The grievance statement shall include the following: a. A statement of the grievance clearly indicating the question raised by the grievance and the article(s) and section(s) of this Agreement, or such City ordinances, Resolutions, Civil Service Rules and such Fire Department directives that apply as applicable under Section 5.2(a) above. b. The remedy or correction requested of the City. c. The grievance form shall be signed by the grievant, the date and time of presentation affixed thereto, and signed as received by the Fire Deputy Chief in charge of Human Resources or designee. If the grievant is to be represented by the Union, the President of the Union or his designee shall also sign the grievance form to substantiate acceptance of such representation. d. The Fire Assistant Chief shall assign the first level review to the employee's Fire Battalion Chief, or Fire Assistant Chief if applicable, who will give his/her answer in writing to the grievance within seven (7) calendar days from the time he/she received the grievance in writing. The written statement shall include: 9

15 (1) A statement of the Fire Battalion Chief's, or Fire Assistant Chief if applicable, position and the facts upon which it is based. (2) The remedy or correction which has been offered, if any. 5.9 FORMAL GRIEVANCE - STEP 2 a. If the grievant is not satisfied with the decision rendered pursuant to Step 1, he/she may appeal the decision within seven (7) calendar days to the Fire Chief, or his designee. The hearing of the grievance will be held within seven (7) calendar days of the second step appeal. The grievant may be represented by the Union representative. The grievant, the Union representative, and designated Department representative will meet in an effort to settle the matter. b. Within fourteen (14) calendar days of the second step hearing, the Fire Chief, or his designee, shall respond in writing to the grievant. c. If the grievant is not satisfied with the decision rendered pursuant to Step 2, he/she may appeal the decision within seven (7) calendar days to the City's Office of Labor Relations FORMAL GRIEVANCE - STEP 3 a. The Union's representative and the designated representative of Labor Relations will meet to hear a grievance appealed to the third step. A grievance appealed to the third step of the grievance procedure shall be heard within fourteen (14) calendar days after the appeal to the third step of the grievance procedure. b. A written answer will be made within ten (10) standard workdays after the hearing, stating the City's position ARBITRATION - STEP 4 a. If the City's designated representative fails to respond in writing as provided in Step 3, or if the response is not satisfactory to the grievant, the grievant shall have the right to refer matters to binding arbitration. Such referral shall be made by written demand submitted to Labor Relations within fourteen (14) calendar days of receipt of the third step answer. b. An arbitrator may be selected by mutual agreement between the Union representative and the City's representative. c. Should the representatives fail to mutually agree on an arbitrator they shall make a joint request to the American Arbitration Association, or the State Mediation and Conciliation Service, for a list of five (5) qualified arbitrators. The parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin. 10

16 d. It is understood that the arbitrator will only interpret this Agreement or documents as cited in Section 5.2(a) above, and will in no instance add to, delete from, or amend any part thereof. The arbitrator's decision shall be final and binding on the City, the Union and grievant. e. All fees and costs of the arbitrator and court reporter, if any, will be borne equally by the parties. f. Either party to this Agreement shall, upon receipt of a written grievance, have the right to refuse to handle such grievance if the aggrieved party has not followed the steps outlined in this Article for processing a grievance GENERAL a. The Union representative shall have the authority to settle grievances for the Union or employees at the respective steps of the grievance procedure. b. At each step of the formal grievance procedure, a copy of the written decision shall be sent to the Union or other authorized representative at the same time as the decision is sent to the grievant SALARIES ARTICLE 6 SALARY ADJUSTMENTS Effective December 27, 2014, the salary for the classifications listed below shall be adjusted as follows: Firefighter 5% Fire Engineer 5% Fire Captain 5% Fire Investigator I/II 4% Fire Battalion Chief 4% Fire Prevention Officer 3% Senior Fire Prevention Officer 3% SALARIES Effective December 26, 2015, the salary for the classifications listed below shall be adjusted as follows: Firefighter 4% Fire Engineer 4% Fire Captain 4% Fire Investigator I/II 3% Fire Battalion Chief 3% Fire Prevention Officer I/II 2% 11

17 Senior Fire Prevention Officer 2% SALARIES Effective December 24, 2016, the salary for the classifications listed below shall be adjusted as follows: Firefighter 3% Fire Engineer 3% Fire Captain 3% Fire Investigator I/II 2% Fire Battalion Chief 2% Fire Prevention Officer I/II 2% Senior Fire Prevention Officer 2% SALARIES There shall be no scheduled salary increases during Fiscal Year The parties agree to meet and discuss salary increases for FY no later than January 31, Any modification must be by mutual written consent and the discussions are not subject to the Charter impasse procedures. ARTICLE 7 SALARY ADMINISTRATION 7.1 ORIGINAL APPOINTMENT COMPENSATION RATE The rate of compensation upon original appointment shall normally be Step 1, as applicable. However, if the City Manager or designee finds that the appointee has extraordinary qualifications, or that a higher step is necessary in order to recruit, appointment at any step in the range may be made. This provision shall apply to original appointments to career positions and appointments to non-career positions. 7.2 ADVANCEMENT IN RATE OF COMPENSATION a. Advancement in Steps (1) Upon successful completion of twenty-six (26) weeks (1,040 hours or 1,456 hours for suppression) of service, an employee shall be advanced to the next higher step of the salary range of the classification. Employees who thereafter maintain a normally satisfactory level of performance shall be advanced automatically at fifty-two (52) week (2,080 hours or 2,912 for suppression) intervals to succeeding steps of the assigned salary range. (2) Time spent on leave of absence without pay of ten (10) or less consecutive workdays (four (4) shifts for suppression) shall not affect the step increase eligibility date. For such leaves in excess of ten 12

18 (10) consecutive working days or four (4) shifts, all leave time shall not count toward step increases. (3) An employee who has completed the required probationary period in his/her current classification and who is at a salary step lower than top step may be advanced to any higher step in the salary range for that classification at any time. Such step advancement under this provision shall not be subject to the grievance procedure and shall be at the sole discretion of the Department Head. (4) This Section shall not apply to non-career employees. b. Denial of Step Increase and Reduction in Grade Employees who do not maintain a satisfactory level of performance may be denied advancement, and may be reduced within grade upon approval of the appointing authority. Employees in the civil service who are denied advancement, or who are reduced in grade, shall have the right to appeal to the Civil Service Board in accordance with its rules and regulations. (This subsection shall not apply to non-career employees.) c. Effective Date of Step Increases/Payroll Changes All payroll changes shall be effective on the first day of the bi-weekly pay period following the date the employee became eligible for a pay increase, which biweekly pay period shall begin at 12:01 a.m. Saturday of the first week, and end at 12:00 midnight on the Friday of the second week. d. Effective Date of Salary Step Increase Upon Extension of Probationary Period (1) If the probationary period is extended due to light duty, sick leave, or injury-on-duty time, the salary step increase will be delayed for the period of the extension. However, the probationary period shall only be extended if the time exceeds thirty (30) consecutive calendar days. (2) For an employee in a classification with a six (6) month probationary period who successfully completes the extended probationary period, the period of the extension shall be included in determining the eligibility date for the salary step increase. For example, an employee is appointed on January 4, 1986, and works in the regular assignment until April 11, On April 12, 1986, the employee is on injury-on-duty time until July 4, 1986, and returns to the regular assignment on July 5, The employee successfully completes the probationary period on September 26, The effective date of the salary step increase is July 5, 1986, because the period April 12, 1986, to July 4, 1986, is included in determining the salary step eligibility date. 13

19 (3) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed less than twenty-six (26) weeks of service, the employee shall be eligible for a salary step increase upon successful completion of twenty-six (26) weeks of service, excluding the period of the extension. The period of the extension, however, shall be included in determining the eligibility date for the salary step increase. The effective date of the salary step increase is determined in accordance with the example given above. (4) When the probationary period is extended for an employee in a classification with a twelve (12) month probationary period who has successfully completed more than twenty-six (26) weeks of service and who successfully completes the extended probationary period, the period of the extension shall be included in determining the eligibility date for the next salary step increase. The effective date of the salary step increase is determined in accordance with the example given above, except fifty-two (52) weeks is required rather than twenty-six (26) weeks (5) If a probationary period is extended due to an unpaid leave of absence, the period of such extension is excluded in determining the eligibility date for a salary step increase. 7.3 EFFECT OF CLASSIFICATION CHANGE ON RATE OF COMPENSATION a. Movement to a Higher Classification When an employee moves from one classification to another which has a higher salary, through examination, appointment to an exempt position, temporary appointment in the absence of an eligible list, or reallocation, the employee shall receive an increase at least equal to a full in-grade salary step five percent (5%) or Step 1, as applicable, of the higher classification, whichever is greater, but not to exceed the maximum rate of the higher classification. When a Firefighter receiving Paramedic License Pay, pursuant to Article 15.2(b)(2), is promoted to a Fire Engineer or Fire Captain, the step placement shall recognize the reduction of the Paramedic License Pay and salary shall be set to cover that reduction as well as an increase of approximately five percent (5%), but not to exceed the maximum rate of the higher classification. b. Movement to Another Position in the Same Classification or to a Classification With the Same Salary Range When an employee moves to another position in the same classification or to another classification with the same salary range, the employee shall maintain the same salary and same anniversary date. 14

20 c. Movement to a Lower Classification When an employee's position is reallocated to a classification with a lower salary range, the employee shall suffer no reduction in salary, and the Y-rate provisions of this Agreement shall apply. The salary of an employee who voluntarily demotes shall be that salary step nearest but does not exceed such salary paid in the previous classification. 7.4 EFFECT OF CHANGE OF SALARY RANGE UPON COMPENSATION Whenever the salary range of a classification is adjusted upward, the salary rate of each employee in the classification shall be adjusted to the step in the new range which corresponds to the step received in the former range, and the employee shall retain the current anniversary date for further increases within the new range. 7.5 RATE OF COMPENSATION UPON RETURN TO CITY SERVICE a. An employee recalled after layoff, reinstated after a leave of absence, or reemployed in the same classification after resignation shall return to the same salary step paid at the time of departure. b. If the employee is reemployed after resignation to a classification lower than that in which last employed, the employee may receive any step, but not to exceed the salary of the classification in which last employed. If that step is other than the maximum step of the salary range, the anniversary date for subsequent in-grade adjustments shall be twelve (12) months from the date of reemployment and each year thereafter until the maximum step of the salary range is reached. 7.6 RATES HIGHER THAN STEP TOP STEP (Y-RATE) Whenever the salary of an employee exceeds the top step of the salary range established for a classification, such salary shall be designated as a "Y-rate". During such time as an employee's salary remains above the top step, the employee shall not receive further salary increases, except that upon promotion to a higher classification, the employee shall immediately advance to the step of the range of the higher classification next above the "Y-rate", and be eligible for advancement to succeeding steps in the range as outlined in this Agreement. In the event an employee is "Y-rated" below top step, as applicable, the employee shall be permitted to advance to the maximum step of the original range. 7.7 LONGEVITY PAY Employee eligibility for longevity pay shall be determined as provided in Section 108 of the City Charter. The amount to be paid annually on the second check in July after twenty (20) years of City service shall be one hundred dollars ($100), and after twenty-five (25) years of City service, an additional two hundred dollars ($200), for a total of three hundred dollars ($300). 15

21 ARTICLE 8 HEALTH AND WELFARE 8.1 CONTRIBUTION TO FULL-TIME AND PART-TIME CAREER EMPLOYEES a. The City agrees to make contributions (City dollars) as defined below. Except as provided herein, the City dollars shall be applied first to the employee contribution to retirement, and then through the IRS Section 125 Plan toward premiums for City-sponsored medical, dental, disability, and/or life insurance covering the eligible employee; and union-sponsored short-term disability, long-term disability, cancer, health, dental and accidental death and dismemberment insurance. One-half (1/2) of such contributions will be made to eligible employees on each of the first two (2) paydays in a calendar month for insurance coverage the first and second halves of that month, respectively. b. Eligible employees shall receive a City contribution for each such pay period if the employee is paid for one or more hours of salary. Employees who are paid less than one (1) hour salary per payday may continue elected coverage limited to the City's medical, dental, and life insurance plans for up to six (6) months, by personal remittance or other arrangement for payment of the full premiums of any insurance elected to be continued. c. All terms and conditions of medical, dental, disability, and basic life insurance sponsored by the City will be as outlined in certificates of coverage and related insurance contracts. Eligible career employees may apply the City contribution for the City's disability plan or the Union-sponsored disability income protection plan, but not both. 8.2 CONTRIBUTION TO NON-CAREER EMPLOYEES a. The City agrees to contribute City dollars as provided below, on either a 100% or 50% basis, for non-career (+1,040) employees. Except as provided herein, the City dollars shall be applied toward the premiums for City-sponsored medical and dental insurance plans for eligible employees and qualified dependents, if any. The amount of City contribution for each of the first two (2) pay periods of each month shall be based on the number of hours for which the employee was paid in that bi-weekly pay period: 64 or more hours paid (89.6 hours for suppression) = 100% contribution; hours paid ( hours for suppression) = 50% contribution. b. To be eligible for City dollars under this Section, the non-career employee must be paid for a minimum of forty (40) hours (fifty-six (56) for suppression) of work on each payday. If the employee fails to be paid for the minimum forty (40) hours (fifty-six (56) hours for suppression) necessary to receive the City contribution, the City shall deduct from the employee's paycheck the amount needed to pay for the insurance plans which the employee has selected. If this deduction from the employee's paycheck cannot be made in its entirety, it is the responsibility of the individual employee to pay for the remaining amount. Failure to do so before the end of the calendar month including such 16

22 paycheck(s) shall automatically drop the employee from the City-sponsored insurance program until the next open enrollment period. 8.3 AMOUNT OF CONTRIBUTION a. Employees Enrolled in an Account-Based Health Plan (ABHP) (1) The ABHP is a combination of a High Deductible Health Plan (HDHP) and a Health Savings Account (HSA). (2) Employees enrolled in an ABHP shall receive City contributions as defined below. To the extent that the premium for the ABHP is less than any City contributions outlined below, any remaining City contribution shall be credited to the employee s HSA, to the extent allowed by law. If the excess contribution exceeds the annual HSA amount allowed by law, the employee will receive cash payment for the difference. (3) Career employees who enroll for the first time in an ABHP no later than December 31, 2014, shall have an HSA credited with a one-time City contribution of $2,000 on or before January 31, This provision applies to employees who have never received the City contribution of $2,000. b. Employees Not Enrolled in an ABHP (1) Employee Only (a) (b) For full-time employees enrolled in a City-sponsored health plan for employee only, the City contribution shall be up to $460 per month or a contribution equal to lowest cost City health and dental rate, whichever is greater. Effective January 1, 2015, for full-time employees enrolled in a City-sponsored health plan for employee only, the City contribution shall be $721 per month. (2) Employee Plus One Dependent (a) (b) For full-time employees enrolled in a City-sponsored health plan for employee plus one dependent, the City contribution shall be $850 per month. Effective January 1, 2015, for full-time employees enrolled in a City-sponsored health plan for employee plus one dependent, the City contribution shall be $883 per month. (3) Employee Plus Two or More Dependents 17

23 (a) (b) For full-time employees enrolled in a City-sponsored health plan for employee plus two dependents, the City contribution shall be $1200 per month. Effective January 1, 2015, for full-time employees enrolled in a City-sponsored health plan for employee plus two dependents, the City contribution shall be $1243 per month. c. Part-time employees shall be prorated as indicated in 8.2(a). d. The City will eliminate the out-of-area health plans for unit employees effective plan year e. Parity on Amount of Contribution with Sacramento Police Officers Association (SPOA) (1) Any increase in the monthly City contribution to health and welfare benefits given to the bargaining unit represented by SPOA with effective dates during the period January 1, 2015, through and including June 22, 2018, shall be given to employees in the Fire Department Unit. (2) This subsection (e) shall terminate on June 22, 2018, regardless of the status of negotiations of a successor agreement with the Fire Department Unit. (3) This subsection (e) will not be considered part of the status quo in the absence of a successor agreement and will not be extended beyond June 22, 2018, absent the written agreement of the parties. 8.4 COVERED DEPENDENTS a. An employee who has a domestic partner, and has a notarized City-provided affidavit, may cover the domestic partner under the employee's City-sponsored health plan. The employee will pay for the premium difference for the domestic partner coverage as an out-of-pocket employee cost. In no event will the City's monthly health and welfare contribution be used to pay for the cost of the domestic partner's coverage. b. An employee who has a domestic partner, and is registered with the Secretary of State of the State of California, may cover the domestic partner and/or the domestic partner's children, under the employee's City-sponsored health plan. Employees with registered State of California domestic partners shall receive the City contributions as specified in Section 8.3. c. The definition of dependent child for purposes of health insurance shall be as determined under the Patient Protection and Affordable Care Act (PPACA). The definition of dependent child for purposes of dental and vision insurance shall be as outlined in certificates of coverage and related insurance contracts. As of the date of this 18

24 Agreement, that definition includes an adult child up to age 26, grandchildren living in the employee grandparent s home, disabled children, step-children, adopted children, wards and foster children provided they qualify as the subscriber s or subscriber s lawful spouse s dependent under IRS rules and regulations. 8.5 CASH-BACK LIMITS a. The cash-back of City dollars from the IRS Section 125 Plan shall be limited to $200 per month for career employees who waive City-sponsored health insurance. Part-time employees shall be pro-rated as indicated in 8.2(a). b. New employees or employees who are not receiving the cash back as of January 1, 2016, shall not be eligible for the cash-back option. c. Employees transferring to classifications in the Fire Department Unit who are receiving cash-back at the time of transfer may maintain the cash-back option as long as they continuously waive City-sponsored health insurance. 8.6 LIFE INSURANCE The City will provide basic life insurance in an amount of $15,000 to each eligible career employee at no charge if the employee is paid one (1) or more hours of salary per payday on the same basis as in Section 8.1(b). The use of the City contribution for the purchase of additional life insurance shall not exceed a total of $35,000 City-sponsored term life insurance. 8.7 UNION REPORTING The Union agrees to furnish to the City, on request, information on each employee's enrollment in union-sponsored insurance to which the City contribution under Section 8.3(a) of this Article may be applied. This information shall be furnished so that the proper amounts of City contribution and employee contribution toward insurance premiums can be clearly distinguished. Such information may include, but not limited to, types of coverage, individual premiums, copies of enrollment cards or application for coverage, premium rate schedules, and/or copies of itemized premium billings. 8.8 FLEXIBLE SPENDING ACCOUNTS The City shall offer a Flexible Spending Accounts (FSA) to employees as permitted by Internal Revenue Service Regulations. The City shall provide a summary of IRS rules on flexible spending during each open enrollment period. 8.9 RETIREES OR SURVIVOR DEPENDENTS Eligible City retirees or survivor dependents shall receive City-paid health insurance contributions for health, dental, and vision insurance benefits under the following provisions: 19