HomeMy WebLinkAbout00-012 - Resolutions RESOLUTION NO. FD 00-012
A RESOLUTION OF THE BOARD OF DIRECTORS OF THE
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
AMENDING THE EXISTING COMPENSATION PLAN FOR
DISTRICT EMPLOYEES AND APPROVING THE CERTAIN
MEMORANDUM OF UNDERSTANDING BETWEEN THE
DISTRICT AND RANCHO CUCAMONGA FIREFIGHTERS LOCAL
2274 FOR WAGES, BENEFITS AND OTHER TERMS AND
CONDITIONS OF EMPLOYMENT FOR FISCAL YEARS
2000/2001, 2001/2002 AND 2002/2003.
A. RECITALS
(i) Representatives of the Rancho Cucamonga Fire Protection
District ("District' hereinafter) and the Rancho Cucamonga
Firefighters Local 2274 have met and conferred pursuant to the
provisions of the Meyers-Milias-Brown Act (California
Government Code§3500, etseq.)with regard to wages, benefits
and other terms and conditions of employment.
(ii) Representatives of the District and Rancho Cucamonga
Firefighters Local 2274 have agreed upon and presented to this
Board a Memorandum of Understanding pertaining to Local 2274
effective, July 1, 2000, specifying the results of said meet and
confer process.
(iii) It is necessary from time to time to review and adjust the salary
and wages specified for District personnel.
(iv) District desires to amend the existing compensation plan for
District personnel.
(v) All legal prerequisites to the adoption of this Resolution have
occurred.
B. RESOLUTION
NOW THEREFORE,the Board of Directors of the Rancho Cucamonga Fire Protection District of the
City of Rancho Cucamonga, California,does hereby find, determine and resolve as
follows:
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1. In all respects, as set forth in the Recitals, Part A, of this Resolution.
2. The salary ranges for the classifications specified therein, as set forth in
Exhibit "A", effective July 1, 2000; Exhibit "B", effective July 1, 2001;
Exhibit "C, effective July 1, 2002 attached and incorporated herein by
this reference, hereby are approved.
3. The certain Memorandum of Understanding entered into by and between
District representatives and the Rancho Cucamonga Firefighters Local
2274 representatives for fiscal years 2000/2001, 2001/2002 and
2002/2003 effective July 1, 2000, hereby is approved and ratified by the
Board of Directors.
4. The Secretary shall certify to the adoption of this Resolution.
PASSED, APPROVED, AND ADOPTED this 2nd day of August 2000.
AYES: Alexander, Biane, Curatalo, Williams
NOES: None
ABSENT: Dutton
ABSTAINED: None
William J. A xander, Pre dent
ATTEST:
D bra J. Ada Secretary
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I, DEBRA J. ADAMS, SECRETARY of the Rancho Cucamonga Fire Protection District, do hereby
certify that the foregoing Resolution was duly passed, approved,and adopted by the
Board of Directors of the Rancho Cucamonga Fire Protection District, at a Regular
Meeting of said Board held on the 2"d day of August 2000.
Executed this 3`d day of August 2000, at Rancho Cucamonga, California.
ra J. Ada ecretary
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MEMORANDUM OF UNDERSTANDING
RANCHO CUCAMONGA FIRE PROTECTION DISTRICT
AND
RANCHO CUCAMONGA FIRE FIGHTERS' LOCAL 2274
2000 - 2003
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Table of Contents
P R EAitIB LE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
ARTICLE I RECOGNITION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
ARTICLE II COMPENSATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . t
§ 1. Salary Ranges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
§ 2. Salary Plan . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I
A. Salary Ranges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
I. Salary on Appointment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
2. Merit Salary Adjustments . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3. Salary on Promotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
4. Salary on Demotion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
5. Salary on Transfer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
6. Salary on Position Reclassification . . . . . . . . . . . . . . . . . . . . 3
7. Salary on Re-employment . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
8. Salary on Rehire . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
9. Acting Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
10. Salary on Change in Range Assignment . . . . . . . . . . . . . . . 4
11. Premium Pay - Haz-Mat . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
12. K-9 Stipend . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
B. On Call Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
§ 3. Work Periods and Overtime . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i
A. Work Periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
B. Work Shifts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
C. Flex Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5
D. Overtime Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
E. Call Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
F. 4/10 Schedule . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
§ 4. Uniform Allowance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
§ 5. Employee Group Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
1. Health Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
2. Dental Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
3. Vision Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4. Life Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
§ 6. Tuition Reimbursement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
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§ 7. Retirement Plan . . . . . . . . . . . . . . . . . . . . . . . . . . 9
A. Benefits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
B. Conversion - Union . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
C. Military Service Buy-Back . . . . . . . . . . . . . . . . . . . . . . . . . . . . . lo
§ 8. Work Related Injuries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
ARTICLE III. LEAVES . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
§ 1. Holidays . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
§ 2. Vacation Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
§ 3. Sick Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
§ 4. Conversion Factor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
§ 5. Personal Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
§ 6. Bereavement Leave . . . . . . . . . . . . . . . . . . . . . . . . 16
§ 7. Compensatory Time . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
§ 8. Military Leave . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
§ 9. Jury Duty . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18
§ 10. Civil Subpoena/Criminal Subpoena . . . . . . . . . . . . . . . . . . . . . . . . 18
§ 11. Leaves of Absence Without Pay . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
ARTICLE IV. GRIEVANCE PROCEDURE . . . . . . . . . . . . . . . . . . . . . . . . . . 19
§ 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
§ 2. Objective . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-1()
§ 3. General Provisions . . . . . . . . . . . . . . . . . - . . . . . . . . . . 20
§ 4. Informal Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
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§ 5. Formal Grievance Procedure . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
A. Step . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
B. Step Il . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21
C. Step III . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . „
D. Step IV . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
ARTICLE V. SAFETY . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
§ 1. Compliance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
§ 2. No Discrimination . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
§ 3. Safety Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
§ -t. Employee Responsibility . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
§ 5. Minimum Manning . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
§ 6. Smoking Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
?-3
ARTICLE VI. MANAGEMENT RIGHTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24
§ 1. Scope of Rights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
§ 2. Emergency Conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
ARTICLE VII. MAINTENANCE OF BENEFITS . . . . . . . . . . . . . . . . . . . . . . 25
ARTICLE VIII. APPROVAL BY THE BOARD OF DIRECTORS . . . . . . . . 25
ARTICLE IX. PROVISIONS OF LAW . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
ARTICLE X. TERM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
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PREAMBLE
This Memorandum of Understanding ("MOU" hereinafter) is made and entered
into by and between the Rancho Cucamonga Fire Protection District ("District" hereinafter), and
the Rancho Cucamonga Fire Fighters' Local 2274 ("Union" hereinafter). The terms and
conditions contained in this MOU are applicable to all full-time employees within this unit and
contain the complete results of negotiations conceming wages, hours and other terms and
conditions of employment for said employees represented herein.
ARTICLE I RECOGNITION
Pursuant to the provisions of existing rules and regulations and applicable State
law, District hereby acknowledges Union as the exclusive recognized employee organization for
the representation unit, which includes non-management safety employees of District, who are
employed on a full-time basis.
ARTICLE II COMPENSATION
§ I. Salary Ranges
A. The Union agrees to contribute out of their cost of living adjustment
contributions to the union's salary and benefits.
Salary ranges for all classifications represented by Union shall be adjusted.
effective July 1, 2000 by 4.40% to the base salary, effective July 1, 2001 by 4.40% to the base
salary and effective July 1, 2002 by 4.40% to the base salary. Specific salary ranges for each
class are as set forth in Exhibit "A", Exhibit "B", and Exhibit "C" attached hereto and by this
reference incorporated herein.
B. Survey Cities: Union and District agree the survey cities shall be
Fullerton, West Covina, Corona, Ontario, Orange, Riverside, San Bernardino City and Upland.
May 1st of each year, a survey of the identified labor market cities shall be completed, reviewed
by the Union and District, and used as the comparison basis for any negotiations regarding
market equity adjustment and cost of living adjustment. This survey shall not obligate District
to implement any salary increase(s).
§ 2. Salary Plan
A. Salary Ranges
The base salary ranges for all classes in the bargaining units shall consist of
ranges having five (5) steps, labeled A through E, with approximately five percent (5%) between
each step. Placement within the range shall be in accordance with the following:
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1. Salary on Appointment
New employees shall be compensated at Step "A" of the salary
range to which their class is allocated. If unusual recruitment difficulties are encountered or a
candidate is exceptionally well qualified, appointment at a higher step in the salary range may be
authorized by the Fire Chief.
2. Merit Salary Adjustments
Advancement within a salary range shall not be automatic, but
shall be based upon job performance and granted only on the recommendation of the employee's
supervisor and approval of the Fire Chief. Employees shall be considered for merit salary
increases in accordance with the following:
a. Employees who are placed at Step A upon original
employment, reinstatement, or promotion are eligible for a merit salary review after six (6)
months of service. Subsequent merit salary review dates shall fall upon the completion of twelve
(12) month service intervals.
b. Employees who are placed at Step B or above upon original
employment, reinstatement, or promotion shall be eligible for a merit salary review after
twelve (12) months of service. Subsequent review dates shall fall upon the completion of twelve
(12) month service intervals.
C. The granting of an official leave of absence of more than
thirty (30) continuous calendar days, other than military leave, shall cause the emplovee's merit
salary review date to be extended the number of calendar days he or she was on leave.
d. If, in the supervisor's judgment, the employee's
performance does not justify a salary increase on the review date, the employee shall he
reevaluated before the expiration of six (6) months dating from the employee's review date. If
the period of postponement exceeds three (3) months and the employee receives a salary
increase, the employee shall be assigned a new review date based on the date the increase was
granted.
e. Authorized salary step increases shall become effective at
the beginning of the pay period nearest the employee's review date.
f. Should an employee's review date be overlooked, and upon
discovery of the error, the employee is recommended for a salary increase, the employee shall
receive a supplemental payment compensating him or her for the additional salary he or she
would have received had the increase been granted at the appropriate time.
g. The normal merit salary increase shall be one (1 ) step
granted in accordance with the preceding. However, to reward outstanding achievement and
performance, the Fire Chief may grant one (1) additional step increase not to exceed one ( I) step
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in any (6) month period.
h. In order to address a situation wherein application of this
section would result in the inequitable treatment of employees and upon the recommendation of
the Fire Chief and approval of the Board, an employee may be placed at any step in the salary
range for his or her class.
3. Salary on Promotion
An employee, who is promoted to a position in a class with a higher salary
range than the class in which he or she formerly occupied a position, shall receive the nearest
higher monthly salary in the higher salary range that would constitute a minimum five percent
(5%) salary increase over his or her base salary rate, provided that no employee may receive a
rate in excess of Step E of the promotional class. If the promotion occurs within sixty (60) days
of a scheduled merit salary review date, the employee shall receive the merit increase (if
otherwise entitled to it) and the promotional increase concurrently. The employee shall be given
a new merit salary review date for purposes of future salary step advancement. The new date
shall be based upon the effective date of the promotion.
4. Salary on Demotion
An employee who is demoted to a position in a class with a lower salary
range shall receive a new merit salary review date based upon the effective date of the demotion
and receive a salary in accordance with the following:
a. Disciplinary demotion - any designated salary step in the
lower salary range which will result in the employee's receiving at least a five (5) percent
reduction in pay.
b. Non-disciplinary demotion - that salary step he or she
would have received in the lower class if his or her services had been continuous in said lower
class.
5. Salary on Transfer
An employee who is transferred from one position to another in the same
class or to another position in a similar class having the same salary range shall receive the same
step in the salary range previously received and the merit salary review date shall not change.
6. Salary on Position Reclassification
When an employee's position is reclassified and the employee is appointed
to the position, salary shall be determined as follows:
a. If the position is reclassified to a class with a higher salary
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range than the former class, salary and merit salary review date shall be set in the same manner
as if he or she had been promoted.
b. If the salary of the employee is the same or less than the
maximum of the salary range of the new class and the salary range of the new class is the same
as the previous class, the salary and merit salary review date shall not change.
C. If the salary of the employee is greater than the maximum
of the range of the new class, the salary of the employee shall be designated as a "Y-rate" and
shall not change during continuous regular service until the maximum of the salary range to
which the class is assigned exceeds the salary of the employee.
7. Salary on Re-employment
An employee recalled after a layoff shall receive the same salary step in
the range of the class which he or she was receiving upon layoff.
8. Salary on Rehire
Upon rehire, an employee shall be placed at such salary step as may be
recommended by the supervisor and approved by the Fire Chief. The employees merit salary
review date shall be based on the date of rehire.
9. Acting Pay
Acting pay shall be one (1) step, approximately five percent (5%), above
the affected employee's base salary rate. To receive acting pay the employee must:
a. Be formally assigned duties appropriate to the higher class.
b. Work in the higher class at least fifteen ( 15) consecutive
work days, five (5) shifts for employees working twenty-four (24) hour shifts. Acting pay will
be paid beginning with the sixteenth (16th) consecutive day worked in an acting capacity. sixth
(6th) shift for employees working twenty-four (24) hours shifts.
10. Salary on Change in Range Assignment
When a class is reassigned to either a higher or lower salary range by the
Board, the salary of each incumbent in such class on the date the reassignment is effective shall
be adjusted to the step he or she was receiving in the former range.
11. Premium Pay - Haz-Mat
The number of personnel maintained on the Haz-Mat team is determined
by the needs of the District. The decision as to the number of personnel on the team is made by
the District. Personnel on the team must maintain their state certification, membership in the
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West End Hazardous Assistance Team, attend reasonable training sessions deemed necessary by
the District, and agree to remain members of the District's Haz-Mat Team for a period of 3 years.
Training to maintain status on the team shall be at District expense. Members who meet the
above requirements shall be compensated for their involvement by being paid a dollar amount
equal to five percent (5%) of Step E of the Fire Engineer class.
12. K-9 Stipend
The District agrees to provide a stipend that is equivalent to five percent (5%r) of
Step E of the Fire Engineer class, to the Fire Inspector or the employee who is charged with the
responsibility of canine care, handling and maintenance.
B. On Call Pay
Employees in a classification of Fire Prevention Inspector shall receive five
percent (5%) of E step of Fire Engineer per month as full compensation for services in an on-call
status. The requirements and conditions which attend on-call status shall be established by the
District and affected employees agree to comply with said requirements and conditions. It is
understood by the District and Union that the amount of on-call time (approximately one third
(1/3) of required monthly on-call) to be served by each employee was instrumental in arriving at
the accord noted herein.
§ 3. Work Periods and Overtime
A. Work Periods
The work period for shift personnel is fourteen ( 14) days. Overtime is paid for
time worked in excess of one hundred six (106) hours in the period. The work period for forty
(40) hour personnel is seven (7) days with overtime being time worked in excess of forty (40)
hours in the period.
B. Work Shifts
1. All twenty-four (24) hour work shifts begin at 0800 and end at
0800 the following day, twenty-four (24) hours thereafter.
2. Ten (10) hour work shifts begin at 0700 and end at 1800.
C. Flex Time
1. The work schedules of employees assigned to other than fire
suppression are subject to change depending on needs of the service or desires of the concerned
employee(s). (See item 3.)
2. The District shall not change work schedules when the sole
purpose of the change is to avoid payment of time and one-half for overtime. This however, is
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not to be interpreted as preventing a schedule change upon the mutual agreement of the District
and affected employee.
3 . Employees may request schedule changes to address personal
interests. Whenever possible such requests will be accommodated, provided however, that needs
of the service as determined by the District will take precedence over employee preferences.
4. The District will not effect schedule changes but for good and
sufficient cause.
D. Overtime Pay
1. The rate of pay for overtime hours worked shall be at the rate of
time and one-half(1.5) the regular rate of pay, for those employees eligible for overtime.
2. Wages: The Battalion Chief in Training and suppression Battalion
Chief's will be paid overtime at the fifty-six (56) hour rate for any overtime worked, at time and
one-half(1.5) rate of pay.
3 . For purposes of computing overtime pay under the Fair Labor
Standards Act, military leave shall not be considered hours worked. Holiday, vacation, sick, and
injury leave shall be considered as hours worked for purposes of computing overtime. District
shall implement the inclusion of holiday and sick leave hereunder effective the first day of the
first full pay period commencing after February 5, 1997. District further agrees to provide to
each unit member the estimated cash value thereof(three tenths of one percent (0.39c)) from July
1, 1996 through the date of implementation thereof hereunder.
4. For the purpose of this section, work time shall not include
traveling to or from the normal work site.
5. All full-time employees who are called back to work from off-duty
as a result of an emergency, shall be paid at the rate of time and one-half for any hours worked.
with a minimum of two (2) hours pay for each emergency recall. Employees required to work
more than fifteen (15) minutes shall be compensated for a minimum of one ( I ) hour: any time
worked over one (1) hour will be paid in one-half hour increments. (Fifteen ( 15) minutes work
shall constitute one-half hour.) For purposes of this section, work time shall not include time
spent in traveling to and from the work site.
6. Employees required (held over) to work more than fifteen (15)
minutes overtime shall be compensated for a minimum of one ( 1) hour. Any overtime worked in
excess of one (1) hour will be paid in half hour increments. Provisions shall be made for an
equitable distribution of overtime, consistent with efficient operations of the District.
7. Employees may be subject to recall to be placed on overtime to fill
vacancies created by District wide training programs of a class wide nature. Employees must
receive at least two (2) weeks notice of recall.
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E. Call Back
A minimum of two (2) hours of-work time will be credited to an employee who
responds to a District call to come to work during off-duty hours. This section is not to be
interpreted as requiring said minimum in the event of an extended work day or when the
employee begins his or her regular work shift before the normal startine time.
F. 4/10 Schedule
With the 4/10 implementation, employees who experience hardship due to child
care issues, may request alteration of their schedule by taking a 1/2 hour lunch and arriving at
work 1/2 hour late or leaving work 1/2 hour early. Additionally, employees who carpool at least
6017o of the pay period and 60% of the distance into their assigned workplace are eligible to leave
1/2 hour early from work or arrive 1/2 hour late.
§ 4. Uniform Allowance
A. The District shall provide three (3) sets of work uniforms for each
employee who is required to wear a uniform prior to his or her starting date. Suppression
members must buy their own class A uniforms at the completion of probation.
B. The Fire District shall provide 5500.00 annually to all safety members for
the purchase and maintenance of uniforms required in the performance of their job duties.
§ 5. Employee Group Insurance
District agrees to provide group insurance plans in accordance with the following:
A. Health Insurance
1. District will provide medical insurance through the State of
California Public Employee's Medical and Hospital Care Program (PEMHCP).
2. District shall provide fully paid employee and family health
insurance for all existing full-time continuous and retired employees as of November 17, 1994.
Such health benefits are vested for all full time continuous and retired employees as of
November 17, 1994.
3. District shall provide fully paid employee and family health
insurance for all full-time continuous employees hired after November 17, 1994. at the lowest,
fully paid insurance plan offered by the 'Public Employees Medical and Hospital Care Program"
(PEMHCP).
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Notwithstanding the above provision, the District agrees to provide
the following:
A. Effective July 1, 2000: (additional S35)
(A) Up to $196.49 for employee coverage
(B) Up to 5357.98 for employees with one dependent.
(C) Up to $454.87 for employees with two or more dependants.
B. Effective July 1, 2001, the District agrees to provide the lowest
insurance plan offered by the Public Employees Medical and Hospital Care Program. or the
following whichever is higher: (additional $35)
(A) Up to $231.49 for employee only coverage
(B) Up to $392.98 for employees with one dependent.
(C) Up to $489.87 for employees with two or more dependents.
C. Effective July 1, 2002, the District agrees to provide the lowest
insurance plan offered by the Public Employees Medical and Hospital Care Program, or the
following whichever is higher: (additional $50).
(A) Up to $281.49 for employee only coverage
(B) Up to $442.98 for employees with one dependent
(C) Up to $539.87 for employees with two or more dependents.
Contribution by the District for the employee shall not be used for
any purpose other than for the PEMHCP as identified in this section.
4. All new full-time continuous employees hired atter November 17.
1994, shall be responsible for paying their premiums for medical insurance through the State of
California Public Employees Medical and Hospital Care Program, upon their retirement.
5. Cash compensation in lieu of medical benefits in the amounts of
5200.00 for single employees or $300.00 for employee's dependents, may be provided to those
employees that can verify that their spouse and/or family can provide full health insurance.
Selection of compensation shall be at the employee's discretion. The employee may reenter the
District's health plan at any time.
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B. Dental Insurance
District shall continue to provide fully paid emplovee and family dental
insurance plan for all full-time continuous employees.
C. Vision Insurance
The District shall continue to provide vision care coverage for all full time
continuous emplovees with a maximum payment of not to exceed S^_225 a month. Emplovees
agree to contribute 0.03% of their salary adjustment to fund their contribution of$2.00 a motrih
for vision insurance. The above amount of$22.25 includes the employces' contribution. The
employee shall pay the cost of vision insurance in excess of$2225
In the event that vision insurance pnUnliums exceed $22.25 during the term
of the contract, District shall provide advanced notice to the union representatives, if possible, at
least thirty (30) days.
D. Life Insurance
All full-time continuous employees shall he pio%ided a term life insurance
policy of$30,000, paid by District.
§ 6. Tuition Reimbursement
The educational reimbursement program allows for tcinthursenrcnt of out of
pocket expenses (up to a specified maximum) incurred in the pursuit of a degree front an
accredited college or university. The expenses are reimbursed upon successful completion of a
course with a grade of"C" or better and for pass/fail classes %%ith a "pass," and submittal of
receipts showing the costs for the course. Reimbursement is for tuition, hooks, supplies, parking,
lab expenses, and miscellaneous expenses for taking the courses) Reimbursement does not
include mileage or gasoline reimbursement or work hour pay.
The maximum tuition reimbursed is set on it fiscal year basis %cith the total
reimbursed being the average ofthe costs for course work at Calilotnia State l lniversitx
Fullerton, Cal Poly Pomona, and California State Universitv San Bernardino For fiscal _veal
1990-91 the maximum reimbursement was not to exceed $1500
Approval for reimbursement must be obtained Flom the employee's supervisor
prior to taking the course.
§ 7. Retirement Plan
A. Benefits
1. District is enrolled in the State of California Public Employee's Retirement
System. All benefits provided District employees under the Ui%trict's Plan are paid by the
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District. Present benefits for public safety employees include the following.
§ 21362.2 3% at 50 Full Formula
§ 21574 1959 Survivor Benefits, Fourth level
§ 20615 Payment of Normal Member Contributions
§ 20024.2 One Year l lighest Compensation
2. In consideration of the "3% at 50" retic ement benefit, the Union agrees the
District shall reduce the negotiated cost of living adjustment I('OLA) by 0.56% each fiscal year
through and including June 30, 2008. In the event there is no COLA in a fiscal year, each
employee in the bargaining unit shall have 0.56% deducted font his,lret salary for that fiscal year.
B. Conversion - Union
Effective July 1, 1989 employees aged 49 of over shall be permitted to
convert member contributions to PERS paid by the Diabict to salary for the purpose of
establishing a higher base salary, for the last year of a pre-determined _year of retirement. The
employee shall then be responsible for paying said contributions
C. ]Military Service Buy-Back
District provides for employees to buy back military service credit at the
employee's own expense pursuant to PERS regulations.
§ 8. Work Related Injuries
All management and non-management, non-safety and safety I tl.cb70 employees
are entitled to full salary and benefits when they sustain an on-the-job work related injury for up
to one (1) year. (See: California Labor Code § 4850 tot provisions). Although § 4850 covers
on1v safety personnel, District is extending this same benefit to nun-safety cmplovees. Temporary
disability payments received during any injury period shall be returned to Distrrc-t
ARTICLE 111 LEAVES
§ 1. Holidays
A. Holidays are those days which District designates as
observed holidays. Holiday leave is a right, earned as a condition of employment, to a leave of
absence with pay. The holidays designated by Dish ict are as follows:
40 Hour Personnel
(1) January 1 ---------- New Years Day
(2) January ------------ Martin Luther King's Birthday Ord Monday)
(3) February ---------- President's Day (3rd Monday)
(4) May ---------------- Memorial Day (last Monday)
(5) July 4 -------------- Independence Day
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(6) September --------- Labor Day (1 st Monday)
(7) November 11 ----- Veterans Day
(8) November -------- Thanksgiving (4th Thursday)
(9) November --------- The day following Thanksgiving
(10) December 24 ------ The day preceding Christmas
(11) December 25 ------ Christmas
(12) Three (3) discretionary (floating) days may be taken by an employee at his or her
convenience, subject to approval by the supervisor. The thirty (30) hours for the three (3)
floating holidays shall be credited to the employee at the start of pay period No. 1 of each
calendar year.
Whenever a holiday falls on a Sunday, the following Monday shall be observed as a holida}
Whenever a holiday falls on a Friday or Saturday, the preceding Thursday shall be observed as the
holiday.
56 Hour Personnel
(1) January 1 ---------- New Years Day
(2) January 18 -------- Martin Luther King's Birthday
(3) February 12 ------ Lincoln's Birthday
(4) February 22 ------- Washington's Birthday
(S) May ---------------- Memorial Day (last Monday)
(6) July 4 -------------- Independence Day
(7) September --------- Labor Day (I st Monday)
(8) September 9 ------- Admissions Day
(9) October 12 -------- Columbus Day
(10) November 11 ------ Veterans Day
(11) November --------- Thanksgiving (4th Thursday)
(12) November --------- The day following Thanksgiving
(13) December 24 ------ The day preceding Christmas
(14) December 25 ------ Christmas
B. Employees shall accrue holidav time as follows
Type of Personnel Per Holiday Annually Maximum Accrual
Shift Personnel 12 hours 168 hrs. 216 hours
40 Hour Personnel 10 hours 140 hrs. 180 hours
( No District employee will be allowed to exceed the maxinttrm accrual at
any time. As excess holiday time is earned, it must either be taken as time off or be paid for by
District.
D Effective pay period No. 1 of each year (which normally occurs mid to late
December of each year), holiday time shall be accrued by the emplovees within the pay period in
which it occurs
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1. District will buy back all or part of accrued holiday time at the then
current hourly rate, if a request is made (in writing) by November 30th specifying holiday balance
and exercising the option to sell back
2. Holidays may be used as scheduled time off with the approval of
the supervisor
E District employees will be advised, in Ncriting, within the pay period prior
to the time that maximum holiday accrual is reached or that they are approaching their maximum
accrual
F. Any employee who is on vacation or sick leave when a holiday occurs will
not have that holiday charged against his or her vacation or sick leave.
G. Forty (40) hour personnel who obtain prior approval from their immediate
supervisor to work a holiday will be allowed to bank that holiday at straight time, if a 40-hour
employee rsfio is eligible to receive overtime compensation is recalled to work on a holiday, that
holiday will he banked at time and a half(1.5) for the number of hours actually worked that day.
§ 2. Vacation Leave
A. Vacation leave is a right to a leave ofahsence with pay. It is earned as a
condition of employment.
All full-time employees shall, with continuous service, accrue working days of
vacation monthly according to the following schedule.
40 hour personnel
Years of Annual Ma\inwnl Pay Period
Completed Service Accrual Accrual Accrual Rates
1-3 years 85.72 hours 192 0 3.297
4-7 vears 128.57 hours 272.0 4945
8-10yearS 171.43 hours 353.0 6.59;
11-14 wars 188.58 hours 353.0 7253
15-19 Scars 205.72 hours 353.0 7.912
20-24 years 222.86 hours 353.0 8.572
25+ wars 240.00 hours 353 0 9.231
Shift Personnel
Years of Annual Maximum Pav Period
Completed Service Accrual Accrual Accrual Rates
1-3 years 120 hrs/5 shifts 288.0 4.615
4-7 vears 180 hrs/7.5 shifts 408.0 6.923
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8-10 years 240 hrs/10 shifts 528.0 9.231
I1-14 years 264 hrs/11 shifts 528.0 10.154
15-19 years 288 hrs/12 shifts 528.0 11.077
20-24 vears 312 hrs/13 shifts 528.00 12.002
25+ years 336 hrs/14shifts 528.00 12.923
B. An employee who, as of July 1 of any given year, has completed 10. 15.
20 or 25 years of service shall receive a onetime credit of 24 hours of vacation, if a shift
employee. or 10 hours, if a 40 hour employee. The employee shall, beginning the 1 I th, I5th,
20th, and 25th year, accrue vacation at the appropriate pay period accrual rate.
C. The District will notify employees. in writing. within the pay period prior
to the time that maximum vacation accrual will be reached that the accrual is approaching that
maximum. The employee will then be required to (1) schedule time off or, (2) receive pay in lieu
of time off so as to not exceed the maximum accrual.
D. Any full-time employee who is about to terminate employment and has
earned vacation time to his or her credit, shall be paid for such vacation time on the effective date
of such termination. When separation is caused by death of an employee. payment shall be made
to the estate of such employee.
§ 3. Sick Leave
Sick leave is the authorized absence from duty of an employee because of
physical or mental illness, injury, pregnancy, confirmed exposure to a serious contagious disease.
or for a medical, optical, or dental appointment.
A. Full-time Employees
I. Sick leave is that amount of leave designated by District.
2. All employees shall be entitled to sick leave as follows:
Personnel Monthly Annual Accrual Max. Accrual
40 hr
Personnel 10 hours 120 hours No limit
Shift 12 hours 144 hours No limit
Personnel (1/2 shift) (6 shifts)
3. Sick leave with pay may be used for:
a. Any bona fide illness or injury.
b. Quarantine due to exposure to contagious disease.
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Resolution No. FD 00-012
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C. Any treatment or examination included to, but not limited
to, medical, dental, eye, or psychiatric examinations.
d. Not more than twelve (12) days for 40-hour employees or
six (6) shifts for shift personnel of sick leave each calendar year in case an employee's presence
is required elsewhere because of sickness, disability, or child birth of a member of his/her
immediate family, as defined in District Personnel Rules.
B. No employee shall be entitled to sick leave with pay %A title absent from
duty for the following causes:
I. Disability arising from sickness or injury purposely self-inflicted
or caused by his or her own willful misconduct.
2. Sickness or disability sustained while on leave of absence.
C. Sick leave shall not be used in lieu of or in addition to vacation.
D. The Fire Chief reserves the right to require evidence in the form of a
physician's certificate whenever an employee is absent and requests sick leave for the period of
absence, excepting personal leave (see Section 5).
E. Any employee absent from work due to illness or accident, nlay at the
discretion of the Fire Chief, be required to submit to a physical examination before returning to
active duty. Such physical examination shall be performed by a physician specified by District
and shall be at District expense.
F. Termination of an employee's continuous service, except by reason of
retirement or lay-off for lack of work or funds shall abrogate all sick leave and no payment will
be made by the District for sick leave accrued to the time of such termination regardless of
whether or not such employee subsequently reenters District service.
G. Any employee incurring a serious injury or illness while on paid vacation
leave may have those days of illness changed to sick leave with pay and vacation days restored
accordingly, provided the employee has sufficient sick leave accrued and the period of illness is
certified by a written doctor's statement.
H. Employees with ten (10) or more years of service shall be eligible to
convert unused sick leave to vacation in accordance with the following:
I. Shift employees who in the preceding calendar year have accrued
108 to 144 (90 to 120 for 40-hour week employees) unused hours of sick leave earned in that
preceding calendar year, may exercise the option of having one-half ( 1/2) of that unused sick
leave accrued in the preceding year converted to vacation leave and the remainder carried over as
accrued sick leave.
2. Those members of this unit who have accrued 72 to 108 (60 to 90
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Resolution No. FD 00-012
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for 40-hour week employees) unused hours of sick leave earned in the preceding calendar year
may exercise the option of having one-fourth (1/4) of the unused sick leave accrued in the
preceding calendar year converted to vacation leave and the remainder carried over as accrued
sick leave.
3 . Any employee who qualifies to convert sick leave to vacation leave
must submit a written request to the District on or before January 15th of the year in which the
conversion is to be made.
1. Upon the service retirement of an employee, the employee will have the
option of selling back to the District up to one-half of the total accumulated unused sick leave at
his or her then current hourly rate, or the employee may apply unused accumulated sick leave
toward service time for retirement, in accordance with the Public Employees' Retirement Law,
California Government Code § 20862.8. Sick leave bought back by the District may not be
applied for service credit, but the sick leave remaining after the "buy-back" may be credited as
service time in accordance with the above-mentioned law.
§ 4. Conversion Factor
Effective April 1, 1990, the factor used to convert the accruals for forty (40) hour
per week personnel to fifty-six (56) hour per week personnel will be:
Vacation, sick leave, and holiday:
Work Week Basis
Vacation 40 Hour 56 Hour Conversion Factor
1-3 years 85.72 120 1.5
4-7 years 128.57 180 1.5
8-10 years 171.43 240 1.5
11 - 19 years 188.58 264 1.57
20-24 years 196.58 288 1.57
25+ years 204.58 312 1.57
Holiday 140 168 1.5
Sick 120 144 1.5
(40 to 56) EXAMPLE (8-10 year employee)
Employee Benefits
Vacation = 100 hours
Holiday = 72 hours
Sick = 300 hours
472 total hours x 1.5 (factor) = 708 hours total
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Note: If an employee goes forma 56 to 40 hours basis, the conversion will be the reciprocal of
1.5 or .667.
§ 5. Personal Leave
A. The employee shall be granted one (1) day paid personal leave to attend
the funeral of a close relative not in the employee's immediate family.
B. An employee required to appear before a court for other than subpoenas
due to actions as a District employee or jury duty will receive the necessary time as paid personal
leave, providing:
I. He or she notifies his or her supervisor or Duty Chief in advance.
with adequate time remaining so that a relief may be obtained.
2. The employee must return to duty within a reasonable time after
the appearance.
C. Personal leave will be charged against any time the employee has accrued,
such as sick leave, vacation, and compensatory time, at the employee's option.
D. Employees can use up to twenty (20) hours of accrued sick leave as
personal leave. This twenty (20) hours can be used incrementally (i.e.. I hour, 1/2 hour)
throughout the fiscal year. Use of this time is for emergency situations requiring the employee's
attention and needs to be cleared with their supervisor when using this time.
§ 6. Bereavement Leave
A. 40-hour Personnel
In the event of a death in the employee's immediate family, the employee
shall be granted three (3) days paid bereavement leave. A maximum of five (5) days paid
bereavement leave shall be granted if there is a death in the immediate family outside the state
boundaries.
B. Shift Personnel
In the event of a death in the employee's immediate family, the employee
shall be granted two (2) shifts paid bereavement leave. A maximum of three (3) shifts paid
bereavement leave shall be granted if there is a death in the immediate family outside the state
boundaries and the employee attends the services.
C. Immediate family is defined as:
Spouse, children, stepchildren, stepfather. stepmother, parents. brother.
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Resolution No. FD 00-012
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sister, grandfather, grandmother, grandchild, and the employee's mother-in law, father-in-law or
grandparents-in law.
§ 7. Compensatory Time
A. Compensatory time may be earned for required attendance at special
meetings of the Board of Directors and District Committees, except when such meetings are held
in lieu of a regularly scheduled meeting or when such meetings are called and/or scheduled as
part of the annual budget preparation process and annual audit.
B. Compensatory time may also be earned for special and/or unusual work
situation not provided for in the preceding paragraphs.
C. The earning and accrual of compensatory time requires the approval of the
employee's supervisor.
§ 8. Military Leave
A. Every employee who is a member of a state or federal reserve military unit
shall be entitled to be absent from service with District while engaged in the performance of
ordered military duty and while going to or returning from such duty in accordance with the laws
of the State of California or federal government.
B. Employees are entitled to thirty (30) days paid military leave in any one
fiscal year, provided they have been employed by the District for one ( 1 ) year prior to this leave.
Any employee with less than one (1) years', service must use accrued annual leave or
compensatory time if he or she wishes to receive normal pay.
C. Employees who are called or volunteer for service with the armed forces
of the United States shall be entitled to reinstatement to their former positions. Upon application
for reinstatement, the individual must display a certificate showing service was other than
dishonorable. However, any individual possessing right of reinstatement automatically forfeits
these rights upon voluntary enlistment for a second term.
D. Any employee returning from service with the armed forces shall be
entitled to such length of service seniority as would have been credited to them had they
remained for that period of time with the District.
E. An employee who was in a probationary period at the time of military
leave shall, upon return, complete the remaining portion of the probationary period according to
the then present rules.
F. An employee promoted to fill a vacancy created by a person serving in the
armed forces shall hold such position subject to the return of the veteran. The employee affected
by the return shall be restored to his or her former position or one of a similar nature while the
.r..0 17
Resolution No. FD 00-012
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returning employee resumes the position he or she previously held.
§ 9. Jury Duty
Any member of District who is called or required to serve as a trial juror may be
absent from duty with District during the period of such service or while necessarily being
present in court as a result of such call. Such member on jury duty will continue to receive
normal pay, provided he or she:
A. Notifies his or her supervisor or Duty Chief in advance. with
adequate time remaining so that a relief may be obtained.
B. Returned to duty within a reasonable time after being released with
a signed certificate of service from the court stipulating the hours of service and release time.
This certificate may be obtained by asking the court secretary or bailiff. The employee then
forwards it to his or her supervisor or Duty Chief.
C . Pay received for service while absent from District must be turned
over to District; however, pay received while off duty may be kept by the employee.
D. All personnel called for jury duty must abide by all of the above
rules and must return to work if dismissed before the end of their regular work shift.
§ 10. Civil Subpoena/Criminal Subpoena
A. Civil Subpoena
When members of District have been served a civil subpoena to appear in court as
a witness due to actions as a District employee, the following procedure shall be tollowed:
1. Personnel will be paid at their regular hourly rate while they are in
court.
2. District transportation will be provided when available. If the
employee uses his or her own transportation, he or she will be reimbursed by District at the
prevailing mileage rate.
3. If the employee is required to appear in a court that is outside the
Rancho Cucamonga Fire Protection District and this appearance requires the employee to buy a
meal and/or lodging, he or she will be reimbursed.
If an extended appearance in court is necessary where lodging and meals
would be required, authorization shall be obtained from the department head.
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B. Criminal Subpoena
1. Pursuant to California Penal Code $ 1326. et. seq., if an emplovee
is served with a criminal subpoena, the employee will be paid at the regular hourly rate while in
court.
2. District transportation will be provided when available. If the
employee uses their own transportation. they will be reimbursed by District at the prevailing
mileage rate.
3 . If the employee is required to appear in court outside the Rancho
Cucamonga Fire Protection District and this appearance requires the employee to buy a meal. he
or she will be reimbursed. If an extended appearance in court is necessary where lodging and
meals would be required, authorization shall be obtained from the department head.
4. A criminal subpoena need not have a court stamp affixed.
§ 11. Leaves of Absence Without Pay
A. Upon the written request of the employee, a leave of absence may he
granted for a period not to exceed thirty (30) days by the Fire Chief, or a period not to exceed one
(1) year by the Board of Directors.
B. Failure of the employee to return to his or her employment upon the
termination of an authorized leave of absence shall constitute a separation from service of that
employee.
C. Leave of absence without pay granted by the Board shall not be construed
as a break in service or employment. During these periods, vacation. holiday. or sick leave
credits shall not accrue. An employee reinstated after a leave of absence without pay shall
receive the same step in the salary range received when he or she began the leave of absence.
Time spent on such leave without pay shall not count toward service for increases within the
salary range. For purposes of this section, the employee's merit increase eligibility date shall be
adjusted to the date of reinstatement.
D. An employee on an approved leave of absence without pay may continue
medical insurance coverage by paying the full cost to District, in advance, for each month, or
portion thereof, of which he or she is absent.
ARTICLE IV GRIEVANCE PROCEDURE
§ 1. Purpose
This article is intended to provide a fair and orderly procedure for the resolution
of employee grievances involving wages, hours and terms and conditions of employment. A
grievance is a claimed violation, misinterpretation, misapplication, or noncompliance with
C\RC\AG.MT\FFhMOU1\3 .14.0 19
Resolution No. FD 00-012
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existing District codes, resolutions, rules, regulations. or this document.
§ 2. Obiectives
The grievance procedure is established to accomplish the following objectives:
A. To settle disagreements at the employee-supervisor level,
informally if possible.
B. To provide an orderly procedure to handle grievances.
C. To resolve grievances as quickly as possible.
D. To correct, if possible, the cause of grievances to prevent future
similar complaints.
E. To provide for a two-way system of communication by making it
possible for levels of supervision to address problems, complaints, and questions raised by
employees.
F. To reduce the number of grievances by allowing them to be
expressed and thereby adjusted and eliminated.
G. To promote harmonious relations generally among employees,
their supervisors and the administrative staff.
H. To assure fair and equitable treatment of all employees.
§ 3. General Provisions
A. Preparation of a grievance will be accomplished in such a manner and at a
time that will not interfere with normally required work procedures.
B. No individual member of the Board of Directors shall be approached at
any time that the grievance is being processed.
C. Failure of the grievant to comply with time limitations specified in the
grievance procedure shall constitute a withdrawal of the grievance, except upon a showing of
good cause for such failure. Failure of District supervisory or administrative staff to comply
with specified time limitations shall permit the grievant to proceed to the next step in the
procedure. EXCEPTION: Notwithstanding the above, an extension of time is permitted with
the mutual consent of both parties.
D. In the event a grievant elects to represent himself or herself or is
represented by counsel other than that provided by the employee organization, the employee
organization shall be apprised of the nature and resolution of the grievance if the issues involved
C\RC\AG.MT\FFA.MOel\3.14.0 20
Resolution No. FD 00-012
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are within the scope of said organization's representation rights.
E. If an individual named in a dispute is unavailable within the time period
specified in these procedures, time limitations can be extended by mutual agreement of the
representatives of the respective parties.
F. Any period of time specified in this rule for the giving of notice or taking
of any action exclude weekends and holidays.
§ 4. Informal Grievance Procedure
Most problems or complaints can be settled if the employee will promptly.
informally and amicably discuss them with his or her immediate supervisor. Such an initial
discussion shall precede any use of the formal grievance procedure. If the immediate supervisor
fails to reply to the employee within three (3) days, or the employee is not satisfied with the
decision, the employee may utilize the Formal Grievance Procedure.
§ 5. Formal Grievance Procedure
A. Step I
The employee and/or representative shall present the grievance. in A ritinu and
signed, to his or her immediate supervisor within fifteen (15) days of the date that cause for a
grievance arises. An official grievance form must be used stating names. dates, times, place, and
nature of grievance. The employee's supervisor shall attempt to resolve the grievance with the
employee and shall submit his or her decision in writing to the employee within three (3) days
after receipt of the grievance. The employee shall have the right to appeal the decision of the
supervisor to the Fire Chief.
B. Step II
1. If the grievance is not resolved to the satisfaction of the employee.
the grievant has three (3) days following receipt of the written response from his or her
supervisor to file a written appeal to the Fire Chief or designated representative.
2. Written appeal to the Fire Chief or designated representative shall
consist of the statement of the grievance and shall include a statement by the grievant's
representative setting forth the reasons why the response of the employee's supervisor did not
satisfactorily resolve the grievance and an indication of the action desired by the grievant.
3. After submission of the written appeal. the Fire Chief or designee
shall reply within three (3) days, in writing, to the grievant regarding the grievance. In event of
rejection, reasons for so doing will be included in the response.
C,3c\ACMT',-FA.o.r\3 .14.c 21
Resolution No. FD 00-012
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C. Step III
If the grievance is not resolved by the Fire Chief or designee to the satisfaction of
the grievant, the grievant may, within three (3) days. then file a written appeal to the Board of
Directors.
An appeal to the Board must include a complete statement of facts supporting the
grievance, a statement by the grievant or representative settin-, forth the reasons why the Fire
Chief or designee did not satisfactorily resolve the grievance and a list of witnesses the grievant
would call to testify. The grievant may request a formal hearing before the Board and, further,
may request the hearings to be a closed personnel session. The Board shall schedule such
hearings within ten (10) days after receipt of the request. The Board shall submit its decision, in
writing, to the employee within ten (10) days of the date of the hearing. If no submittal is made.
the grievance shall be deemed rejected and the decision of the Fire Chief or designee sustained.
D. Step IV
If the grievance is not settled in Step 111, binding arbitration may be invoked in
accordance with the following:
1. The request for arbitration must be submitted within ten (10) days
of receipt of the decision of the Board of Directors.
2. A "Fact Sheet" must be submitted to the arbitrator by both parties,
stating the nature of the grievance and desired action.
3. The term "arbitrator," as used herein, shall refer to a single
arbitrator.
4. A list of five (5) arbitrators shall be requested from the California
State Conciliation Service. The hearing arbitrator shall be chosen by an initial flip of a coin, with
the winning side, Board or grievant, having the first choice of either selecting the arbitrator or
eliminating one (1) candidate. The turn shall then revert to the other side, who then can exercise
the. same option. This procedure continues until either an arbitrator is agreed upon or there is
only one (1) candidate remaining.
5. The arbitrator so selected shall hold a hearing at a time and place
convenient to the parties involved. Statements of position may be made by the parties, and
witnesses may be called. The arbitrator shall have the initial authority to determine whether or
not the dispute is arbitrable under the express terms of this Memorandum of Understanding.
Once it is determined that the dispute is arbitrable, the arbitrator shall proceed in accordance
with these provisions to determine the merits of the dispute submitted to arbitration.
6. The location and time of the hearing shall be mutually agreed upon
by both parties. If an agreement cannot be achieved, each party will submit their location and
time to be drawn by chance.
C =2.:.c.M7 F=xrt0u1'13 .14.c 22
Resolution No. FD 00-012
Page 30 of 36
7. All expenses which may be involved in the arbitration proceedings
shall be borne by the parties equally: however, expenses relating to the calling of witnesses or the
obtaining of depositions or any other similar expenses associated with such proceedings shall be
borne by the party at whose request such witnesses or depositions are required.
8. Legal counsel may be obtained by either party if they so wish.
Expenses for legal counsel shall be borne by the party obtaining such counsel.
9. The pay for the arbitrator will be based upon the fee charged by the
California State Conciliation Service for such services.
10. Failure on the part of the District's representative or
Uievant/grievant's representative to appear in any case before an arbitrator. without good and
sufficient cause, shall result in forfeiture of the case and responsibility for payment of all costs of
arbitration borne by the party failing to appear.
11. The decision of the arbitrator shall be final and binding upon
District and appellant.
ARTICLE V SAFETY
§ I. Compliance
District and employees in the Association shall conform to and comply with all
health, safety, and sanitation requirements imposed by District, state or federal law or re_aulations
adopted under state or federal law.
§ 2. No Discrimination
No employee shall be in any way discriminated against as a result of reporting any
condition believed to be a violation of Section 1 of this Article V.
§ 3. Safety Equipment
Should the employment duties of an employee in the unit, in the estimation of
OSHA, require use of any equipment or gear to insure the safety of the employee or others.
District agrees to furnish such equipment or gear.
§ 4. Employee Responsibility
In the course of performing their normally assigned work, employees will be alert
to observe unsafe practices, equipment, and conditions: as well as environmental conditions in
their immediate area which represent health hazards and will report such conditions to their
immediate supervisor. All employees shall make certain that all power machinery is equipped
with safety devices properly installed and in working condition and that co-workers use utmost
care in the handling of tools and equipment. Employees shall report all accidents immediately to
C\RC\AGMT\FFAM0U1\3 .14.0 23
Resolution No. FD 00-012
Page 31 of 36
their immediate supervisors. Reports shall be submitted on forms provided by District.
§ 5. Minimum Manning
When the District increases its manning assignment for a truck or engine
company to four (4) individuals, both sides agree to meet and confer regarding minimum
manning levels. Minimum manning will be three (3) man engines. Minimum manning on a
regular shift shall remain at twenty (20) suppression personnel unless authorized by the District
Board to reduce below the level of twenty (20).
§ 6. Smoking Policy
Employees in Union have agreed to accept and abide by the District "Smoking
Policy," as written and approved by the Chief in effect on July I. 1996.
ARTICLE VI MANAGEMENT RIGHTS
§ 1. Scope of Rights
It is understood and agreed that District possesses the sole right and authority to
operate and direct the employees of District in all aspects, except as modified in this
Memorandum of Understanding. These rights include, but are not limited to:
A. The right to determine its mission, policies, and standards of
service to be provided to the public;
B. To plan, direct, control, and determine the operations or services to
be conducted by employees of District;
C. To determine the methods, means, and number of personnel
needed to carry out District's mission;
D. To direct the working forces;
E. To hire, assign, or transfer employees within District;
F. To promote, suspend, discipline, or discharge emplovees;
G. To layoff or relieve employees due to lack of work or funds or for
other legitimate reasons;
H. To make, publish, and enforce rules and regulations;
I. To introduce new or improved methods, equipment, or facilities;
C\FC'.AGS.":\FFAXCU1\3.14.0 24
Resolution No. FD 00-012
Page 32 of 36
J. To contract out for goods and services:
K. To take any and all actions as may he neccssan to carry out the
mission of District in situations of civil emergency as mas he declared h_c the Board of Directors
or Fire Chief;
L. To schedule and assign work.
M. To establish work and productivity standards.
§ 2. Emeraencv Conditions
If in the sole discretion of the Board of Director. or Fire Chicf it u determined
that extreme civil emergency conditions exist, including, but not hooted u,. nuts. ciytl disorders.
earthquakes. floods, or other similar catastrophes. the pro\isions of thi. 1IOlniay he suspended
during the time of the declared emergency, provided that wage rates and munctan inner hcnelus
shall not be suspended.
ARTICLE VII MAINTENANCE: OF BFVPFITS
All benefits enjoyed by the employees at the present time, %\high are not included
in nor specifically changed by this MOU, shall remain in full force and effect. provided.
however, that upon the mutual agreement of the parties. the meet and confer prucess play he
initiated to address proposed changes. This Article shall not be micrprrtcd as aflectma any other
rights or obligations the respective parties have under § 3500 cr sty. of the California
Government Code.
ARTICLE VIII APPROVAL BY THE BO.1RD OF DIRECTORS
This MOU is subject to approval by the Board of Directors of Drsrncr. The
parties hereto agree to perform whatever acts are necessary hoth µ,mil\ and sep:uatcly to urge the
Board to approve and enforce this MOU in its entirety. Follo%am_ approval of this 1101' by the
Board, its terms and conditions shall be implemented by appropriate ordinance. resolution. or
other lawful action.
ARTICLE IX PROVISIONS OF LAN
It is understood and agreed that this MOU and employees are suhlect to all
current and future applicable Federal and State laws and regulations and the current pro%isions of
District law. If any part or provisions of this MOU is in conflict or mconsutcm with such
applicable provisions of those Federal. State, or District enactments or is othcr%eise held to be
invalid or unenforceable by any court of competent jurisdiction, such part or proytston shall be
suspended and superseded by such applicable law or regulations. and the remainder of this MOU
shall not be affected thereby. If any substantive part or provision of this -MOU is suspended or
superseded, the parties agree to re-open negotiations regarding the suspended or superseded part
or provisions with the understanding that the total compensation to employees under this MOU
shall not be reduced or increased as result of this Article.
'.C.AG[!'7`=FAMC-.'.J .1:.C j 5
Resolution No. FD 00-012
Page 33 of 36
ARTICLE X TERM
The term of this MOU shall commence on July 1, 2000 and will continue for a
three year period, ending on June 30, 2003. In the event either party hereto desires to negotiate a
successor MOU, such parties shall serve upon the other, during the month of March, its written
request to commence negotiations as well as any written proposal for such successor MOU.
Upon receipt of such written proposals, negotiations shall begin no later than thirty (30) calendar
days after such receipt.
Dated 7i 7- OaDated _ r/ ar7— a a0 D
Union District
Sam Spagnola re dent Lawrence 1. plc,
Administrative Services Director
NT(ke Ploun eprese ve
Approved by action of the Board of Directors the day of 2000
Resolution No. FD 00-012
Page 34 of 36
SALARY SCHEDULE AS OF JULY 1 , 2000
Adopted at the August 2nd, 2000 Fire Board meeting for
Rancho Cucamonga Firefighters' Local 2274
A B C D E
FIRE CAPTAIN 20.41 21.43 22.50 23.63 24.81 Hourly
2,286.16 2,400.47 2,520.49 2.646.52 2,778.84 Bi-Weekly
4,953.35 5,201.02 5.461.07 5.734.12 6,020.83 Monthly
FIRE ENGINEER 17.40 18.27 19.18 20.14 21.15 Hourly
1,948.66 2,046.09 2.148.40 2.255.82 2.368.61 Bi-Weekly
4,222.10 4,433.21 4,654.87 4.887.61 5.131.99 Monthly
FIREFIGHTER 15.21 15.97 16.76 17.60 18.48 Hourly
1,703.09 1,788.24 1,877.65 1.971.54 2,070.11 Bi-Weekly
3,690.02 3,874.52 4,068.25 4,271.66 4,485.24 Monthly
FIRE INSPECTOR 17.34 18.20 19.11 20.07 21.07 Hourly
1,941.67 2,038.75 2,140.69 2.247.73 2.360.11 Bi-Weekly
4,206.95 4,417.30 4,638.17 4,870.08 5.113.58 Monthly
HAZARDOUS MATERIAL STIPEND
1.06 1.06 1.06 1.06 1.06 Hourly
118.43 118.43 118.43 118.43 118.43 Bi-Weekly
256.60 256.60 256.60 256.60 256.60 Monthly
PARAMEDIC STIPEND
2.53 2.53 2.53 2.53 2.53 Hourly
283.85 283.85 283.85 283.85 283.85 Bi-Weekly
615.00 615.00 615.00 615.00 615.00 Monthly
CANINE STIPEND
1.06 1.06 1.06 1.06 1.06 Hourly
118.43 118.43 118.43 118.43 118.43 Bi-Weekly
256.60 256.60 256.60 256.60 256.60 Monthly
EXHIBIT "A"
Resolution No. FD 00-012
Page 35 of 36
SALARY SCHEDULE AS OF JULY 19 2001
Adopted at the August 2nd, 2000 Fire Board meeting for
Rancho Cucamonga Firefighters' Local 2274
A B C D E
FIRE CAPTAIN 21.31 22.38 23.49 24.67 25.90 Hourly
2,386.75 2,506.09 2,631.40 2,762.97 2.901.11 Bi-Weekly
5,171.30 5,429.87 5,701.36 5,986.43 6.285.75 Monthly
FIRE ENGINEER 18.16 19.07 20.03 21.03 22.08 Hourly
2,034.40 2,136.12 2,242.92 2,355.07 2.472.82 Bi-Weekly
4,407.87 4,628.26 4,859.67 5,102.65 5.357.78 Monthly
FIREFIGHTER 15.88 16.67 17.50 18.38 19.30 Hourly
1,778.02 1,866.92 1,960.27 2.058.28 2,161.20 Bi-Weekly
3,852.38 4,045.00 4,247.25 4,459.61 4,682.59 Monthly
FIRE INSPECTOR 18.10 19.00 19.95 20.95 22.00 Hourly
2,027.10 2,128.46 2,234.88 2,346.62 2.463.96 Bi-Weekly
4,392.06 4,611.66 4,842.24 5,084.35 5.338.57 Monthly
HAZARDOUS MATERIAL STIPEND
1.10 1.10 1.10 1.10 1.10 Hourly
123.64 123.64 123.64 123.64 123.64 Bi-Weekly
267.89 267.89 267.89 267.89 267.89 Monthly
PARAMEDIC STIPEND
2.53 2.53 2.53 2.53 2.53 Hourly
283.85 283.85 283.85 283.85 283.85 Bi-Weekly
615.00 615.00 615.00 615.00 615.00 Monthly
CANINE STIPEND
1.10 1.10 1.10 1.10 1.10 Hourly
123.64 123.64 123.64 123.64 123.64 Bi-Weekly -
267.89 267.89 267.89 267.89 267.89 Monthly
EXHIBIT "B"
Resolution No. FD 00-012
Page 36 of 36
SALARY SCHEDULE ASF
O JULY 1 2002
Adopted at the August 2nd, 2000 Fire Board meeting for
Rancho Cucamonga Firefighters' Local 2274
A B C D E
FIRE CAPTAIN 22.25 23.36 24.53 25.75 27.04 Hourly
2,491.77 2,616.36 2,747.18 2,884.54 3.028.76 Bi-Weekly
5,398.84 5,668.78 5.952.22 6.249.83 6,562.32 Monthly
FIRE ENGINEER 18.96 19.91 20.91 21.95 23.05 Hourly
2,123.92 2,230.11 2,341.62 2.458.70 2,581.64 Bi-Weekly
4,601.82 4,831.91 5,073.51 5.327.19 5,593.55 Monthly
'FIREFIGHTER 16.57 17.40 18.27 19.19 20.15 Hourly
1,856.25 1,949.06 2,046.52 2.148.85 2.256.28 Bi-Weekly
4,021.88 4,222.97 4,434.12 4,655.83 4,888.62 Monthly
FIRE INSPECTOR 18.90 19.84 20.83 21.87 22.97 Hourly
2,116.30 2,222.11 2,333.22 2.449.88 2,572.38 Bi-Weekly
4,585.31 4,814.58 5,055.31 5.308.08 5.573.48 Monthly
HAZARDOUS MATERIAL STIPEND
1.15 1.15 1.15 1.15 1.15 Hourly
129.08 129.08 129.08 129.08 129.08 Bi-Weekly
279.68 279.68 279.68 279.68 279.68 Monthly
PARAMEDIC STIPEND
2.53 2.53 2.53 2.53 2.53 Hourly
283.85 283.85 283.85 283.85 283.85 Bi-Weekly
615.00 615.00 615.00 615.00 615.00 Monthly
CANINE STIPEND
1.15 1.15 1.15 1.15 1.15 Hourly
129.08 129.08 129.08 129.08 129.08 Bi-Weekly
279.68 279.68 279.68 279.68 279.68 Monthly
EXHIBIT "C"