|
The following represents the Parties’ comprehensive Tentative Agreement on all issues in this matter and reflect the Parties’ mutual understanding of the Term Sheet signed by the Parties on September 12, 2022.
Wages and benefits for Seasonal Employees are covered in the attached Tentative Agreement, which is expected to be separately adopted by the Board of Supervisors. Seasonal employees will remain subject to the applicable terms of the MOU and the Seasonal Employee Tentative Agreement is hereby incorporated into this Tentative Agreement.
|
1. Duration
Modify Article 17 as follows:
Art. 17 Termination Date
This agreement shall be in effect from October 16, 2022 through June 30, 2025.
Negotiations, on the changes or amendments desired, shall begin as soon as possible following receipt of a request to bargain about a successor agreement. Every effort shall be made to complete such negotiations prior to the end of the contract term.
2. Wages
Replace Article 5 with the following:
[Note: this means deletion of Section 5.3, which explains the transition of Holiday Pay]
Art. 5 Salaries
5.1 Salaries
Effective the pay period following October 16, 2022, the rate of pay for all represented employees shall be increased by two percent (2.0%).
Effective the first full pay period of July 2023, the rate of pay for all represented employees shall be increased by three percent (3.0%).
Effective the first full pay period of July 2024, the rate of pay for all represented employees shall be increased by three percent (3.0%).
5.2 Equity Adjustments
Effective the pay period following October 16, 2022, all Regular Hire full-time employees will receive a one percent (1.0%) equity increase.
Effective the pay period following October 16, 2022, represented employees in the Firefighter, Firefighter Paramedic, and Senior Fire Captain classifications will receive a one percent (1.0%) equity increase.
Effective the pay period following October 16, 2022, represented employees in the Fire Engineer Paramedic (40 and 56) and the Fire Captain (40 and 56) classifications will receive a two point two percent (2.2%) equity increase.
Effective the pay period following October 16, 2022, represented employees in the Fire Inspector classification will receive a nine point nine one percent (9.91%) equity increase.
5.3 Emergency Medical Technician Pay
Effective the pay period following October 16, 2022, all Regular Hire full-time employees who have a current California Emergency Medical Technician (EMT) Certification will receive additional pay of two percent (2.0%). Employees must maintain their EMT Certification to continue receiving this benefit.
5.4. One-time Lump Sum Payment
Effective the pay period following adoption of a successor contract by the Board of Supervisors, Regular Hire full-time employees shall receive a one-time, non-pensionable payment of $2,400. This amount will be prorated for Regular Hire part-time employees based on the part-time employee’s FTE.
5.5 Retention Bonuses
All regular hire employees in paid status upon ratification of this agreement will receive a one-time, non-pensionable payment of $1000, in recognition of years of service to the County. The retention bonus will be paid within 3 pay periods following adoption of a successor contract by the Board of Supervisors.
All regular hire employees who are in paid status as of July 1, 2023 will receive a one-time $1000 bonus in the first paycheck in August 2023 in recognition of years of service to the County.
5.6 Signing Bonus for Newly Hired Employees
When a position is deemed “hard to fill”, as determined by Human Resources, after notification to the Association, new employees hired after ratification of this agreement shall be eligible for up to $2500-$10000 signing bonus. “Hard to fill” generally means an approved open recruitment has been unfilled for six (6) months, or the approved recruitment needed to re-open more than once because the County was unable to hire a candidate for the opening, or the County can show a difficulty retaining employees in the classification due to salary concerns, or other similar agencies are offering a signing bonus for the classification. The signing bonus shall be split and the new employee shall receive 50% of the signing bonus in the first paycheck and 50% of the bonus after successful completion of the probationary period. In any case, if the employee does not complete the first full year of employment, the employee shall reimburse the County for the signing bonus received.
5.7 Acting Captain (Pay for Grade)
Effective the first full pay period after programming of the Telestaff system to accommodate Pay for Grade is completed, but no later than February 2023, Employees in the ranks of Engineer, Engineer Paramedic, or Fire Heavy Equipment Operator who are designated by the Department to perform all of the duties of a Fire Captain, shall receive 5.0% pay differential for each hour worked as an Acting Captain.
Employees in the ranks of Engineer, Engineer Paramedic, or Fire Heavy Equipment Operator who are deployed Out of County as an Engine Boss or Crew Boss (i.e., performing all of the duties of a Fire Captain or company officer) shall receive the 5.0% Acting Captain pay differential during the Out of County deployment.
The parties understand that the County will initially calculate the regular rate of pay for employees receiving Acting Captain pay to include the Acting Captain differential for all overtime hours worked. However, this calculation is not required by law. Therefore, within thirty (30) days’ written notice from the County the parties will meet over the sole issue of implementing a regular rate calculation based on the FLSA for employees receiving Acting Captain pay.
3. Work Schedules (Update)
Modify Sections 6.1.1 and 6.4.3 as follows:
Art. 6. Hours of Work
6.1 Work Period and Duty Day
6.1.2 “40-hour employees” are those in the Fire Dispatcher, Firefighter, Firefighter Paramedic, Engineer, Engineer Paramedic, and Fire Captain classifications and Fire Inspector classifications assigned to any administrative or operational assignments designated by the Fire Chief.
6.4 Overtime, Compensatory Time, Callback
Computation for 40 hour employees except for Fire Dispatchers 6.4.3.1 Overtime is time worked beyond the employee’s regular duty day (e.g., 8 or 10 hours); or the forty (40) duty week, whichever is longer. The regular rate of pay for overtime compensation for employees in administrative assignments shall be based on hours regularly scheduled in a 7-day work period.
Example:
(Hours scheduled in 7-day work period x hourly rate) + any other eligible
renumerations received in the work period
/
Hours scheduled in 7-day work period
4. Vacation
Modify Section 7.1 as follows:
Art. 7. Prerequisites
7.1 Vacation
7.1.1 Each regular employee shall be entitled to earn vacation credit on the basis of months of continuous service in accordance with the following schedule. A year of service equals 2912 hours for regular hire fire suppression employees, and 2080 hours for 40-hour employees. Fire Dispatchers hired before July 1, 2009 will be grandparented in with Regular Hire Fire Suppression accrual rates listed below.
Regular Hire Fire Suppression Employees
| Months of Service |
Maximum Hourly Accrual |
Maximum Annual
Accrual Hours |
| 0 through 24 months |
.0385 |
112 |
| Greater than 24 months through 48 months |
.0467 |
136 |
| Greater than 48 months through 108 months |
.0577 |
168 |
| Greater than 108 months through 228 months |
.0770 |
224 |
| Greater than 228 months through 360 months |
.0962 |
280 |
| Greater than 360 months |
.1154 |
336 |
40 Hour Employees
| Months of Service |
Maximum Hourly Accrual |
Maximum Annual
Accrual Hours |
|
0 through 24 months
|
.0385
|
80
|
|
Greater than 24 months through 48 months
|
.0467
|
96
|
|
Greater than 48 months through 108 months
|
.0577
|
120
|
|
Greater than 108 months through 228 months
|
.0770
|
160
|
|
Greater than 228 months through 360 months
|
.0962
|
200
|
|
Greater than 360 months
|
.1154
|
240
|
Vacation shall be accumulated as indicated above with a maximum accumulation of 360 hours for Regular Hire Fire Suppression employees and for Fire Dispatchers hired before July 1, 2009 and a maximum accumulation of 300 hours for 40 hour employees. Thereafter, additional vacation time accrual shall be suspended.
Fire Dispatchers hired on or after July 1, 2009 shall have the same vacation accrual schedule and vacation cap as other 40-hour employees covered by this agreement.
7.1.2 Vacation After Six Months of Employment
If convenient to the County, the Fire Chief may authorize vacations up to the number of duty hours actually accumulated during the first six months continuous employment.
7.1.3 Preference
Employees shall be given preference for vacations by job assignment based upon department seniority,
“Job assignment” is defined as either Fire Suppression, Medical or Administrative or Fire Dispatcher. For the purposes of this section, all the Firefighter’s are considered to be assigned to “medical”.
[Note: There may need to be some additional changes here to address 40-hour employees]
Personnel assigned are as listed below:
FIRE SUPPRESSION
Fire Engineer
Fire Heavy Equipment Operator
Fire Captain
Senior Fire Captain
MEDICAL
Firefighter
Firefighter Paramedic (40 hour and 56 hour)
Fire Engineer Paramedic
ADMINISTRATIVE
Fire Captain (Administrative Assignment)
FIRE DISPATCHER
Fire Dispatcher
Shift Battalion Chiefs will be contacting each of their personnel for vacation scheduling, and utilizing this policy. Each individual will be allowed to schedule 4 consecutive shifts up to two cycles, of “A” (summer months June 1– October 31) vacation per year, on a SHIFT seniority basis.
Each individual will be allowed to schedule UNLIMITED CONSECUTIVE SHIFTS of “B” (winter months November 1 – May 31) vacation per year, on a SHIFT seniority basis.
Vacation shall be scheduled only in numbers of hours accumulated by the date of the scheduled vacation. The minimum number of hours of vacation in any given day shall be 8 hours and the maximum number of partial days per calendar year shall be four (4).
Vacation scheduled and approved must be taken. However, exceptions may be granted on a case-by-case basis to an employee who is unable to take a scheduled vacation for good cause (e.g., illness, injury, etc. to employee or family member). The determination, by the County, of whether good cause exists shall be made by the Fire Chief.
SUPPRESSION
“A” (June 1 – October 31) one individual off per shift
“B” (November 1 – May 31) two individuals off per shift
MEDICAL
“A” (July 1 – October 31) one individual off per shift
“B” (November 1 – June 30) two individuals off per shift
ADMINISTRATION
As fits the needs of the individual and the Department.
Windows
September 15 – 30 will be the window for bidding winter (November 1 – May 31) for Suppression; November 1- June 30 for Medical vacations.
March 15 – 30 will be the window for bidding summer (June 1 – October 31) for Suppression; July 1 - October 31 for Medical vacations.
There will be one rotation for summer vacation and two rotations for winter vacations.
Highlights
Seniority lists will be utilized for suppression and medical. Each shift will maintain two seniority lists (one for suppression, one for medical). Seniority will be used for both window periods, separately.
Vacation requests will be taken in blocks of consecutive shifts. Seniority bidding will occur during windows only.
It is the individual’s responsibility to be prepared for the bidding process prior to window dates. Individuals not prepared will be skipped.
Individual “Remaining Days”
Individual days remaining after the bids will be granted on a first come, first served basis, unless it incurs ten (10) hours or more of overtime at the time of the request.
Individual “remaining days” will be available year round.
Once an individual vacation day is granted, it cannot be revoked.
Individual “remaining days” must be requested two weeks in advance. Only the Chief or Deputy Chief may approve days requested with less than two weeks’ notice.
Vacancies that exceed 120 calendar days as a result of 4850 Disability, Long-Term Disability, retirements, resignations or terminations, that will result in overtime if the Individual Day is granted, will not be grounds for denial of the day.
7.1.4 Illness on Vacation
If an employee becomes ill while on vacation, the time of actual illness may be charged against accumulated sick leave subject to sick leave requirements.
7.1.5 Vacation Payment at Termination
An employee who resigns, retires, is laid off, or discharged and who has earned vacation time to the employee’s credit shall be paid for the vacation time as of the effective date of termination.
7.1.6 Trade Policy
7.1.6.5 Trades between ranks will be permitted subject to restrictions in Department Policy.
7.1.7 After working 14 or more consecutive days on an out of county assignment, if the employee returns to the county on a regular duty day, the employee may use vacation time for the remainder of the duty day with the approval of the Chief or designee.
5. Holidays
Modify Section 7.2 as follows:
Art. 7. Prerequisites
7.2 Holidays
7.2.1 Regular Holidays
7.2.1.1 Regular employees shall be entitled to the following holidays with pay: the first day of January; the third Monday in January; the twelfth day of February; the third Monday in February; a Day of Reflection (in lieu of Cesar Chavez and Juneteenth) celebrated May 10th; the last Monday in May; the fourth day of July; the first Monday in September; the ninth day of September; Veteran’s Day; Thanksgiving Day; the Friday immediately following Thanksgiving Day; December 25; and every day appointed by the President of the United States or the Governor of the State of California for a public fast, thanksgiving, or holiday and adopted by the Board of Supervisors.
7.2.1.2 When a holiday falls on a Saturday or Sunday, the Friday proceeding a Saturday holiday, or a Monday following a Sunday holiday, shall be deemed to be a holiday in lieu of the day observed. For an employee who does not work a Monday through Friday schedule, the day immediately following the employee’s two days off shall be deemed to be a holiday in lieu of the day observed.
6. Fringe
Modify Section 7.3.1 as follows:
Art. 7. Prerequisites
7.3 Insurance And Retirement Contributions
The County provides a fringe benefits package described below. Unless expressly stated, all benefits listed in this article are prorated based upon the employee’s regular hire FTE. Hours worked as a Contingent Hire (i.e. Extra Hire) employee, and/or hours worked in excess of a part- time regular hire FTE, and/or overtime hours do not count toward the accrual of benefits.
7.3.1 Biweekly Fringe Benefits
In calendar year 2022, the County’s Biweekly fringe benefit contribution for regular hire employees enrolled in a County medical plan shall be:
| |
Biweekly Payment Annual Salaries At/Above $74,000* |
Biweekly Payment Annual Salaries Below $74,000* |
| Employee Only |
$540.33 |
$540.33 |
| Employee + 1 Dependent |
$677.66 |
$690.56 |
| Employee + Family |
$908.74 |
$934.53 |
*Annual salary threshold to determine the County’s fringe benefit contributions shall be above/below $77,000 for calendar year 2023, above/below $79,000 for calendar year 2024 and above/below $85,000 for calendar year 2025.
Effective in December 2022, in the pay period in which there will be an increase in health insurance premiums, the County will increase the bi-weekly fringe benefit package by the same dollar amount as the Kaiser Silver plan increase, from zero percent (0%) to six percent (6%) (based on the premium increase to the Kaiser Silver plan) for benefitted employees at the employee plus one (1) and employee plus family benefit levels.
In December 2022, in addition to the above, the County will add $0.65 per pay period to the employee only, employee plus one (1) and employee plus family fringe payments to cover dental enhancements.
Effective December 2023 and December 2024, in the pay period in which there will be an increase in health insurance premiums, the County will increase the bi-weekly fringe benefit package by the same dollar amount as the Kaiser Silver plan increase (or the premium increase to the County’s lowest cost HMO at that time), from zero percent (0%) to five percent (5%) (based on the premium increase to the Kaiser Silver plan or the County’s lowest cost HMO at that time) for benefitted employees at the employee plus one (1) and employee plus family benefit levels.
Adjustment to County Fringe Contribution at the Employee-Only Enrollment Level in Plan Years 2023 and 2024: If the biweekly premium at the Kaiser Silver employee-only level in plan years 2023 and 2024 exceeds the County’s plan year 2022 biweekly fringe contribution at the employee-only level (i.e., $514.50 biweekly), the County will increase its biweekly fringe contribution at the employee-only level to an amount equal to 100% of the biweekly premiums for employee-only enrollment in Kaiser Silver, for all represented employees who enroll in employee-only medical plans.
7. Re-Assignment
Modify Section 7.2 as follows:
Art. 7. Prerequisites
7.10 Reassignment
One or more vacancies or anticipated vacancies (e.g., vacancies expected due to retirement or promotion) in the Department shall be open to reassignment of current regular employees of the same rank or classification as the vacant position. Notice of the vacancy or vacancies shall be provided by the Fire Chief via Target Solutions and any regular employee holding the stated rank or classification may submit to the Fire Chief a written request for reassignment. Notices of vacancy will be open for one (1) week for a request for reassignment. The reassignment requests shall be considered in order of seniority in rank of employees submitting requests. However, the Fire Chief shall have the discretion to fill vacancies in the manner the Fire Chief determines to be in the best interests of the efficiency and effectiveness of the department. Decision will be made within five (5) days of vacancy close date. A list of those who applied for and received the vacancy will be sent to those candidates and the Association within two days after the selection is made.
7.10.1 There shall be no mass reassignments. Reassignments shall occur when vacancies are created or anticipated (as by promotion) or for cause (e.g. personality conflict). The issue of “cause” may be grieved to the level of the Chief, but not to arbitration.
8. Promotional Exams
- Rename Article 14 “Promotional Procedures”
- Title Existing Text 14.1 “Fire Engineer Promotional”
- Add the following Paragraph 14.2
14.2 Promotional Testing
To allow the members to make their vacation bidding picks based around Promotional Testing Dates, the County will make best efforts to schedule promotional testing in advance of vacation bidding windows and will publish known promotional testing dates one (1) month prior to the Vacation Bidding Window in which the promotional test will take place as follows:
For promotional testing held between November 1st- May 31st, known dates will be published no later than August 31st.
For promotional testing held between June 1st-October 31st, known dates will be published no later than February 28th.
Nothing in this section prevents the County from scheduling additional promotional testing dates and providing notice outside of these windows to address recruitment needs (e.g., an exhausted list). The County will notify the Association when additional testing is needed and will seek to provide as much notice as possible when this occurs.
9. Cleanup/Update
- 2 - Update list of classifications [Delete Fire Crew Superintendent, add Firefighter Seasonal (72 Hour), add Wildfire Defensible Space Inspector, include 40- and 56-hour regular full-time classifications.]
- 7.2 - Replace specific position references with “Seasonal Extra Hire Employees”
- Delete references to Fire Crew Chief/Fire Crew Superintendent
- Delete outdated references (e.g., Ed Incentive changes which occurred in prior years).
- Dispatch side letter continues with no change to notification period