Resolution No. 4420
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RESOLUTION NO. 4420
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING
A MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPAL EMPWYEE
RELATIONS REPRESENTATIVE OF THE CITY OF VERNON AND THE VERNON
FIRE FIGHTERS LOCAL 2312 (EMPLOYEE GROUP 1)
THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS FOLLOWS:
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WHEREAS, the Vernon Fire Fighters Local 2312 has been recog-
nized as the successor to the Vernon Firemen's Association, pur-
suant to Resolution No. 4027 of the City Council of the City of
Vernon, and have met and conferred with the Municipal Employee
Relations Representative of the City of Vernon, and
WHEREAS, members of Vernon Fire Fighters Local 2312, repre-
senting Employee Group 1, have jointly met, and pursuant to said
meeting and conferring have executed a Memorandum of Understanding
with the Municipal Employee Relations Representative of the City
of Vernon covering the period of time from July 1, 1976, to and
including June 30, 1977, and
WHEREAS, the City Council of the City of Vernon does hereby
approve said Memorandum of Understanding,
NOW, THEREFORE, BE IT RESOLVED:
20 SECTION 1: That the City Council of the City of Vernon does
21 hereby approve and ratify the Memorandum of Understanding between
22 the Municipal Employee Relations Representative of the City of
23 Vernon and the Vernon Fire Fighters Local 2312 (Employee Group 1);
24 SECTION 2: That the approval and ratification set forth
25 herein are subject to all the terms, covenants and conditions
26 contained in said Memorandum of Understanding;
27 SECTION 3: That the City Clerk of the City of Vernon shall
28 certify to the passage of this Resolution and thereupon and there-
29 after the same shall be in full force and effect.
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ADOPTED AND APPROVED this
:~ Clerk
15th day of June, 1976~
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J. STATE OF CALIFORNIA )
) ss.
2 COUNTY OF LOS ANGELES )
I, F. A. ZIEMER, City Clerk of the City of Vernon, do
hereby certify that the foregoing resolution, being Resolution
No.
4420 , was duly adopted by the City Council of the C ty of
Vernon, and approved by the Mayor of said City, at a regular
meeting of the City Council held on
June 15, 1976
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Clerk
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NEi'10P~NDUN OF ONDERSTANDING
. BET'VVEEN THE
MUNICIPAL .~;NPLOYEE RELATIONS REPRESENTA'l'IVE
-OF THE
CITY OF VERNON
AND THE
VEfu~ON FIRE FIGHTERS LOCAL 2312
(EMPLOYEE GROUP 1)
(JUNE 14, 1976)
'This Memorandu..-rn of Understanding is entered into \'ll
ref~rence to the fol;Lowing facts:
1. On or about June 1, 1~71, upon petition filed b~
the Vernon Firemen's Association, pursuant to Resolution No;
4027 of the Ci"ty Council. of the City of Vernon (hereinafter
called "Vernon"), F~ A. Ziemer, City Clerk of Vernon, certifiE
that t. he Vernon Firemen I s Association (hereinClfter called
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"Association") is the recognized employee organization for it~
members employeo. by Vernon in an employee group defined in the
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aforesaid Resolution as lIall fuli--'tirne and regular part-t.irne
employees in the Fire Department except management employees."
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2. On or about Hay 13,3-975, pursuan't to Resolution L;.,,,
40271 Vernon Fire Fighters Loc~l 2312 (her~inafter called
"Local 2312") was certified, as the recognized employee OrrjCl.nlza.
tion for emplo:.{2e's as i'd:e!1ti'fied ih Secti'on 1 abov"'e as the
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VERNON FIRE FIGHTERS LOCAL 231
(Group 1) - 6/14/76
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successor to fhe Assoctation._
3. Local 2312, and the Mun~cipal Employee Relations
Represen-tati ve(hereinafter called "Ci ty Representati vet!) of
Vernon have presented to each other a number .of requests con-
cerning wages, hours, and other terms andcbnditibns of
employment of the employees represented by Local 2312, and the
City R~presentative and ,Local 23T2-have met and conferred as
to such matters in good faith. The'City Council by order duly
extended the time for'the completion of meeting and conferring
to and inclusive June 14, 1976.
..:;.:to.
4. Vernon and Local ,2312 desire to establish and
maintain harmonious,' sound and stable relat.ions behleen the
Ci ty :and the employees in the Fire Departmen,t.
Based upon the foregoing facts, the City Representa~
tive of Vernon and Local 2312 hereby agree as follows:
1., This Memorandum 0+ Understanding constitutes a
mutual recoffiil1endation to be jointlysubmi tted to the City
Council of Vernon for approval by Resolution and implementa-tion
by one or more Resolutions as may be deemed necessary by said
Ci.ty Council.
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VERNON FIRE FIGHTEPS LOCAL 2312
(G~o~p 1) - 6/14/76
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2. SALARIES:
2.1 ~ffective July l~ 1976; the salaries for all
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classifications in Group 1 at all grades shall be increased by
six and one~half percent (6--'1/2%) (rounded off to the nearest
dollar for each IUon"thly salary).
3.1 Effective July 1,1976, employees in Group 1
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3 & PAR.Z\rlliDICS:
who have successfully comple'ted .the presc::l:"ibed FiremanMICU
(Mobile Intensive"'tare Unit) Paramedic Training Course and are
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assigned as Paramedics shall." receive Fifty Dollars ($50) per
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month in additibnto' their basic rate of pay.
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4.NONDISCRHlINATION:
4.1 Vernon artdL6cal 2312 agree not, to discrimi-
nate against any employee or applicant for employment because
of participation or lack of participation in the la\~ful
activities of any employee organization and further agree to
comply with all applicable Federal and State laws and regula-
tions prohi~itiqg discrimination in any aspect bf emplo~ment
or organizational" membership because of race, creed, religion,
national origin, age, or sex.
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VERNON FIRE FIGHTERS LOCAL 2312
(Group 1) - 6/14/76
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5. LIFE, HEALTH,. AND DENTAL INSURANCE:.
5~1 Effec.tive July 1, 1976, and for each month
thereafter through June, 1977, inclus~ve~ Vernon will pay on
account of insurance coverage for each employee in the classi-
fications in Group 1 and.~or such employees' dependents a sum
equal to the premium charged for such coverage as of.June 30,
1976, to provide the benefits available under the insurance
policy or policies ln effect as of June 30, 1976.
6. MILITARY TIME:
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6.1 Effective July 1, 1976, or as soon thereafter
as PE'RS allows, Vernon will adopt the provisions of Section
20930.3 of the Government Code, as amended by Assembly Bill 898
of 1974.
7 . SHIFT OVERTIME PROCEDURE:'
7.1 Availability' List (Sign Up) Calendar:
Availability lis,t (sign up) calendar to be
kept in Captain's Office.
7.1.1 Personnel must sign up (initial) for
dates they \villbe available for overtime by the 15th
,of each. month for the fallowing month.
7.1.2 Captain on duty shall report personnel
availability ~othe BattClliOn Chief
VERNON FIRE
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on duty.
FIGHTERS
6/14/76
LOCAL 2312
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7.1.3 B~ttaliohChief shall keep a master
availabiilty list. (sign Up) calendar in. his office.
A copy of the master record.shall be posted at each
station prior to the first ,of the month.
7.1.4 An overtime' record will he kept by
BattaliOn Chiefs by rank ~ndseniority indicating
method of call back, dates and hours worked, .and
iriitial of person doing calling back.
,Method of Call Back:
7.1.5 Every time a person is called to work
on overtime, he will be called to work either by.
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obligation (OB)" susti tute for obligation (SUB) or
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from the master availability list (AL) calendar. Thls
will be indicated in the card .file by a check off
mark in the OB and SUB column or the AL column; a
number indicating the number of times worked.
7.1.5.1 People on the master avail- .
ability list with the fewest times worked ln
the At colurtm (card file) will be called.
7.1.5.2 Check off marks in SUB
{substitute for'obligated petson) or OB
(obligated person) columnS will not count as
times work.ed regarding availability list, call
backs.
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7.1.6 Personnel shall be called back according
to rank and positions \.,hen available, as necessary to
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VE~~ON FIRE FIGHT~RS LOCAL 2312
(Group 1) - 6/14/76
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fill shift vacancies and will recelve. rea~onable
notice.
7.1.7 Self Obligation:
Personnel signing availability calendar
for ov~rtime shall be responsible to work the day ,he
signed for when notified.
7.1.8 Removing Self Obligatiqn:
All personnel sha'll have the right to
remove their names, from, the availability calendar
before being notified to work.
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7.1.8.1 Person notifies Captain on
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duty to remove his naine.from the availability
list. Paper work to follow.
7.1.8.2 Captain notifies the Battalion
Chief'as soon as possible to remove the
person's name from the availability list.
7.1.9 No.t Availabl~:
Personnel are not available for the
fcillowing reasons:
7.1.9.1 Name is not on the availability
list.
7.l.9.2Injury or illneSs.
7~1.9.3 Death or illness in the family.
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7.1.9.4 First 15 consecutive days of
vacation.
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VERNON FIRE FIGHTERS LOCAL 2312
(Group 1) - 6/14/76
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7.1.10 Personnel may be available any other
time they sign for, excluding SOI~ or scheduled duty
days.
7.2 Administrative Obligation:
The shifts that qannot be filled by the avail~
ability list (AL) , 'shall be filled by administrative' obl'igation.
7.2.1 Personriel will be obligated by seniority
as indicated in the overtime record. Every person is
responsible to work his shift of obligation or to obtain
a substitute of equal rank.
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7.2.2 When a p~rson is notified of his shift
of obligation he must ,notify the' Battalion Chief prior
to the overtime (24 hour) shift if he has a substitute.
7.2.3 The obligated person obtaining a sub-
stitute will have met his obligation and will be checked
off in the obligation (OB) column. The'substitute will
be checked off in the sul:;>stitute (SUB) column and will
not be charged with an availability (AL) list number.
7.2.4 Times worked off availability list (AL)
or substitute (SUB) column.do not count toward filling
time in the obligated to work (OB) column.
7.2.5 Battalion Chiefs will give personnel
a reasonable notice prior to shift of 9b1igation unless
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there is' an emergency.
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VERNON FIRE FIGHTERS LOCAL 2312
(Group 1) - 6/14/76
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7.2.6 . Duty Chief shall have final determina-
tion to fill shift vacancies.
7.2.7 Unavailable to be Obligated:
Personnel shall be unavailable for
obligation for the ~ollowing ieasons:
7 .2. 7 .l sa's including the shifts,
before and after the SO's.
7.2.7.2 Trades; days before and after.
7.2.7~3 Injury or illness.
7.2.7.4 Death or illness in the family.
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.7.3, Holidays:
Ih order to create incentive to work the
following days, Christmas, Christmas KV'.e, New Year's Day, New
Year's Eve, Easter, Thanksgiving, Fourth of July, Labor Day, and
Memorial Day, personnel will not be cha.rged a time worked in the
available list (AL) column. Time will be charged to the substi--'
. tu-te (SUB) column..
7.4 Carryover:
As this system consists ?f vOluntary avail-
ability and is protected.by the obligation system, . there is no
reason that it ci;mnot carryover from year to year, and it will
not be necessary to start anew.e~ch year~
7.4.1 Availability of Personnel newly assigned
or r.eassignedto shift. shall COTIunence at time of such
assignment arid shall not 'be retroactive.
VERNON fIRE FIGHTERS LOCAL 2312
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7.5 Paramedics 'in training shall, under no
circumstClnces, be eligible Lor shift overtime.
7.6 In calling employees to work overtime pursuant
to thik Article those employees will he called .first who will not
have worked in excess of 216 hours within. a twenty-eight (28)
day Hork cycle by, virtue of. being so called.
7.7 The provisions of this Article shall be
subject to amendment, following meeting and conferring in com-
pliance with statelmv and Resolution 4027, to accommodate the
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requirements of the Fair Labor Standards Act and any regulations
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and interpretations issued pursuant thereto or any amendments
of such Act, regulations or interpretations ln order to permit
the City to schedule work so as to minimize work in excess of
statutorily allowed straight time hours.
7.8 This proce,dure shall be posted at all stations.
8. GRIEVANCE PROCEDURE.:
8.1 Vernon will adopt a grievance procedure'
applicable to all classifica:tions of employees in Group 1 con-
taining the following piincibles:
8.1.1 1\ gJ;::ievance will be defined asa dispute
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arising ou't of the inte:rpretation or application of
VERNbN FIRE FIGHTERS LOCAL 2312
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any provision of this I1emor2mdum of Understanding or
any Ordinance, Resolution or written policvofVernon
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concerning monetary benefits, . hours of work, or'l:lOrking
conditions including disciplinary matt~rs, but exclud~
ing any and all provislons of Resolu.t;.ion 4027.
8.1.2 Step 1:
This step will be oral between the
employee and his immediate superior with a grievance to
be raised by the employee within fifteen (15) days after
the occurrence of the ~Vent on which it is based.
B . 1. 3 Step 2 ~
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In this step the grievance will be
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reduced to writing arid submitted to the employee's
immediate superior. The grievance will be heard by two
superior officers who were not involved ln the incident
which is the subject of the grievance and "'Tho, wherever
possible, are not in the direct line of conunand of ' the
grieving employee. The.twosuperior officers shall be
selected by the employee from a list of seven (7)
submitted by the Chief ,or his designated representative.
8.1.4 St.ep 3:
If'the. grievance lS deadlocked in Step
2 or not resolved in Step 2, the grievance will be
heard by the Chief .or his designated representative~
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Step 4:
If the grievance lS not resolved in Step
3,. a hearing will be conducted before the City Council.
VERNON FIRE FIGHTERS LOCAL 2312
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8.1~6 Ag~ievanee arising out of a discharge
or a suspensio,n in excess of five (5) days may be
initiated in any Step above step 1 at the employee's
option. '
,8.1.7 In Steps 1, 2 and 3 the employee may
be represented by any mernl:)er of the department of his
choosing who lswilling to so serve. At Step 4 the
employee, may be represented by any pexsonofhis
choosing including counsel.
8 .l~. 8 Vernon will undertake to furnish a
court reporter at its ,expense for all grievance hearings
before '=the City Council. which concern the discipline
of any employee.
8.2 'The principles set forth above shall he incor-
porated in a formal grievance procedure.
9. LEAVES OF ABSENCE:.
The City may grant a permanent employee a leave of
absence without pay upon. the following terms and conditions:
9.1 No ieave without pay shall be granted except
upon written request of the employee and shall be subject ,to
signed approval by the Fire Ch.:j..ef and final approval by the
City Council.
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VERNON FIRE FIGHTERS LOCAL 2312
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9.2 Leaves of absSnce in excess of one year shall
not be granted.
9.3. The employee must return to work upon the
specified termination date of the leave of. absence and shall be
reinstated in ,the position held at the time the leave was granted
provided that th.e employee is in physical condition' to 'properly
carry out the duties of thatpositioni provided further that the
Fire Chief. may require a physical examination at City expense
in order to determine that such is the fact.
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'9.4 An employee who is on a leave of absence
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,wi thout pay in excess of one month shall hot accrue any benefits
during such leave of absence and his 'anniversary date of employ-
ment shall be adjusted to the nearest month by the amount of the
leave of absence. Days off in lieu of paid vacations and
holidays during the calendar year fol.1mving the year in which
the leave of absence occurred shall be adjusted proportionately
to the nearest full day off provided that an employee who had
a leave of absence of less than one full year shall receive the
minimum number of consecutive shifts off required by state law.
9.5 'Failure of an employee on leave to report'
promptly at its expiration shall be cause for discharge.
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VERI\lON FIRE FIGHTERS LOCAL 2312
(G~o~p 1) - 6/14/76
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10 . OTHE R TERl'-:1S:
10.1 Vernon and Local 2312 agree that the ,
terms of this Hemorandum of Understanding and all monetary
benefits provided for by Drdinances~ Resolutions or written.
policies of the City of Vernon as of June 30, 1976, shall
remain in full force and effect and unchanged during the. term
of this Memorandum of Understanding.
10.2 Job Opport;unities:
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10.2.1 All permanent openings for posi-
tions that are not filled by examination such as Fire
Inspector, Paramedic, Hechanic and Auto Fireman/Electric
Specialist shall be posted for at least thirty (30)
.days and ,open to all interested employees for con-
sideration by the Fire Chief.
10.2.2 Any person who lS hereafter appointed
to any special position which is not filled by exarnina-
tion and who, subsequently .is returned to a regular
position in the fire suppression service shall return
to the rank or position held at the time of appointment'"
to the special,positiori.unless such employee has in
. . the int~rimp1aced, by'. examihatiQn on the eligibility
list for a higher position and there is an opening to
.whi.ch he normally would be appointed.
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VERNON FIRE FIGHTERS LOCAL 2312
(Group 1) - 6/14/76
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10.3 No more than five (5) employees in the
classifications in Group 1 in any platoon shall be scheduled
off duty at anyone time.
II. SAVINGS CLAUSE ,AND LEGAL LIMITATIONS:
11.1 It is understood and agreed that this
Memorandum of Understanding and any and all Res~lutions or
Ordinances adopted in implementa.tion thereof are and shall be
subject to all present ,and future applicable federal and state
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laws and regulati.gns and shall be effective and impleme,nted
only to the extent permitted by such laws and regulations. If
any part of this Memorandum of Under,standing or of any Resolution
or Ordinance adopted in implementation thereof is in conflict
or inconsistent with any such applicable provisions of federal
or state laws or regulations or otherwise held to be invalid or
unenforceable by any tribunal of competent jurisdiction"such
part or provision shall be suspended and superseded by such
applicable laws and regulations and the remainder of,this
Memorandum of Understanding shall not be affected thereby and
shall remain in full force. and effect.
. l2. TERM:
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12.ITheterms agreed upon by this Memorandum of
Understa.nding shalJ, take effect upon approval by one or more
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VERNON:r;'IRE FIGHTERS LOCAL 2312
(Croup 1) - 6/14/76
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Resolutions or Ordinances of the City Council of Vernon and
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shall remaln in full force and effect tintil midnight June 30,
1977. Local 2312 hereby expressly waives any right to request
any improvements or other changes In the wages, salaries, hours
or other conditions of employment of employees in the classi,...
fications in Group 1 to take effect prior to July 1, 1977, and
Vernon shall not be required to meet and confer as to cmy such
request.
12.2 IfJ;..ocal 2312 desires to meet and confer
\vi th Vernon concerning improvements or changes in wages,
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salaries, hours or other ,conditions of employment to take effect
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on or after July 1, 1977, if. shall serve. upon the ,HERR a \vritten
request to meet and confer no later than March 1, 1977, or at
least four (4) months prior to July 1 of the year for \vhich such
changes are sought.
. VERi'l'ON FIRE FIGHTERS, LOCAL 2312
also known as VERNON FIRE FIGHTERS.'
.ASSOCIATION, INTERNATIONAL ASSOCIATION
OF FIRE FIGHTERS LOCAL 2312 AFL-
C 10,... CLC
By:
Dated:
By:
MUNICIPAL, EMPLOYEE REL:..~TIONS
REPRESENTA~IVE OF THE CITY OF VERNON,
A MUNICIPAL' CORPORATION
By:
Harry J. Keaton, Municipal Employee
Relations Represent~tive of the
City of Vernon
Dated:
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VERNON FIRE FIGHTERS LOCAL 2312
(Grou~ 1) - 6/l4/76