Resolution No. 4421
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RESOLUTION NO. 4421
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING
A MEMORANDUM OF UNDERSTANDING BETWEEN THE MUNICIPAL EMPLOYEE
RELATIONS REPRESENTATIVE OF THE CITY OF VERNON AND THE VERNON
FIRE FIGHTERS LOCAL 2312 (EMPLOYEE GROUP 4)
THE CITY COUNCIL OF THE CITY OF VERNON RESOLVES AS FOLLOWS:
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 Eiop10yee Group 4, 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:
SECTION 1: That the City Council of the City of Vernon does
hereby approve and ratify the Memorandum of Understanding between
the MUnicipal Employee Relations Representative of the City of
Vernon and the Vernon Fire Fighters Local 2312 (Employee Group 4);
SECTION 2: That the approval and ratification set forth
herein are subject to all the terms, covenants and conditions
contained in said Memorandum of Understanding;
SECTION 3: That the City Clerk of the City of Vernon shall
certify to the passage of this Resolution and thereupon and there-
after the same shall be in full force and effect.
ADOPTED AND APPROVED this 15th day of June, 1976.
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IEMER, Cl.ty C er
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J. STATE OF CALIFORNIA )
) ss.
2 COUNTY OF LOS ANGELES )
3,
4'
5
I, F. A. ZIEMER, City Clerk of the City of Vernon, do
hereby certify that the foregoing resolution, being Resolution
6 No. 4421 , was duly adopted by the City Council of the City 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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F. A. Ziemer, City Clerk
LAW OFFICES
V\ l\} \
ARTHUR GROMAN
CHESTER I~ LAPPEN
EeWARD RUBIN
IRVING J. AXELRAe
JOHN L. NOURSE
SEYMOUR P. STEINBERG
HILBERT P. ZARKY
HAROLD F"RIEDMAN
.JAMES B.JENNINGS
HOWARD s. SMITH
EDWARD R. McHALE
SHERWIN L.SAMUELS
NORMA G. ZARKY
ABRAHAM SOMER
L.LEE PHILLIPS
HARRY. J. KEATON
GORDON STULBERG
ALLAN E. BleLIN
HENF;!Y L.5TERN
WI1.L1AM M. KAPLAN
RICHARD M. MOSK
CHARLES A.COLlIER,JR.
FLOYD A. RAPPAPORT
EDMUNO A. HAMBURGER
THOMAS P. BURKE
J. NICHOLAS COUNTER m
EDWARD M.MEDVENE
MICHAEL HOLTZMAN
JOSEPH HORACEK m
MARC I. HAYUTIN
KENNETH A.KlEINBERG
MOSHE J. KUPIETZKY
RICHARD I. LEHER
HOWARD J. RUBINROIT
MICHAEL L.KLOWOEN
RUSSELL J. FRACKMAN
H. WAYNE TAYLOR
THOMAS P. LAMBERT
WILLIAM R..HARMSE:N
ALBERT Z. PRAW
DEREK W. HUNT
ROY L.sHuLTS
ANDREW B. KAPLAN
JUDITH N. LEVY
STEVEN M. SCHNEIDER
RANDOLPH M. SLOTKY
STEVEN G. SMALL
DAVID S. SAUNDERS
PATRICIA H. BENSON
RICHARD S. SHAFFRAN
PETERM. LOPEZ
EUGENE H. VEENHUIS
s. DAVID ASHLEY
FRANK J. SCARDINA
HAYWARD J. KAISER
MARILYN E.LEVINE
DAVie S. GUSM-AN
MILTON E.OL1N,JR.
DEBORAH P. KOEFFLER
ERIC EISNER
MITCHELL, SILBERBERG &.KNUPR
TELE.X: 69~1347
OF' COUNSEL
SHEPARD MITCHELL
HER8ERT FRESTON
RALPH E. LEWIS
R E CE I V E [) OANIE~EBER
') '7 -'77' B. SILBERBERG
~ _~ ~ / 1908--1965
~ GUY KNUPP
1907-1970
F. A. ZIEMER
CITY CLERK
1800 CENTURY PARK EAST
LOS ANGELES, CALlFORN11>. 90067
(2131553-5000
CABLE ADDRESS:
SILM1TCH
February 18, 1977
MAn t~.19"J
a .J
OUR FILE NUMBER
The Honorable City Council
City Hall
4305 Santa Fe Avenue
Vernon, California 90058.
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Attention:
Mr. Frank A. Ziemer, City Clerk
Re: Vernon Fire Fighters' Local 2312
Memorandum of Understanding
(Employee Group 4)
Gentlemen:
I take pleasure in submitting to you and to
reconrrnend for your" approval the enclosed fully executed
Amendment to the above Memorandum of Understanding. The
purpose of this Amendment is to delete from the Memoran-
dum of Understanding a provision relating to the Fair Labor
Standards Act. Th1.sprovision has become unnecessary be-
cause the Supreme Court has held the FLSA inapplicable to
municipal employees.
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Relations
the City
HJK/sel
Enclosure
cc: Ralph Helm, Esq. (w/e~cl.)
AMENDMENT TO MEMORANDUM OF UNDERSTANDING
BETWEEN THE
MUNICIPAL EMPLOYEE RELATIONS REPRESENTATIVE
OF THE
CITY OF VERNON
AND THE
VERNON FIRE FIGHTERS LOCAL 2312
(EMPLOYEE GROUP 4)
The Municipal Employee Relations Representative
of the City of Vernon (hereinafter "MERR" and "Vernon" re-
spectively) and the Vernon Fire Fighters Local 2312, also
known as Vernon Fire Fighters' Association, International
Association of Firefighters Local 2312 AFL-CIO-CLC (herein-
after "Fire Fighters' Association") hereby agree to jointly
recommend to the City Council of Vernon for approval by
resolution the Amendment hereinafter set forth to the Memo-
randum of Understanding between them dated June 14, 1976:
1. Article 6~ Section 6.6 is deleted.
2. This Amendment to the Memorandum of Understanding
supersedes the Amendment to the Memorandum of Understanding
signed by the Fire Fighters' Association as of December 22,
1976, and by the Municipal Employee Relations Representative
as of December 21, 1976.
3. The foregoing Amendment shall become effec-
tive on January 1, 1977 or upon approval by the City Council
of Vernon, whichever is later.
Dated:
Dated:
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VERNON FIRE FIGHTERS LOCAL 2312
a/kjaVERNON FIRE FIGHTERS'
ASSOCIATION, INTERNATIONAL ASSOCIA-
TION OF FIRE FIGHTERS LOCAL 2312
AFL-CIO-CLC
By:
By:
MUNICIPAL EMPLOYEE RELATIONS
REPRESENTATIVE OF THE CITY OF
VERNON, A HUNICIPAL COR ORATION
By:
on ,~lunicipal
ations Representative
of Vernon
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!lliMORfu~DUM OF UNDERSTM~DING
BET~illEN THE
:MUNICIPAL ENPLOYEE RELATIONS REPRESENTATIVE
OF THE
CITY OF VERL'l'ON
AL\TD THE
VE~~ON FIRE FIGHTERS LOCAL 2312
(E~~LOYEE GROUP 4)
(JUNE 14, 1976)
This Memorandum of Understanding is entered into w'ith
reference to the follmving facts:
1. On or about June I, 1971, upon petition filed by
the Vernon Firemen's Association, pursuant to Resolution No.
4027 of the City Council of the City of Vernon (hereinafter
called "Vernon"), F. A. Ziemer, City Clerk of Vernon, c~rtified
that the Vernon Firemen's Association (hereinafter called
"Association") is the recognized employee organization for its
rneBbers employed by Vernon in an employee group defined in the
aforesaid Resolution as Hall full-time and regular part-time
management and confidential employees in the Fire Departmen.t. n
2. On or about Nay 13, 1975, pursuant to Resolution
4027, Vernon Fire Fighters Local 2312 (her,einafter called
"Local 2312") was certified as the recognized employee organlza-
tiOD for employees as identified in Section 1 above as the
VERNON FIRE FIGHTERS LOCAL 2312
(Group 4) - 6/14/76
successor to the Association.
3. Local 2312 and the Hunicipal Employee Rela-cions
Representa-cive (hereinafter called "Ci ty Representative") of
Vernon have presented to each other a nuwher of requests con-
cerning "\vages, hours, and other terms and condi,tions of
employment of the employees represented by Local 2312, and the
city Representative and Local 2312 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.
4. Vernon and Local 2312 desire to establish and
maintain harmonious, sound and stable relations between the
City and the employees in the Fire Department.
Based upon the foregoing facts, the City Representa-
tive of Vernon and Local 2312 hereby agree as follows:
1. This Memorandlli~ of Understanding constitutes a
mutual reco~~endation to be jointly submitted to the City
Council of Vernon for approval by Resolution and implementation
by one or more Resolutions as may be deemed necessary by said
City Council.
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(Group 4) - 6/14/76
2 . SALARIES:
2.1 Effective July I, 1976, the salaries for all
classifications in GrollP 4 at all grades shall be increased by
six and one-half percent (6-1/2%) (rcunded off .to the nearest
dollar for each monthly salary).
B. NONDISCRIMINATION:
3.1 Vernon and Local 2312 agree not to discrimi-
nate against any employee or applicant for employment because
of participation or lack of participation in the la.wfuI
ac-tivities of any employee organization and further agree to
comply .."ith all applicable Federal and State lal,vs and regula-
tions prohibiting discrimination in any aspect of employment
or organizational rnembe'rship because of racer cree.d, religion r
national origin, age, or sex.
4. LIFE, HEALTH; AND DENTAL INSU~~NCE:
4.1 Effective July 1, 1976, and for each month
thereafter through June, 1977, inclusive; Vernon I,vill pay on
account of insurance coverage for each employee in the classi-
fications in Group .l1 and for such employees i 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 in effect as of June 30, 1976.
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VE&~ON FIRE FIGHTERS LOCAL 2312
(Group 4) - 6/14/76
5. MILITARY TI~lli:
5.1 Effective July 1, 1976, or as soon thereafter
as PERS allows, Vernon will adopt the provisions of Section
20930.3 of the Government Code, as amended by Assembly Bill 898
of 1974.
6 . SHIFT OVERTIi.1E PROCEDURE:
6.1 Availability List (Sign Up) Calendar:
Availability list (sign up) calendar to be
kept ln Captain's Office.
6.1.1 Personnel must slgn up (initial) for
dates they will be available for overtime by the 15th
of each month for the following month.
6.1.2 Captain on duty shall report personnel
availability to the Battalion Chief on duty.
6.1.3 Battalion Chief 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.
6.1.4 An overtime record will be kept by
Battalion Chiefs by rank and seniority indicating
method of call back, dates and~hours worked, and
irtitial of person doing calling back.
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VERONON FIRE FIGHTERS LOCAL 2312
(Group 4) - 6/14/76
~ethod of Call Back:
6 .1.5 Every time a person is called to work
on overtime, he will be called to work either by
obligation (OB) I sustitute for obligation (SUB) or
from the master availability list (AL) ca1,endar. This
will be indicated in the card file by a check off
mark In the OB and SUB COlllifu~ or the AL column; a
Dw.-nber indicating the number of times worked.
6.1.5.1 People on the master avail-
ability list with the fewest times worked in
the AL column (card file) will be called.
,
6.1.5.t Check off marks in SUB
(substitute for obligated person) or OB
(obligated person) columns will not count as
times worked regarding availability list call
backs.
~.1_6 Personnel shall be called back according
to rank cmd positions ."hen available ,asnecessary to
fill shift vacancies and will receive reasonable
notice.
~.1.7 Self Obligation:
Personnel signing availability calendar
for overtime shall be responsible to.work the day he
signed for when notified.
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(Group 4) - 6/14/76
6."1.8 Removing Self Obligation:
All personnel shall have the right to
remove their names from the availability calendar
before being notified to work.
6.1.8.1 Person notifies Captain on
duty to remove his name from the availability
list. Paper work to follow.
6~1~8.2 Captain notifies the Battalion
Chief as soon as possible to remove the
person's name from the availability list.
6.1.9 Not Available:
Personnel are not available for the
following reasons:
6.1~9.1 Name 1S not on the availability
list.
6.1.9.2 Injury or illness.
j6.1.9.3 Death or illness in the family.
6.1.9.4 First 15 consecutive days of
vacation.
6.1.10 Personnel maybe available any other
time they sign for, excluding SO's or scheduled duty
days.
6.2 Administrative Obligation:
The shifts that cannot be filled by the avail-
ability list (AL) 1 shall be filled by administrative obligation.
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VERNON FIRE FIGHTERS LOCAL 2312
(Group 4) - 6/14/76
6.2.1 Personnel 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.
6.2. 2 ~vhen a person 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.
6.2.3 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 substitute (SUB) coluron and will
not be charged with an availability (AL) list nUl-rtber.
6.2.4 Times worked off availability list (AL)
or substitute (SUB) collli~n do not count toward filling
time in the obligated to work (OB) collli~n.
6.2.5 Battalion Chiefs will glve personnel
a reasonable notice prior to shift of obligation unless
there 1S an emergency.
6.2.6 Duty Chief shall have final determina-
,tion to fill shift vacancies.
'6~2_7 Unavailable to be Obligated:
Personnel shall be unavailable for
obligation for the following reasons:
6.2.7.1 SO's including the shifts
before and after the SO's.
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6.2.7.2 Trades; days before and after.
6.2.7.3 Injury or illness.
6.2.7.4 Death or illness in the family~
6.3 Holidays:
In order to create incentive to work the
following days, Christmas, Christmas Eve, New Year I s Day, Ne-.:,.
Year's Eve, Easter, Thanksgiving, Fourth of July, Labor Day, and
Memorial Day, personnel will not be charged a time worked in the
available list (AL) colUJ.u...."1. Time will be charged to the substi-
tute (SUB) column.
6.4 Carryover:
As this system consists of voluntary avail-
ability and is protected by the obligation system, there is no
reason that it cannot carryover from year to year, and it will
not be necessary to start ane~v each year.
6.4.1 Availability of personnel newly assigned
or reassigned to shift shall co~~ence at time of such
assignment and shall not be retroactive.
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(Group 4) - 6/14/76
6_5 Paramedics ln training shall, under no
circll...11lstances 1 be eligible for shif-t overtime.
6.6 In calling employees to work overtime pursuant
to this Article those employees will be called first who will not
have worked in excess of 216 hours within a tw~nty-eight (28)
day work cycle by virtue of_being so called.
6.7 The provisions of this Article shall be
subject to amendment, following meeting ahd conferring in com-
pliance with state law and Resolution 4027, to acco~~odate the
requirements of the Fair Labor Standards Act and any regulations
and interpretations issued pursuant thereto or any amendments
of such Act, regulations or interpretations In order to permit
the City to schedule 1;vork so as to minimize work in excess of
statutorily allowed straight time hours.
6.8 This procedure shall be posted at all stations.
7. GRIEVANCE PROCEDUP~:
7.1 Vernon will adopt a grlevance procedure
applicable to all classifications of employees in Group 4 con-
taining the following principles:
7.1.1 A grievance will be defined as a dispute
arlslng out of the interpretation or applicatic:r of
VERNON FIRE FIGHTERS LOCAL 2312
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any provision of this Memorandum of Understanding or
any Ordinance, Resolution drwritten pOlicy.of V~rnon
concernlng monetary benefits, hours of work, or working
conditions including disciplinary matters, but exclud-
lng any and all provisions of Resolution 4027.
t.l.2 Step 1:
This step will be oral between the
employee and his irmnediate superior with a grievance to
be raised by the employee within fifteen (15) days after
the occurrence of the event on which it is based.
7.1.3 Step 2:
In this step the grievance will be
reduced to writing and submitted to the employee's
immediate superior. The grievanc~ will be heard by two
officers of a rank at least equal to the grieving
officer who were not involved in the incident which
is the subject of the grievance and who, wherever
possible ,are not in the direct line of COIni11and of
the grieving employee. The two officers shall be
selected by the employee from a list of seven (7)
submitted by the Chief or his designated representative.
7.1.4 Step 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.
7.1.5 Step 4:
If the grievance 1S not resolved in Step
3, a hearing Hill be conducted before the City Council.
VERNON FIRE FIGHTERS LOCAL 2312
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'7 ,,1.6 A grievance arising out of a discharge
or a suspension in excess of five (5) days may be
initiated in any Step above Step 1 at the employee's
option.
7.1.7 In the case of a grlevance by a
Batallion Chief, Step 2 shall be inapplicable and if
the grievance is not resolved in Step 1 it shall be
reduced to writing and proceed directly to Step 3.
7.1.8 In Steps I, 2 and 3 the employee may
be represented by any member of the department of his
choosing who is willing to so serve. At Step 4 the
employee may be represented by any person of his
choosing including counsel..
7.1.9, 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.
7.2 The principles set forth above shall be incor-
porated ln a formal grievance procedure.
8. LEAVES OF ABSENCE:
The City may grant a permanent employee a leave of
absence without pay upon the follo'rling terms and conditions:
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VERNON FIRE FIGHTERS LOCAL 2312
{Group 4} - 6/14/76
:8.1 No leave \vi thout pay shall be granted ex,::ept
upon written request of the employee and shall be subject to
signed approval by the Fire Chief and final approval by the
Ci ty Council.
,1.2 Leaves of absence ln excess of one year shall
not be granted.
8.3 The employee must return to work upon the
specified termination date of the leave of absence and shall be
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reinstated in\the position held at the time the leave was granted
provided that the employee is in physical condition to properly
carry out the duties of that position; provided further that the
Fire Chief may require a physical examination at City expense
in order to determine that such is the fact.
8 .4 An employeev-lho is on a leave of absence
'\.vithout pay in excess of one mOnth shall not accrue any benefits
during such leave of absence and his anniversary date of employ-
ment shall be adjusted to the nearest month by the ruuount of the
leave of absence. Days off in lieu of paid vacations and
holidays during -the calendar year following the year in '\.vhich
the leave of absence occurred shall be adjusted proportionately
to the nearest full day off provided that an employee who had
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VERNON FIRE FIGHTERS LOCAL 2312
(Group 4) - 6/14/76
a leave of absence of'less than one full year shall receive the
minimum number of consecutive shifts off required by state law.
8.5 Failure of an employee on leave to report
promptly at its expiration shall be cause.for discharge.
9 . OTHER TERMS:
9.1 Vernon and Local 2312 agree that the terms of
this Memorandum of Understanding and all monetary benefits pro-
vided for by Ordinances, Resolutions or written policies of the
City of Vernon as of June 3D, 1976, shall remain in full force
and effect and unchanged during the term of this Memorandlli"1l of
Understanding.
9.2 Job Opportunities:
All permanent openings for positions that are
not filled by compet~tive examinations such as Training Officer,
Administrative Captain and Deputy Fire Marshal shall be posted for
at least thirty (30) days and open to all interested' officers for
consideration by the Fire Chief.
9.3 No more than two (2) employees in the classi-
fications in Group 4 in any platoon shall be scheduled off duty
at anyone time.
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VERNON FIRE FIGHTERS LOCAL 2312
(Group 4) - 6/14/76
1 D. SAVINGS CLAUSE AND LEGAL LnUTATIONS:
10.1 It is understood and agreed that this
Memorandlli-rt of Understanding and any and all Resolutions or
Ordinances adopted in implementation thereof are and shall be
subject to all present and future applicable federal and state
laws and regulations and shall be effective and implemented
only to the extent permitted by such laws and regulations. If
any part of "this NemoranduITl of Understanding 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.
1"1. TERM:
. 11.1 The terms -agreed upon by this Nemorandu...'1l of
Understanding shall take effect upon approval by one or more
Resolutions or Ordinances of the City Council of Vernon and
shall remaln in full force and effect until midnight June 3D,
1977. Local 2312 hereby expressly waives any right to request
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VERNON FIRE FIGHTERS LOC~ 2312
(Group 4) - 6/14/76
any improvements or other changes In the wages, salaries, hours
or other conditions of employment of employees .in the classi-
fications in Group 4 to take effect prior to July 1, 1977, and
Vernon shall not be required to meet and confer as to any such
request.
J.1~2 If Local 2312 desires to meet and confer
with Vernon concerning improvements or changes in wages,
salaries, hours or other conditions of employment to take effect
on or after July I, .1977, it shall serve upon the tlliRR a written
request to meet and confer no later than March I, 1977, or at
least four (4) months prior to July 1 of the year for which such
changes are sought.
Dated:
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By:
By:
Dated:
6 [/j--bG
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MUNICIPAL EMPLOYEE RELATIONS
RE... PRESENT~TIVE OF THE. CIZTY. OF VERNON,
A ~.1UNICIP'A; CORPORATI ~ ;J
By: zr '-vf\n
H ' ry J. Keat _ 1 Municipal. Employee
lations Re e entative of the
City of Vernon
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VERNGN FIRE FIGHTERS LOCAL 2312
(Group 4) - 6/14/76