|MEMORANDUM OF UNDERSTANDING
BETWEEN AFSCME LOCAL 829 AND
MENLO PARK FIRE PROTECTION DISTRICT
This Memorandum of Understanding (“MOU”) is entered into by and between the American Federation of State, County and Municipal Employees, Local 829 (“Union”) and the Menlo Park Fire District (“District”) pursuant to the Meyers-Milias-Brown Act (Government Code Section 3500-3511) and has been jointly prepared by the parties.
SECTION 1. RECOGNITION
Pursuant to the Employer-Employee Relations Administrative Directive, adopted by the District Board of Directors on June 17, 2008, the Union is recognized as the exclusive representative for the purpose of meeting and conferring on matters within the scope of representation for individuals employed by the District in those classifications within the Non-confidential, Non-management Miscellaneous bargaining unit. Those classifications included in the bargaining unit are listed in Appendix A of this MOU.
SECTION 2. UNION RIGHTS
2.1 Communication with Employees
Any designated representative of the Union shall make arrangements with the Human Resources Manager or designee when there is a need to contact District employees in person during the duty period of the employees. Reasonable routine contact may be made during such duty period by phone, e-mail or internal mail distribution; however, solicitation for membership or other internal employee organization business shall be conducted only during the off-duty hours of all employees concerned, unless otherwise approved. Internal employee organization business includes political, union election and social matters.
2.2 Bulletin Boards
The District shall provide suitable space on bulletin board
s in work locations of represented employees. The Union shall be allowed to use such bulletin boards for communications having to do with official Union business.
2.3 Use of District Buildings
District buildings and other facilities may be made available for the Union’s use in accordance with such administrative procedures as may be established by the Fire Chief or designee.
2.4 Advance Notice
Except in cases of emergency as provided below in this subsection, the Union, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule or regulation directly relating to matters within the scope of representation proposed to be adopted by the District and shall be given the opportunity to meet with the appropriate District representatives prior to adoption.
In cases of emergency when the foregoing procedure is not practical or in the best public interest, the District may adopt or put into practice immediately such measures as are required. At the earliest practical date thereafter the Union shall be provided with the notice described in the preceding paragraph and be given an opportunity to meet with the appropriate District representatives.
2.5 Information Provided
The District shall provide the Union Representative and the Steward, electronically and at no cost to the Union, one (1) copy each of the Board of Directors minutes, agenda, preliminary budget, final budget, and any salary schedule changes.
In addition to the register of employees for whom dues or fees have been deducted at each pay period, the District shall provide the Union with a listing of each bargaining unit employee, together with classification, pay rate, employee ID number, work location, shift, work extension, and current mailing address. This listing shall be provided electronically, and on a quarterly basis.
The Union shall provide the District with e-mail information for the person(s) authorized by the Union to receive information under this provision.
2.6 Union Security
2.6.1 Agency Shop
Consistent with the provisions of the California Government Code, Section 3502.5, an employee covered by this agreement shall either: (1) become a member of the Union and pay regular Union dues, or (2) pay to the Union an agency (representation) fee as permitted by law, or (3) present to the Union and the District’s Human Resources Manager a written declaration that he or she is a member of a bona fide religion, body, or sect that has historically held conscientious objections to joining or financially supporting public employee organizations. An employee who qualifies for this exemption shall, in lieu of the agency fee payment, pay an amount equal to the agency fee to one of the following non-religious, non-labor charitable organizations: (a) the American Heart Association; (b) the American Red Cross; or (c) the Alisa Ann Ruch Burn Foundation. An employee who claims such exemption must submit written proof of such charitable payment annually to the Union and the Human Resources Manager. If the employee fails to provide such written proof, the employee will be required to pay the agency fee.
If any employee in a classification covered by this MOU fails to authorize one of the above deductions within thirty (30) calendar days of date of hire or within thirty (30) calendar days notice of the provisions of this agency shop, the District shall involuntarily deduct the agency fee from the employee’s paycheck. The District shall determine the timing of such automatic deductions. The requirement that employees who are not members of the Union pay this representation agency fee shall remain in effect until the earlier of: (1) expiration of this Agreement; (2) termination of the Agency Shop clause by action of the bargaining unit; or (3) legislation invalidating the manner in which Agency Shop was adopted. In the event that employees in the representation unit vote to rescind Agency Shop, the provisions of Section 2.6.3 – maintenance of membership, shall apply to dues-paying members of the Union.
Maintenance of Membership
All employees who are members of AFSCME and who are tendering periodic dues through dues deductions from their paycheck, and all employees who become members of AFSCME and who tender periodic dues through dues deductions from their paycheck, shall continue to pay dues for the duration of this MOU and each subsequent MOU thereafter. For a period of one hundred and twenty to ninety (120-90) days prior to the expiration of the MOU and one hundred and twenty to ninety (120-90) days prior to the expiration of any subsequent MOU, any employee who is a member of AFSCME shall have the right to withdraw from the Union by discontinuing dues deduction. Said withdrawal shall be communicated by the employee during that period of time in writing to the District Human Resources Manager; such written communication shall be delivered by certified mail and must be postmarked during the one hundred and twenty to ninety (120-90) day period. An employee who so withdraws from Union membership shall still be subject to the provisions of Agency Shop (Section 2.6.1 above).
An employee who is subsequently employed in a position outside of the AFSCME unit shall not be required to continue dues deduction.
The Union may have the regular dues of its members within the representation unit deducted from employees’ paychecks under procedures prescribed by the District for such deductions. Dues deductions shall be made only upon signed authorization from the employee upon a form furnished by the District, and shall continue until: (1) such authorization is revoked, in writing, by the employee pursuant to the provisions of this Section 2.6; or (2) the transfer of the employee out of the representation unit.
The Union shall notify the District at least thirty (30) days in advance of any change in its dues and fees.
184.108.40.206 Employees may authorize dues deductions only for the organization certified as the recognized employee organization of the unit to which the employees are assigned.
Employees may voluntarily elect to have contributions deducted from their paychecks under procedures prescribed by the District for the PEOPLE Fund. Such deductions shall be made only upon signed authorization from the employee and shall continue until such authorization is revoked in writing.
If, after all other involuntary and insurance premium deductions are made in any pay period, the balance is not sufficient to pay the deduction of Union dues, agency fee, or charity fee required by this Section, no such deduction shall be made for the current pay period.
The provisions of Section 220.127.116.11 above shall not apply during periods that an employee is separated from the representation unit, but shall be reinstated upon the return of the employee to the representation unit. For the purpose of this section, the term separation includes transfer out of the representation unit, layoff, and leave of absence without pay.
The Union shall provide the District with a copy of the Union’s Hudson Procedure for the determination and protest of its agency fees. The Union shall provide a copy of said Hudson Procedure to every agency fee payor covered by this Memorandum of Understanding and annually thereafter, and as a condition to any percentage change in the agency fee.
The Union will supply the District with deduction authorization forms and/or membership applications as well as other informational materials it wishes to be distributed to new employees.
Annually, the Union shall provide the District with copies of the financial report which the Union annually files with the California Public Employee Relations Board, the United States Department of Labor (Form LM-2), or the Union’s balance and operating statement for the prior year. Failure to file such a report within sixty (60) days after the end of its fiscal year shall result in the termination of all agency fee deductions without jeopardy to any employee, until such report is filed.
The Union shall refund to the District any amount paid to it in error upon presentation of supporting evidence.
Any new employees hired into positions covered by this Memorandum of Understanding shall be provided by the District and shall execute an “Employee Authorization for Payroll Deduction” form selecting one of the following: (1) Union dues; (2) agency fee; or (3) if he/she qualifies pursuant to the requirements of Section 2.6.1 (3) above, a fee equal to agency fee payable to one of three negotiated charities.
All dues, service fee and PEOPLE deductions shall be transmitted to Local 829 in an expeditious manner.
All transmittal checks shall be accompanied by documentation which denotes the employee’s name, employee ID number, amount of deduction and member or fee payor status.
The District shall hand out agreed upon Union materials along with Agency Shop forms.
The Union shall indemnify, defend, and save the District harmless against any and all claims, demands, suits, orders, or judgments, or other forms of liability that arise out of or by reason of this Union Security section, or any action taken or not taken by the District under this Section 2.6. This includes, but is not limited to, the District’s attorney’s fees and costs.
SECTION 3. MANGEMENT RIGHTS
The District has exclusive and inherent management rights with respect to matters of policy, which include among others: the exclusive right to determine the mission of the District; to set standards of service; to determine the procedures and standards for selection for employment; to direct its employees, including scheduling and assigning work, work hours and overtime; to take disciplinary action, subject to the requirements of applicable law; to establish employee performance standards and to require compliance therewith; to relieve its employees from duty because of lack of work, funds or other legitimate reasons; to maintain the efficiency of District operations; to determine the methods, means and the number and kinds of personnel by which District operations are to be conducted; to take all necessary actions to carry out its mission in emergencies; to contract out in its sole discretion; and to exercise complete control and discretion over its organization and the technology of performing its work; to determine the content of job classifications; to implement rules, regulations and directives consistent with the law and the specific provisions of this MOU. The District’s exercise of the above listed rights shall be in accordance with law and the specific provisions of this MOU, including the provision regarding Advance Notice when applicable.
SECTION 4. UNION STEWARDS AND NEGOTIATORS
A Steward serves as the Union representative at the workplace level, assisting unit members in interpreting and enforcing the MOU and District policies, providing representation in disciplinary matters, investigating and handling grievances, and attending meetings or hearings where matters within the scope of representation are considered during the term of the MOU. The Union may designate one (1) Steward and one (1) Alternate Steward, who performs Steward functions only in the absence or unavailability of the Steward, except by mutual agreement of the parties. A Steward may be relieved from assigned work duties by their supervisor to perform the Steward duties outlined in this section.
District employees who are official representatives of the Union for the purpose of meeting and conferring on a successor agreement shall be given time off with pay for such purposes. Such employee representatives shall submit written requests for excused absences to their respective supervisor, with an information copy to the Fire Chief or designee, at least five (5) calendar days prior to scheduled meetings whenever possible. The number of employees who shall be excused for such purposes shall be determined by the parties.
Notification of Stewards and Negotiators
The Union will promptly notify the District of the names of individuals designated to perform the functions outlined under 4.1 and 4.2 above. The use of official time for either purpose shall be reasonable and shall not interfere with the provision of District services as determined by the Fire Chief or designee, provided however that the District shall not unreasonable prevent a Steward or Negotiator from fulfilling their function.
SECTION 5. SALARIES
5.1 Salary Adjustment
On July 9, 2008, the total compensation packages for all bargaining unit positions was adjusted by 3.2%, based on the 2008 April CPI (April-April Consumer Price Index for San Francisco/Oakland/San Jose for the Urban Wage Earners (CPI-W)) rounded to the nearest $1.00. The effect of this increase on bargaining unit salaries has been incorporated in the salary ranges contained in Exhibit A.
On July 9, 2009, the salary ranges contained in Exhibit A will be adjusted by 0.3% based on the 2009 April CPI (April-April Consumer Price Index for San Francisco/Oakland/San Jose for the Urban Wage Earners (CPI-W)). The effect of this increase has been incorporated in the salary ranges contained in Exhibit B.
On July 9, 2010, the salary ranges contained in Exhibit B will be adjusted by a percentage equal to the value of the 2010 April CPI (April-April Consumer Price Index for San Francisco/Oakland/San Jose for the Urban Wage Earners (CPI-W)).
The Union and the District agree to meet in January 2011 to identify the elements of compensation and comparison agencies that shall be used in a jointly conducted total compensation survey. The purpose of this survey is to ensure that the Union and the District are utilizing the same data in negotiations and to assist the parties in achieving their mutual goal of ensuring that the compensation of representative employees is competitive with the compensation provided by any agreed upon benchmark survey agencies.
In the event that the parties are unable to reach agreement on either the elements of compensation or the comparison agencies that will be used before the parties’ first negotiating session for a successor MOU, then each party will be permitted to present any comparison data that it believes is relevant during the parties’ negotiations.
5.3 Base Salary and Salary Ranges
All employees are paid on an hourly basis. The base hourly rate is calculated before the addition of any ancillary (specialty) pay, benefits or any mandatory or voluntary deductions. The base hourly rate for a classification is determined by dividing the annual salary for the classification by 2080 hours.
Each classification in this bargaining unit shall have a five (5) step salary range, with five percent (5%) between each of the salary steps in that range. This five percent difference will be determined by applying a top down calculation which begins by determining the top step for each salary range and subtracting 5% to determine the value of the next lower step. An employee’s advancement through the salary steps is not automatic and shall require a rating on their last annual evaluation of Meets Standards or above.
5.4 Pay Practices and Timing
5.4.1 Work Week for Pay Purposes
The work week begins at 12:01 a.m. on Sunday and ends Saturday at 12:00 midnight.
5.4.2 Pay Days
Employees are paid semi-monthly, once no later than the fifteenth (15th) of the month and once no later than the last day of the month.
Checks received on the fifteenth of the month are intended to compensate employees for hours worked from the 24th of the prior month through the 8th of the current month. Checks received on the last day of the month will be for the period from the 9th of the current month through the 23rd of the current month.
In the event that the District and IAFF agree to bi-weekly pay days, the parties agree that Union members will also be paid on the same bi-weekly basis as that negotiated with IAFF.
5.4.3 Timing of Compensation Adjustments
The date of changes to compensation will be effective the first day of the payroll period following the date of final approval as granted by the Board or the Fire Chief, as appropriate. Exceptions to effective dates of change require approval by the Fire Chief.
5.5 Entrance Salary
The entrance salary for a new employee entering the District service shall be the minimum salary for the class to which he/she is appointed. Exceptions to this provision may be made at the sole discretion of the Fire Chief and are not subject to the grievance procedure.
5.6 Permanent/Probationary Employee Salary Advancement
Permanent employees serving in regular established positions shall be advanced to the next higher salary step for their respective classifications after successful completion and satisfactory service in each of the salary steps for the classification until the top of the range is reached. Advancements are not automatic, but are based on possession of a rating on their last annual evaluation of Meets Standards or above. Employees may not advance more than one step in a twelve (12) month period of time.
5.7 Salary Step when Salary Range is Increased
Whenever the monthly schedule of compensation for a class is revised, each incumbent in a position to which the revised schedule applies shall be entitled to the step in the revised range which corresponds to the step held by him/her in the previous range.
5.8 Salary Step After Promotion or Demotion
5.8.1 Salary Step After Promotion
When an employee is promoted from a position in one class to a position in a higher class, his/her salary shall be adjusted to the first step on the salary schedule for the higher classification that is at least 5% greater than the employee’s salary before the promotion, except that under no circumstance shall the employee receive a salary that is greater than the range for the higher position.
5.8.2. Salary Step After Demotion
When an employee is demoted, whether such demotion is voluntary or otherwise, that employee’s compensation shall be adjusted to the salary prescribed for the class to which he/she is demoted. The specific rate of pay within the range shall be determined by the Fire Chief, whose decision shall be final; provided, however, that the employee’s step on the salary schedule for the demoted position shall not be set at a step that is lower than the step held by the employee before the promotion.
Unit employees may be eligible to receive specialty pay, based upon job classification. The criteria for receiving a specialty pay, the amount of such pay, and whether such pay will be included in an employee’s regular rate of pay for overtime purposes or included in reportable earnings for retirement purposes varies as specified below. Exhibit C contains a list of bargaining unit positions and the specialty pays available to each position.
Under no circumstance shall the combined total of specialty pays received by an employee exceed fifteen percent (15%) of the employee’s base rate of pay. An employee’s base rate of pay is determined in accordance with Section 5.3 above and does not include any Employer Paid Member Contributions (EPMC) provided for under Section 12.5.2. There is no compounding of multiple categories of specialty pay to increase an employee’s base rate of pay.
Career Development Pay
As set forth in Exhibit C, bargaining unit employees may be eligible to receive career development pay. The amount of career development pay earned by an employee varies based on the certificate or degree held by the individual.
Rate of Pay
Eligible employees who possess either an Associate’s degree or a position-appropriate certification that is not required by their position may receive career development pay that is equal to 2.5% of their base hourly rate. The maximum career development pay that an employee can receive for either an Associate’s degree or a position-appropriate certification is 2.5% of the employee’s base hourly rate.
Eligible employees who possess a Bachelor’s degree from an accredited university that is not required by their position may receive career development pay that is equal to 5% of their base hourly rate. The maximum career development pay that an employee with a Bachelor’s degree can receive is 5% of the employee’s base hourly rate.
Any career development pay earned by an employee will be included when calculating the employee’s regular rate of pay for purposes of overtime. In addition, to the extent permitted by CalPERS, any career development pay earned by an employee will be reported as compensation for purposes of pension benefits.
In order to be eligible to receive career development pay, the employee’s degree or certificate must be one that: (1) is not required by the employee’s position; and (2) contributes value and/or enhances the employee’s ability to do his/her current job.
Requests for Career Development Pay
Employees requesting career development pay are required to submit requests for such pay to the Deputy Fire Chief or designee. Requests must include:
A copy of the degree or certificate upon which the request is based; and
A brief statement from the employee describing the relatedness and advantage of the degree, certificate or license to the performance of his/her duties.
The relatedness of the degree, certification or license shall be determined by the Deputy Fire Chief or designee. An employee may appeal the denial of a request for career development pay to the Fire Chief, whose decision shall be final.
Notary Public Pay
Notary Public 1 Pay
Employees who are employed in positions that are not routinely relied upon for ongoing notary services may be eligible to receive Notary Public 1 Pay. If such an employee is called upon to notarize a document, he or she shall receive pay in the amount of $10.00 for each notarized document. In order to receive pay under this section, the employee must possess a valid notary public certification from the State of California.
Any Notary Public 1 Pay earned by an employee will not be included when calculating the employee’s regular rate of pay for purposes of overtime. In addition, Notary Public 1 Pay will not be reported as compensation for purposes of pension benefits.
Notary Public 2 Pay
Employees in positions that are routinely relied upon for ongoing notary services may be eligible to receive Notary Public 2 Pay. Eligible employees are required to obtain and maintain a valid notary public certification from the State of California and to be available to perform notary services for the District during their working hours. Notary Public Pay 2 shall be equal to 2.5% of the employee’s base rate of pay.
Any Notary Public 2 Pay earned by an employee will be included when calculating the employee’s regular rate of pay for purposes of overtime. In addition, to the extent permitted by CalPERS, any Notary Public Pay 2 pay earned by an employee will be reported as compensation for purposes of pension benefits.
Work Out of Classification Pay
Work Out of Classification pay shall be paid to an employee who has been assigned in writing by the Fire Chief to temporarily perform the duties of a higher level or upgraded position for a period of not less than forty (40) hours in four (4) consecutive work days. Work Out of Classification pay shall be 5% of the employee’s base rate of pay for each hour of out of classification work performed.
Any Out of Classification pay earned by an employee will be included when calculating the employee’s regular rate of pay for purposes of overtime. In addition, to the extent permitted by CalPERS, any Out of Classification pay earned by an employee will be reported as compensation for purposes of pension benefits.