Municipal Executives' Association, Fire (July 1, 2023 to June 30, 2026)

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Article I: Representation

1. This Agreement is entered into by the City and County of San Francisco (hereinafter "City") and the Municipal Executives Association (hereinafter "Association").  It is agreed that the delivery of municipal services in the most efficient, effective, and courteous manner is of paramount importance to the City, the Association, and represented employees.  Such achievement is recognized to be a mutual obligation of the parties to this Agreement within their respective roles and responsibilities.

2. It is the intent of the parties that the provisions of this Agreement shall become binding upon adoption or acceptance by the City and ratification by the covered employees, or upon a final decision rendered by an arbitration panel pursuant to the interest arbitration procedure under Charter Section A8.590-1, et seq.

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I.A. Recognition

3. The City acknowledges that the Association has been certified by the Civil Service Commission as the recognized employee representative, pursuant to the provisions set forth in the City's Employee Relations Ordinance for the unit listed below:

F-3    0140 Chief of Fire
          0145 Chief of Fire, Transitional
          0150 Deputy Chief of Department
          H-51 Assistant Deputy Chief II
          H-53 Emergency Medical Services Chief 

4. Recognition shall only be extended to individual job codes (ranks) accreted to existing bargaining units covered by this Agreement.  Application of this provision shall not extend to bargaining units acquired through affiliations or service agreements.  Upon request of the Association the City will meet and confer concerning proposed changes to bargaining units.

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I.B. No Strike Provision

5. During the term of this Agreement the City will not lock out the employees who are covered by this Agreement.  This Association and the employees shall not strike, cause, encourage, or condone a work stoppage, slowdown, or sympathy strike during the term of this Agreement.

6. In accordance with applicable state law, nothing herein shall be construed to restrict any legal City rights concerning direction of its work force, or consideration of the merits, necessity, or organization of any service or activity provided by the City.

7. The City shall also have the right to determine the mission of its constituent departments, officers, boards and commissions; set standards of services to be offered to the public and exercise control and discretion over the City's organization and operations.  The City may also relieve city employees from duty due to lack of work or funds, and may determine the methods, means and personnel by which the City's operations are to be conducted.

8. However, the exercise of such rights does not preclude employees from utilizing the grievance procedure to process grievances regarding the practical consequences of any such actions on wages, hours, benefits or other terms and conditions of employment whenever memoranda of understanding providing a grievance procedure are in full force and effect.

9. The following procedures are adopted by the parties to provide for the orderly and efficient disposition of grievances and are the sole and exclusive procedures for resolving grievances as defined herein.

10. A grievance is any dispute that involves the interpretation or application of a specific provision of this Agreement. Grievances may be filed only by the Association. In the event that an employee or a group of employees elect(s) to file a complaint with any governmental agency or court alleging a factual basis which is also the basis of a grievance, the Association agrees that any grievance filed on behalf of the employee(s) will be held in abeyance pending the employee’s election of remedies.  If an employee or group of employees elects another remedy the grievance shall be deemed withdrawn.

11. A grievance must include the following:

a. The basis and date of the grievance as known at the time of submission;

b. The section(s) of the Agreement allegedly violated;

c. The remedy or solution sought.

12. If the grievance does not contain the information described in (a) – (c), the City may request such information, at any step in the process, and defer processing until the information is provided. If the Association does not provide the information within 30 calendar days of request, the grievance, or the portion to which the requested information is not supplied, is deemed withdrawn.
Time Limits
    
13. The parties have agreed upon this grievance procedure to ensure the swift resolution of all grievances. It is critical to the process that each step is followed within applicable timelines. No steps of the grievance procedure may be skipped without mutual agreement.

For purposes of this grievance procedure, a “day” is defined as a “business day,” unless expressly stated as a calendar day.  A business day is Monday through Friday, 8am to 5pm, excluding legal holidays.
Steps of the Procedure

14. Except for grievances involving multiple employees or the Chief of Department, all grievances must be initiated at Step 1 of the grievance procedure.

15. A grievance affecting more than one employee shall be filed with the Chief of Department. A grievance initiated on behalf of the Chief of Department shall be filed with the Employee Relations Director. In the event the City disagrees with the level at which the grievance is filed it may submit the matter to the Step it believes is appropriate for consideration of the dispute.

16. Step 1: The Association shall submit the grievance in writing to the grievant’s immediate supervisor. If the supervisor is the Chief of Department, the grievance may be initiated at Step 2.

17. The immediate supervisor shall respond in writing within ten (10) days following receipt of the written grievance.

18. Step 2: If the grievance is not resolved at Step 1, the Association, on behalf of the individual grievant, may appeal to the Chief of Department, in writing, within ten (10) days of receipt of the Step 1 response.  The Chief of Department may convene a meeting within fifteen (15) days with the grievant and/or the grievant's Association representative.  The Chief of Department shall respond in writing within twenty (20) days of the meeting or receipt of the grievance, whichever is later.

19. Step 3: If the grievance is not resolved at Step 2, the Association may appeal to the Employee Relations Director (“Director”), in writing, within fifteen (15) days of receipt of the Step 2 response.  The Director may convene a grievance meeting within fifteen (15) days with the grievant and/or the grievant's Association.  The Director shall respond to the grievance in writing within twenty (20) days of the meeting or, if none is held, within twenty (20) days of receipt of the appeal.

20. Step 4: If the grievance is not resolved at Step 3, the Association may submit the grievance to arbitration within twenty (20) days of receipt of the Step 3 response, by notifying the Director in writing. Only the Association may submit a grievance to arbitration.

Selection of the Arbitrator

21. When a matter is appealed to arbitration, the parties shall first attempt to mutually agree upon an Arbitrator to hear the matter.  In the event no agreement is reached within ten (10) days, or any extension of time mutually agreed upon, the parties shall request that the State Mediation and Conciliation Service (“SMCS”) or the American Arbitration Association (“AAA”) provide the parties with a list of seven (7) potential arbitrators.  The parties, by lot, shall alternately strike names from the list, and the name that remains shall be the arbitrator designated to hear the particular matter.

22. The parties may, by mutual agreement, agree to an alternate method of arbitrator selection and appointment, including, the expedited appointment of an arbitrator from a list provided by the SMCS or AAA.
Authority of the Arbitrator
    
23. The arbitrator shall have no power or authority to: alter or supersede the Charter, the Civil Service Commission Rules, or the Administrative Code; or add to, ignore, modify or amend the terms of this Agreement.

24. Notwithstanding any other provisions of this Agreement, disciplinary or punitive actions described in Charter Section A8.343 and A8.344 cannot be grieved or arbitrated. An arbitrator selected pursuant hereto shall have no authority to hear or decide any such disciplinary or punitive actions.
Fees and Expenses of Arbitrator

25. The fees and expenses of the Arbitrator shall be shared equally by the parties.  Direct expenses of the arbitration shall be borne equally by the parties.
Hearing Dates and Date of Award

26. Hearings shall be scheduled within forty-five (45) days of selection of an arbitrator.  Awards shall be due within forty-five (45) days following the receipt of closing arguments.
Monetary Relief

27. Any claim for monetary relief shall not extend more than twenty (20) days prior to the filing of a grievance, unless considerations of equity or bad faith justify a greater entitlement.  The arbitrator shall be required to deduct from any monetary awards all income from any source received by the employee.  The arbitrator shall not be authorized to award any interest on any pre or post monetary award.
Failure to Respond 

28. In the event a grievance is not initiated or appealed through the steps in accordance with the time periods set above, it shall be void.  Failure of the City to timely reply to a grievance shall authorize appeal to the next grievance step.

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I.E. Official Representatives

29. The Association may select as many as three (3) members of the Association to attend during regular duty or work hours without loss of compensation, meetings scheduled with the Civil Service Commission, the Department of Human Resources, the Director of Employee Relations, or designee, when such meetings have been scheduled for the purpose of meeting and conferring on matters within the scope of representation affecting such appropriate unit, and to participate in the discussions, deliberations, and decisions at such meetings.

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I.F. Association Security

1. Authorization for Deductions

30a. The Union shall submit any request to initiate. change. or cancel deductions of Contributions from represented employees' pay according to the Controller's "Union Deductions Procedure" ("Procedure"). which the Controller may amend from time to time with reasonable notice to the Union. "Contributions" as used in this Section I.F. means Union membership dues, initiation fees, premiums for Union-sponsored insurance programs, political action funds, other contributions, and any special membership assessments, as established and as may be changed from time to time by the Union.

31b. The City shall deduct Contributions from a represented employee's pay upon submission by the Union of a request, in accordance with the Procedure. The Procedure shall include, and the Union must provide with each request, a certification by an authorized representative of the Union confirming that for each employee for whom the Union has requested deduction of Contributions, the Union has and will maintain a voluntary written authorization signed by that employee authorizing the deduction.  If the certification is not properly completed or submitted with the request. The City shall notify the Union and make the requested deduction changes only upon receipt of a proper certification.

32c. The Procedure is the exclusive method for the Union to request the City to initiate, change, or cancel deductions for City contributions.

33d. The City shall implement new, changed, or cancelled deductions the pay period following the receipt of a request from the Union, but only if the Union submits the request by noon on the last Friday of a pay period. If the Controller's Office receives the request after that time, the City will implement the changes in two following pay periods.

34e. If an employee asks the City to deduct Contributions, the City shall direct the employee to the Union to obtain the Union authorization form. The City will not maintain a City authorization form for such deductions. If a represented employee hand delivers the official Union form authorizing such deductions to the Controller's Payroll Division, the City shall process the authorization and begin the deduction within thirty (30) days. The City will send the Union a copy of any authorization form that it receives directly from a represented employee.

35f. Except as otherwise provided in this subsection 1, each pay period, the City shall remit Contributions to the Union, after deducting the fee under San Francisco Administrative Code Section 16.92. In addition, the City will make available to the Union a database that includes the following information for each represented employee: name; DSW number; classification; department; work location; work, home, and personal cellular telephone number; personal email address if on file with the City; home address; and any Contribution amount deducted.

36g. Except as otherwise provided in this subsection 1, the City shall continue to deduct and remit Contributions until it receives notice to change or cancel deductions from the Union in accordance with the procedures, or it receives an order from a court administrative body directing the City to change or cancel the deductions for one or more employees.

37h. With the exception of subsection (e) above, the Union is responsible for all decisions to initiate, change, and cancel deductions, and for all matters regarding an employee's revocation of an authorization, and the City shall rely solely on information provided by the Union on such matters. The City shall direct all employee requests to change or cancel deductions, or to revoke an authorization for deductions, to the Union. The City shall not resolve disputes between the Union represented employees about Union membership, the amount of contributions, deductions, or revoking authorizations for deductions. The City shall not provide advice to employees about those matters, and shall direct employees with questions or concerns about those matters to the Union. The Union shall respond to such employee inquiries within no less than 10 business days.

2. Indemnification

38. The Association agrees to indemnify and hold the City harmless for any loss or damage arising from the operation of this section, provided the City has complied with its obligations in this section.

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Article II: Employment Conditions

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II.A. Non-Discrimination

39. The City and the Association agree that discriminating against or harassing employees, applicants, or persons providing services to the City by contract, including sworn and non-sworn employees, because of their actual or perceived race, color, creed, religion, sex/gender, national origin, ancestry, physical disability, or mental disability, medical condition (associated with cancer, a history of cancer, or genetic characteristics), HIV/AIDS status, genetic information, marital status, age, political affiliation or opinion, gender identity, gender expression, sexual orientation, military or veteran status, or other protected category under the law, is prohibited. This paragraph shall not be construed to restrict or proscribe any rule, policy, procedure, order, action, determination or practice taken to ensure compliance with applicable law.

40. This section is not intended to affect the right of an employee to elect any applicable administrative remedy for discrimination proscribed herein. In the event that more than one administrative remedy is offered by the City and County of San Francisco, the Association and the employee shall elect only one. That election is irrevocable. It is understood that this paragraph shall not foreclose the election of an affected employee of any administrative or statutory remedy provided by law.

41. The parties recognize that in a disciplinary proceeding, or any other context in which EEO issues are administratively determined by the City or the Fire Department, the City does not represent individual firefighters. Accordingly, the parties recognize the Association has a duty to fairly represent all of its members and that this duty applies to MEA-Fire members who are complainants in discrimination cases, as well as to MEA-Fire members who may be accused of discriminatory conduct.

42. Neither the City nor the Association shall interfere with, intimidate, restrain, or coerce or discriminate against any employee because of the exercise of rights granted pursuant to the Meyers-Milias-Brown Act.

43. It is understood and agreed that any disciplinary action against an employee that may be initiated or result from the application or interpretation of these provisions shall not be subject to the grievance and arbitration provisions of Section I.D. of this Agreement. Any action grieved pursuant to this section and determined to be violative thereof may be set aside by the Chief of Department or the Fire Commission.

44. Paragraphs 34-40 shall be non-grievable except with respect to an asserted violation of paragraph 39.

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II.B Americans with Disabilities Act

45. The parties agree that the City is obligated to provide reasonable accommodations for persons with disabilities, in order to comply with applicable federal, state and local disability anti-discrimination laws.  The parties further agree that this Memorandum shall be interpreted, administered and applied in a manner consistent with such laws.  The City reserves the right to take any action necessary to comply therewith.

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II.C. Employment Status

46. It is recognized, understood and agreed that employees in job codes (ranks) assigned to the bargaining unit covered under this contract are Civil Service exempt and serve at the sole discretion of the Appointing Officer.

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II.D. Personnel Files

47. Materials relating to disciplinary actions for conduct which is three (3) or more years old shall not be used as the basis of future discipline, provided there has been no reoccurrence of the same or similar conduct upon which the discipline was based. At the request of the employee or the Association, materials related to disciplinary actions which are three (3) or more years shall be sealed to the extent permissible by law, provided that there has been no reoccurrence of the conduct on which the discipline was based during that period. The envelope containing the sealed documents will be retained in the employee's personnel file and may only be opened for the purpose of assisting the City in defending itself in legal or administrative proceedings, or as otherwise required by federal. state, or local law. An employee or MEA may request sealing prior to the end of the three (3) year period. 

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II.E. Performance Appraisals

48. An employee shall be afforded thirty (30) days from date of receipt to respond to a performance appraisal in writing. The City shall attach any written response to the performance appraisal and maintain it in the employee's personnel file.

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II.F. Severance Pay

49.1 The City agrees that when involuntarily removing or releasing from employment a represented, exempt employee, the Appointing Officer will endeavor to inform the employee at least thirty (30) calendar days before their final day of work.  Where the Appointing Officer fails or declines to inform the employee a full thirty (30) days in advance, the employee shall receive pay in lieu of the number of days less than thirty (30) upon which they were informed.

A. In providing pay in lieu of notice under paragraph (1) above, if a represented employee has permanent civil service status in a position and returns to that position upon involuntary release from the position represented by the Association, the employee shall receive as pay in lieu of notice, for the time prescribed above, the difference between the pay of position from which they are being released and the pay in the underlying permanent civil service position to which the employee reverts.

50.2 In addition to paragraph (1), the parties agree that the severance is available per this paragraph to the following covered employees: (a) represented exempt employees who are involuntarily removed or released from City employment; and (b) represented, exempt employees who are involuntarily returned to a permanent job code (rank) and who elect to separate from City Service.  Except as provided in Section II.D.3 below, employees who elect severance shall receive one week’s severance pay for each full year worked, up to a maximum of twenty (20) weeks, in exchange for a release signed by the employee and MEA of any and all claims arising out of the employee’s employment or termination of employment (including claims arising under this Agreement) that the employee or MEA may have against the City including any officer or employee thereof.  This release shall be in a form acceptable to the City and shall also include a waiver of any rights the employee may have to return to City employment (e.g., holdover roster), a waiver of Section 1542 of the California Civil Code, and a waiver of claims under the Age Discrimination in Employment Act. The release shall exclude the right to grieve the proper amount of notice or severance pay due under Section II.D.

51.3 Payment of severance is dependent upon approval of the Appointing Officer, Controller and the Human Resources Director.  Approval will be based on a good faith consideration of whether the employee’s removal or release was involuntary, was initiated by the Appointing Officer, and was in the best interests of the City; and whether the termination of employment was based on conduct involving misappropriation of public funds or property, misuse or destruction of public property, mistreatment of persons, or acts which would constitute a felony or misdemeanor.

52.4 Any employee accepting severance pay is ineligible to be appointed to City service under Charter Section A8.511 (a Proposition F appointment) in the Fire Department for two years from the date of release.

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II.G. Physical Examination/Drug & Alcohol Screening

53. Employees will be subject to random on-duty drug and alcohol screening, under such random drug and alcohol screening procedures implemented by the City for members of the San Francisco Fire Fighters Union, Local 798, including any future modifications to those procedures.  Employees will be subject to that random screening effective the first date the screening procedures are in use for members of Local 798, and on-going.  Employees assigned to non-suppression schedules will be subject to testing only during normal business hours, Monday through Friday, 8:00 a.m. through 5:00 p.m.

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Article III: Pay, Hours, and Benefits

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III.A. Wages

54. Base wages shall be increased as follows:

1. Effective July 1, 2023, represented employees will receive a base wage increase of 2.50%.
2. Effective January 6, 2024, represented employees will receive a base wage increase of 2.25%.
3. Effective January 4, 2025, represented employees will receive a base wage increase of 3.00%, except that if the March 2024 Joint Report, prepared by the Controller, the Mayor’s Budget Director, and the Board of Supervisors’ Budget Analyst, projects a budget deficit for fiscal year 2024-2025 that exceeds $300 million, then the base wage adjustment due on January 4, 2025, will be deferred to July 1, 2025.
4. Effective July 1, 2025, represented employees will receive a base wage increase of 3.00%, except that if the March 2025 Joint Report, prepared by the Controller, the Mayor’s Budget Director, and the Board of Supervisors’ Budget Analyst, projects a budget deficit for fiscal year 2025-2026 that exceeds $300 million, then the base wage adjustment due on July 1, 2025, will be deferred to close of business June 30, 2026.

Merit Pay

55. The City shall implement a merit pay based recognition program. Subject to the recommendation and approval of the Mayor for the Fire Chief and subject to the approval of the Fire Chief for the other represented job-codes (ranks), merit pay base annual adjustments may be awarded to an employee ranging from 0% to 5% of an employee’s base annual salary.  

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III.B. Premium Payments

1. Acting Assignment Pay

56. Represented employees assigned by the Fire Commission or by the Chief of Department to perform the full range of duties and responsibilities of a higher rank on an acting or temporary basis shall receive seven and one half percent (7 1/2%) additional compensation above the employee's base rate of pay subject to all of the following conditions:

57a. The assignment shall be in writing.

58b. The position to which the employee is assigned must be a budgeted position.

59c. The employee is assigned to perform the duties of a higher job code (rank) for longer than five (5) consecutive working days. The additional pay shall be retroactive to the first day of the assignment.

60d. Effective July 1, 2005, if a represented employee (1) is assigned in writing by the Fire Commission or by the Chief of Department (2) to perform the full range of duties and responsibilities (3) of a budgeted position in a higher rank, and (4) actually performs those duties on an acting or temporary basis for 30 or more consecutive days, the employee shall receive the compensation of the higher rank, retroactive to the first day of the assignment and for the duration of the assignment, less the seven and one half percent increase already received.

61e. Requests for classification or reclassification review shall not be governed by this provision.

62. The provisions of this section shall be administered in accordance with Department of Human Resources policies and procedures.

2. Training and Education Achievement Pay

63. All covered job codes (ranks) shall receive an additional six percent (6%) of their base wage to recognize their advanced training and education achievement. 

64. Effective December 29, 2018, the Training and Education Achievement Pay will increase by 1%, to 7% of base salary.

65. Effective December 28, 2019, the Training and Education Achievement Pay will increase by 1%, to 8% of base salary.

66. Effective April 3, 2021, the Training and Education Achievement Pay will increase by 1%, to 9% of base salary unless the March 2021 Joint Report, prepared by the Controller, the Mayor’s Budget Director and the Board of Supervisors’ Budget Analyst, projects a budget deficit for fiscal year 2021-2022 that exceeds $200 million, in which case the Training and Education Achievement Pay adjustment of 1% due on April 3, 2021, will be delayed by six (6) months until the pay period starting October 2, 2021.

67. Training and Education Achievement Pay shall be considered as part of an employee’s salary for the purpose of computing retirement benefits and retirement contributions to the same extent such payments are considered for other uniform ranks of the Department.

3. Retention Pay

68. Employees who have completed twenty-three (23) years or more of service as a uniformed employee of the Department shall receive two percent (2%) Retention Pay. Employees who have completed twenty-six (26) years or more of service as a uniformed employee of the Department shall receive an additional two percent (2%) Retention Pay, for a total of four percent (4%).

69. Effective July 1, 2024, employees who have completed twenty-four (24) months or more of continuous service appointed to and/or acting in the job codes (ranks) covered by this agreement shall receive a one percent (1%) Retention Pay. Employees who have completed thirty (30) months or more of continuous service appointed to and/or acting in the job codes (ranks) covered by this agreement shall receive an additional one percent (1%) Retention Pay.

70. Retention Pay shall be considered as part of an employee's salary for purposes of computing retirement benefits and retirement contributions. Further, it is the parties’ understanding that this benefit is part of the salary attached to all ranks for uniformed employees who have completed the required years of service covered by this Agreement. Retention Pay that was being paid to an employee at the time the employee became disabled shall not be included in the employee’s disability benefits. Retention Pay may be stacked with Training and Education Achievement Pay.

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III.C. Method of Calculation

71. Bi-Weekly.  An employee whose compensation is fixed on a bi-weekly basis shall be paid the bi-weekly salary for their position for work performed during the bi-weekly payroll period.  There shall be no compensation for time not worked unless such time off is authorized time off with pay.

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III.D. Work Schedules

Regular Work Day

72. A regular workday is a tour of duty of eight (8) hours of work completed within not more than twenty-four (24) hours.

73. A regular work day for job codes (ranks) H-51 Assistant Deputy Chief II and H-53 Emergency Medical Services Chief assigned to fire suppression is a tour of duty of a twenty-four (24) hour shift.
Regular Work Week

74. The Appointing Officer shall determine the work schedule for employees in their department.  A regular work week is a tour of duty of five (5) worked days within a seven day period.

75. Job codes (ranks) H-51 Assistant Deputy Chief II and H-53 Emergency Medical Services Chief assigned to fire suppression shall work a 24-hour shift and a 48-hour average work week, on alternating three shift (A, B, C) work schedule, and a 21-day tour of duty. 

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III.E. Executive Leave

76. Employees covered by this Agreement shall not be eligible to accrue compensatory time-off. 

77. Any hires in job codes (ranks) covered by this agreement shall cash out any accumulated compensatory time off at the current base rate of pay of their former appointment upon appointment to a job code (rank) covered by this Agreement.  Or at the discretion of the City, payment may be made at the current rate in any succeeding fiscal year subject to budgetary limitations.

78. Employees in the Safety F-3 executive management bargaining unit are required to work the days and hours necessary to perform the job duties of their position and shall schedule their time accordingly.

79. Employees shall receive five (5) days of paid executive leave per year. Executive leave may not be carried over into the next fiscal year.  Executive leave may only be taken as paid time off and cannot be cashed out.

H-51 Assistant Deputy Chief II

80. Employees in the H-51 Assistant Deputy Chief II rank may earn up to one hundred (100) hours of paid administrative leave (AL) per year under the following conditions:

81. The employee must be assigned to the suppression bureau at the San Francisco International Airport and the administrative leave hours earned must be related to a Federal Aviation Administration ("FAA") Alert.

82. The employee must work time in excess of normally scheduled hours in order to earn AL.  Such excess hours worked shall be credited toward AL at straight time.

83. Accrual or use of AL must be approved in advance by the Appointing Officer.  Approval to accrue or use AL shall not be unreasonably withheld.

84. AL must be used during the same fiscal year in which it is earned. Employees may not carry forward earned but unused AL into the next fiscal year.

85. Administrative leave may only be taken in paid time off and cannot be "cashed out."

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III.G. Holidays

Non-Suppression

86. Except when normal operations require, or in an emergency, employees shall not be required to work on the following days hereby declared to be holidays for such employees:

• January l (New Year's Day)
• the third Monday in January (Martin Luther King, Jr.'s Birthday) 
• the third Monday in February (President's Day) 
• the last Monday in May (Memorial Day) 
• June 19 (Juneteenth)
• July 4 (Independence Day) 
• the first Monday in September (Labor Day) 
• the second Monday in October (Indigenous Peoples Day and Italian American Heritage Day) 
• November 11 (Veteran's Day) 
• Thanksgiving Day
• the day after Thanksgiving 
• December 25 (Christmas Day) 

87. Provided further, if January l, June 19, July 4, November 11 or December 25 falls on a Sunday, the Monday following is a holiday.

88. In addition, any day declared to be a holiday by proclamation of the Mayor after such day has heretofore been declared a holiday by the Governor of the State of California or the President of the United States.

89. The City shall accommodate religious belief or observance of employees as required by law.

90. Employees required to work on any of the above holidays shall be allowed an in lieu day thereof as scheduled by the appointing officer in the current fiscal year.

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III.H. Floating Holidays

91. Non-suppression employees shall receive four (4) floating holidays per fiscal year subject to prior scheduling approval of the appointing officer. Employees (both full-time and part-time) must complete six (6) months continuous service to establish initial eligibility for the floating days off.  Floating holidays received in one fiscal year but not used may be carried forward to the next succeeding fiscal year.  The number of floating holidays carried forward to a succeeding fiscal year may not exceed the total number of floating holidays received in the previous fiscal year.  Floating holidays may be taken in hourly increments up to and including the number of hours contained in the employee’s regular shift.  Except as stated in Article III.I., no compensation of any kind shall be earned or granted for floating days off not taken.

92. Non-suppression personnel with twenty (20) or more years of City Service shall be granted one (1) additional floating holiday, for a total of five (5) per fiscal year.

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III.I. Holiday Pay for Employees Who Separate

93. Employees who have established initial eligibility for floating holidays and subsequently separate from City employment, may at the sole discretion of the appointing authority, be paid those floating holidays to which the separating employee was eligible and had not yet taken off.

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III.J. Holidays that Fall on a Saturday

94. For those employees assigned to a work week of Monday through Friday, and in the event a legal holiday falls on Saturday, the preceding Friday shall be observed as a holiday; provided, however, that except where the Governor declares that such preceding Friday shall be a legal holiday, each department head shall make provision for the staffing of public offices under their jurisdiction on such preceding Friday so that said public offices may serve the public.  Those employees who work on a Friday which is observed as a holiday in lieu of a holiday falling on Saturday shall be allowed a day off in lieu thereof as scheduled by the Appointing Officer in the current fiscal year.  The City shall provide one week's advance notice to employees scheduled to work on the observed holiday, except in cases of unforeseen operational needs.

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III.K. In-Lieu Holiday

95. In-Lieu Holidays must be taken within the fiscal year earned. 

96. Employees assigned to seven (7) day-operation departments or employees working a five (5) day work week other than Monday through Friday shall be allowed another day off if a holiday falls on one of their regularly scheduled days off.

97. If the provisions of this section deprive an employee of the same number of holidays that an employee receives who works Monday through Friday, s/he shall be granted additional days off to equal such number of holidays.  The designation of such days off shall be by mutual agreement of the employee and the appropriate employer representative.  Such days off must be taken within the fiscal year.  In no event shall the provisions of this section result in such employee receiving more or less holidays than an employee on a Monday through Friday work schedule.

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III.M. Holiday Pay

Fire Suppression

98. Effective July 1, 2018, employees in job codes (ranks) H-51 Assistant Deputy Chief II and H-53 Emergency Medical Services Chief assigned to twenty-four (24) hour suppression shall be paid six and one half percent (6½%) holiday pay per pay period, excluding other premiums, as holiday compensation for the holidays specified in Section III.G. of this Agreement.  Upon declaration by the Mayor of any holiday in addition to those specified in Section III.G., suppression employees shall be paid an additional holiday pay which will be calculated on a proportional basis by the Controller’s Office.

99. However, employees who utilize sick pay on a shift commencing either within two calendar days before, on the day of, or within two days after a holiday designated in Section III.G. shall not receive the holiday pay for two pay periods. For the Thanksgiving holidays, a single continuous usage of sick pay by an employee during any or all of the shifts commencing either within two calendar days before Thanksgiving Day, Thanksgiving Day, the day After Thanksgiving, or the day after the Day After Thanksgiving, will result in that employee not receiving the holiday pay for the two subsequent pay periods.

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III.N. Vacation

100. Award and accrual of vacation benefits shall be as specified in the Administrative Code, and may not be changed during the duration of this Agreement without the concurrence of the Association.

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III.O. Sick Leave

101. Award and accrual of sick leave benefits shall be provided as specified in Civil Service Commission Rule 320.

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III.P. Voluntary Health Screening

Hepatitis B Vaccine and Hepatitis C Screening

102. The City shall provide, at its cost, Hepatitis B vaccine immunization and Hepatitis C screening for employees whose health plans do not provide these benefits.

Annual Tuberculosis Screening

103. The City shall provide, at its cost, annual tuberculosis screening for employees.        
Voluntary Prostate Cancer Screening

104. The San Francisco Fire Department shall offer as part of the Department’s Health Check Program, voluntary prostate cancer screening to all male employees who are over 40 years of age.  Confidentiality of all medical information shall be maintained.

Voluntary Breast Cancer Screening

105. The San Francisco Fire Department shall offer as part of the Department’s Health Check Program, voluntary breast cancer screening to all female employees over 40 years of age.  Confidentiality of all medical information shall be maintained.

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III.Q. Health and Dental Insurance

Health Coverage

106. The City shall provide contributions for employee health benefits at the rate prescribed in Charter Sections A8.423 through A8.428.

107. Health and dental, including flexible spending (“cafeteria”) benefits, will be equivalent to those offered to members of the City’s bargaining unit #32.

108. The aforesaid contributions shall not be considered as a part of an employee’s compensation for the purpose of computing straight time earnings or retirement benefits; nor shall such contributions be taken into account in determining the level of any other benefit which is a function of, or percentage of salary.

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III.R. Retirement Pick Up

109. For the duration of this Agreement, employees shall pay their own retirement contributions in accordance with the Charter.  The parties acknowledge that these contributions satisfy the requirements of Charter Sections A8.596-11(e) and A8.598-11(d).

Retirement Restoration Payment

110. For employees who retire between December 26, 2020 and June 30, 2024, the City will provide restoration back pay for the following deferred wage increases on regularly scheduled hours for the 12-month period that preceded the date of retirement:

• 1% deferred from December 26, 2020 through COB June 30, 2022; and
• 2% deferred from December 26, 2020 through COB June 30, 2023.

111. As an example, by way of illustration only, if an employee retires on June 30, 2021, the City would provide back pay to the employee for the period December 26, 2020 through June 30, 2021, in the amount of 1% and 2% on regularly scheduled hours. As another example, by way of illustration only, if an employee retires on June 30, 2022, the City would provide back pay to the employee for the period July 1, 2021 through June 30, 2022, in the amount of 1% and 2% on regularly scheduled hours.

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III.S. Uniforms

112. The City shall continue the practice of providing at the same level, uniform clothing and equipment for covered employees.

113. The City agrees to meet and confer upon request of the Union regarding City providing PFAS-free and noncarcinogenic personal protective equipment as it becomes available. 

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III.T. Mutual Aid Deployments

114. For all State of California Governor’s Office of Emergency Services (CalOES) mutual aid deployments, the City shall compensate its employees portal-to-portal while in the course of their employment and away from their official duty station and assigned to an emergency incident, in support of an emergency incident, or pre-positioned for emergency response.  Portal-to-portal shall begin at the time if dispatch for the incident and shall end upon the return to San Francisco when equipment and personnel are in service and available for the City response.

115. Employees deployed on CalOES mutual aid assignments shall be paid at one-and-one-half (1.5) times their base rate of pay for hours worked in excess of their normal work schedules but only when any third party, non-City agency reimburses the City at that rate.

116. General Order 14 A-42 governs CalOES mutual aid deployments. The Department’s application and interpretation of that General Order are not subject to the grievance procedure.

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III.U. Paid Sick Leave Ordinance

117. San Francisco Administrative Code, Chapter 12W Paid Sick Leave Ordinance, is expressly waived in its entirety with respect to employees covered by this Agreement.

118. If the majority of City & County of San Francisco employees agree to an employee contribution to fund retiree health benefits, the parties agree to reopen the MOU on the subject of an employee contribution to fund retiree health benefits.  This re-opener is subject to the impasse resolution procedures as set forth in Charter Section A8.590-1 et seq.

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Article IV: Training, Career Development and Incentives

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IV.A. Training Programs

Fire Command Staff Training Fund

119. The City will contribute ten thousand dollars ($10,000) annually to a Fire Command Staff Training Fund for the exclusive use of employees covered under this Agreement. The Chief of Department will determine the allocation of this fund. Any unused funds shall not carry forward to the next fiscal year.

120. This Section shall not be subject to the grievance procedure.

Paid Status During Training

121. When the Chief of Department assigns employees in this bargaining unit to attend required training, the employee shall suffer no loss of pay.

122. This section shall not be subject to the grievance procedure.

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IV.B. Direct Deposit of Payments and Paperless Pay Policy

123. Effective on a date to be established by the Controller, but not sooner than September 1, 2014, the City shall implement a Citywide “Paperless Pay” Policy.  This policy will apply to all City employees, regardless of start date. 

124. Under the policy, all employees shall be able to access their pay advices electronically on a password protected site, and print them in a confidential manner, using City Internet, computers and printers.  Such use of City equipment shall be free of charge to employees, is expressly authorized under this section of the Agreement, and shall not be considered “inappropriate use” under any City policy.  Pay advices shall also be available to employees on a password protected site that is accessible from home or other non-worksite computers, and that allows the employees to print the pay advices.  Employees shall receive assistance to print hard copies of their pay advices through their payroll offices upon request.  Upon implementation of the policy, other than for employees described in the preceding sentence, paper pay advices will no longer be available through Citywide central payroll distribution.

125. In addition to payroll information already provided, the pay advices shall reflect usage and balance (broken out for vacation, sick leave, etc.) the employee’s hours of compensatory time, overtime, and premiums earned during the relevant payroll period.  The City shall maintain electronic pay advices and/or wage statements for at least seven (7) years.

126. Under the policy, all employees (regardless of start date) will have two options for receiving pay: direct deposit or pay card.  Employees not signing up for either option will be defaulted into pay cards.    

127. Every employee shall possess the right to do the following with any frequency and without incurring any cost to the employee:

1. Change the account into which the direct deposit is made;
2. Switch from the direct deposit option to the pay card option, or vice versa;
3. Obtain a new pay card the first time the employee’s pay card is lost, stolen or misplaced;

128. The City assures that the pay card shall be FDIC insured.  The City further assures that in the event of an alleged overpayment by the City to the employee, the City shall not unilaterally reverse a payment to the direct deposit account or pay card.

129. Prior to implementing the “Paperless Pay Policy,” the City will give all employee organizations a minimum of 30-days’ advance notice.  Prior to implementation of the policy, the City shall notify employees regarding the policy, including how to access and print their pay advices at work or elsewhere.  Training shall be available for employees who need additional assistance.

130. The City will work with the vendor to evaluate options to provide no-cost ATMs available at large worksites and remote worksites.

131. The parties mutually agree that employees may print out pay advices during work hours.

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ARTICLE V: Implementation and Term of Agreement

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V.A. Scope

Meet and Confer Responsibility During the Term of The Agreement 

132. Except in cases of emergency involving an imminent or substantial threat to the public health or safety or as otherwise provided in this Agreement, the City shall give reasonable written notice to the Association of proposed changes directly relating to matters within the scope of representation as specified in Government Code Section 3504.5.  The Association shall be provided with the opportunity to meet and confer with regard to any such proposed change should it desire to do so.

133. In cases of emergency when the City determines that a proposed change as described herein must be adopted immediately without prior notice or meeting with the Association, the City shall provide such notice and opportunity to meet at the earliest practical time following the adoption of such change.

134. If the Association does not respond within ten (10) working days from the date of mailing of written notification of a proposed change as described in this section, the Association shall be deemed to have waived its opportunity to meet and confer on the proposed change.

135. If the Association timely requests the opportunity to meet and confer as provided herein, the City agrees to meet and confer with the Association over such proposed change or changes within ten (10) days of receipt of such timely request, unless a longer period of time is mutually agreed upon, in order freely to exchange information, opinions and proposals and to endeavor to reach agreement on the proposed change or changes.

136. During the term of this MOU disputes regarding changes in wages, hours, benefits and other terms and conditions of employment shall not be subject to the impasse procedures provided in Charter Section A8.590-5(g).

137. Pursuant to the provisions of the Meyers-Milias-Brown Act, as amended, the City agrees to meet and confer with the Association in advance regarding any proposed changes in working conditions within the scope of representation except as provided elsewhere in this Agreement.

138. The parties agree that unless specifically addressed herein, those terms and conditions of employment which are currently set forth in the Civil Service Rules and are otherwise consistent with this agreement shall continue to apply to employees covered by this contract.  No matter set forth in the Civil Service Rules shall be subject to the grievance procedure.  Changes to the Civil Service Rules may be proposed during the terms of this contract subject to meet and confer as appropriate.  Changes to the Civil Service Rules shall not be subject to arbitration.

139. This Agreement sets forth the full and entire understanding of the parties regarding the matters herein.  This agreement may be modified, but only in writing, upon the mutual consent of the parties.

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V.B Savings Clause

140. Should any part hereof or any provisions herein be declared invalid by a court of competent jurisdiction, such invalidation of such part or portion of this Agreement shall not invalidate the remaining portions hereof and the remaining portions hereof shall remain in full force and effect for the duration of this Agreement.

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V.C. Duration of Agreement

141. This Agreement shall be effective July 1, 2023, and shall remain in full force and effect through June 30, 2026.

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Signature Page

142. In Witness Hereof, the parties have executed this AGREEMENT this [     ] day of [     ], 2023.

FOR THE CITY:

• Carol Isen, Human Resources Director 
• Ardis Graham, Employee Relations Director

FOR THE UNION:

• Criss Romero, Municipal Executives’ Association

APPROVED AS TO FORM:
City Attorney

• Jonathan Rolnick, Chief Labor Attorney

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