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HR Grievance Compromise and Settlement AgreementGRIEVANCE COMPROMISE AND SETTLEMENT AGREEMENT BETWEEN CITY OF SAN RAFAEL AND THE SAN RAFAEL FIREFIGHTERS' ASSOCIATION This Compromise and Settlement Agreement ("Agreement") is made by and between the City of San Rafael ("City") and the San Rafael Firefighters' Association ("SRFA"). The City and SRFA are collectively referred to as the "Parties" or individually as the "Party." RECITALS On or about May 2, 2019, the San Rafael Fire Association Executive Board filed an official grievance with the San Rafael Fire Department ("Fire Department") and City Manager Cristine Alilovich. First, the SRFA alleged that the City violated Section 6.8.1 Constant Staffing of the 2018-2020 Memorandum of Understanding between the City of San Rafael and the San Rafael Firefighters Association (MOU) by staffing the Fire Department with 23 bargaining unit members on a number of shifts over the past year. Section 6.8.1 of the MOU authorizes the Fire Department to employ no more than 22 bargaining unit members per shift and to "promptly commence hiring and/or promotions ... to minimize or eliminate forced overtime," Second, the SRFA alleged that the Fire Department employed 23 bargaining unit personnel on a number of shifts due to the Fire Department needing to fill'the vacant Battalion Chief position with a bargaining unit member where one of the other three Battalion Chiefs was unavailable. Third, the SRFA further alleged the Fire Department was having difficulty hiring additional Firefighter Paramedics resulting in the increased use of mandatory overtime in those instances a bargaining unit member was required to fill in for the vacant Battalion Chief position. The Union asserts that asking bargaining unit members to fill in for the vacant Battalion Chief adds undue stress to bargaining unit members and violates the MOU. Consequently, the SRFA asked the Fire Department to promote a Captain to either the Training/EMS Battalion Chief or to a line Battalion Chief to help staff a chief officer daily. The City recognizes the need to fill in the vacant Battalion Chief position but denies its use of mandatory overtime to fill in a vacant Battalion Chief position violates the MOU. The Parties desire to settle this matter and reach an agreement by which the issues between the Parties are finally and fully resolved on mutually agreeable terms, without the need for the time and expense of further administrative proceedings between them. AGREEMENT The Parties agree as follows: 1. The City will initiate recruitment for the fourth Battalion Chief in accordance with the timeline set forth in Attachment 1. 2. The City will manage the Battalion Chiefs' scheduled time off so that at least two of the four Battalion Chiefs are available for coverage once the fourth BC position is filled. The 4--1%- lv Parties acknowledge there may be emergencies, strike team assignments. or incidents as detennined by the Fire Chief that may result in greater or lesser availability for coverage. 3. The staffing of SRFA represented bargaining unit members will be in accordance with the revised City of San Rafael Fire Department Staffing Policy contained in Operational Manual Book No. 1, Code 1-V-1 of the Personnel Policies and Procedures set forth in Attachment 2 and the Memorandum of Understanding between the City and the SRFA. 4. The SRFA agrees to and executes the Side Letter Agreement in Attachment 3 as a condition precedent to settlement. 5. SFRA on its own behalf and on behalf of all potential grievants agrees to withdraw the Constant Staffing grievance dated May 2, 2019 with prejudice. The SRFA and its bargaining unit members shall file no other grievance, unfair practice charge, or other cause of action alleging the same or similar facts in regards to mandatory overtime and staffing. 6. It is understood and agreed that this Agreement is a compromise of disputed claims and that nothing in this Agreement shall be construed as an admission of liability by any Party. The Parties specifically deny any liability in this matter and in executing this Agreement intend merely to avoid further grievances or other controversy. 7. This Agreement contains the entire Agreement between the City and SRFA. No other promises, agreements, or statements between the City and SRFA shall be binding unless made in writing and signed by both Parties. 8. This Agreement may be executed in counterparts, and the signature of copies and facsimile or electronic versions of this Agreement shall have the same force and effect as signature of the original. 9. The terms of this Agreement are contractual and not a mere recital. 10. The parties agree that this Settlement Agreement shall become effective upon execution by Parties. The Parties have executed the Agreement as dated below. CITY OF SAN RAFAEL: Date: SAN RAFAEL FIREFIGHTERS' ASSOCIATION 2 Date: 16 1 C OF SAN RAFAEL APPROVED AS TO FORM: Date: w �f� I 19 Timo . Davis, Special Counsel for City of San Rafael Date: O / San Rafael Firefighters' TENTATIVE TIMELINE San Rafael Fire Battalion Chief Promotional Process: September 2019 ✓ September 15' Bulletin out and filing period open ✓ September 19th Prospective Chief Officer Orientation with Fire Chief ✓ September 23rd Filing period closes — 5:00 pm ✓ Week of October 1 st Written Exam ✓ Week of October 7th Practical (Three parts: Professional; Community and Exec; Tactical) Oral presentation may be part of any or all panels ✓ TBD Chiefs Oral Board ✓ October 15th Appointment For those members interested in learning more and applying to serve in this rewarding and challenging position with the San Rafael Fire Department, an orientation will be held on September 19, 2019 (ab_ Fire Station 52 Training Room from 0830-0930 hrs. The intent is to provide an overview of the Position; Qualifications; Expectations; Testing Process; Department Goals and answer any questions you may have. For any member eligible and interested in the position of Battalion Chief, the department will provide up to three (3), eight-hour days to shadow and ride -along with the current Battalion Chief(s). Dates and times will be scheduled at mutually agreeable times for both parties. Ride -along time must be completed before the filing period closes for the promotional position. Reference materials: While the testing process may draw from any relevant materials for the position of Battalion Chief, the following supplemental materials and the connection between these ideas and San Rafael should be considered by candidates: Revivinq EMS: Restructuring Emeraencv Medical Services in New York Cit Recruiting and Training the Millennial Firefighter Answerina the Call Wildfire: A Chanaina Landscave Mentally ill Man Killed After Being Abandoned by First Responders Let's Lead Together (attached) Additional materials will be provided at the orientation.