Neighborhood Firehouse Protection Measure Fact Sheet
By: Francis D. Kelly, Secretary
• New language was negotiated into the current MOU, effective July 1, 2004. Section 44 pertains to “TEMPORARY MODIFIED DUTY ASSIGNMENTS” and the new language reads as follows:

“…However, no member who has sustained an industrial injury or illness shall be assigned to a temporary modified assignment earlier than four (4) days after diagnosis of the injury or illness”.

Recently, confusion and misinterpretation of this language has resulted with members being notified to report to light duty prior to the four day grace period.

The issue was addressed at our monthly meeting (July 19, 2005) with Chief Hayes-White and her staff. For now, the matter has been resolved.

Individual rights covered by the MOU are results of what Local 798 views as poor practice. We believe by allowing this short reprieve for rest and therapy produces a healthy environment that will be beneficial for both the Department and the Membership.

Our goal is to see you return to full duty; healthy and as soon as possible.

“MOU Violation To Be Addressed”

On August 8, 2005, the Executive Board of Local 798 will meet with the Administration and representatives of HRD (Human Resources Department) regarding changes in the current MOU.

In mid-July, HRD unilaterally altered floating holiday hours awarded to forty (40) hour work week employees. No phone call, no written correspondence, no nothin’ until we notified them of our cognizance.

Payroll was ordered to remove eight (8) FH hours from the Members’ paycheck.

This violation is an assault on our MOU and an insult to the Membership as a whole. Is the City trying to usurp the Milias Myers Brown Act which compels them to meet and confer?

Situations with MOU violations are nothing new. Time, money and efforts are wasted and unwarranted by frivolous acts of individuals, seemingly, with nothing better to do.

If we must grieve, seek arbitration, or take the City to Court, we will.

Normally, the City walks away from MOU violations unscathed; no harm, no foul. It’s time the City was put on notice. Local 798 should receive compensation for time, money and effort, and stiff penalties should be levied against the City. Frivolity is for cavorting in the park on Sunday afternoons.

Civil Service Update

Briefs have been filed with the California Supreme Court regarding Local 798’s Lawsuit seeking arbitration over Promotional Examinations.

Oral arguments will be presented in November or December of 2005. We will inform the Membership of the specific date when we are notified.


The Civil Service Commission views written test scores as “Meaningless Gradations”… nice terminology… kind of rolls off the tip of your tongue.

Where was Civil Service when I needed them? Back in 1959, I brought home two 65’s on my first high school report card. They could have helped explain to my father the concept of “meaningless gradations” “… Mr. Kelly, 65 and 85 are equal. As a matter of fact Mr. Kelly, given the right situation, 65 and 95 are equal. Your son therefore, although not a genius, is a straight “A” student”.

Although Civil Service could not have afforded me any relief from mashed turnips and beef liver every Thursday night, they could have spared me some considerable wear and tear on the seat of my pants, not to mention the pain.


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