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33 <br />The parties have also met and conferred and reached agreement over procedures and guidelines to <br />staffing Battalion Chief’s positions which is contained in the Fire Department Manual. During the <br />term of the MOU, any changes to the Fire Department Manual staffing Battalion Chief position must <br />be done by mutual agreement of the parties. <br />24.5 Total Compensation Survey <br />Total compensation includes salary, and a variety of other benefits. Among such benefits, but not <br />exclusively, are contributions or payments made by the Employer toward retirement (CalPERS), <br />medical insurance, dental insurance, life insurance, vision insurance, disability insurance, uniform <br />allowance, and holiday pay. In addition, there can also be add-on costs for different incentives or <br />services performed. <br />Total compensation information will be gathered from similar agencies to determine how the <br />Employer’s benchmark classifications compare with comparable positions in other agencies. The <br />agencies used for comparison are listed below. <br />Berkeley <br />Fairfield <br />Fremont <br />Hayward <br />Palo Alto <br />Richmond <br />San Ramon Valley Fire Protection District <br />Santa Clara (City) <br />Santa Rosa <br />Vallejo <br /> <br />Total compensation arrays will be provided to the Union three (3) months prior to the expiration of the <br />MOU. <br />24.6 Continuity of Operations <br />The Union, its members and representatives, agree that they will not engage in, authorize, sanction, or <br />support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal to work <br />overtime, refusal to operate designated equipment (provided such equipment is safe and sound), or <br />concerted refusal to perform customary duties during the term of this MOU. Further, neither the Union <br />nor any representative thereof shall engage in any job action for the purpose of effecting changes in <br />the directives, decisions, personnel or operations of the Department or Employer, nor in sympathy or <br />support of employees not covered by this MOU. <br />Section 25. Bargaining Waiver and Separability of Provisions <br />Except as provided in this MOU, each party to this agreement voluntarily waives its right to negotiate <br />during the term of this agreement with respect to any matter expressly covered by this MOU or <br />proposed by that same party during the negotiations leading to this MOU. <br />Should any provision of this MOU be rendered unlawful or unenforceable by any subsequent <br />legislative enactment, state regulation or by a court of competent jurisdiction only that provision of <br />the MOU shall be null and void, and all other provisions of the MOU shall not be affected and shall <br />remain in full force and effect.