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TOLLING AGREEMENT <br />BETWEEN <br />LIVERMORE PLEASANTON FIRE DEPARTMENT JOINT POWERS AUTHORITY <br />AND <br />THE LIVERMORE-PLEASANTON FIREFIGHTERS, IAFF LOCAL 1974 <br />This Tolling Agreement is effective beginning the 20th day of December 2022 between the <br />Livermore Pleasanton Fire Department Joint Powers Authority ("JPA") and the City of Pleasanton <br />(hereinafter collectively referred to as "the Employer"), and the International Association of Fire <br />Fighters, Local 1974, AFL-CIO-CLC ("Union"). The Employer and Union are hereinafter <br />collectively referred to as "the Parties." The Parties mutually recognize the individual employees <br />represented by the Union are intended beneficiaries of this Tolling Agreement. <br />RECITALS <br />WHEREAS, the Employer has employed individual employees represented by the Union <br />as non-exempt Fire Fighters, Fire Engineers, Fire Captains, Fire Inspector and Hazardous Materials <br />Inspector covered under the terms of the Fair Labor Standards Act ("FLSA"), as well as an <br />enforceable Memorandum of Understanding between the Employer and the Union ("MOU''); <br />WHEREAS, the Union is the duly recognized employee organization (as defined by the <br />Meyers-Milias-Brown Act, Government Code section 3500 et seq.) representing employees in the <br />classifications of Fire Fighter, Fire Engineer, Fire Captain, Fire Inspector and Hazardous Materials <br />Inspector as set forth in Section 1 of the MOU; <br />WHEREAS, the Union contends the Employer's timekeeping and payroll practices result <br />in the underpayment of overtime compensation to individual employees (hereinafter "Payroll <br />Practices"); <br />WHEREAS, the Union further contends that these Payroll Practices violate the FLSA and <br />provisions of the MOU; <br />WHEREAS, the FLSA generally provides a two-year statute of limitations, but extends the <br />statute of limitations to include a third year if the employer's violation is "willful" (29 U.S.C. <br />§255(a)); <br />WHEREAS, the MOU generally provides for six-months of back pay from the date a <br />grievance is filed (MOU §26.7). The Parties previously agreed to toll the timeline for the Union to <br />file a grievance with respect to Payroll Practices alleged to violate the MOU; <br />1 <br />DocuSign Envelope ID: 29998917-EC8E-48B0-A691-9286410E1F67