HomeMy WebLinkAbout1999-319
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1
2
Resolution No. 1999-319
3
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE
CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC
EMPLOYEES ASSOCIATION.
4
5
6
7
8
WHEREAS the designated representatives of the Mayor and Common Council
met and conferred in good faith with representatives of San Bemardino Public
Employees' Association (SBPEA) representing the General employees of the City of
San Bernardino, in accordance with the provisions of Government Code Sections 3500-
3510, to agree upon a new Memorandum of Understanding (MOU);
WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a copy
of which is attached hereto and incorporated herein) effective July 1, 1999, through
il June 30, 2001.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO, AS FOLLOWS:
SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages,
hours and working conditions for employees in the General bargaining unit of the City of
San Bernardino.
11/
11/
1/1
1/1
1/1
1/1
1999-319
1
2
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE
CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC
EMPLOYEES ASSOCIATION.
3
4
5
6
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
Common Council of the City of San Bernardino at a joint regular meeting thereof,
7
held on the 20th
day of
December
, 1999, by the following vote,
8
to wit:
9
COUNCILMEMBERS:
ESTRADA
LIEN
MCGINNIS
SCHNETZ
SUAREZ
il ANDERSON
15 I
MILLER
AYES
NAYES
ABSTAIN ABSENT
10
x
11
12
x
x
13
x
14
x
x
x
16
17
18
~ '
~h.~
Ra 1 G. Clark, City Clerk
19
20
The foregoing resolution is hereby approved this
~o
pC' day of
December
,1999.
~~-
21
22
23
Susan Lien
Mayor Pro Tern
24
25
26
Approved as to form and
Legal content:
JAMES F. PENMAN,
City Attorney
27
28
1999-319
GENERAL UNIT
EMPLOYEES
MEMORANDUM
OF
UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
and
The San Bernardino Public Employees' Association
JULY 1,1999 TO
JUNE 30, 2001
CITY OF SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF HUMAN RESOURCES
1999-319
--
TABLE OF CONTENTS
Article/Section
Title
Pace
Implementing a Memorandum of Understanding.................... 1
Resolution No.
Definition of Terms ................................................................. 3
ARTICLE I
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
ADMINISTRATION ................................................................ 4
Management Rights ............................................................... 4
Employee Rights .................................................................... 4
Contract Services .............. ........... ................................ .......... 5
Agency Personnel Rules........................................................ 5
Safety Committee .... ..................................................... .......... 6
Labor-Management Committee.................................. ..... ....... 6
Time Off For Employee Representatives ............................... 7
ARTICLE II
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
Section 14
EMPLOYER-EMPLOYEE RELATIONS ................................ 8
Recognition/Union Security .................................................... 8
No Strike ................................................................................ 8
Payroll Deduction for Union Dues ...:...................................... 8
Grievance Procedure ............................................................. 9
Union Representation............................................................. 11
Employee Lists ....................................................................... 12
Skelly Rights.. ....... .......... ....................... ...... ...... ..................... 12
Non-Discrimination.... ............ ................................................. 13
Personnel Files....................................................................... 13
Bulletin Boards ....................................................................... 14
Budget Documents................................................................. 15
Employee Orientation ............................................................. 15
New Employee Information .................................................... 15
Mailbox ................................................................................... 15
ARTICLE III
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
COMPENSATION .................................................................. 15
Salaries .. ................................................................................ 15
PERS .......... ........................................................................... 16
Overtime................................................................. ................ 16
Higher Acting Classification Pay............................................. 17
Classification Appeal............................................................. 18
Call-Back/Standby Assignment & Pay.................................... 18
Shift Differential...................................................................... 20
Personal Tool Replacement Allowance.................................. 21
Fines...................................................................................... 22
Bilingual Pay.......................................................................... 22
Reclassification...................................... ................................ 23
~
Article/Section
ARTICLE IV
Section 1
Section 2
Section 3
Section 4
Section 5
ARTICLE V
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Section 11
Section 12
Section 13
ARTICLE VI
Section 1
Section 2
Section 3
Section 4
Section 5
ARTICLE VII
Section 1
Section 2
Section 3
Section 4
Section 5
SIGNATURE PAGE
INDEX
1999-319
Title
Paae
FRINGE BENEFITS ...................................................:........... 22
Health/Life Insurance ............................................................. 22
Uniforms, Rain Gear & Safety Equipment .............................. 23
Education Tuition Assistance ................................................. 25
Parking Facilities .................................................................... 26
Employee Assistance Program (EAP).................................... 27
LEAVES .................................................................................. 27
Vacations ................................................................................ 27
Holidays ................................................................................. 29
Sick Leave. ..... ...... ...... ..................... ................................... .... 31
Payment of Sick Leave.....................................:..................... 33
Catastrophic Leave ................................................................ 33
Injury Leave.... ...... .................................................................. 34
Leave of Absence Without Pay.............................................. 34
Witness Leave........................................................................ 36
Blood Donations ..................................................................... 36
Election Leave........................................................................ 36
Military Leave ....................................,.................................... 36
Union President Leave ........................................................... 37
Jury Duty ............................................................................... 37
WORKING CONDITIONS ...................................................... 38
Work Periods ......................................................................... 38
Physical Examinations ........................................................... 39
Probationary Period ............................................................... 39
Seniority.... ... ..... ......... ............. .... ... ..................... ...... ...... .... ... 40
Reasonable Suspicion Drug and Alcohol Testing................... 40
General Provisions............................................................... 41
Waiver Clause ........................................................................ 41
Severability........... .................... ..... ........... ...... ............. ...... ..... 42
Printing of Memorandum of Understanding ........................... 42
Term of Memorandum of Understanding................................ 42
Notice of Intent to reopen ...................................................... 42
... ................................ ............ ..... ......... ..................... ........ ..... 43
'.
City:
Classification:
Dav:
Exclusion:
General Unit:
Mandatory and
Pennissive:
MOU:
Union:
1999-319
DEFINITION OF TERMS
The City of San Bemardino
Includes titles listed in Section 10 of City Resolution No. 6413, as
amended.
As it pertains to a holiday, sick leave day or a vacation day, one (1)
"day" equals eight (8) hours, unless otherwise l:lpecified.
Excluded from the General Unit for purposes of representation are:
classification titles designated as management/confidential, middle-
management or safety, positions established and created under
federal contract, and temporary, part-time, provisional and
probationary individuals.
Includes titles listed in Section 10 of City Resolution No. 6413, as
amended. Additional titles in the General Unit may be established
by the Mayor and Common Council. Also reference "Exclusions"
above.
"Shall" is mandatory; "may" is pennissive.
Memorandum of Understanding
The exclusive bargaining representative for the General Unit
3
General Unit MOU
1999-319
-
ARTICLE I - ADMINISTRATION
SECTION 1 - Management Rights
This Memorandum of Understanding (MOU) shall not be deemed to limit or
curtail the City in any way in the exercise of the rights, powers and authority, which the
City had prior to adopting this MOU, except to the extent that the provisions of this MOU
specifically curtail or limit such rights, powers and authority. Furthermore, the City
retains all its exclusive rights and authority under City Charter, ordinances, resolutions,
state and federal laws and expressly and exclusively retains its management rights,
which include but are not limited to: the exclusive right to determine the mission of its
constituent departments, commissions and boards; set standards of selection for
employment promotions; direct its employees; establish and enforce dress and
grooming standards; determine the methods and means to relieve its employees from
duty because of lack of work or other lawful reasons; maintain the efficiency of
governmental operations; determine the methods, means and numbers and kinds of
personnel by which government operations are to be conducted; determine the content
and intent of job classifications; determine methods of financing; determine style and/or
types of City-issued wearing apparel, equipment or technology, means, organizational
structure and size and composition of work force and allocate and assign work by which
the City operations are to be conducted; determine and change the number of work
locations, relocations and types of operations, processes and materials to be used in
carrying out all City functions, including but not limited to the right to contract for or
subcontract any work or operations of the City; assign work to and schedule employees
in accordance with requirements as determined by the City, and establish and change
work schedules and assignments upon reasonable notice; establish and modify
productivity and performance programs and standards; discharge, suspend, demote,
reprimand, withhold salary increases and benefits or otherwise discipline employees in
accordance with the applicable law; establish employee performance standards
including, but not limited to quality and quantity standards; and, carry out its mission in
emergencies and exercise complete control and discretion over its organization and the
technology of performing its work.
SECTION 2 - Employee Rights
A. Employees of the City have the right to form, join and participate in the
activities of employee organizations of their own choosing for the purpose of
representation on all matters of employer-employee relations, including but not limited
to: wages, hours and other terms and conditions of employment. Employees of this City
also shall have the right to refuse to join or participate in the activities of employee
organizations and shall have the right to represent themselves. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against by the City or
by employee organizations because of the exercise of these rights.
4
General Unit MOU
1999-319
.
B. The City, through its representatives, shall meet and confer in good faith
only with representatives of formally recognized employee organizations regarding
matters within the scope of representation, including wages, hours and othef terms and
conditions of employment.
SECTION 3 - Contract Services
It is not the intent of the City to cause employees to lose their jobs because of a
decision to contract work. However, if a decision is made by the City to contract work
not now contracted, and that decision will result in change in the work status of
employees in the Union representation unit prior to concluding the research and
analysis necessary for the implementation of such a decision, the City will meet and
confer in good faith conceming the manpower resource considerations involved and
receive recommendations from the Union to reduce the impact upon jobs performed by
unit employees. The Union agrees to eliminate meetina with the Drivatlzation
committee until after direction from the Mayor and Common Council. The City
will notify the union when seeklna direction from the Mayor and Common
Council.
The City agrees to refer to the privatization committee in advance of submitting to
the Mayor and Common Council any matter conceming the contracting out of services
currently performed by General Unit employees.
SECTION 4 - Agency Personnel Rules
It is understood and agreed that there exists within the City in written or unwritten
form certain personnel rules, policies, practices and benefits generally contained in
.Civil Service Rules and Regulations for the Classified Service"; Resolution No. 6433,
as amended; Resolution No. 10584, Establishing Uniform and Orderly Methods of
Communications Between the City and its Employees for the Purpose of Promoting
Improved Employer-Employee Relations, as amended; and, Resolution No. 10585,
Adopting Rules and Regulations Relating to Employer-Employee Relations, as
amended, which documents will continue in effect, except for those provisions modified
by the Common Council in accordance with state laws, orders, regulations, official
instructions or policies. In the cases of proposed changes to the resolutions other than
by agreement, the Union shall be consulted with prior to the consideration of these
changes by the Mayor and Common Council, except in cases of emergency as defined
by the Mayor and Common Council, in which cases the Union will be consulted with as
soon as possible atter the changes.
Any departmental work rules initiated, established and promulgated by the City
shall be posted on bulletin boards ten (10) days prior to their effective date, except in
emergency situations. A copy of such rules shall be sent to the Union office. The
reasonableness of any disciplinary action taken as a result of a violation of any
5
General Unit MOU
1999-319
.'
departmental work rule may be determined in the grievance procedure at the
employee's election. The City shall make reasonable efforts to acquaint employees with
work rules. Work rules shall be uniformly applied. I
SECTION 5 - Safety Committee
There is established an Employee Safety and Accident Review Board and Safety
Committee in which the General Unit has membership (three (3) members). The Board
will review all recordable accidents (both City equipment and personal injury of City
employee) and make recommendations to the City Administrator and Director of
Human Resources for all corrective actions in establishing better jOb safety.
The Board will improve safety communications throughout the City and review
each accident on or off City property. The Board will investigate all "industrial type"
accidents and "vehicular" accidents and make recommendations on how the accident
could have been prevented. The Board is expected to establish its own rules of
conduct, to elect its own officers at the first meeting in January and keep minutes of all
its meetings, findings and recommendations.
The Committee is expected to meet no less than once a month at a time
agreeable to all members. Upon completion of reviews by the Committee of accidents!
incidents, the Committee will make recommendations for corrective measures to
establish safer working conditions and may recommend disciplinary action.
It is of mutual benefit to the City and to the employee to be fully aware 'of and
comply with all safety rules and regulations. The City, Union and employees agree to
work towards preventing job-related injuries to employees and damage to both public
and private property.
Guests and/or speakers will be allowed to attend based on advance notice to the
City and mutual agreement.
In the event a representative from either side is unable to attend a meeting, the
spokesperson from each side may, with two (2) working days' notice to the other side,
select an altemate from a predesignated pool of employees. The "pool" will consist of
up to three (3) employees, whose names will be exchanged by the City and the Union
each July.
SECTION 6 - Labor-Management Committee
The Labor-Management Committee shall continue for the term of this MOU. Its
continuing purpose is for the discussion of common problems that are not addressed in
other existing procedures. The Union shall designate three (3) representatives to serve
on the Committee from different departments. The City shall also designate three (3)
6
General Unit MOU
1999-319
.'
representatives to serve on the Committee. The Committee will select a chairperson
who will be responsible for receiving items, establishing agendas and informing
participants of the time and place of meetings. The Committee shall normally meet at
least quarterly or may meet more often if necessary at a mutually agreed upon time and
place. Recommendations shall be considered by management. The Union will provide
a list of the three (3) Committee members to the Director of Human Resources each
July.
Guests and/or speakers will be allowed to attend based on advance notice to the
City and mutual agreement.
In the event a representative from either side is unable to attend a meeting, the
spokesperson from each side may, with two (2) working days' notice to the other side,
select an alternate from a pre-designated pool of employees. The .pool. will consist of
up to three (3) employees, whose names will be exchanged by the City and the Union
each July.
SECTION 7 . Time Off for Employee Representatives
The Association may designate up to ten (10) representatives from the
Departments/Divisions listed below to meet for one (1) hour per month on City time at
the end of the City Hall workday. The Union will submit names of employees to the
Human Resources Department prior to the first meeting. The Union will provide any
changes in employee names to the Human Resources Department prior to subsequent
meetings. The time must be scheduled in advance. Department approval is required
for release time.
Following is the breakdown of employees by Department/Division:
Animal Control
City Hall
Department or Division
Facilities Management
Fire
Library or SBET A
Parks, Recreation & Community Services
Refuse Division
Police
Streets Division
1
Total
1
1
1
1
1
1
2
1
10
7
General Unit MOU
1999-319
..
ARTICLE II - EMPLOYER-EMPLOYEE RELATIONS
SECTION 1 - Recognition/Union Security
Exclusive recognition of the Union is acknowledged for the purpose of meeting
and conferring on wages, hours and working conditions, and of general representation
within the unit of representation. The classification titles of those general regular
employees in the unit for which the Union has been recognized exclusively as the
exclusive representative are listed under Section 10 of City Resolution No. 6413, as
amended, excluding therefrom: position and classification titles designated as
management/confidential, middle-management or subsequently so designated by the
City, positions established and created under federal contract, and those employees
while under provisional or probationary status.
The granting of "exclusive" recognition shall not preclude employee self-
representation in matters where individual rights, protections and concerns are involved;
provided, however, the representation rights of the Union as exclusive representative
shall not be compromised thereby. If a unit member does not wish to be represented by
the Union in matters pertaining to grievances and disciplinary appeals and wishes to
represent himself/herself, such member shall be required to provide the Union and the
City with a signed statement waiving the right to Union representation in such matters.
SECTION 2 - No Strike
It is the purpose of the MOU, for the parties hereto, to confirm and maintain the
spirit of cooperation, which has existed between the City and the employees of the City.
It is recognized that any work disruptions are unproductive to City operations and
services provided to its citizens. The Union and the City agree that they shall, at no
time or in any way, jeopardize the public health, welfare and safety of the City's
business and residential communities. Thus, the Union and the City will strive to
promote a harmonious relationship between the parties to this MOU that will result in
benefits to the City and will provide continuous and uninterrupted employee services. It
is, therefore, further agreed that the Union shall not, on behalf of itself and its members,
individually or collectively engage in any curtailment or restriction of work at any time
during the term of this MOU.
SECTION 3 - Payroll Deduction for Union Dues
The City agrees to provide Union dues deductions for Union members only as
long as the Union remains the exclusive representative for the employees within the
bargaining unit. Conversely, no other employee organization shall be permitted dues
deduction privileges for employees within the bargaining unit. The City shall not be
liable to the Union, employees or any other person by reason of the requirements of this
8
General Unit MOU
"
1999-319
.'
article for the remittance of any sum other than that constituting actual deductions made
from employee wages eamed.
Dues shall be deducted from the pay of each employee who signs the authorized
payroll deduction card as a monthly sum certified to the City by the Secretary of the
Union as the regular monthly Union dues and insurance fees. The amount of dues shall
be affixed to each authorization card by the Union. A letter of authorization, signed by
the Union SecretarylTreasurer, indicating the date of the meeting and approval of dues
by the general membership, shall constitute proof. The City will not deduct any pay for
initiation fees, fines or other special assessments. Dues deduction. shall be a specified
uniform amount for each employee and any change in the amount of dues deducted
shall be by written authorization from the Union, provided however, that the Union
shows proof that the general membership has voted and approved any change in the
amount of dues. The employee's earnings must be sufficient after other legal and
required deductions are made to cover the amount of the dues checkoff authorized.
When a member in good standing of the Union is in a non-pay status for an entire pay
period, and the salary is not sufficient to cover the full withholding, no dues withholding
will be made to cover the period from future earnings, nor will the member deposit the
amount with the City which. would have been withheld if the member had been in a pay
status during that period. All other legal and required deductions have priority over
employee organization dues. Dues withheld by the City shall be transmitted to the
office designated by the Union in writing at the address specified in the letter of
authorization.
All unit members who were members of the Union on June 1, 1999, and those
employees who thereafter become members shall remain as members in good standing
of said Union the duration of this MOU, except as provided for in this article.
During the first full work week in June, a member may request to the Finance
Department in writing, with a copy to the Union President, to withdraw his/her
authorization for dues deduction, which shall become effective in the first payroll period
in August.
The Union shall indemnify, defend and hold the City harmless against any claims
made and against any suit instituted against the City in regards to employee
organization dues. In addition, the Union shall refund to the City any amounts paid to it
in error, upon presentation of supporting evidence.
SECTION 4 . Grievance Procedure
Definition of Emolovee Grievance: A grievance is an alleged violation of the
terms of the MOU or of the laws, ordinances, resolutions concerning or affecting wages,
hours or other conditions of employment. The remedy selected by the employee shall
be the exclusive remedy pursued, either through the grievance procedure or through
disciplinary appeals to the Civil Service Board. If the employee chooses to appeal
9
Genera/ Unit MOU
"
1999-319
"
disciplinary action to the Civil Service Board, he/she shall be precluded from filing a
grievance.
Additionally, allegations of discrimination and harassment may be submitted to
the Eaual Emplovment Officer.
As used in this procedure, the term "immediate supervisor" means the lowest
level of supervisor not within the general employee representation unit. The procedure
provides a mechanism for settling the grievance informally with the "immediate
supervisor," up to and including the Division Head.
If this proves unsatisfactory, the grievance may be formally presented to the
Department Head or designee, the Director of Human Resources, and finally to the
City Administrator who will be the ultimate authority.
The aggrieved employee shall have the right to be represented, if he/she desires,
by the designated Union representative.
Workine Dav: As used in this section, "working day"' shall refer to the
employee's working day or to the working day of the other party involved (supervisor,
Division Head, Department Head, Director of Human Resources, City Administrator
and/or their designees), depending upon whose response or action is pending.
Procedural Stees for Handline Grievances:
A. Informal: An attempt shall be made to ascertain all facts and adjust all
grievances on an informal basis between the employee and a supervisor in the
employee's chain of command, up to and including the Division Head. Presentation of
the grievance must be submitted to the Informal Step within ten (10) working days of the
incident causing the grievance or of the grievant's knowledge of the incident's
occurrence. The date and the subject of the incident should be provided with the
request for the informal meeting. Within ten (10) working days of the presentation of the
grievance, the supervisor shall provide an oral response to the employee. The
supervisor will document (for record purposes) his/her response to the employee in the
event the grievance proceeds to the Formal level.
B. Formal:
1. If the grievance is not adjusted to the satisfaction of the employee
involved, the grievance shall be submitted in writing by the employee or his/her
designated representative to the Department Head or his/her designee within ten (10)
working days from the date of the oral response. The Department Head or his/her
designee shall meet with the ernployee and/or his/her designated representative within
the next ten (10) working days of receipt of the written grievance and shall deliver
his/her answer in writing to the employee within ten (10) working days after the meeting.
10
General Unit MOU
1999-319
.
"
2. If the grievance is still not adjusted, the aggrieved party may file a
written appeal with the Director of Human Resources within ten (10) working days from
the date of delivery of said answer. The Director of Human Resources' or his/her
designee shall meet with the ernployee, and if the employee desires, the designated
Union representative, within ten (10) working days after receipt of the appeal and shall
deliver his/her answer in writing to the employee within ten (10) working days after the
meeting.
3. If the grievance is still not adjusted, the aggrieved party may file a
written appeal with the City Adrninistrator or his/her designated representative within ten
(10) working days from the date of delivery of said answer.
The City Adrninistrator or his/her designated representative shall
deliver his/her answer in writing within ten (10) working days after receipt of the appeal.
4. The decision of the City Administrator or his/her designated
representative is final and binding on all parties, unless reversed by a court decision.
5. All grievances shall be treated as confidential, and no publicity shall
be given the final resolution of the grievance.
C. Time Limits: Any grievance not answered by the City within the specified
time Iirnit listed above shall be deemed settled on the basis of the Union's original
demand. Likewise, any specified adjustment not appealed by the employee or his/her
designated representative within the specified time limits listed above shall be deerned
settled on the basis of the last City official's answer. Time lines as above may be
extended by mutual agreement only.
D. Consolidation of Grievances: In order to avoid the necessity of processing
numerous similar grievances at one time, a single "class" grievance may be filed as
long as the grievances are frorn ernployees within a single department. The City also
has the right to consolidate responses to such grievances. If the grievant is a group of
three (3) or more employees within a department, the group shall appoint one (1) or two
(2) ernployees who signed the grievance to speak for the collective group throughout
the grievance process.
SECTION 5 . Union Representation
When requested by an employee, a steward may represent an employee in a
grievance, as defined in Article II, Section 4, Grievance Procedure. The steward
representing an employee in a grievance proceeding shall be allowed reasonable time
during working hours for such purposes without loss of time or pay, with two (2) working
days' advance written notice to and with the approval of, the immediate supervisor, who
shall notify and obtain the concurrence of the Division or Department Head. Approval to
investigate and process a grievance will not be unreasonably withheld.
11
Genera/ Unit MOU
1999-319
-,
The privilege of stewards to leave their work during working hours without loss of
time or pay is subject to the understanding that time will be devoted to the proper
handling of grievances within the unit of representation, will conform to department work
rules and will not be abused. Stewards will perform their regularly assigned work at all
times. except when necessary to leave their work to handle grievances as provided
herein.
A steward will not be granted time off nor compensation for the purpose of
handling grievances outside the unit of representation, which the Union has been
exclusively recognized within the City. A steward may be allowed leave of absence
without pay by the Mayor and Cornmon Council to attend Union training courses and
Union conventions if the Departrnent Head concurs.
A ratio of one (1) steward for every fifty (50) permanent employees in the unit
shall be recognized by the City. Any substantiated abuse of the privileges accorded
stewards with regard to reasonable time off and cornpliance with the requests of hislher
immediate supervisor, or conflicts which arise between duty requirements and the
handling of grievances, may be cause to suspend this privilege, and both parties will call
an imrnediate special consultation between the City Administrator or hislher designated
representative to resolve the problem. Punitive action shall not be taken against
employees for performing their duties as stewards. The Union shall furnish the Director
of Human Resources with an up-to-date steward list each quarter including narnes of
stewards and work locations. Changes other than on the quarterly lists will not be
recognized by the City, other than for a steward who has left the bargaining unit or City
employment.
SECTION 6 . Employee Lists
The City agrees to provide the Union with a list of names of the General Unit by
City department, every six (6) rnonths, beginning in January of each year.
SECTION 7 . Skelly Rights
It is mutually agreed that the City subscribes to the concept and application of
progressive discipline. Discipline shall be imposed upon an employee only for just
cause.
If the ernployer has reason to reprimand an employee, it shall be done in a
manner that will not embarrass the employee before other employees or the public.
When an action for suspension or termination has been taken, subject to appeal,
the employee will be apprised of the action, the reason therefor and will be provided
with a copy of the charges including material on which the action was based.
12
General Unit MOU
1999-319
'.
Employees have the right to Union representation as provided under Government Code
Section 3500 et seq. (Meyers-Milias-Brown Act).
A. The employee shall receive advance notice of the proposed disciplinary
action. Reasonable advance notice shall be provided to the employee.
B. The notice must contain the reasons and the charges upon which the
proposed action is based.
C. The notice must also contain a statement of the events or circumstances
upon which the action is based.
D.
is based.
The employee must be given the materials, if any, upon which the action
E. The employee shall have the right to respond either orally or in writing
within five (5) working days of receipt of Skelly package to the appointing authority
(Departrnent Head/Division Head) imposing the discipline.
F. The disciplinary procedure should be used for all serious disciplinary
actions, which are normally considered (1) demotions; (2) discharges; (3) reductions in
pay; and, (4) suspensions.
SECTION 8 - Non-Discrimination
The City and the Union agree that there shall be no discrimination against
employees within the bargaining unit because of race, color, creed, religion, national
origin, sex, age, marital status or Union rnembership. Union membership also includes
Union activities.
Further, there shall be no discrimination against qualified individuals with
disabilities as defined by the Americans with Disabilities Act (ADA) of 1990, when those
individuals do not pose a risk to the health or safety of themselves or others. The ADA
expressly identifies reassignment to a vacant position as one form of reasonable
accommodation.
SECTION 9 - Personnel Files
A. The Human Resources Department shall keep and maintain an official
personnel file for employees, which shall contain information relative to the employee.
No other files, records or notations shall be official except as rnay be prepared or used
by the City or its counsel in the course of preparation for any pending case, such as the
Department of Fair Employment and Housing or Civil Service matter or grievance.
13
General Unit MOU
1999-319
B. An employee's department may maintain a file pertaining to an employee,
which shall contain job-related information only. It shall be the supervisor's
responsibility to inform the employee, with a copy thereof, of any detrimental tnaterial in
the file that may affect the employee's performance evaluation. An employee may
grieve over the factuality of, or propriety of, any material in such file. Such files shall be
confidential. Both the City and the Union agree that an employee's failure to challenge
any material in such file does not justify the conclusion that the employee is in
agreement with any such materials. Such files shall not contain a copy of any
disciplinary action against an employee.
C. Employees and lor their authorized representatives, if authorized by the
employee, shall have the right upon written request to review the contents of their
official personnel files and department files. Such review may be made during working
hours with no loss of pay for tirne spent, and the employee rnay be accompanied by
his/her authorized representative if he/she so wishes. Reasonable requests to copy
documents in the files shall be honored.
D. A copy of any disciplinary action or material related to employee
performance, which is placed in the personnel file, shall be served upon the employee
(the employee so noting receipt), or sent by certified mail (return receipt requested) to
his/her last address appearing on the records of the City. It is the obligation of each
employee to provide the City with his/her current address.
E. A full-time, permanent ernployee shall have thirty (30) working days in
which to file a written response to an ernployee performance evaluation entered In his
or her personnel file. Such written response shall be attached to the employee
performance evaluation. The thirty (30) working days will comrnence with the date the
employee receives the evaluation for signature.
The Human Resources Department will distribute to all City departments
a memorandum explaining employee performance evaluation response procedures for
General Unit ernployees.
SECTION 10 - Bulletin Boards
The City will provide adequate space on bulletin boards in each department/
division for the purpose of the Union posting notice of pertinent Union business. The
Union agrees that nothing libelous, obscene, defamatory or of a partisan political nature
shall be posted. In the event that there is a dispute arising out of the pertinency of any
literature the Union chooses to post, the City Administrator or his/her designated
representative and a Union representative will meet as soon as possible to resolve the
problem.
14
General Unit MOU
1999-319
SECTION 11 - Budget Documents
The City agrees to provide the Union at no cost one (1) copy of the annual
financial report, preliminary budget, final budget and resolutions or ordinances as
requested by the Union.
SECTION 12 - Employee Orientation
The City will distribute the Mernorandum of Understanding, or contract term and
conditions, as part of the employee orientation program conducted by the City for new
employees. The City will allow the union to make a presentation at emplovee
orientations. .
SECTION 13 - New Employee Information
Once per month, the Human Resources Department will furnish the Union with
information on new General Unit ernployees, excluding their horne addresses. Data will
include narne, title, department, departrnent phone number and date of hire. Data will
not be provided until at least ten (10) working days following approval of the
appointrnent by the Mayor and Cornrnon Council.
SECTION 14 - Mailbox
The City will offer a mail slot for the General Unit in the mailroom area City
established for City departments.
ARTICLE III - COMPENSATION
SECTION 1 - Salaries
Salaries are per Resolution No. 6413. Section Ten, as amended by the Mayor
Comrnon Council.
A three percent (3%) salary increase shall become effective January 1. 2000..
for all unit employees. A two percent (2%) salary increase shall become effective
January 1. 2001..
The City. at its exoense. aarees to conduct a classification and
comoensatlon study of positions in the General Unit. The City further aarees that
the study will be completed prior to the expiration of the contract.
15
Genera/ Unit MOU
1999-319
~
SECTION 2 - PERS
For any employee hired on or after January 1, 1998, the City will pay fiVe percent
(5%) of the seven percent (7%) members' contribution to PERS credited to the
employee's account as a fringe benefit. Upon said employees completing five (5) years
of service, the City will pay two percent (2%) additional of the members' contribution to
PERS credited to the employee's account as a fringe benefit on the first pay period of
the sixth year of service.
The City contracts with PERS for employees' retirement benefits. General Unit
employees are normally eligible for "Service Retirement" once they reach age 50 and
have five (5) years of PERS-credited service. There is no cornpulsory retirement age
for employees, such as General Unit ernployees, who are local rniscellaneous members
of PERS.
Ernployees inquiring about exceptions or about disability retirement should
contact the City Human Resources Department or a PERS Area or Field Office.
The City will pay the employer contribution for the Fourth Level 1959 Survivors'
Benefit.
The City will amend Its PERS contract to provide the 2% @ 55 retirement
benefit. effective June 30. 2001. The cost associated with this amendment will be
borne bvthe City.
SECTION 3 - Overtime
All ernployees in the General Unit (exempt as well as non-exempt) will receive
overtirne based on the requirements of the Fair Labor Standards Act (FLSA).
Overtirne work shall not be authorized unless the employee has obtained the
prior approval of hisiher Department Head or designated Division Head. Ernergency
overtirne work may be authorized by the employee's supervisor without such prior
approval, if obtained at the earliest possible time after the performance of emergency
work.
In instances where standby and call-back work is required and directed, it shall
be regulated by, and paid in accordance with, the provisions contained in Article III,
Section 5.
Comoensatorv Time Bank: When an employee works overtime, he or she shall
earn overtime at the FLSA rate. Following prior approval of overtime as described
above, the employee will either be paid for the overtime worked or the number of
overtime hours worked will be placed in a compensatory time bank, based on the
employee's request. The Finance Department (Payroll) will track the compensatory
16
General Unit MOU
1999-319
,
time accrued and used, and the compensatory time balance will appear on the
employee's paycheck. Departrnent Head approval will be required in order for
employees to use time from the compensatory time bank. '
Once an employee's compensatory time bank reaches eighty (80) hours, the
employee will be paid for all subsequent overtime worked. By the end of each calendar
year, an employee's compensatory tirne bank must be reduced to forty (40) hours. Any
hours in the compensatory time bank in excess of forty (40) hours as of as of June 30
of each year will be paid at the employee's regular rate of pay, and will be included on
the first paycheck in December (December 15).
If the employee terminates ernployment or if the employee is promoted to a
position in the City, the compensatory time bank will be paid off at the then current rate
of pay.
SECTION 4 - Higher Acting Classification Pay
Upon approval by the City Administrator, a Department/Division Head may
assign or reassign a qualified unit employee to discharge the duties of a higher
classification when a position is vacant or in the absence of the incurnbent.
An employee so assigned in writing by the Department/Division Head, with the
approval of the City Administrator, shall receive acting duty pay starting on the sixth
consecutive day of each acting duty assignment. No acting duty pay will be paid for the
first five (5) days of each acting duty assignment, except for those employees who can
prove that they have served a total of twenty (20) days in a higher-acting classification
during the previous twenty-four (24) months, based upon their official Human
Resources Department records. The entire period of assignment at the higher
classification, including the initial work demonstration period, may not exceed sixty (60)
working days, except by the mutual agreement of the City and the employee.
Effective with the signinG of the new contract. employees of the Refuse
Division assiGned to a hiaher-actinG position will be eliGible for hiaher-actlng DaY
from the first day thev are assigned to work in the higher-actlng position.
An employee assigned to work in a higher classification on an acting basis shall
receive at least five percent (5%) above his/her current base rate of pay.
The City will not circumvent the intent of this article by using various employees
to thwart the intention of this article.
17
Genera/ Unit MOU
1999-319
SECTION 5 - Classification Appeal
Employees who believe they are performing duties of a higher level outside of
their current classification, and who believe they have been unable to resolve the
situation satisfactorily, shall have the right to appeal their issue via the current grievance
procedure (Article II, Section 4).
SECTION 6 - Call-Back/Standby Assignment & Pay
An employee who is free to engage in his/her own pursuits while off duty, subject
only to carrying a beeper or to the understanding that the employee leave word at
his/her home or the with the Department Head or designee) where he/she can be
reached, is not working while on standby. If called back, the employee shall be paid for
the time actually worked in accordance with Article III, Section 3.
If a Department Head places an employee on standby, defined as the employee
being in a state of readiness and immediate availability to come to work outside of their
normal work hours, the Union and the City hereby agree that the following is
compensation in full for the hours of work of the employee when in such standby status:
Standbv Status
Hrs Comoensated
For the employee's five (5) work days
during their work week (or prorate at 1.0)
5 work hours
For the employee's two (2) non-work days
during their work week (or pro rate at 2.5)
5 work hours
OR,
For all seven (7) days during a work
week
10 work hours
AND,
For any holiday, as described in this MOU,
during which the employee stands by for all
or any portion of the 24 hour day
1 extra work hour
per holiday - added
to the above
The hours described above will be treated as time worked and paid at the rate of
time-and-one-half (1-1/2). This amount will be paid, in addition to compensation for
actual time worked, when the employee is called to work from standby status. The time
worked shall also be paid at the rate of time-and-one-half (1-1/2). Effective January 1.
2000, emplovees of the Animal Control Division assianed to standbv status shall
be compensated at the rate of two (2) hours pav per day for such status.
18
General Unit MOU
1999-319
.
General Unit Call-Back Pav: An employee cannot be in standby status and call-
back status at the same time.
Employees not formally assigned to standby status may still be called back to
work. If reached by their supervisor and called back to work, the employee will be paid
for actual hours of work at the FLSA overtime rate of time-and-one-half (1-1/2) unless
the employee has worked less than forty (40) hours in the work week due to use of paid
or unpaid sick time. In such cases employee will be paid straight time. Department
Heads may, however, pay at the overtime rate of time-and-one half (1/2) regardless of
sick time taken in unusual circurnstances at their discretion. An employee called back
to work shall be paid for a minimum of one-and-a-half (1-112) hours of work.
The General Unit employees covered by this MOU are not so severely restricted
in their activities while in standby status as to be "working while 'on call'" as that term is
used in the Fair Labor Standards Act 29 CFR 785.17.
Departments and Divisions, which utilize call-back/standby will prepare a
qualified list of employees. Department/Division Heads will consider the following
factors in establishing and maintaining call-back and standby lists: employee seniority;
special qualifications; skills; and/or, voluntary work assignments.
For Departments and Divisions assigning call-back and standby on a rotation
basis, only the employee who appears first on the list may reject an assignment to call-
back or standby. Rejecting an assignrnent will automatically place the first employee at
the bottom of the list. The employee listed next must take the assignment.
Departments and Divisions rnay use procedures that vary from the above, if the
procedures are: (1) consistent with Department/Division work rules; or, (2) implemented
result of an ernergency situation.
Emolovee Court Subooena Tirne: All City employees appearing in court on their
day off for a work-related court subpoena will receive compensation for the actual time
spent in court., with a three (3) hour minirnum. Additionally, employees will receive one-
half (1/2) hour travel time for going to court. Employees will be reimbursed for all
parking fees associated with the court appearance.
In the event an employee is placed on standby on their day off for a work-related
court subpoena, the employee will receive three (3) hours standby pay for each day on
a standby status.
For morning standby subpoenas where employees are called to court and do not
go beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours
standby along with one-half (1/2) hour of travel time. If employees have to appear in
court after the noon recess, the actual additional time along with one-half (1/2) hour of
travel time will be added to the three (3) hours standby. In cases where the subpoena
19
General Unit MOU
"
1999-319
is for 1 :30 p.m. or another time, the standby will start with the time stated on the
subpoena.
All court-related compensation will be paid as time worked and at the appropriate
straight time, or where applicable, at the FLSA overtime rate. Such compensation is in
addition to compensation for any prior time actually worked pursuant to such subpoena.
It is hereby agreed by and between the parties hereto that the General Unit
employees covered by this provision are not so severely restricted in their activities
while on standby status as to be "working while 'on call'," as that term is used in the Fair
Labor Standards Act 29 CFR 785.17.
SECTION 7 - Shift Differential
Unit ernployees assigned to the Communications Division, Identification Bureau,
Patrol and Police Records within the Police Department, and the garage within the
Public Services Department, shall receive the following pay differential in addition to
their pay for actual shift work designated as either the swing or graveyard shift.
A. An employee assigned to the swing shift (normal start and ending time of
4:00 p.m. to 12 midnight, respectively) shall receive ,$65 per month extra for all hours
actually worked during such assignrnent; or,
B. An employee assigned to the graveyard shift (normal start and end time of
12 midnight to 8:00 a.m., respectively) shall receive J100 per month extra for all hours
actually worked during such assignrnent.
C. Any employee who is permanently assigned to the swing or.
graveyard shift will receive the additional monthly pay. The additional pay will
only begin and end on the 1.1 and the 16th of the month. Whenever permanent
swing or graveyard shift employees work overtime on another shift. their hourly
pay will Include the additional monthly pav.
D. Any non-swina/graveyard shift employees who work overtime in a
swing or gravevard shift will onlv be paid at the regular rate of pav (no additional
differential pay).
E. The Departments by memo will inform Payroll which employees are
permanently assigned to swing and gravevard shifts and should receive the
additional monthly oay. Permanent is defined as working thirty (30) days or
more.
20
General Unit MOU
1999-319
,.
SECTION 8 - Personal Tool Replacement Allowance
The City shall provide a tool replacement allowance for damaged, lost or stolen
personal tools in an amount not to exceed $350 per year, per employee. Only those
employees in the following position classifications shall be entitled to such allowance:
Deoartment/Division
Classificationls)
1. Fleet Division
2. Engineering
3. Facilities Management Division
Mechanics & Lead Worker
Traffic Signal Electricians
Maintenance Personnel
(includes Plumbers) &
Electricians I & II
Mechanics
4. Fire Department-Maintenance Shop
Claims against the above tool replacernent allowanCe shall be honored provided
when: (1) the personal tools had been required by the City; (2) the tool had been
marked and inventoried by the employee; (3) a report of such inventory had been filed
with the Department Head; and, (4) said tools had been proper1y maintained. Tools
stolen or darnaged through no fault of the employee will be replaced by the employee
and reimbursernent thereof will be made by the City, after subrnission of an appropriate
City form accornpanied by an approved invoice or receipt. Requests shall be submitted
semi-annually, in June and Decernber, or upon termination of the employee from City
service for any reason. Damaged tools, which are replaced through reimbursement by
the City as above shall be turned in to the Department Head and shall become the
property of the City.
During the term of this MOU, all newly-employed mechanic personnel in the Fire
Department and Fleet Division, who may be required by their Department Head to
purchase personal metric tools in order to effectively accornplish work assignments,
shall be eligible to receive a one-time tool purchase allowance not to exceed $100 to
assist in making such purchase.
SECTION 9 -Fines
The City shall pay for court fines imposed upon any permanent General
Employee within the unit of representation as a result of his/her conviction of a violation
as a result of being directed to operate any faulty vehicle or equipment, where such fault
is the proximate cause of the violation.
SECTION 10 - Bilingual Pay
General Unit employees, as designated by the City Administrator and who meet
the certification and eligibility requirements as developed by the City, shall be
21
Genera/ Unit MOU
1999-319
: compensated at the rate of fifty dollars ($50) per month. The duties of the employee
receiving bilingual pay may be reviewed annually to determine that bilingual duties
assigned to an employee are being performed on a regular and frequent t>asis. The
designated employees may be tested annually for certification and recertification.
Not more than twenty (20) General Unit employees may be designated to receive
bilingual pay. The City Administrator or designee will retain the right to select the twenty
(20) eligible ernployees and to determine the departments where use of employee
bilingual skills would be best served. The City shall reserve the right to determine
languages for which testing will be conducted.
SECTION 11 . Reclassification
The City agrees to bring forward a request to reclassify four (4) Police Records
Clerk II's to the Mid-Management Unit.
ARTICLE IV - FRINGE BENEFITS
Section 1 - Health/Life InsurancE!
A. As of January 1. 2001., the City will contribute an additional $20/manth
toward health premiums for unit employees, exclusive of subsection C: (1) for
Employee plus One or More Dependents, the $20/manth will result in an increase to a
flat rate of $335/rnonth; (2) for Ernployees with No Dependents, the $20/month will be
added to the Kaiser South premiurn for Employees with No Dependents.
As of September 1999, the Kaiser South premium for Employees with No
Dependents was J224.06/manth. If, at the time of the next open enrollment this rate
varies, the City will make the appropriate adjustments.
Insurance benefits available for purchase by employees include medical,
dental, vision, life, long-term disability and accidental death and dismemberment, as
made available through the City. Any contributions not utilized by an employee shall
revert to the City.
B. An employee must purchase medical insurance offered through the City in
order to utilize the contribution described in subsection A.
C. The City shall contribute a maximum of sixteen dollars ($16) per month
per retired employee to be used exclusively for the purchase of medical insurance
benefits.
D. City contributions not utilized by an employee revert to the City.
22
Genera/ Unit MOU
1999-319
..
E. Cafeteria monies may be redesignated or a change of plans may be made
in accordance with the rules established by the insurance plan selected by the
employee. Plan additions and drops are permitted in accordance with'the rules
established by the plans selected by the employee.
F. An employee may not add another City employee as a dependent or be
added to another City employee's City health plan as a dependent, in order to receive
"double coverage."
G.
Death and
employee.
The City shall provide each employee with $10,000 .life and Accidental
Dismemberment (AD&D) plan insurance coverage at no cost to the
H. Each member of the bargaining unit is eligible to participate in a City-
sponsored program of annual cholesterol checks and dietary counseling.
I. All employees shall participate in the City-sponsored Long-Term-Disability
(LTD) insurance plan. The City will pay one hundred percent (100%) of the LTD
insurance plan premium for employees during the length of this contract, effective with
the slanina of the new contract.
Section 2 - Unifonns, Rain Gear & Safety Equipment
A. The City shall provide uniforms for the following position classifications:
1. Animal Control Division:
Animal Control Officer
Registered Veterinary Technician
Animal Shelter Attendant
Senior Anirnal License Checker
2. Cemetery:
Park Maintenance Worker II
Park Maintenance Worker III
3. Engineering Division:
Traffic Signal Electrician
Maintenance Worker I and II and
Lead Maintenance Workers assigned to Signing & Striping
Electrician I and II assigned to Street Lighting
23
General Unit MOU
1999-319
4. Facilities Manaaernent Division:
Custodian
Electrician II
Electrical & HVAC Mechanic
Maintenance Plurnber II
Parking Control Checker
Storekeeper
5. Parks. Recreation & Community Services:
Maintenance Plumber II
Parks Maintenance Lead Worker
Parks Maintenance Workers I, II & III
Park Projects Coordinator
Landscape Inspector II
6. Police & Fire General Emolovees:
All permanent personnel in the bargaining unit as designated by the
appropriate Chief.
7. Public Services Deoartment/Fleet Division:
All full-time, general unit employees assigned to work on vehicle and
equiprnent will receive uniforms.
8. Public Services Deoartment/Refuse Division:
All full-time, general unit employees assigned to collect solid waste
will receive uniforms.
9. Public Services Deoartment/Street Division:
All full-time, general unit employees assigned to field operations will
receive uniforms.
B. The City shall make appropriate rain gear available for Refuse Operators,
Cemetery personnel, Facilities Management Maintenance personnel, Animal Control
personnel, Parking Control Checkers, Traffic Signal Electricians of the Engineering
Division, field Community Service Representatives in the Police Department and those
personnel in the Street Division and Parks, Recreation & Community Services
Department who may be required to work in inclement weather. At least ten (10) sets of
rain gear shall be maintained and rnade available on loan as needed to employees in
the Fleet and Engineering Divisions.
24
Genera/ Unit MOU
,.
1999-319
C.
uniform.
The City shall provide uniforms to any employee required to wear a
D. The City shall purchase uniform shorts for use as part of the
uniform. Each department will establish auidelines for wearina shorts and
employees will not be allowed to wear shorts when oerformina activities that may
create a safety hazard.
Section 3 - Education Tuition Assistance
A. Puroose: The education tuition assistance program has been established
to encourage the employees of the City to take college courses and special training
courses, which will better enable them to perform their present duties and prepare thern
for increased responsibilities and to provide financial assistance to eligible employees
for education and training.
B. Procedures: Employees will submit copies of their approved applications
to the Human Resources Department according to City pollicies and procedures.
Employees rnust include official verification of their final grades with appropriate receipts
for tuition costs. These will be returned to employees upon request. Applications not
submitted to the Human Resources Department according to City policies following
completion of the course become void.
C. Eliaibilitv:
1. Applications for tuition reimbursement will be considered only frorn
full-tirne, regular employees who have cornpleted probation.
2. Reimbursernent is not authorized for courses for which the
employee is receiving financial assistance from other sources such as the GI Bill,
scholarships and similar sources.
3. Applications will be approved only for courses directly related to the
employee's job or directly related to a promotional position in the employee's job or
directly related to a promotional position in the employee's occupational specialty.
4. Courses not ostensibly related to the employee's job, but which are
required to qualify for a degree that is directly related to his/her job may be reimbursable
only after all required occupationally-related courses have been completed. (For
example, a Fire Engineer is a candidate for an AA degree in Fire Science and has
completed all course work directly related to fire suppression duties. A course in
American history is required for the degree. The history course may qualify for tuition
reimbursernent because the degree is related to the employee's job.)
25
Genera/ Unit MOU
1999-319
5. Approval will be limited to courses given by accredited colleges and
universities, city colleges or adult education courses under the sponsorship of the Board
of Education. No mail-order courses will be approved. Workshops,' seminars,
conferences and similar activities not identifiable as a formal course of instruction within
the recognized educational institution do not fall within the purview of this program, but
may be authorized and funded by the department upon approval of the City
Administrator.
D. Reimbursement:
1. Reimbursement will be for the cost of tuition or registration fees on
the required textbook(s) for each course, subject to the limits found in this article.
Additional expense such as meals and parking fees are not reirnbursable. The Director
of Human Resources will recommend approval or disapproval based on the availability
of budgeted funds for reduction tuition assistance.
2. Costs for required texts are eligible for fifty percent (50%)
reimbursement. The employee may retain the books.
3. Tuition or registration costs of twenty-five dollars ($25) or less are
eligible for one hundred percent (100%) reimbursement. Tuition costs in excess of
twenty-five dollars ($25) are eligible for seventy-five percent (75%) reimbursement.
4. Maximum tuition and book reimbursement per semester is one
hundred twenty-five dollars ($125). Surnmer session shall be counted as a separate
"semester" for purposes of this provision.
5. Employees shall be Iirnited for purposes of tuition reimbursement to
a maxirnum of two (2) collegiate level courses of not more than a total number of units
equivalent to six (6) semester units per semester. One (1) quarter unit shall equal two-
thirds (213) of one (1) semester unit.
6. Prior to receiving reimbursement, employees must submit
documentary proof of their final grades. If objective ratings are not rendered for a
specific course, then a certificate of successful completion must be submitted.
7. When an ernployee is required by his/her Department Head to
attend a particular course or seminar, the expense shall be borne entirely by the
departrnent and outside of this article.
SECTION 4 . Parking Facilities
The City agrees to meet and confer with the Union in the event there are any
future costs imposed upon employees for parking.
26
General Unit MOU
1999-319
SECTION 5 - Employee Assistance Program (EAP)
The City's Employee Assistance and Counseling Program (EAP) is designed to
help employees and their immediate families find direction in solving personal or
emotional problems. All counseling services are completely confidential. The Human
Resources Department maintains a supply of brochures explaining the program more
fully.
ARTICLE V - LEAVES
SECTION 1 - Vacations
A. All employees within the bargaining unit covered by this MOU shall be
entitled to annual paid vacations as follows:
Cornpleted Years of
Continuous Service*
Rate of Accrual
oer oav Period
Equivalent Hours
Per Year
1 year**
5 years
15 years
20 years
3.33 hours
5.0 hours
6.667 hours
8.33 hours
80 hours
120 hours
160 hours
200 hours
*Service year begins on initial date of employment in a full-time, regular
status.
**No vacation granted or accrued, if service is less than one year.
At the time of voluntary and involuntary termination of employment, an
employee shall be entitled to receive compensation for the number of vacation hours,
which have been accrued but not used. In the event said employee has been permitted
to take vacation, which exceeds number of hours actually accrued, a deduction shall be
made from the employee's final cornpensation for the number of hours in excess of the
accrual.
B. The amount of accrual shall not exceed the specified number of hours
granted per year.
C. Employees shall not be permitted to work in their City position in lieu of
taking vacation in order to receive additional compensation.
D. Vacation credits may be accrued and accumulated up to a maximum of
two (2) years total accumulated vacation credits upon approval of the Department Head,
as per the employee's rate of accrual. Vacations or portions thereof from a prior year
27
Genera/ Unit MOU
1999-319
. ,
may be taken consecutively with vacations or portions thereof of a succeeding year,
subject to the approval of the of the Department Head. Except as approved by the
Department Head, no vacation or portion thereof from a prior year' shall run
consecutively with the vacation of a succeeding year; and, a period of three (3) or more
months should normally elapse between the expiration of one year's vacation and the
commencement of the next year's vacation.
Requests to utilize accrued vacation shall be submitted in writing on City
approved forms to the Department Head. Department Heads shall respond to vacation
requests submitted on City approved forms within five (5) work .days. Department
Heads shall not unreasonably delay responses to employee vacation requests. Nothing
in this article shall be construed to prevent a response to the ernployee's request before
the expiration of five (5) work days.
The vacation period to which any employee shall be entitled shall be .
assigned by the Department Head in the calendar year when due, except when the.
Department Head with the approval of the Mayor determines that an emergency or
other valid factors prevent the ernployee from utilizing his/her vacation during the
calendar year when due. Should this occur, the employee's vacation should be
rescheduled at the very earliest rnutually acceptable date.
E. Upon termination, payrnent for earned vacation or deduction for unearned
vacation shall be made on the basis of the hourly rate of pay being received by the
employee on the date of termination.
F. Whenever the terms "year" or "years of employment" appear herein, they
shall be deerned to include all services for the City, San Bernardino City Board of Water
Commissioners and the San Bernardino Free Public Library Board.
G. The employee shall not lose any vacation time off due to action by the
City.
H. Vacation credits may be taken off in increments according to Department
Work Rules with prior Department Head approval.
I. When an employee returns to work after a break in continuous service,
and when such break in continuous service shall have been by leave of absence with
the approval of the Mayor and Cornrnon Council, vacation time shall not accrue during
such break in continuous service, but shall accrue monthly frorn the date of return to
service frorn such approved leave of absence, based upon the total length of service of
the employee.
28
Genera/ Unit MOU
,
1999-319
SECTION 2 - Holidays
A. City Designated Holidays: Employees shall be entitled to twelve'(12) City-
designated holidays, the equivalent of ninety-six 96 holiday hours each year. Effective
February 2000. President's Dav will be added to the list of City desianated
holidavs. The following days will be holidays for the purpose of this MOU:
New Year's Day
Martin Luther King, Jr. Day
President's Dav
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus sixteen (16) hours of Holiday Account time, per year (see subsection
B).
All full-time employees within the bargaining unit, with the exception of
those employees shown in the following paragraphs, shall be allowed the above
holidays at full pay when such holidays occur within the regularly assigned working
periods, provided they are in a paid status during any portion of the working day
immediately preceding or succeeding the holiday. If it becornes necessary for an
employee to work on any of the above-rnentioned holidays, except as provided herein,
he/she shall receive pay at the regular rate and shall be allowed another day off at full
pay as approved by the Department Head.
B. Holidav Account: Effective each January 1 st, unit employees will receive
sixteen (16) hours in their Holiday Account (formerly known as Floating Holidays).
Employees may have rnore than sixteen (16) hours accrued in their holiday account, but
may only carry over a total of sixteen (16) hours holiday time to the next calendar year.
Any holiday account hours over sixteen (16) hours on December 31st of each year, will
be lost hours.
If a holiday falls on a nine- (9) or ten- (10) hour workday, the employee will
be paid eight (8) hours holiday pay. The employee may supplernent the holiday with
accrued vacation holiday account tirne, or no pay.
Each Department Head shall consider employees' requests for scheduling
the sixteen (16) holiday account hours per calendar year, provided however, the final
29
Genera/ Unit MOU
1999-319
right to allot the hours to be observed is reserved exclusively to the Department Head.
The Department Head will not unreasonably withhold permission to take time off.
I
On City-designated holidays, new employees with less than six (6) months
of continuous service with the City will receive eight (8) hours of holiday pay and will be
able to "draw down" one (1) or two (2) hours from their holiday account, depending
upon whether they are working a 9/80 or a 4/10 schedule. They may also elect to take
one (1) or two (2) hours of no pay.
If new employees elect to "draw down" from the holiday account, the
hours used will be deducted from the sixteen (16) holiday account hours they receive
upon the completion of six (6) months of continuous service.
In the event of the employee's failure for any reason to take such holiday
account hours during the term of this MOU, the employee shall be paid for his/her
holiday account balance upon separation from the City.
C. Other Provisions: Employees who, due to scheduling, must work on a
recognized City holiday will be compensated on the basis of the number of hours
worked on said holiday, excluding lunch/dinner break. The hours accruing to the
employee's holiday account for that day shall not exceed eight (8) hours.
If a holiday occurs on a normal day off for an employee, the employee
shall receive no additional pay.
The decision as to whether in-lieu of time off or pay is to be received shall
be based on the availability of funds and needs of the department, as determined by the
Department Head. If in-lieu of time off is directed by the Department Head, it may be
added to the regular annual vacation period, but must be taken within one (1) year of
the date in-lieu time was earned. Employees of the Public Services, Refuse Division,
except clerical employees and certain designated employees of the City Fleet Division
needed to support the Public Services, Refuse Division operations, shall enjoy all the
holidays listed above as they occur, except for Veteran's Day, November 11; the Friday
after Thanksgiving Day and, the holidays observed the day before Christmas and the
day before New Year's Day. Said employees shall receive an additional day's pay for
each such holiday on which they are required to work. If such holidays occur on a
normal day off for said employees, they shall receive no additional pay.
Holidays listed above shall be allowed on a Monday, if any such holiday
falls on Sunday, and shall be allowed on the preceding Friday, if such holiday falls on a
Saturday for all employees, except those covered by other provisions herein. If the
Christmas and New Year holidays occur on Mondays, these holidays and the holiday
eves will be observed on Mondays and Tuesdays.
At the beginning of each calendar year, the City will determine how many
of the above holidays fall on a regularly scheduled day off. An employee working on a
30
Genera/ Unit MOU
1999-319
9/80 or 4/0 schedule will accrue the equivalent number of hours of holiday time (holiday
account) with one (1) holiday equivalent to eight (8) hours. Holidays eamed in any
twelve- (12) month period may not be accumulated beyond that total number 6f holidays
allowed each year by the MOU
SECTION 3 - Sick Leave
A. Definition: Sick leave means the absence from duty of an employee
because of illness or injury, exposure to contagious disease or attendance upon a
member of his/her immediate farnily who is seriously ill and requires the care of or
attendance of any employee. Imrnediate family means: husband; wife; grandmother;
grandfather; mother; father; sister; brother; son; daughter; uncle; aunt; mother-in-law;
father-in-law; stepparents; stepchildren; grandchildren; and, step-grandchildren.
Sick Leave Usaae for Familv Members: Not more than forty (40) hours of
sick leave within any calendar year may be granted to an employee for the care of or
attendance upon members of hislher immediate family, as defined above.
Not more than forty (40) hours of sick leave within any calendar year may
be approved for an employee for each absence for purposes of attending the funeral of
a mernber of the employees' irnrnediate family. The City may require an employee to
subrnit evidence of eligibility to use sick leave for purposes of attending the funeral of a
member of the employee's imrnediate family.
Sick Leave Usaae for Emolovees: Upon the department's request, an
employee must provide a physician's statement to justify a sick leave of forty (40)
consecutive hours or longer. If the Department Head finds with just cause that sick
leave is being abused, the employee may be required to submit a doctor's staternent.
No absence due to illness or injury in excess of forty (40) hours shall be
approved, except after the presentation of satisfactory evidence of illness or injury. A
certificate from a practicing physician or an authorized practicing chiropractor may be
required by the Department or Division Head, and shall be subject to his/her approval
concerning such absence. The Mayor and Common Council shall have the power to
require that any person claiming the sick leave benefits of this MOU be examined at any
reasonable time or intervals by a designated physician, and in the event of an adverse
report, to reject such claim for sick leave, in whole or in part and to terminate sick leave
compensation. In the event of the refusal of any person to submit to such examination
after notification, the Mayor and Common Council may terminate sick leave
compensation and reject any claim therefor. The Mayor or Common Council shall have
the right to require the presentation of a certificate from a practicing physician or a
designated physician stating that an employee is physically or psychologically able to
perform his/her work and duties satisfactorily before permitting an employee who has
been on sick leave to retum to work.
31
General Unit MOU
1999-319
In order to receive cornpensation while absent on sick leave, employees
shall notify their immediate supervisor or designee prior to or within thirty (30) minutes
of the time set for beginning their daily duties, or as may be specified in
Department/Division work rules.
Sick leave with pay shall be granted to all regular employees and to all
temporary full-time employees whose positions are funded under federal law who are
regularly employed in permanent or federally-funded positions, if such benefit is
required by said federal law. Sick leave shall not be considered as a right which
employees may use at their discretion, but shall be allowed only in case of necessity
and actual personal sickness or disability, except as otherwise provided herein.
Whenever an employee is compensated hereunder for sick leave or injury
and has not had a vacation at the end of the current calendar year, the employee must
take vacation not utilized due to illness or injury during the next calendar year.
B. All full-time, regular ernployees who have completed the first six (6)
calendar months of continuous service with the City shall be granted a sick leave
accumulation of forty-eight (48) hours. After six (6) months or more of continuous
service, employees who are compelled to be absent from work on account of illness or
injury other than that which is compensable under Article V, Section 5, shall be
compensated for sick leave, provided that such compensation shall cease upon the
exhaustion of all accumulated sick leave. Employees shall not accumulate sick leave
while compensated under the provisions of Article V, Section 5.
Time off with pay for sick leave shall be considered as time worked for
purposes of the accrual of sick leave only. Sick leave usage shall not be decreased by
the fact that any legal holiday occurs during the time off on account of illness. The
words "legal holiday" shall have the rneaning ascribed to them in Article V, Section 2.
Sick leave shall not accumulate during periods of leave of absence without pay.
In the event an ernployee works less than fifty percent (50%) of the total
normal work hours in the pay period, he/she shall accrue no sick leave for such pay
period and shall not be credited with the four (4.0) hours sick leave. Sick leave may be
accumulated without limit.
Approved vacation, sick leave, holiday or compensatory time off shall be
considered as time worked for the purpose of computing sick leave benefits only.
Whenever the employee uses all allowable sick leave, further absences
may be charged against accrued vacation upon approval of the Department Head. If all
allowable sick leave has been used and use of accrued vacation is disapproved, the
employee will take loss of pay for the time not covered by allowable sick leave.
32
General Unit MOU
1999-319
SECTION 4 - Payment of Sick Leave
The City shall pay employees for unused sick leave upon retirement or to the
estate/beneficiary of any such employee who dies during employment. Payment for
50% of each accumulated, unused sick leave shall be made, provided that in no event
shall such compensation exceed 480 hours of such leave.
A. Other Separation in Good Standina: The City and Union aaree to
continue to meet and confer on payment of sick leave at seoaration no later than
January 2000.
B. Sick Leave Sell Back: Effective January 1. 2001. emplovees with
perfect attendance in the previous calendar vear will be allowed to cash out uo to
five (5) davs (40 hours) of sick leave oer year. providina the employee has at least
160 hours in their leave account after the sell back to be eliQible.
SECTION 5 - Catastrophic Leave
Upon request of an employee who is experiencing catastrophic illness, and upon
approval of the City Administrator and/or Department Head, leave credits (vacation or
floating holidays) may be transferred from one or more employees to the affected
employee under the following conditions:
A. Sick leave accruals cannot be transferred among employees.
B. The employee with a catastrophic illness or injury has exhausted all other
leave accruals and has completed at least one (1) year of continuous service with the
City.
C. The donation must be in four- (4) hour increments of vacation,
compensatory time or floating holidays by employees who have completed at least one
(1) year of continuous service with the City.
D. Employees may not donate leave they would otherwise forfeit. For
example, employees who are separating from City employment may donate leave only
up to the amount of the payment they would receive upon separation.
E. Donations shall be on a form developed by the Human Resources
Department Head, signed by the donating employee, approved by the Department
Head and verified by the Finance Department. Procedures shall be as approved by the
City Administrator.
33
General Unit MOU
1999-319
F. An appeal will be considered on a separate basis, if denied.
SECTION 6 - Injury Leave
Effective with the first day of necessary absence for industrial accident or illness
leave, eligible employees will be approved to receive Workers' Compensation benefits.
Each ernployee shall be authorized upon his/her written request to utilize the balance of
his/her accurnulated sick leave, vacation, holiday account and compensatory time credit
to augrnent the amount of temporary disability he/she receives, to the extent the total
sum received will result in payment equal to his/her normal compensation. The
utilization of sick leave for this purpose shall end with the termination of the temporary
disability or when the accumulated sick leave credits have been exhausted, whichever
occu rs first.
When ernployees sustain what they believe to be an industrial injury or illness,
they shall request an "Employee Clairn for Workers' Compensation Benefits" form frorn
the supervisor. The supervisor is required to give the employees this form within one
(1) working day of the City being notified of the injury. The supervisor will log date and
time employees were given form on Supervisor's Report of Injury. Employee must
return Employees' Claim form to supervisor to begin the process of filing an industrial
injury. In the event the employee is unable to prepare the form due to hospitalization,
serious illness or injury, the supervisor or a member of the department/division staff
shall prepare the required report.
The City shall have the right to require the employee to be examined by a
physician designated by the City to assist in determining the length of time during which
the employee will be unable to perform the assigned duties, and if the disability is
attributable to the injury involved.
Should there be a dispute between the physician selected by the City and the
physician selected by the employee, a third physician shall be rnutually agreed upon
between the employee and the City to examine the employee to assist in making
necessary rnedical determinations.
If an employee is receiving disability payments, he/she shall be entitled to use
only as much sick leave or vacation as, when added to the disability payments, will
provide for a full day's pay.
SECTION 7 - Leave of Absence Without Pay
Leave of absence without pay is a temporary, non-pay status and absence from
duty granted at the request of the employee. Leave of absence without pay may be
granted by the City Administrator for a period not to exceed six (6) months, upon the
positive recomrnendation of the Department Head. Under justifiable conditions, said
34
General Unit MOU
1999-319
leave may be extended by the City Administrator for additional periods. Leave of
absence without pay will be considered favorably, if it is expected that the employee will
retum to duty and that at least one of the following benefits will result: indeased job
ability, protection or improvement of the employee's health, retention of a desirable
employee or furtherance of a program of interest to the City. Examples of or conditions
for which a leave of absence without pay may be granted are:
A. For an employee who is a disabled veteran requiring medical treatment;
B. For an employee who is temporarily mentally or physically unable to
perform his/her duties;
C. For an employee who files for or assumes elected office;
E. For maternity or paternity leave, upon the recornmendation of the a
physician;
E. For military leave when the employee has less than one (1) year service to
qualify for leave with pay;
F. For Union activities, upon designation by the Union.
An approved leave of absence without pay for sixty (60) days or less in any
calendar year will not be considered a break in service. Leave in excess of sixty (60)
days shall result in the advancement of the employee's anniversary date and
compensation advancement date to such date as will account for the total period of
uncompensated time off. Failure to return to duty at the expiration of the approved
leave of absence without pay shall constitute an abandonment of the position pursuant
to Rule 507 of the Rules of the Civil Service Board and shall be prosecuted consistently
therewith.
The City's contribution towards an employee's health and life insurance premium
will not be extended beyond the last day of the month in which a leave of absence
without pay begins, if the leave of absence without pay becomes effective during the
first fifteen (15) days of the month, nor beyond the last day of the next succeeding
month, if the leave of absence without pay becomes effective after the fifteenth day of
the month, unless the employee returns to work from leave of absence without pay
status prior to the date the City's contribution would be accumulated. In the event the
employee desires to maintain full health and life insurance coverage while on leave of
absence without pay status, he/she may arrange to pay the insurance premiums for the
coverage desired (both the employee and employer portions). It is the responsibility of
the employee to contact the City's payroll section in this regard. The payment of the
amount of the premiums must be made to the City's payroll section prior to the date on
which the City's participation will terminate. Payments must be made monthly thereafter
uf'ltil the employee either returns to work or his/her employment with the City is
terminated.
35
General Unit MOU
1999-319
Upon an employee's return to work, the City's contribution towards the
employee's health and life insurance premiums will begin on the first day of the month
following the end of the leave of absence without pay. if that leave of absenCe without
pay terminated between the first and the fifteenth day of the month, or on the first day of
the next succeeding month, if the leave of absence without pay terminates after the
fifteenth day of the month.
Notwithstanding any other provision of this section to the contrary, the City will
continue its contribution for health and life insurance premiums of an employee on leave
of absence due to any injury or illness arising out of and in the course of his/her
employment with the City.
In circumstances in which either the Federal Family Leave Act or the State
Medical and Farnily Leave Act apply, the City shall adhere to the requirements of the
Acts.
SECTION 8 - Witness Leave
Employees shall only be entitled to a leave of absence when subpoenaed to
testify as a witness in civil litigation involving the City, such subpoena being properly
issued by a court, agency or comrnission legally empowered to subpoena witnesses.
This benefit shall not apply in any case in which the subpoenaed employee is a party to
the action. Witness leave shall not be charged against any accumulated leave balances
and shall be compensated at the ernployee's base hourly rate. Employees shall only be
entitled to paid witness leave if they provide a copy of the subpoena to the City within
twenty-four (24) hours of receipt.
SECTION 9 - Blood Donations
Unit rnembers who donate blood in the interest of the City without receiving
compensation for such donation rnay have the required time off with pay with prior
approval of the immediate supervisor for each such donation. This benefit shall not be
changed to any accumulated leave; provided however, if the employee is unable to
work after such donation, time may be charged to accumulated sick leave or be taken
as leave without pay. Evidence of each donation must be presented to the appointing
authority to receive this benefIt.
SECTION 10 - Election Leave
Employees may request time off to vote in accordance with Resolution No. 89-
38, as may be amended. This is attached as an exhibit to the MOU.
36
Genera/ Unit MOU
1999-319
SECTION 11 - Military Leave
Unit members on leave for military duty will be compensated pursuant'to Military
and Veterans Code Sections 395, et seq. The specific compensation and
reemployment rights of individual employees shall be determined based upon the
applicable requirements and Veterans Code, copies of which may be obtained through
the Department of Personnel. All military service shall be counted as City service when
calculating whether the employee has twelve (12) months of service with the City.
Replacements for unit mernbers on military leave will be hired with regular (rather
than temporary) position status. However, they will be subject to layoff when unit
employees on leave return.
- SECTION 12 - Union President Leave
The City of San Bernardino and the San Bernardino City Employees' Association
(SBCEA) agree that the duly elected president of SBCEA shall be released from duty
when on occasion, out of the necessity of the office, it is necessary for the president of
the Association to be in attendance at union-related functions and occasions. Release
shall be for a maximum of forty (40) hours per fiscal year, beainnlna July 1. 1999.
Time off utilized by the president shall not interfere with the employee's regular
City position. Time off for these purposes shall be approved in advance by the
Department Head or his/her designee.
.
In the event there is a dispute arising out of the amount of time used by the
president, the City Administrator or their designated representative and a union
representative will meet as soon as possible in an attempt to resolve the dispute.
SECTION 13. Jury Duty
Every general permanent employee of the City of San Bernardino and every
employee whose position is funded under federal law or is employed in a federally
funded position, if such benefit is required by said federal law, are covered by this
section.
Employees shall provide prior notice to their supervisors regarding jury service.
In cases where the completion on any day of such jury service does not exceed a
period of four (4) hours duration of the employee's assigned work shift, it shall be the
responsibility of the employee to return to work within a reasonable time after his/her
release or discharge from such jury service on that day. However, where such
employee is required to continue in jury service for a period in excess of four (4) hours
duration on any such regularty scheduled working day, said ernployee shall not be
required to work on that same day of his/her release or discharge from jury duty. If the
37
Genera/ Unit MOU
1---
1999-319
start of the employee's shift is two (2) hours or more prior to the commencement of jury
duty, the employee shall be required to report to work. This is subject to adjustment
based on the location of jury service. f
Under such circumstances of compensable jury service, every general
permanent employee or every federally funded general employee as aforesaid, shall be
paid their regular pay less jury duty fees while serving on jury duty provided a copy of all
jury fees paid to the individual employee, less automobile expenses allowed, are
submitted to the City Finance Department.
Employees shall notify their superiors of any call for jury service promptly upon
receipt of notice thereof, and of any absence from duties due to such jury service in
order that a replacement or substitute may perform their duties. When an employee
fails to promptly report the receipt of all call to jury service, when so required or fails to
promptly notify their superiors regarding the absence for jury service, said employee
shall be considered as absent without leave and no salary compensation shall be paid.
In the event, during the course of any jury service, an employee is ordered by a
judge or other officially recognized judicial body into a state of sequester, the employee
shall be paid the regular wage during such time of sequester without supplement from
any accrued bank of time.
Any employee who is surnmoned to Grand Jury Service shall be entitled to all
benefits, restrictions and requirernents of this section.
ARTICLE VI - WORKING CONDITIONS
SECTION 1 . Work Periods
A. City Work Schedules: City work schedules shall be as herein defined,
except as otherwise provided for:
1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a
forty- (40) hour work week consisting of five (5), eight (8) hour work days, exclusive of
any rneal periods assigned by management.
2. 9/80 Work Schedule: The 9/80 work schedule shall consist of
eighty (80) work hours in a two (2) week period, consisting of eight (8), nine (9) hour
work days and one (1), eight (8) hour work day, exclusive of any meal periods assigned
by rnanagement.
3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a
forty- (40) hour work week consisting of four (4), ten (10) hour work days, exclusive of
any meal periods assigned by management.
38
Genera/ Unit MOU
1999-319
Work schedules shall be posted on all department bulletin boards showing the
employees' shift, work days and where known, hours.
B. Work Schedule Adiustments: It is understood and agreed that
Department Heads shall establish such work schedules as may be necessary for the
efficient and economical provision of services for the public, and to make such
adjustment in work shifts as are from time to time required. The City shall give the
employees and the Union two (2) weeks' notice of any proposed changes in scheduled
work shifts prior to implementation. If the Union wishes to consult with management
regarding the proposed changes, it shall notify the City within seven (7) calendar days
frorn receipt of notice. Upon notification by the Union, both parties shall meet within ten
(10) calendar days in an earnest effort to reach a mutually satisfactory resolution of any
problems arising as a result of the proposed changes. Work schedule changes
resulting from an emergency situation or circumstances, which disrupt normal City
operations as determined by the Department Head are not bound by the two- (2) week
notice requirement.
If a Iight-duty assignment for an employee will result in a shift change, e.g., from
day shift to graveyard shift, the City shall give the employee and the Union two (2)
weeks' notice of any proposed shift changes prior to implementation. The procedures
described in the first paragraph of Section B above shall apply.
A. This section does not include minor adjustments in the starting and ending
tirnes of ernployee shifts
B. During the two-week notification period, the employee continues on
current status/schedule.
SECTION 2 - Physical Examinations
The City shall pay medical fees for the physical examination of any unit member
within the unit of representation. when such examination is required and directed by the
City after employment. The City rnay arrange with a physician or medical group for
such exarnination, or if the situation warrants, the City may authorize an employee to be
exarnined by a doctor of his/her choice. In the event an employee is authorized to be
examined by a doctor of his/her choice, reimbursement shall be made by the City for the
cost thereof, provided, however, that the amount of reimbursement shall not exceed the
cost the City would have paid its contract physician or medical group.
SECTION 3 - Probationary Period
All new or newly promoted employees must serve a one (1) vear probationary
period.
39
General Unit MOU
1999-319
SECTION 4 - Seniority
Department Heads will consider seniority in authorizing vacations, {;cheduling
shift assignments and transfers. Seniority shall prevail when all other factors are not
significantly different. "All other factors" is defined as special qualifications, skills, work
performance, as well as attendance and safety. An employee shall not attain seniority
until the completion of a probationary period, upon which time the seniority date shall be
from the last date of hire within the department, division or section. In the event of
layoffs, due to lack of work or funds that the department deems it necessary to reduce
the working force, the last employee hired within the classification so reduced shall be
the first laid off unless he/she possesses special qualifications or whose loss of skills
would adversely affect the public welfare or has superior work performance that can be
docurnented.
Emergency, temporary and provisional employees shall be laid off in that order
prior to the layoff of permanent ernployees in the same class. In a department where
there is more than one class having equal rates of compensation, any probationary or
regular employee subject to layoff under this rule shall, in lieu thereof, be allowed a
transfer to a position in one of the other classes of equal compensation for which he/she
possesses the minimum requirement of knowledge, skill and experience provided that
the ernployee subject to layoff has longer service in his/her class. Any regular
employee subject to layoff under this rule shall, in lieu thereof, be allowed a demotion to
the next lower class of his/her department in which the employee subject to layoff
possesses the minimum requirements of knowledge, skill and experience and shall
becorne the senior employee of that class for the purposes of this rule. Any employee
laid off or demoted to a lower class or transferred to an equal class under this section
shall have the right for two (2) years to be reemployed, transferred or promoted to their
former class or any lower class upon the first vacancy occurring in any such class in the
department provided he or she possesses the minimum requirements of knowledge,
skill and experience for such vacancy and such rights shall take precedence over the
regular employee or promotion lists. An employee so reinstated from the reemployment
preferred register shall regain tenure-seniority for prior service. Notice of reduction in
force shall be presented to the Union and the affected employees. Such notice shall be
in writing by the Human Resources Department. An employee shall be given at least
thirty (30) days' notice prior to layoff.
SECTION 5 - Reasonable Suspicion Drug and Alcohol Testing
In addition to employees already covered under the Department of
Transportation (DOT) drug and alcohol testing, all General Unit employees will
participate in reasonable suspicion drug and alcohol testing, following the reasonable
suspicion Drug/Alcohol Testing Procedure described in the City of San Bemardino's
Policy on Drug and Alcohol Testing of Employees with Commercial Driver's Licenses.
(Exhibit 4)
40
General Unit MOU
1999-319
If a supervisor has a reasonable suspicion that an employee has been abusing
drugs or alcohol, that supervisor will take one of the steps listed below prior to referring
an employee for a test, and will document his/her observations on a reasonable
suspicion checklist:
A. Seek the concurrence of another supervisor if a second supervisor is in
the imrnediate vicinity; or,
B. Notify his/her Department Director, Assistant Director or immediate
supervisor if a second supervisor is not in the vicinity.
The conduct of the employee must be witnessed by a supervisor who has
received training consisting of at least six (6) hours on identification of actions,
appearance or conduct which are indicative of the use of drugs or alcohol. A supervisor
must directly observe and document the behavior. Reasonable suspicion may not be
based on hearsay
Training will be provided by police officers possessing a Drug Recognition Expert
(DRE) certification issued by the National Highway of Traffic Safety Administration
(NHTSA). Training will be provided to all current Middle Management Unit supervisors
following ratification of this MOU. The training will be videotaped for the purpose of
training newly appointed supervisors and serve as refresher training for all supervisors,
as needed. Follow-up training classes will be provided to newly appointed supervisors
in a group session when that number reaches five (5) or more.
In addition to training supervisors, the City will offer an overview to full-time
regular employees in the detection of drug and alcohol use.
ARTICLE VII - GENERAL PROVISIONS
SECTION 1- Waiver Clause
The parties acknowledge that during the meet and confer process which resulted
in this MOU, each had the unlirnited right and opportunity to make demands and
proposals with respect to any subject or matter not removed by law, City Charter,
ordnance, resolution, personnel and departmental rules and regulations, from the scope
of negotiable issues and that the understandings arrived at by the parties after the
exercise of that right and opportunity are set forth herein. Therefore, the City and the
Union, for the life of this MOU, each voluntarily and unqualifiedly waives the right to
meet and confer and each agrees that the other shall not be obligated to meet and
confer with respect to any subject or matter referred to or covered in this MOU or with
respect to any subject or matter not specifically referred to or covered in this MOU, even
though such subject or matter rnay not have been within the knowledge or
conternplation of either or both of the parties at the time they negotiated or signed this
MOU.
41
General Unit MOU
1999-319
SECTION 2 - Severability
It is understood and agreed that this MOU is subject to all current and future
applicable federal and state laws and regulations and the current provisions of the
charter, ordinances, resolutions and of the rules and regulations of the City. If any part
or provision of this MOU is in conflict or inconsistent with such applicable provisions of
those federal, state or city enactments, or it is otherwise held to be invalid or
unenforceable by any court or cornpetent jurisdiction, such part or provision shall be
superceded by such applicable law or regulations, and the remainder of this MOU shall
not be affected thereby. The parties hereto agree to refrain frorn .initiating any action
that would invalidate any part of the MOU.
SECTION 3 - Printing of Memorandum of Understanding
The City shall pay one-half (112) of the cost of printing the MOU. The City shall
distribute the MOU to the bargaining unit and new employees. The City will provide an
initialed/signed distribution list of employees to the Union after distribution of the MOU.
SECTION 4 - Term of Memorandum of Understanding
The term of this MOU extends through June 30, 2001. If negotiations regarding
an MOU are in progress at the time the current MOU expires or if the parties are at
impasse, the current MOU shall remain in effect until a successor MOU is adopted by
the Mayor and Common Council.
SECTION 5 - Notice of Intent to Reopen
The parties agree that, if either party desires to propose changes in the terms or
conditions of this MOU for the period following expiration of this MOU, notice shall be
given to the other not later than the last working day of February in the last year of the
contract, that such discussions are desired. Such notice shall request a meeting to
begin negotiations and establish ground rules which shall include, at a minimum, the
date beyond which no further proposals may be submitted by either party.
42
General Unit MOU
1999-319
. .
GENERAL UNIT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
1999.2001
Executed this c/ P /h- day of ~~999.
L~
./
Susan Lien
Mayor Pro Tem
~~
9~ -j/a..(k-
~\JVJ ~ '1UJt~
~1~
ATTEST:
~);.~
,____0~~4J7 /1*7
Approved as to form
And legal content:
43
General Unit MOU
1999-319
. .
INDEX
Title
Pace
Agency Personnel Rules.... .......... ................................ ................................................ 5
Bilingual Pay .............................. ........ ............. .............. ........ ..... ................................. 22
Blood Donations............... ............ ................. ................ ........ ..... ................................. 36
Budget Docurnents ...................................................................................................... 15
Bulletin Boards............................ ...... ......... ............................... ................................... 14
Call-Back/Standby Assignment & Pay......................................................................... 18
Catastrophic Leave..... ... .... ....... .............. .... ............ ... ..... '" ....... ............. ....... ... ...... ...... 33
Classification Appeal .................................................................................................. 18
Contract Services ...... ... ... .................................... ..................................... ................... 5
Definition of T erms......-................................................................................................. 3
Education Tuition Assistance ....................... ..... ............. ... ............................. ........ ...... 25
Election Leave ... ......... ....... ......... ........................ .................. ............. .............. ... ......... 36
Employee Assistance Program (EAP) ......................................................................... 27
Employee Lists ............................................................................................................ 12
Employee Orientation .................................................................................................. 15
Employee Rights.. ......... ........ ....... ............ ............... .............. ..., ............. ....... ............... 4
Fines..... ... ... ......... ......... ... .......... .................... ......... ........... ..... ...................... ..... .......... 22
Grievance Procedure ... .... .... ...... ............................... ........................... ... ............. ........ 9
HealthlLife Insurance ........................................ ....... .................. .................. ..... ........ ... 22
Higher Acting Classification Pay.................................................................................. 17
Holidays.. ... ..... ..... ..................... ................................. ......... ........ ............................. .... 29
Injury Leave .... ..... ...... ... ... ..... .... .................. ... .... ........ ......................... ..... ........ ... ..... .... 34
Jury Duty ..... ........ ........ .... .......... .................... ......... ...... ...... ..................... ... ........ ......... 37
Labor-Management Committee ................................................................................... 6
Leave of Absence Without Pay.................................................................................... 34
Mailbox. ......... .... ... .... ...... ..................................... ... ...... ............ ............. ....... ..... .......... 15
Management Rights.... ... ................................... ..... ... ............................. ..... ....... .......... 4
Military Leave.. .... ... ..... ............ ...................... ...... ................................. ..... ... ... ..... ........ 36
New Employee Information.......................................................................................... 15
No Strike.... .......... ...... ...... ............ ....... ................................ ......................................... 8
Non-Discrimination... ....... ..... ..... ......... ...... ..... ............................ .................................. 13
Notice of Intent to reopen ............................................................................................ 42
Overtime....................................... ................................ ............................................... 16
Parking Facilities.................. ......... ................. ................ .............................................. 26
Payment for Unused Sick Leave.................................................................................. 33
Payroll Deduction for Union Dues................................................................................ 8
PERS ........................... ..... .......... ...... ............ ........................ .............................. ......... 16
Personal Tool Replacement Allowance ....................................................................... 21
Personnel Files ............................................................................................................ 13
Physical Exarninations........ .......... .................. ............................................... ........ ...... 39
Printing of Mernorandum of Understanding ................................................................ 42
1999-319
, .
Title
Pace
Probationary Period ..........................................................................................:......... 39
Reasonable Suspicion Drug and Alcohol Testing ........................................................ 40
Reclassification ..... ........ ..... ... ........ ..... .... ... ........................ ... ....... ...................... .... .... ... 23
RecognitionlUnion Security........... .............................................. ................................. 8
Safety Committee. ........ ........ ..... ... ................ .................... .......... ................. ... ..... .... .... 6
Salaries.... ........ ....... ........ ......... ........... ................. ............... ....................... ....... ........... 15
Seniority ... ........... ............ ............ ... ........... ........... ..... ........ ................................ ... ........ 40
Severability. ............ ...... ................. ............. ....... ....... .... .............. ......................... ........ 42
Shift Differential.......... .... ...... ................................ .......... ....... ..... ...................... ... .... .... 20
Sick Leave .. ..... ... .................. ........................................ ....... ........................................ 31
Skelly Rights..~............................................................................... .............................. 12
Term of Memorandum of Understanding ..................................................................... 42
Time Off For Employee Representatives ..................................................................... 7
Uniforms, Rain Gear & Safety Equipmenl................................................................... 23
Union President Leave................................................................................................. 37
Union Representation ................................ ..................... ....... ........................ .............. 11
Vacations ............ ....................................... .......... ......... ............................................... 27
Waiver Clause ............................................................................................................. 41
Witness Leave .................. ................... ........................... ... .... ...... .... .................... ......... 36
Work Periods ................................................. ....... ......... ...... ...: ... ......... ........................ 38
. .'
1999-319
EXHIBIT 3
RESOLUTION NO. 89-38
1
2 RESOLUTION OF THE
ESTABLISHING THE PRIVILEGES
3 CONDUCT OF ELECTIONS CODE.
4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
CITY OF SAN BERNAJUlINO
OF VOTERS AS SET FORTH IN THE
5
6
SECTION 1. BlaDlov..s' ti.. ott to vote
It a voter does not have sutticient time'outside ot
i
working hours to vote at a City, statewide or national
8
elect:ion, . the voter _y,
9 .. ".. ...:;,.;.:" .i~, . .,;:..;. _. " ." ... .,"';' .. . .
enough lIOrJdDq tiH' Vbl~' vii... aCMed to
10
without 1088 or Pay, tab air '..
. . '.~'.'
., .
~ .'. .. ..~'''':;'.'i.'_4:i'{ . ~
~e votinq' tlL'"
available outside or working hours will
enable ~e voter
11
12
to vote.
If ~e 81Iployee on ~e
third working day prior to
~e day or election, knows or has reason to bel.ieve that.
20
time ofr will be necessary to be able to vote on elect:ion
. > .
21
22
23
24
25
26
27
28
day, the employee shall give the supervisor at least two
working days written notice that time off for voting is
desired.
SECTION 2. BmDlovers' notice: Dostina
Not less than 10 days before every city, statewide
national election, the City shall keep
or
posted
conspicuously at the place of work, if practicable, or
.'
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
1999-319
el.ewhere where it can be seen as the employees come or
qo to their places of work, a notice settinq fort4 the
provisions of Section 1 above.
I IIBRBBY CERTIPY that the foreqoinq resolution was
dul.y adopted by the llayor and Ccmaon COuncil of the City
of San Bernardino at a regular
aeetinq thereof, held
, 1989 by the followinq
on the 20th
day of
February
vote, to wit:
...~-. :
AYE: Council ~ ~-."~r.da. Ile1llv. Plor_. Maudal.y. 1UD0r. Mill.r
HAYS: Rone
ABSENT: Council ~ "-or Pooe-Ludlam
,~~.
this
The foregoing resol1,ltion is hereby approved
day o.f F.b......... , 1989.
Approved _ to fora
and leqa1 content:
7.~
y Attorney
1999 319
EXHIBIT 4
City of San &f7Ulrrlino - Drug and Alcohol Testing Policy
Page 8
REASONABLE SUSPICION
The City sball require an employee to be tcstrJd, upon reasonable suspicion, for the use of drup
or alc:obol.
An employee sba11 submit to ~.., upon reasonable suspicion, for the use of drugs or alcohol
when requested to do so by their superviJor.
The conduct must be wi"'u~ by It least one supervisor. The witness or wi~ must boe
RCeiwcl trs;n"'a in the lMntifW...... of ~s, appearance or cooduct of an emp10yee wbich
are ;..m....tiw of the use of drup or alcohol.
Tbe ........_tVwI of the ~'s conduct sbaIl be p.'P"ec1 aDd ~ by the wilDess(a).
and die .....bu..ut or diviIioa beed II()Ilfied, .1fJ';-n.. die tJI__ d.Bebavior - p.......lahM
Suspicioo Record Form, <lee "I~. within 24 hours of die observed behavior or befote die
results of die lest are r-'--', whicbever is earlier.
.'_........hle ('JO"r1SuspicioD' -.. tbat die empIoyer/superviaor believes that the actionI.
appea.a..o.,. 1(*(11, body odan or oon"uc:t of an on-cluty "",,\01.,,. am ;~ of the use of
drop, alcohol or otber CllIItIOIIed ~ Tbe 1l.!A- H(a) must ctiIectly observe die .
behavior_ Beata! or 1el'..d-b88d iaformaIion is not !IItf1L.lA.d ClIIIIe to require an .,........".J-
to submit to a drug leSt. Tbe ,f' 1 ...i....fioq tbat a ,-.......... ....~ exists to kof.uh.. an .:
employee to UDdcqo an a1oohol test must be based OIl r&. objective. COIlk:l1.pot"......._.
artiMd....1,e facts coacemiDg the beIIavior, appearance, speech 01' body odors of the employee.
It must be based upon obserYaIioas of die supervisor IftlItri.. die cIdeA...iftSltion, and may not be
based upon bemay. Tbe supervisor(s) llime -'''I the impairment must document the ~&
observaIicm upon which tbe ~""""1e suspicion is based.
Alcobol testing may be .....1\.lDed oaly if die obIerYations upon wbidt ml--hle S1J~ are
based are made during, just prec~.. or just after the period of die work day that the employee
is required to be in compliance. An employee may be dinlcIed to UDdergo a reasonable
suspicion alcohol test just before, during or just after performing safety-sensitive functions.
If an alcohol test is not administered within two ('2) hours following a n:asonable suspicion
determination, the supervisor sballlfnM""ent the reasons for the delay. If an alcohol test is not
adminictPred within eight (8) hours, the test sbal1 not be atImini~, and the supervisor sb8Jl
dnM.~t the mllOllS.
-'
'""".'1"""11. ~I
1999-319
.
OBSERVED BEUA V10R - REASONABLE SUSPICION RECORD
.
1hIs fonn applies only to employees with Commercial Drivers' Ucenses who are covered
UDder DOT reculatlOllS.
II' ..I~* ....
~m"
0lIl:
la rlk-
......... ". Number:
TiMe: (....
."... ~
(StLIt)
(Cilr)
(StIlI)
(Zip)
L r lH ClGIOIIp....O'..hl.,t J - ~
1 ANt....
.
_Nat- .. fI~'
_1*111 _ Ih. ...:..-.11...... 1 e".
_Dr 1 .an Linr....
_0tJ 1I1~ S) )In.
" . a~.
_ _10 I. _ .Y-+
~"Il I 1.....
.. . -
"" lp 1.,
~ - I. 0 J,
, ! tIDId~ !I
......art $ II:
....
1 Bltr .Ii.
1~ 11111:
...
_.... of ".1'1' I I I
_Ca" I' - _srl.L~
sa.- _..
yt'-. ",irIl& ;
... ItJ h I No.
---l.....r Ie.
0dIIr.
5. ...StiIW
.......
Odler
. (llll.ftllIl' Maa's...' , ~'IJ"
LecltelCoa.& 1IIIco. fW...._.. II' ,.
,... -----"..,.1II-~..
s...,..
Mo..-
-
6. w.....a
TwIlif'
A.-D..IIr'U III
'--T\h~tor"'a"
MeN' haJ' I
- --
_9 on I ~__
0lW
7. OdIcrObla_AdionIor"'Ww(spa:i"~
.
"
1999-31~ ..
, ,
..
QUEsno~
I. Do you IIIvc UlJ medical problems ror which you are currently bcinllrClled?
-
llya, .... are you beincllatod ror1
What it Jour doctoc's .......Iddrcss. and telcphone num.,
2. Ale 1OlI1IlU.1IIJ IMfi~ tdon,_ Ir,.... ~don aDd ror... -114
1 OO,......,...c.. ~ 'lI1 J Ilr....JOlI._CI)(J~.....
. ~_It,.. I'm 'll
4. Ale ,......,.". flI"~_ If,... willi!
WIa! W" I ..Jt
Wi6 ,..., If
S. Haw,.... -r....... II uTI aid_lit J . .... 'r H .... .rll~ .Ud' _
W,.. ...... r -
.....c! WillI ....,..,
JiiJIrIIIJI.J&
." - }
-)Ia
cn.t
(lflii}
(n - )
~'4
17)1a
(ftIe) .
(TIde>>
(DIll)
llillu 181_...... ....... 1."" ~". (. ....... X....,..
. I.a ~
.111 ...,....-.,.......JIJ h .,.......... TltL'II I ......~J
~
DIll:
TIaIc
LG Lilla
.......~-
_u ...d....~_... _~..U,. -I..."
I" . I" ....T.......- F'K4 I II) . rill -- ......
_"'[I III ."'nl"'- --....11 J.Ill......
- '"04)"" .. .-' III . ~
.... 1 ....... II - I'"
· II...... perioda", or.. 1I1d........ ~ .,....
-..... [ti~ _''''If ICIM'I.' 1 ...__
_r~ I,...... in 00..0: ...... andfor _F&eqI-.cIy Iloi..:.~ ....1IlOIICJ..
:. . ~ co "--Ir_
I'~ ,~ ~~__.
_'(:II -If........i1i11~ _C':II....,CIOfII'. TelL.
E..A.. 1- -lrinaf. den lie 0/1 pa.....
IlI'ObIcms 10 wort
~"
---""".
1999-319 t -
,] .~ -
, Incidenl(s)
~ -
DIll:
TIlIC
.... La [~Na:
~ 1
., 'I:
........
~1""4ld.
0lIl:_
~.rll"
C'iJ- 1
t- I: 11, . J: 0lIl:_
-....
~ 1'..II"a
. f,.ll I
N..- !.,..dIII.lo_. DIIe: '
-
~..
~