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HomeMy WebLinkAbout1994-238 . , 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO 4 AND EMPLOYEES IN THE GENERAL EMPLOYEES' BARGAINING UNIT OF THECITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO CITY EMPLOYEES' 5 ASSOCIATION. Resolution No. 94-238 6 7 WHEREAS the designated representatives of the Mayor and Common Council met and 8 conferred in good faith with representatives of San Bernardino City Employees' Association 9 (SBCEA) representing the unit of General employees of the City of San Bernardino, in 10 11 accordance with the provisions of Government Code Sections 3500-3510, to agree upon a new Memorandum of Understanding (MOU); 12 13 WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a copy of 14 which is attached hereto and incorporated herein) effective July 1, 1993, through June 30, 1995. 15 BE IT RESOLVED BY THE MA YOR AND COMMON COUNCIL OF THE CITY OF 16 SAN BERNARDINO AS FOLLOWS: 17 18 SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours and working conditions for employees in the General employees' bargaining unit of the City of 19 20 San Bernardino. 21 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 22 Common Council of the City of San Bernardino at a r"9"1 Ar meeting thereof, held on 23 the 15th day of August 24 25 1111 26 1111 27 28 , 1994, by the following vote to wit: ~ 94-238 . 1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO 2 AND EMPLOYEES IN THE GENERAL EMPLOYEES' BARGAINING UNIT OF THE CITY 3 OF SAN BERNARDINO REPRESENTED BY SBCEA. 4 COUNCILMEMBERS AYES NAYS ABSENT ABSTAIN 5 6 NEGRETE x 7 CURLIN x 8 HERNANDEZ x 9 OBERHELMAN x 10 DEVLIN x ~ 11 ...... .-i POPE-LUDLAM y ., d 12 , , MILLER 13 x 14 ~7 ~ 15 16 17 1994. The foregoing resolution is hereby approved this 19th day of August 18 ~41;~~ Tom Minor, Mayor City of San Bernardino , , _. 9-'/,:2S V 1993 - 1995 GENERAL UNIT EMPLOYEES' MEMORANDUM OF UNDERSTANDING CITY OF SAN BERNARDINO OFFICE OF THE DIRECTOR OF PERSONNEL 94 238 TABLE OF CONTENTS Article/Section Ii.tk Em Definition of Terms 3 ARTICLE I ADMINISTRATION 4 Section 1 Management Rights 4 lli9>>Jfl~ir.~I..lOC4tirjffif~~~~J)Mimp!9XlftliiHmlilimjm;~iIi[I~1:Im~]ImtflEIaUf.ifillf~ltuH.Jf~il1111ift~ltfJl%1. Section' Contract Services 5 Section Agency Personnel Rules 5 Section ',' Safety Committee 6 Section " Labor-Management Committee 6 [a9ff~i;lIwl!11WirujIJj;;;;!';!!;1!l;;m~m~~!'fg9f;BmpIJ?X'!;R~r~mBK~;!!IliiiirillfI;fi;;;1;1I1il11I]~ ARTICLE n 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 R~grntioruVnwnSecurity No Strike Payroll Deduction for Union Dues Grievance Procedure Union Representation Employee Lists Skelly Rights Non-Discrimination Personnel Files Bulletin Boards Budget Documents Employee Orientation New Employee Information Mailbox 8 8 8 9 10 II 12 12 13 14 14 15 IS IS IS ARTICLE III Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 COMPENSATION Salaries PERS Overtime Higher Acting Classification Pay Call-Back/Standby Assignment & Pay Shift Differential Personal Tool Replacement Allowance Fines Bilingual Pay IS 15 16 16 17 17 19 20 21 21 General Unir MOU 1 - . 94 238 . I , Article/Section ARTICLE IV Section I Section 2 Section 3 Section 4 ARTICLE V Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 ARTICLE VI Section 1 Section 2 Section 3 Section 4 ARTICLE VII Section 1 Section 2 Section 3 S,"".,.~,..,.,..,',..,....',.,..,Q..',,',n...,..,.,',..,,\4,:,..,..,..,.,...,.ii _.... ,.,.;.:.;.;...,.:.,.<<,-:-,-,.;.;. Section ~ EXHIBITS Exhibit I Exhibit 2 Title FRINGE BENEFITS Health/Life Insurance Uniforms and Rain Gear Education Tuition Assistance Parking Facilities LEAVES Vacations Holidays Sick Leave Payment for Unused Sick Leave Injury Leave Leave of Absence Without Pay Witness Leave Blood Donations Election Leave WORKING CONDITIONS Work Periods Physical Examinations Probationary Period Seniority GENERAL PROVISIONS Waiver Clause Severability Printing of Memorandum of Understanding ,...................................,.....,.....,..~!~9!~~!~t~9i!~~yi!~~~fiffigmg.,I..,...........,....".,.,......Il.';'N Resolution No. 6413, "Section Ten: General Employees" Resolution No. 89-38, "Employees' Time Off to Vote" ~ 22 22 23 24 26 26 26 28 30 32 32 33 34 35 35 35 35 36 36 37 37 37 38 38 ;t~ 39 2 General Unit MOU 94, 238 DEFINITION OF TERMS em::. The City of San Bernardino. Classi fication: Includes titles listed in Section 10 of City Resolution No. 6413, as amended. J2ay;. As it pertains to a holiday, sick leave day, or a vacation day, one (I) "day" equals eight (8) hours, unless otherwise specified. Exclusions: Ex I ded f th G ral U . 1t-",x.,,=IPII'"" '''~.'''"'~''''''''N,,~ c u rom e ene mt ,O't@rilf '., i'tAjf", " .~: "- "WAV~*~:~..:::.:.-;:;: 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. General Unit: 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. Mandatory and Permissive: "Shall" is mandatory; "may" is permissive. MOU: Memorandum of Understanding Union: The exclusive bargaining representative for the General Unit. General Unit MOU 3 '9. 238 ARTICLE I ADMINISTRATION . Section I Manal:ement Ril!hts This Memorandum of Understanding (MOD) shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers, 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 and 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. S~ljpng ~iiipt~y~itii.!tits ~ General Unit MOU 4 94 238 ~!~7~~~;~~~~~~~~;~r;:~~~~~:~1~~~i~~~~~~~II~~~~~~1 Iti '..1'he'City;tIiroughWirepresentiiiives; shiilCiiieefiUidcorifei 'irig6OdtiUillorily with repreSeritatives otfontially recognized employee orgamiations regarding matlerswithin th~ ~~,QIriip~~j!~Qt!;i~gN~!iigW~g~~:~R~}\i14p!h!:r,~m~i!h4fQ@j!iq#"~91lMp19.y.iRtm~ ~1H2i~ 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 concerning the manpower resource considerations involved and receive recommendations from the Union to reduce the impact upon jobs performed by unit employees. SeNion. A~encv 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 the "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 after 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 departmental work rule may be determined in the grievance procedure at the employee's election. The City shall make General Unit MOU 5 '94. 2~S reasonable efforts to acquaint employees with work rules. Work rules shal1 be uniformly applied. $ii<\Uq!).~ Safetv Conunittee 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 Risk Management for all corrective actions in establishing better job safety. The Board will improve safety communications throughout the City and reyiew 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 ful1y 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 1 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 working days' notice to the other side, select an alternate from a pre-designated pool of employees. The 'pool H will consist of up to three (3) employees, whose names will be exchanged by the City and the Union each July. ~~iJQPrl Labor-Manaeement 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 General Unit MOU 6 94 238 , ,J... .....;II,~, existing procedures. The Union shall designate three (3) representatives to serve on the Committee from different departments. The City shall also designate three (3) 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 Personnel 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 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. xWi~.'~r('.r~FrIl_Fei.lf~el1\~nr~ The Associanoil"riiay ."", Msigiiaieiii> to ten '(10) "represenfutivesrrciirillie DepartJUents/Divisi(lns Iis~ below to meet f(lr one (I) hour per month (In Cityt,ime att:heend ----- pcit@viriglsthebreakd<iWriof efupIoye~s byoepai'@entlDivisiori; General Unit MOU 7 ,,,94 238' ARTICLE II EMPLOYER-EMPLOYEE RELATIONS Section I Recol!nition/Union Security Exclusive recognition of the Union is acknowledged for the purpose of meeting and conferring on wages, hours and working conditions 1 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 grieyances and disciplinary appeals, and wishes to represent himself/herself, such member shall be required to proyide 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. General Unit MOU 8 94 ':3A 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 article for the remittance of any sum other than that constituting actual deductions made from employee wages earned. 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's Secretary/ Treasurer, 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 approYed 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 l!in~~;J~~j and those employees who thereafter become members shall remain as members in gOOd standIng of said Union for 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 1 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. General Unit MOU 9 r-- --- 94 238, 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 1 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 Employee 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 appeals to the Civil Service Board. If the employee chooses to appeal disciplinary action to the Civil Service Board, he/she shall be precluded from filing a grieyance. Additionally, allegations of discrimination and harassment may be submitted to the Affmnative Action Officer. ihCi\.idin.....theDl\ilSlonHeacti .,...,..,.,.,..................,g.........,...,.,..,.,.'....'.......'.......'..'........'.'.'....'.'........... ~~J~fi];II~ilii'lii~tlilIlj~ve!l}~pghf~\5~r~pr~~P!~;ltlj~~n~4~g[~~i~yW~ Procedural St~s for Handling Grievances: A. Informal: Aiiiihempt shall be'fuiide to ascertainiill fiictSiind adjust aU grievances :'~~~7W~1~;?2g:f~~~;;;~ General Unit MOU 10 ~n 9.4 238 B. Formal: (I) If the grieyance 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 1 shall meet with the employee and/or his/her designated representative within the next ten (10) working days of receipt of the written grievance and shall deliyer his/her answer, in writing, to the employee within ten (10) working days after the meeting. (2) If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Personnel within ten (10) working days from the date of delivery of said answer. The Director of Personnel, or his/her designee, shall meet with the employee, 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 Administrator or his/her designated representative within ten (10) working days from the date of delivery of said answer. The City Administrator or his/her designated representative shall deliyer his/her answer, in writing, within ten 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 giyen the final resolution of the grievance. (6) Any grievance not answered by the City within the specified time limits listed aboye shall be deemed settled on the basis of the Union's original demand. Likewise, any adjustment not appealed by the employee or his/her designated representative within the specified time limits listed above shall be deemed settled on the basis of the last City official's answer. Time lines as above may be extended by mutual agreement only, 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 General Unit MOU 11 94, 238 purposes, without loss of time or pay, with two (2) working days' adyance 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. 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 Common Council to attend Union training courses and Union conventions if the Department Head concurs. A ratio of one steward for every 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 compliance with the requests of his/her immediate supervisor, or conflicts which arise between duty requirements and the handling of grieyances, may be cause to suspend this privilege and both parties will call an immediate special consultation session between the City Administrator or his/her designated representative to resolve the problem. Punitive action sball not be taken against employees for performing their duties as stewards. The Union shall furnish the Director of Personnel with an up-to-date steward list each quarter including names 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 Emoloyee Lists The City agrees to proyide the Union with a list of names of the General Unit employees, by City department, every six (6) months, beginning in January of each year. Section 7 Skelly Ril!hts 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. General Unit MOU 12 94 23.8 If the employer 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. 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 adyance 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. The employee must be given the materials, if any, upon which the action is based. 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 (Department HeadlDivision 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 membership. Union membership also includes Union activities. Further, there shall be no discrimination against qualified individuals with disabilities 1 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. General Unit MOU 13 ,94 238 Section 9 Personnel Files A. The Personnel 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 may 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. 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 material 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 material. Such files shall not contain a copy of any disciplinary action against an employee. C. Employees and/or their authorized representatives, if authorized by the employee, shall have the right, upon Y(n!t[q 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 time spent, and the employee may 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. 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 representatiye and a Union representative will meet ~;~1!,;~m.i~Bl$ to resolve the problem. General Unit MOU 14 94. Z38' Section 11 Budl!et Documents The City agrees to provide the Union, at no cost, one copy of the annual financial report, preliminary budget, final budget, and resolutions or ordinances as requested by the Union. Section 12 Emplovee Orientation The City will distribute the Memorandum of Understanding, or contract terms and conditions, as part of the employee orientation program conducted by the City for new employees. Section 13 New Emplovee Information Once per month, the Personnel Department will furnish the Union with information on new General Unit employees, excluding their home addresses. Data will include employee name, title, department, department phone number, and date of hire. Data will not be provided until at least ten (10) working days following approval of the appointment by Mayor and Common Council. Section 14 Mailbox The City will offer a mail slot for the General Unit in the mailroom area established for City departments. ARTICLE III COMPENSATION Section 1 Salaries Salaries are per Resolution No, 6413, Section Ten, as amended by the Mayor and Common Council. General Unit MOU 15 94 238 m~mf@lll~~ltglc~\~I~I-J~~!!9f~~~8lY!~lm$~ttl~M~~i~~~f;~~~~I~9tll Section 2 PERS The City will pay 7% of the employee's contribution to the Public Employees' Retirement System (PERS), credited to the employee's personal account as a fringe benefit. ---- EiI~~~liiil_IIV~il_ilir~IIII~I_~~RllifU~R~~II1!m~~9Plg.~s~m~ Section 3 Overtime All employees in the General Unit (exempt as well as non-exempt) will receive overtime based on the requirements of the Fair Labor Standards Act (FLSA). Overtime work shall not be authorized unless the employee has obtained the prior approval of his/her Department Head or designated Division Head, who shall thereupon obtain the approval of the Mayor or City Administrator prior to authorizing the performance of such overtime work. Emergency overtime work is authorized 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 proyisions contained in Article III, Section 5, General Unit MOU 16 94 238 iAVl__ lt9~ift~~~~!ll~irl~6~!tffu~l~~:~~~r.~~:t~~;,~~~~11~ii,ril Section 4 Hieher Actine Classification Pav Upon approval by the City Administrator, a Department/Division Head may assign or reassign a qualified employee within the bargaining unit to discharge the duties of a higher classification when a position is vacant, or in the absence of the incumbent. An employee so assigned in writing by the DepartmentlDivision 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 20 days in a higher acting classification during the preyious 24 months, based upon their official Personnel Department records. The entire period of assignment at the higher classification including the initial work demonstration period may not exceed 60 working days except by the mutual agreement of the City and the employee. An employee assigned to work in a higher classification on an acting basis shall receive at least 5 % above his/her current base rate of pay. Refuse Operator I employees normally assigned to a two person crew who are assigned to work on a one person unit shall be entitled to acting pay as provided by this section. Refuse employees assigned work in a vacation relief capacity on a two person crew shall not be entitled to higher acting classification payor credit towards the initial work demonstration period. The City will not circumvent the intent of this article by using various employees to thwart the intention of this article. Section 5 Call-Back/Standby Assilmment & Pay An employee who is free to engage in hislher own pursuits while off duty, subject only to carrying a beeper or to the understanding that the employee leaye word at his/her home (or General Unit MOU 17 94 238 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 wi th Article III, Section 3. If a Department Head places an employee on standby 1 defined as the employee being in a state of readiness and immediate ayailability 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: Standby Status For the employee's five (5) work days during their work week (or prorate at 1.0) Hrs Compensated 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-{)ne-half. 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 FLSA oyertime rate of time-and-one-half. General Unit Call-Back Pay: 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 unless the employee has worked less than 40 hours in the work week due to use of paid or unpaid sick time. In such cases, the employee will be paid straight time. Department Heads may, however, pay at the FLSA overtime rate of time-and-one half regardless of sick time taken in unusual circumstances at their discretion. An employee called back to work shall be paid for a minimum of one and one-half General Unit MOU 18 94 ,23g hours of work. The General Unit employees covered by this MOU are not so severely restricte4 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. II~ ~... .l~."mw "'1;il~,;;I!~i~!gli'lt_HLflJ!l~,,'.4'8~,lj\1I1&lfiM~q(H" "",hll"MC . e . '" SlQ~ MU! "', > ,,' . ,', ~ " , ... w..:.~^..,., . ". -. . "x<: '. l .. . Police Employee Court Subpoena Time: If a Police Department General Unit employee receives a work relate4 court subpoena for which they are place4 on standby, he/she will receive two (2) hours of pay for all or any portion of a 24-hour day on which the employee is require4 to be in such standby status. The Union and the City agree that two (2) hours of compensation is compensation in full for the hours of work of said employee during standby, The two (2) hours compensation is, and will be paid as, time worke4 and at the appropriate straight time or where applicable, at the FLSA overtime rate. Such compensation is in addition to compensation for any time actually worke4 pursuant to such subpoena. It is hereby agreed by and between the parties hereto that the general unit employees covere4 by this provision, are not so severely restricte4 in their activities while on standby status as to be "working while 'on call'n as that term is used in the Fair Labor Standards Act 29 CFR 785,17, Article 6 Shift Differential Effective the first full pay period in July !~~ all employees within the bargaining unit assigne4 to the communications division and police records, shall receive the following pay differential, in addition to their regular base rate of pay, for actual "shift work" designated as either the .swing. or "graveyard" shift. General Unit MOU 19 94 238 A. An employee assigned to the "swing" shift (normal start and ending time of 4:00 p.m. to 12 midnight, respectively) shall receive 25C per hour extra for all hours actually worked during such assignment; or, B. An employee assigned to the "graveyard" shift (normal start and ending time of 12 midnight to 8:00 a.m., respectively) shall receive 35C per hour extra for all hours actually worked during such assignment. C. The provisions of subsections A and B immediately above notwithstanding, the following personnel shall receive the following additional compensation for work as the "swing" or "graveyard" shifts: Police Record Clerks: Police Records Clerk II Police Records Clerk I Police Records Clerk Differential Pay $.3872 per hour $.3555 per hour $.3007 per hour Section 7 Personal Tool Reolacement Allowance The City shall proyide a tool replacement allowance for damaged, lost or stolen, personal tools in an amount not to exceed $4i~ per year, per employee. Only those employees in the following position classifications shalCbe entitled to such allowance: Department/Division Classification(s) (I) Central Garage Division (2) Engineering (3) 114'1!!BIII'I~&~~n~I'l!yIt!9fi Mechanics & Service Personnel Traffic Signal Electricians Maintenance Personnel 1f!~!:~~Wf~~l & Mechanics (4) Fire Department-Garage Diyision Claims against the above tool replacement allowance shall be honored provided when: (I) 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 properly maintained. Tools stolen or damaged on the job through no fault of the employee will be replaced by the employee and reimbursement thereof will be made by the City, after submission of an appropriate City form accompanied by an approved invoice or receipt. Requests shall be submitted semi-annually, in June and December, General Unit MOU 20 94 238 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 Central Garage Division who may be required by their Department Head to purchase personal metric tools in order to effectively accomplish work assignments shall be eligible to receive a one-time tool purchase allowance not to exceed $100 to assist in making such purchase. Section 8 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 9 Bilin~ual 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 compensated at the rate of $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 basis. The designated employees may be tested annually for certification and recertification. Not more than 20 General Unit employees may be designated to receive bilingual pay. The City Administrator or designee will retain the right to select the 20 eligible employees 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. General Unit MOU 21 94 238 ARTICLE IV FRINGE BENEFITS Section I Health/Life Insurance JU An employee must purchase medical insurance offered through the City in order to utilirethe contributions described in subsection A. Mi The City shall contribute a maximum of$16 per month per employee to be used exclusively for the purchase of medical insurance benefits. ...": 101..-: ':"::~,,~" City contributions not utilized by an employee revert to the City. 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 plan 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 receiye "double coverage,. ~~ The City shall provide each employee with $10,000 life and accidental death and dismemberment plan insurance coverage at no cost to the employee. This increased coverage shall take effect on the first of the month following Common Council approval of this MOD. m Each member of the bargaining unit is eligible to participate in a City-sponsored program of annual cholesterol checks and dietary counseling. General Unit MOU 22 94 :":8 Section 2 Uniforms. Rain Gear & Safety Equipment A. The City shall provide uniforms for the following position classifications: (I) Central Garage Division: Equipment Mechanic Senior Mechanic Welder Auto Body Repairperson Auto Body Repairman Helper Automotive Serviceman (2) Street Division: Eight (8) Employees assigned to Sewer Maintenance Skilled Laborer (Street Barricade) Eleven (II) employees assigned to Asphalt Crew Employees assigned to Tree and Concrete Crews (3) Engineering Division: Traffic Signal Electrician (10 sets - uniforms) (4) Cemetery: Laborer (5) Central Communications: Maintenance Personnel (6) Facilities Management Division: Custodian Building Maintenance Personnel Parking Control Checker (7) Parks. Recreation & Community Services: Maintenance Plumber I & II Parks Maintenance Leadworker Parks Maintenance Workers I, II & III General Unit MOU 23 94 238 Landscape Inspector (8) Refuse Division: All Permanent Field Personnel (9) Animal Control Division: Animal Control Officer Animal Health Technician Animal Shelter Attendant Senior Animal License Checker (10) Police & Fire General Employees: All permanent personnel in the bargaining unit as designated by the appropriate Chief. 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 Diyision, 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 in Central Stores and made available on loan, as needed, to employees in the Fleet and Engineering Divisions. C. The City shall provide uniforms to any employee required to wear a uniform. Section 3 Education Tuition Assistance A. PuJl)Ose: 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 them 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 Personnel Department according to City policies and procedures. Employees must 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 Personnel Department according to City policies following completion of the course become void, General Unit MOU 24 Q:t 23B C. Eligibility: 1. Applications for tuition reimbursement will be considered only from full- time, regular employees 1 who haye completed probation. 2. Reimbursement 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 reimbursement because the degree is related to the employee's job.) 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 approYed. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the curriculum of a recognized educational institution, do not fall within the purview of this program 1 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 and 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 reimbursable. The Director of Personnel will recommend approval or disapproval based on the availability of budgeted funds for education tuition assistance, 2. Costs for required texts are eligible for 50% reimbursement. The employee may retain the books. 3. Tuition or registration costs of $25 or less are eligible for 100% reimbursement. Tuition costs in excess of $25 are eligible for 75 % reimbursement. General Unit MOU 25 91\ ,23B ~SSf9rl:~atrJ~4~~a:~~u:;:~n'~~~t~f~~~;~r~~~tot~~~~~:Vl~i;nVt$::~ifi@i~!. ~. Employees shall be limited, for purposes of tuition reimbursement, to a maximum of two (2) collegiate level courses of not more than a total number of units equiyalent to six (6) semester units per semester. One quarter unit shall equal two-thirds (2/3) of one (I) "semester" unit. I. Prior to receiving reimbursement, employees must submit documentary proof of their fmal grades. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. Ij When an employee is required by hislher Department Head to attend a particular course or seminar, the expense shall be borne entirely by the department, and outside of this article. Section 4 Parkin!! Facilities The City agrees to meet and confer with the Union in the event there are any future costs imposed upon employees for parking. 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: Completed Years of Continuous Service* Rate of Accrual Per Pay Period Equivalent Hours Per Year I 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 General Unit MOU 26 r------- 94 288 *Service year begins on initial date of employmentlID~r9l!mm~;r~lt\!lgr*Ui:m!; **No vacation granted or accrued, if service is less than one year. At the time of voluntary and inyoluntary 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 the number of hours actually accrued, a deduction shall be made from the employee's final compensation 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 may be taken consecutively with vacations or portions thereof of a succeeding year 1 subject to the approyal of the Department Head. Except as approved by the Department Head, no vacation or portion thereof from a prior year shaIl run consecutively with the vacation of a succeeding year; and, a period of three (3) or more months should normaIly 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. Departments Heads shall respond to vacation requests submitted on City approved forms withm 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 employee'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 preyent the employee 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 mutually acceptable date. E. Upon termination, payment for earned vacation or deduction for unearned vacation, shall be made on the basis of the hourly rate of pay being receiyed by the employee on the date of termination. F. Whenever the terms "year" or "years of employment" appear herein, they shall be deemed to include all services for the City, San Bernardino City Board of Water General Unit MOU 27 .. 94 238. 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 Common Council, yacation time shall not accrue during such break in "continuous service," but shall accrue monthly from the date of return to service from such approved leave of absence, based upon the total length of service of the employee. Section 2 Holidavs A. ._R~ll{Qlt~.'1Employees shall be entitled to 11 City-designated . .. ....... . ..,. d."'....." holidays, the equivalent of 88 holiday hours, each year. The following days will be holidays for the purpose of this MOD: New Year's Day Martin Luther King, If. Day 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 16 hours of H6lid~Yj\cc6tirinime, per year (see subsection B), General Unit MOU 28 ,94 ~38 ~\- ~~i:~~~tii~~~rl~wP~~~;ili~~]1~~~~~~t~,:~~~t~'~~~~llliitiJ. Ifiiewemployeeseilid to" dTawdowri'; from the botidiifaccoiirif; thelioutSlisoo will be deducted from the 16 holiday account hours they receive up<ln the completioJl of six (6) mi>,~tM;9t$9.9Url~2I!~l~IDii ,",' , ' , '" " ",' ,,' , ",' '" , ',' ,',', ,',' """" ~nnmli~~~l~~~fef!~~~;:~:r~f~f~~~~tf~~~~~;~~bg C. ~thettliovlS19nsi Employees who, due to scheduling, must work on a recognized City holiday, w!i1 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 g~~llt 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 receiyed 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 [11 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 Garage needed to support the Public Services, Refuse General Unit MOU 29 94 2 ~i~ision 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 receiye 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 proyisions herein. If the Christmas and New Year holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays and Tuesdays. 1fIl~_Od-~;~ be accumulated beyond that total number of holidays allowed each year by the MOU. Section 3 Sick uave A. ~Ill1iti()~} 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 hislher immediate family who is seriously ill and requires the care of or attendance of any employee. Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren; ~99M~!~'ii~i~;I~ti18m\q9m!g[~n3. ~!~~~~Q"~~~fO[f;arngYM~!i1~: Not more than 40 hours of sick leave within any calendar year may be granted to an employee for the care of, or attendance upon, members of his/her immediate family, as defined above. ~9!m9r~.ll}iili...~g.houis..of..s!c!fl~~y.e wltp}.j)~i"\~..CaIeq~i!fx~rm~yp~~pgfoVf1l - ~~~I~~~~~f9t~Vlgy~j Upon the department's request, an employee must provide a physician's statement to justify a sick leave of 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 statement. General Unit MOU 30 94238 No absence due to illness or injury in excess of 1QljQHi-~ shall be approved except after the presentation of satisfactory evidence of illness oririjury;imd, a certificate from a practicing physician or an authorized practicing chiropractor approved by the Mayor and Common Council may be required by the Department Head and shall be subject to his/her approval concerning said 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 return to work. In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor or designee prior to, or within 30 minutes of, the time set for beginning their daily duties, or as may be specified in DepartmentlDivision 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, r~g\!1At employees who have completed the first six (6) calendar months of continuous service with the City shall be granted a sick leave accumulation of 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 meaning ascribed to them in Article Y, Section 2. Sick leave shall not accumulate during periods of leave of absence without pay. General Unit MOU 31 i 94 23B In the event an employee works less than 50% of the total normal work hours in the pay period, he/she shalll!~tlJp no sick leave for such pay period and shall not be credited with the~;Y hours sick leave. Sick leave may be accumulated without limit. Approved vacation, sick leave 1 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. Section 4 Pavment for Unused Sick Leave The City shall pay employees for unused sick leave upon retirement or to the estatelbeneficiary of any such employee who dies during employment. Payment for 50% of accumulated, unused sick leave shall be made, provided that in no event shall such compensation exceed 480 hours of such leave. Section 5 Injury Leave .-..- When employees sustain what they believe to be an industrial injury or illness, they shall request an "Employee Claim for Workers' Compensation Benefits" form from the supervisor. The supervisor is required to give the employees this form within one (I) 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. General Unit MOU 32 94 238 ' 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 mutually agreed upon between the employee and the City to examine the employee, to assist in making necessary medical 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 6 Leave of Absence Without Pav 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 Mayor and Common Council for a period not to exceed six (6) months, upon the positive recommendation of the Department Head and the City Administrator. Under justifiable conditions, said leaye may be extended by the Mayor and Common Council for additional periods, Leave of absence without pay will be considered favorably if it is expected that the employee will return to duty and that at least one of the following benefits will result: increased job ability, protection or improvement of the employee's health 1 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 yeteran requiring medical treatment; B. For an employee who is temporary mentally or physically unable to perform hislher duties; C. For an employee who files for or assumes elected office; D, For maternity or paternity leave, upon the recommendation of the attending 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. General Unit MOU 33 9,4 238 An approved leave of absence without pay for less than 60 days in any calendar year will not be considered a break in service. Leave in excess of 60 days shall result in the advancement of the employee's anniyersary date and compensation adyancement 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 approyed 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 premiums 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 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 a leave of absence without pay status prior to the date the City's contribution would be discontinued. 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 until the employee either returns to work or his/her employment with the City is terminated. 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 tenninated 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. l,iiCiieiirilSllUicei! jn which iitbei'ibi Fedeial'Fariiilyt;.eaveAc(()i'too$tateMti!ll~~ Familyr eave Act ap!Jly, the City shall adhere to the requirements ofthe Acts. ""'" ","','" '" Section 7 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 commission 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 General Unit MOU 34 ~4 n"'l} .j be charged against any accumulated leave balances and shall be compensated at the employee'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 24 hours of receipt. Section 8 Blood Donations Unit members who donate blood in the interest of the City, without receiving compensation for such donation, may have the required time off with pay with prior approval of the immediate supervisor for each such donation. This benefit shall not be charged 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 9 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. ARTICLE VI WORKING CONDITIONS Section I Work Periods A. City Work Schedules: City work schedules shall be as herein defined, except as otherwise provided for: I. 5/40 Work Schedule: The 5/40 work schedule shall consist of a 40-hour work week consisting of five (5), eight (8) hour work days, exclusive of any meal periods assigned by management. 2. 9/80 Work Schedule: The 9/80 work schedule shall consist of 80 work hours in a two (2) week period, consisting of eight (8), nine (9) hour work days and one (I), eight (8) hour work day, exclusive of any meal periods assigned by management. :IJj~lgt~ r~I.lm:ers~~jlmt9Hg!i;~i~;~lt~~~llitjqn!~1~~11l1;@S~ffif!g~mfl. General Unit MOU 35 I 94 '238 3, 4110 Work Schedule: The 4/10 work schedule shall consist of a 40-hour work week consisting of four (4), ten (10) hour work days, exclusiye of any meal periods assigned by management. 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) week 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 from receipt of notice. Upon notification by the Union, both parties shall meet promptly 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. Section 2 Phvsical 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 may arrange with a physician or medical group for such examination, or if the situation warrants, the City may authorize an employee to be examined by a doctor of hislher choice. In the event an employee is authorized to be examined by a doctor of hislher choice, reimbursement shall be made by the City for the cost thereof proyided, 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 six (6) month probationary period, except for new employees hired into the following departments: Police; Personnel; Fire; Engineering; Finance; and, all divisions of the City Administrator's Office, all of which employees shall serve a one (I) year probationary period. General Unit MOU 36 9~, 238 " Section 4 Seniority Department Heads will consider seniority in authorizing vacations, scheduling 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 documented. Emergency, temporary and provisional employees shall be laid off in that order prior to the layoff of permanent employees 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 requirements of knowledge, skill and experience provided that the employee 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 become 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/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 employee. Such notice shall be in writing by the Personnel Department. An employee shall be given at least thirty 30 days notice prior to layoff. ARTICLE VII GENERAL PROVISIONS Section I Waiver Clause The parties acknowledge that during the meet and confer process which resulted in this General Unit MOU 37 94 Z38 MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, ordinance, 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 waiyes 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 may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this MOU. ' ' 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 other 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 of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the MOU. Section 3 Print!n!! of Memorandum of Understand!ne The City shall pay one-half 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 'rerOl ofMemorandmu of Understandinll .......... General Unit MOU 38 94 238 Section ~ 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. General Unit MOU 39 . 9'4 2'38 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 Exhibit 1 RESOLUTION NO. 92-136 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING RESOLUTION NO. 6413, SECTION TEN, ENTITLED IN PART "A RESOLUTION......... ESTABLISHING A BASIC COMPENSATION PLAN. . ."; BY UPDATING INFORMATION CODIFYING PRIOR COUNCIL ACTIONS. (GENERAL UNIT) BB IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF TJIB CITY OF SAN BBRNARDINO AS FOLLOWS: SECTION 1. Resolution No. 6413, Seotion Ten, is amended to read as follows: "SECTION TEN: General Employees": SALARY RANGB AND STBPS (1203) 1222 1283 1347 1414 1485 CLASSIFICATION TITLB Messenqer (1223) 1349 1416 1487 1561 1639 Polioe Reoords Clerk Trainee Typist Clerk I (1243) 1489 1563 1641 1723 1809 Aooount Clerk I Cashier I Library Service Teohnioian Printinq Services Assistant Telephone Operator Typist Clerk II (1248) (1253) 1527 1603 1683 1767 1855 Custodian 1567 1645 1727 1813 1904 Cashier II Library Clerk Lead custodian (1257) (1263) 1599 1679 1763 1851 1944 1647 1729 1815 1906 2001 Account Clerk II Affirmative Action Clerk Parkinq citation Coordinator Personnel Clerk I Police Records Clerk I Purchasinq Clerk Senior Animal License Checker Typist Clerk III Animal Shelter Attendant Park Maintenance Worker I Recreation proqram Coordinator (1265) 1663 1746 1833 1925 2021 . , , ' 94 238 13 14 1 (1268) 2 (1273) 3 4 5 6 (1275) 7 8 9 10 11 12 (1278) (1283) 15 16 (1285) 17 18 (1288) 19 20 21 22 23 24 25 (1292) 26 27 28 1687 1771 1860 1953 2051 1730 1817 1908 2003 2103 1748 1835 1927 2023 2124 1775 1864 1957 2055 2158 1820 1911 2007 2107 2212 1838 1930 2027 2128 2234 1865 1958 2056 2159 2267 1901 1996 2096 2201 2311 storekeeper Animal Shelter Office Specialist Composer/Bindery Clerk Personnel Clerk II Stenoqrapher TelecoMmunioations Representative Ahat8lllent Aide Buildinq Maintenance Worker Maintenance Worker I Refuse Operator I Tire Repair Worker Lead storekeeper Police Fleet Maintenance Expeditor , Police Property and Supply Assistant Duplicator Operator Police Records Clerk II Secretary (City Clerk, Mayor, Planninq , Buildinq Services, Police, SBETA) Park Maintenance Worker II Collector Community Employment Specialist community Service Representative I Dispatcher I Disaster Preparedness Representative Employment Intake specialist Identification Techni- cian I Parkinq Control Checker Account Clerk III (U) (Business License) Animal Control Officer Animal Health Technician Deputy City Treasurer (U) , . "94 238 1 2 3 4 5 6 7 (1298) (1295) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (1302) (1303) (1305) (1307) (1310) (1312) (1315) 1931 2028 2129 2235 2347 1961 2059 2162 2270 2384 2001 2101 2206 2316 2432 2011 2112 2218 2329 2445 2031 2133 2240 2352 2470 2051 2154 2262 2375 2494 2081 2185 2294 2409 2529 2101 2206 2316 2432 2554 2134 2241 2353 2471 2595 Bleotrician I Maintenanoe Painter Maintenance Plumber I Survey Party Technician I Traffio sign Painter Maintenance Worker II Park Maintenanoe Worker III Refuse operator II Building Maintenance Mechanio Riak Manage.ent Speoialist Worker's Compensation speoialist Development Permit Teohnioian Engineering Aide Community Services Representative II Dispatcher II Rangemaster Senior Affairs Coordinator Senior seoretary (Community Develop- ment, Fire, POlice, Public Works, SBETA) Staff Analyst I Motor sweeper Operator Equipment Mechanic I Police property Supply Technician Abatement Coordinator Business License Inspector (0) , Draftsperson Junior Librarian Senior Dispatcher Sur v e y Par t y Technician II Maintenance Worker III 9 10 (1327) 11 12 13 14 15 16 17 . -, 94 238 ,~ ) 1 2 3 4 5 6 (1317) (1320) 7 (1322) 8 (1330) (1332) (1337 ) (1342) 18 19 20 2] 22 23 24 25 (1347) 26 27 28 ,:) 2156 2264 2377 2496 2621 2189 2298 2413 2534 2661 2211 2322 2438 2560 2688 2266 2379 2498 2623 2754 2299 2414 2535 2662 2795 2322 2438 2560 2688 2822 2382 2501 2626 2757 2895 2442 2564 2692 2827 2968 2502 2627 2758 2896 3041 Park Maintenanoe Leadworker Refuse Operator III Tree TriDllller Ide n t i f i 0 a t ion Teohnioian II Maintenanoe Carpenter Heavy Equipment Operator Aooountinq Teohnioian Auto Body Repairperson Maintenance Plumber II staff Analyst II Welder Eleotrioian II Librarian Traffio siqnal Eleotrioian I Lead Maintenanoe Worker Sur v e y Par t y Teohnioian III Equipment Meohanio II Aooountant Eleotrical , HVAC Meohanio Eleotronics Teohnician Employment Servioes Liaison Lien Coordinator (0) Personnel Assistant (Civil servioe) Personnel Teohnioian Planning' Aide Publio Servioes Project Coordinator Real Property Speoialist Reoreation Therapist Lead Equipment Mechanio Library Outreaoh Offioer Library Computer Lab- oratory Coordinator . RESOLUTION NO. 6413, SECTION 13, BEING AMENDED...TO ESTABLISH A B~SIC COMPENSATION 94 ?(.~ 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a reqular meeting thereof, held on the 20th day 4 of April 5 6 Council Members: 7 ESTRADA , 1992, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT 8 REILLY 9 HERNANDEZ 10 KAUDSLBY 11 MINOR 12 POPB-LUDLAM 13 MILLBR 14 15 16 -X- -X- -X- -X- -X- -X- x 17 18 19 20 Approved as to form and legal content: 21 JAKES P. PENMAN 22 :~~/r:~_~YJl/2. t" ~ ~~) 24 25 .......:..-Ll... ./~...{'.....(-,~ Racbel Xrasney, ci Clerk The foregoing resolution is hereby approved this 24th day of April , 1992. ,~.~ .....-4 .........., ._...----,.' ..../. /;/~ ~ . .., ~: ~/'/ /~~' J(.R. "Bol?" HOr::Omb,MaYOr 26 27 (RESO-General Unit/bjw) 28 , - . . . 94 ?,)Q 4,.,__--1;' Exhibit 2 RESOLUTION NO. 89-38 ] 2 RESOLUTION OF THE CITY OF SAN BERNARDINO ESTABLISHING THE PRIVILEGES OF VOTERS AS SET FORTE IN THE 3 CONDUCT OF ELECTIONS CODE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. Emplovees' time off to vote If a voter does not have sufficient time outside of 7 working hours to vote at a City, statewide or national election, the voter may, without loss of pay, take off 8 9 enough working time which when added to the voting time 10 available outside of working hours will enable the voter II to vote. 12 No more than two hours of the time taken off for 13 voting shall be without loss of pay. The time off for ]4 voting shall be only at the beginning or end of the 15 regular 16 time for 17 working ]8 working shift, whichever allows the most free voting and the least time off from the regular shift, unless otherwise mutually agreed. If the employee on the third working day prior to 19 the day of election, knows or has reason to believe that 20 time off will be necessary to be able to vote on election 2] day, the employee shall give the supervisor at least two 22 23 24 25 26 27 28 working days written notice that time off for voting is desired. SECTION 2. Emplovers' notice; postinq Not less than 10 days before every city, statewide national election, the City shall keep posted or conspicuously at the place of work, if practicable, or .. i .. 94 238 1 2 3 4 5 6 7 8 9 10 ]] 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 elsewhere where it can be seen as the employees come or go to their places of work, a notice setting forth the provisions of Section 1 above. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 20th day of February , 1989 by the following vote, to wit: AYES: Council MembersEstrada, Reilly, Flores, Maudsley, Minor, Miller NAYS: None ABSENT: Council Member Pope-Ludlam 'L ......z,.., ' ' ,..vJ:;.U".?7," (.,;;~'.f'''/ / City 'Clerk The foregoing resolution is hereby approved this day of Februarv , 1989. .. , /) , ,/~ / /j" ' {/7 (VL't(~ '~A-i~y' EVLYN W LCOX, 'May r /' City of San Bernardino Approved as to form and legal content: ,~ ,'" .--:)/, fCK ~ ,......., y Attorney ( , I 4 ~ , .... " 94 "')(1 ,~,.. 94 23R GENERAL UNIT EMPLOYEES' MEMORANDUM OF UNDERSTANDING 1993-1995 ~?lut<~ Mayor City of San Bernardino 4-4/ A:--::- -'--<: / ....)l......' ~/ gO City's Designated Representative ll1Q &j", t~nvtc1 San Bernardino City Employees' Association (SBCEA) ~~ \..... 0J0 ATTEST: Ci~~~ Approved as to form and legal content: ~~~~~,,~ it Attorney