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Home My WebLink About1983-323 I? ! ~. . i-.- 1 RESOLUTION NO. 83-323 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AND ADOPTING THE FINAL BUDGET OF SAID CITY FOR THE FISCAL YEAR 1983- 3 1984. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 5 6 SECTION 1. That certain document entitled "Final Budget, 7 City of San Bernardino Fiscal Year 1983-1984" on file in the 8 office of the City Clerk is hereby approved and adopted as the 9 Final Budget of said City for the 1983-1984 Fiscal Year effective 10 July 1, 1983. 11 I HEREBY CERTIFY that the foregoing resolution was duly 12 adopted by the Mayor and Common Council of the City of San 13 14 Bernardino at an adjourned reaular meeting thereof, held on the ~3r~ day of , 1983, by the Eente!'1he:r 15 following vote, to wit: 16 17 18 19 20 21 22 23 24 25 26 27 28 AYES: Council Members Cast2.nede" "'<('ill'\!, fIeLD.2E0.ez.t-- l~arks! QuieLF'r2zier, E-:tT'ic)~ler NAYS: None ABSENT: None .4/14ant!./ ~ / City ClerK The foregoing resolution is hereby approved this ~77L.day of 1983. ~~~ May jof the City of San Bernardino Pro Tempore ::O;ent.e!'"'he)~ Approved as to form: ~~~ .. /' ~4 !:3 -3 ,;Z b , ({2~ /O/ff-~ MEMORANDUM OF UNDERS'iAtlDING BETWEEN THE CITY OF SAN BERNARDINO AND THE AMERICAN FEDERATION OF COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO LOCAL 122 STATE, " This Memorandum of Understanding on wages, hours, and working conditions is between the designated representatives of the Mayor and Common Council and the Board of Trustees of the Public Library of the City of San Bernardino (hereinafter known as the City) and representatives of the American Federa- tion of State, County and Municipal Employees, AFL-CIO, Local 122 (herein- after known as the Union) representing the unit of general permanent employees of the City of San Bernardino, The City representatives and the Union recommend to the Mayor and Common Council and the Library Board that the terms and conditions of this 11emo- randum shall commence on July 1,1983, unless otherwise provided for, and continue until the last day of June, 1985. To the extent that implementa- tion Of these recommendations requires action by the City Council and the Library Board, this Memorandum will serve as a request to these bodies that they be so implemented. ~~~-".__W'IIl -~ _~_~~_ Ii.~_......-- ARTICLE 1 Recognition/Union Security Exclusive recognition of the Union is acknowledged for purposes of meeting and conferring on wages, hours and working conditions, and of general re- presentation of employees within the unit of representation. The classifi- cation titles of those general permanent employees in the unit for which the Union has been recognized exclusively as the majority representative are listed under Section Nine of City Resolution NumbEr 6413 as amended, excluding therefrom position and classification titles designated manage- ment/confidential, middle-management, or subsequently so designated as determined solely by the City; positions regarded as temporary and seasonal; titles and 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. ARTICLE 2 '. Management Rights This Memorandum of Understanding 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 has prior to entering into this understanding, except to the extent that the provisions of this Memorandum of Understanding specifically curtails or limits such rights, powers, and authority. Furthermore, the City retains all its exclusive rights and authority under City Charter, Ordinance, Resolutions, State and Federal Law, 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 pro- motions; 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; de- termine 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 com- position of work force and allocate and assign work by which the City opera- tions are to be conducted; determine the change and the number of work loca- tions, 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; to assign work to and schedule employees in accordance with requirements as de- termined by the City and to establish and change work schedules and assign- ments upon reasonable notice, establish and modify productivity and perfor- mance programs and standards; discharge, suspend, demote, reprimand, withhold - 1 - salary increases allll benefits, or othenlise discipl1ne employees in accor- dance with the applicable law; establish employee performance standards including. but not limited to. quality and quantity standards. and to carry out its mission in emergencies. and to exercise complete control and discretion over its organization and the technology of performing its work. ARTICLE 3 Contract Services It is not the intent of the City to cause employees to lose their jobs be- cause 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 re- sult in a change in the work status of employees in the AFSCME representa- tional 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. All such input and recommendations by the Union will be given consideration before presenting a contracting recommendation to the Mayor and Common Council. ':.: ART! CLE 4 Agency Personnel Rules It. is understood and agreed that there exists within the City in\'/ritten 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. 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 Resolu- tion No. 10585, Adopting Rules and Regulations Relating to Employer-Employee Relations, as amended, which documents will continue in effect. except for provisions modified by the City Council in accordance with State laws. or- ders, regulations, official instructions or policies. In the case of pro- posed changes to the Resolutions, other than by agreement, the Union shall be consulted with prior to the consideration of these changes by the t1ayor and Common Council, except in cases of emergency, in \'1hich cases the Union will be consulted with as soon as possible after the changes. The reasonableness of any disciplinary action taken as a result of a viola- tion of any departmental work rule may be determined in the Grievance Proce- dure if the employees deem it necessary. The Employer shall make reasonable efforts to acquaint employees with work rules. Work rules shall be uniform- ly appl ied. Any departmental work rules initiated. established, and promulgated by the Employer shall be posted on bulletin boards ten (10) days prior to their effective date, except in emergency situations. - 2 - ARTICLE 5 Employee Rights - Skelley Decision 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 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 ap- peal, the employee will be apprised of the action, the reason therefor, and will be provided with a copy of the charges including materials on which the action was based. Employees have the right to Union representation under Government Code 3500 (Mey~rs-Milias-Brown Act). 1. The employee shall receive advance notice of the proposed disciplinary action. Reasonable advance notice shall be provided to the employee. '" '. 2. The notice must contain the reasons and the charges upon which the proposed action is based. 3. The notice must also contain a statement of the events or circumstances upon which the action is based. 4. The employee must be given the materials, if any, upon which the action is based. 5. The employee shall have the right to respond either orally or in writing within a reasonable time to the appointing authority (department head/division head) imposing the discipline. 6. This disciplinary procedure should be used for all serious disciplinary actions which are normally considered (1) de- motions, (2) discharges, (3) reductions in pay, and (4) suspensions. ARTICLE 6 No Strike It is the purpose of the Memorandum for the parties hereto, to confirm and maintain the spirit of cooperation which has existed between the City of San Bernardino and the employees of the City. It is recognized that any work disruptions are unproductive to City operations and services provided its citizens. The Union and the City agree that they shall at no time nor in any way jeopardize the public health, welfare, and safety of the City's busi- ness and residential communities. Thus, the Union and the City will strive - 3 - ~rJ:~.~_A;..;...,,,~~.~-..____-..r:~v ~_ ____ _...._.._~_ J......~ ;a..__~~_r~~~~V.M_~~w""""""'" ........~ _. -: ~~~_,__ to promote a harmonious relationship between the parties to this Memorandum that will result in benefits to the City and will provide continuous and un- interrupted employee services. It is, therefore, further agreed that the Union shall not, on behalf of itself and its members, individuallY or col- lectively, engage in any curtailment or restriction of work at anytime during the term of this Memorandum of Understanding. ART! CLE 7 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 bar- gaining unit. The City shall not be liable to the Union, employees or any other persons by reason of the requirements of this Article for the remit- tance of any sum other than that constituting actual deductions made from employee wages earned. Dues shall be deducted from the pay of each employee \'Iho signs an authorized ~, payroll deduction card 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 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 deduc- ted 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. Hhen a member in good standing of the Union is in a non-pay status for an entire pay period or is in a non-pay status during only part of the 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 officer designated by the Union, in writing, at the address specified in the letter of authorization. All employee members of the American Federation of State, County and Munici- pal Employees who were members of the Union on July 1, 1983, and those em- ployees who thereafter become members shall remain as members in good standing of said Union for the duration of this agreement except as provided for in this section. During the first (1st) full work week (Monday through Friday) in April, a member may request, in writing, with an immediate copy to the Union President, - 4 - to withdraw his/her authorization for dues deduction, which shall become effective in the first (1st) payroll period in June. The Union shall indemnify, defend, and hold the City of San Bernardino harmless against any claims made, and against any suit instituted against the City of San Bernardino on account of checkoff of employee organization dues. In addition, the Union shall refund to the City of San Bernardino any amounts paid to it in error, upon presentation of supporting evidence. ARTICLE 8 Work Periods The work week shall normally consist of forty (40) hours of work within a period of 168 hours (seven consecutive days), or eighty (80) hours of work within a period of 336 hours (fourteen consecutive days), except as other- wise provided by law. All employees shall be scheduled to work on regular starting and quitting times. A work day shall consist of eight (8) consecutive hours of work in a twenty four (24) hour period unless otherwise specified in this agreement. ~, Work schedules shall be posted on all department bulletin boards showing the employees' shift, workdays, and, where known, hours. 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 reasonable notice of any proposed changes in scheduled work shifts prior to implementation. Union to receive two (2) weeks notice of any proposed per- manent schedule changes not resulting from an emergency situation or circum- stances which disrupt normal City operations as determined by the Department Head. If the Union wishes to consult with management regarding the proposed changes, it shall notify the City within five (5) working 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 prob- lems arising as a result of the proposed changes. ARTICLE 9 Wages Effective the first pay period in FY 1983-84 (June 29, 1983) the wages for the employees within the bargaining unit shall be increased 4.5% over cur- rent base rate. City Resolution No. 6413, Section Nine, as amended, shall be amended to reflect the wage increase accordingly. Effective January 1, 1984, the wages for the employees within the bargaining unit shall be increased 2% additional over their base rate. City Resolution No. 6413 shall be amended accordingly. - 5 - Effective in the first pay period of FY 1984-85 (July 1, 1984), the wages for the employees within the bargaining unit shall be increased 4.2% over the previous amounts cited above. City Resolution No. 6413 shall be amended accordingly. ARTICLE 10 PERS Effective the first pay period after ratification of this t'lemorandum of Understanding, the City will pay 1% of the employees' contribution to the State retirement system accredited to the employees' personal account as a fringe benefit. Effective in the first pay period after July 1,1984, the City will pay an additional 1% of the employees' contribution to the State retirement system to be credited to the individual's account as a fringe benefit. ARTICLE 11 ,.~ Overtime All bargaining unit employees, except those employees assigned to the Refuse Division who normally work under the "daily \'1ork incentive schedule". shall be eligible to receive premium pay for overtime hours worked. For purposes of this Article, overtime work means work in excess of forty (40) hours within seven (7) consecutive days (work-week). An employee who works more than forty (40) hours in anyone work-week, will be paid at the rate of one and one-half times his/her regular rate of pay. The first forty (40) hours of work however, will be paid at the straight- time hourly rate irrespective of hours worked in anyone day. With the exception of jury duty, vacations and holidays, hours not worked, regardless of whether the employee is in an excused time-off or time-off with pay status, shall not count toward the first forty (40) hours. Overtime work shall not be authorized unless the employee has obtained the prior approval of his 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 provided such approval is obtained at the earliest possible time after the performance of emergency work. Monetary compensation for overtime hours worked shall be computed at the em- ployee's straight-time hourly rate exclusive of any additional premium pay. In instances where "Stand-by and Call-back" work is required and directed, it shall be regulated by and paid in accordance with the provisions contained in Article 13. - 6 - f'~..~..__ .... ARTICLE 12 '\.- Shift Differential All employees within the bargaining unit assigned to the Communications Division and Police Records, shall receive the following pay differential, in addition to their reg'11ar base rate of 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 $0.20 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 $0.30 per hour extra for all hours actually worked during such assignment. (c) Police Record Clerks Senior Typist Clerk Intermediate Typist Clerk Junior Typist Clerk . $0.3372 per hour $0.3055 per hour $0.2507 per hour ARTICLE 13 Cal1-back/Stand-by Assignment & Pay Call-back: When a permanent General Employee within the unit of representa- tion is directed or assigned by his superior, or the superior's designee, to return to work after having completed the normal work shift, the employee will be paid for time worked in accordance with Article 11 - Overtime. The employee will be assured a minimum of two (2) hours pay while in call-back status. An employee cannot be in stand-by and call-back status at the same time. Stand-by: For those permanent General Employees within the unit of repre- sentation who are scheduled by their Department or Division Head to "stand- by" (defined as being prepared or in a state of readiness to respond for work at a time other than normal. working hours) will be compensated in addition to the actual time worked as follows: A. An employee assigned to "stand-by" duty during his/her regu- lar workweek, exclusive of his/her Saturday or Sunday, shall receive eight (8) hours pay, at his/her regular rate. for the five (5) days of such duty. Pay shall be pro-rated on the , basis of 1.6 hours per day. for periods of less than five (5) days. - 7 - ':" '" I Jl.~~ B. An employee assigned to "stand-by" duty on his/her Saturday or Sunday shall receive four (4) hours pay at his/her regu- lar rate, for each day of such duty. C. An employee assigned to "stand-by" duty for the 24-hour per- iod of any City-observed holiday will receive eight (8) hours pay at his/her regular rate for such duty. D. Departments which utilize call-back, stand-by will prepare a list of qualified employees. Such lists will be posted in the department or division office. Stand-by and overtime will be assigned on a rotation basis. Only those employees who appear first on the list will have the right to reject an assignment to overtime, stand-by, and call-back. Employ- ees rejecting such assignments will ~utomatically be placed on the bottom of the list. The employee listed next must take the assignment. An employee has the option of reject- ing such assignments only once and must accept when called upon in the next rotation. ART! CLE 14 Higher Acting Classification Pay Upon approval by the City Administrator, a Department/Division Head may as- sign 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, for a period not to exceed sixty (60) working days. . An employee so-assigned in writing by the Department/Division Head, with the approval of the City Administrator, will serve an initial work-demonstration period of twenty (20) consecutive working days without additional compensation for the duties thereof. After successful completion of the work-demonstration period, the employee shall be compensated at the higher classification rate. Any overtime hours worked during that period will be paid in accordance with the Overtime Article. The entire period of assignment at the higher classi- fication, including the initial work-demonstration period may not exceed sixty (60) working days. After the sixty (60) working days have elapsed; a Department Head may assign the employee to perform work in the higher classification for short periods of time as required by the workload of the department. Any employee so- assigned shall receive compensation for all hours worked in the higher classi- fication. A period of three (3) months must elapse before the employee can be reassigned to the higher classification for an additional thirty (30) working days only. The three-month interval of time shall be calculated from the last day of compensation for service at the higher classification. In such case, the reassigned employee will not be required to satisfy the initial 20-day demon- stration period and will be eligible to receive the higher compensation com- mencing with the first day of reassignment. - 8 - Any employee assigned to work in an Acting Higher Classification shall receive at least 5% above his or her current base rate of pay. Refuse employees assigned to work in a vacation relief capacity shall not be entitled to Higher Acting Classification payor credit towards the initial work-demonstration period. Other practices pertaining to this Article will continue in effect. The City will not circumvent the intent of this Article by using various em- ployees to thwart the intent of this Article. ARTICLE 15 Vacations A. All employees within.the bargaining unit covered by this Memorandum of Understanding shall be entitled to annual paid vacations as follows: Completed Years of Continuous Service* Eligible Days of Vacation Rate of Accura 1 Per Month** "'. 1 year*** 5 years 15 years 20 years 10 working days 15 working days 20 working days 25 working days 0.833 working days 1.25 working days 1.667 working days 2.0833 working days *Service year begins on initial date of employment. **Working days per month. ***No vacation granted or accrued if service is less than one year. At the time of termination of employment, an employee shall be entitled to receive compensation for the number of vacation hours which have been ac- crued 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 days 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. Except as provided herein, vacation time shall not accumulate or be al- lowable or payable beyond the calendar year when due. Vacation credits may be accrued and accumulated up to a maximum of two years total accumulated vacation credits upon approval by the Department Head. Vacations or por- tions thereof from a prior year may be taken consecutively with vacations or portions thereof of a succeeding year, subject to the approval 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 vaca- tion of a succeeding year; and a period of three or more months should - 9 - . - normally elapse between the expiration of one year's vacation and the com- mencement of the next year's vacation. The ~3cation period to which any employee shall be entitled shall be as- signed by the Head of the Department in th~ 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 employee from utilizing his vacation during the calendar year when due. Should this occur the employees vacation should be reschedul~d at the very earliest mutually ac- ceptable date. E. When a holiday authorized by the Mayor and Common Council occurs within the vacation period of an employee, such employee shall receive an additional day of vacation with pay. F. Upon termination, payment 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. '"~... G. ~Jhen an employee returns to work after a break in "continuous service" as defined below, and \'Ihen such break in "continuous service" shall have been by leave of absence with the approval of the Mayor and Common Council, vacation 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 officer or employee. H. Whenever the terms "year or years of employment" appear herein, it shall be deemed to include all services for the City of San Bernardino~ the San Bernardino City Board of Water Commissioners, and for the San Bernardino Free Public Library Board. I. . The employee shall not lose any vacation time off due to action by the City. J. Vacation credits may be taken off in increments of not less than (1/2) half days with prior department approval. K. The City and Union hereby acknowledge that.in the second year of this Memorandum of Understanding, beginning July 1, 1984, they will meet and confer upon the granting of only one week's vacation for new employees in the first year of their employment. L. Continuous Service defined: Whenever the term "years of employment" or "continuous service" appear in this Memorandum of Understanding, it shall be deemed to mean that employees compensated on a monthly basis shall have completed ten months or more of compensated service within the twelve (12) months period immediately preceding the date of the employees return to service; and that employees compensated on a daily basis, working five days a week, shall have completed 217 or more compensated days within the twelve (12) months period immediately preceding the date of the employees return to service; and that employees compensated on a daily basis, working - 10 - six days a week. shall have completed 261 or more compensated days within the twelve (12) months period immediately preceding the date of the employees return to service. This section shall not apply to employees who have not completed one year 0f actual compensated employment. ART! ClE 16 Holidays A. All employees shall be entitled to twelve (12) holidays each year. The follOl'iing days will be holidays for the purpose of this I~emorandum of Under- standing: ~... To be taken as a Floating Holiday in 1983 To be taken on December 31~ 1984 Any time during the term of this Memorandum of Understanding B. Each Department Head shall consider any request of an employee as to preference for taking the two floating holidays. per year. provided however. the final right to allot the day to be observed is exclusively reserved to the Department Head. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six months shall be eligible to take the floating holidays. In the event of the employee's failure for any reason to take such floating holidays during the term of this Memorandum of Understanding. the employee shall not be entitled to compensation for said floating holidays. The Department Head will not "unreasonably" withhold per- mission to take time off. . New Year's Day Memorial Day Independence.Oay Labor Day Traditional Veteran's Day Thanksgiving Day Day after Thanksgiving Christmas Eve Day Christmas Day New Year's Eve Day Dec. 23. 1983. Dec. 24. 1984 Two Floating Days. per year 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 be- comes necessary for an employee to work on any of the above mentioned holi- days. except as provided herein. he shall receive pay at the regular rate and shall be allowed another day off at full pay. as approved by the Depart- ment Head. C. Dispatchers of Central Communications Division working a shift schedule. and employees of the Police Department except personnel assigned to work a normal five-day work week. shall be allowed in-lieu time off for above holi- days at full pay when such hol idays occur within the regularly assigned work- - 11 - ing period or shall receive an extra day's pay for the day worked. The decision as to whether in-lieu time off or pay is to be received shall be based on the availability of funds and needs of the department. as deter- mined by the Head of the Departmen~ with the approval of the City Adminis- trator. If in-lieu time off is directed by the Head of the Department, it may be added to the regular annual vacation period but must be taken within one year of the date said 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) Division operations, shall enjoy all the holidays listed above as they occur except, November 11, the Friday after Thanksgiving Day, and the holidJYs ob- served the day before Christmas and the day before New Year's Day. Said e~- ployees 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. D. HOlidays as listed above shall be allowed on a Monday if any such holi- day 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. ~ E. Holidays earned in any twelve-month period may not be accumulated beyond the total number of holidays allowed each year by this Memorandum of Under- standing. > ARTICLE 17 Sick Leave A. Sick leave means the absence from duty of an officer or employee because of illness or injury, exposure to contagious disease, attendance upon a mem- ber of his immediate family who is seriously ill and requires the care of or attendance of an officer or employee. or death in the immediate family of the officer or employee. Immediate family means: husband, wife, grandmother, grandfather, mother, father, sister, brother, son or daughter or mother-in- law, father-in-law, sister-in-law, brother-in-law, son-in-law or daughter-in- law. Not more than five days of Sick Leave within any calendar year may be granted to an officer or employee for the care of or attendance upon members of his immediate family. Not more than five days of Sick Leave may be granted to an officer or employee for each absence due to death of a member of his im- mediate family as defined above. Upon the Department's request, an employee must provide a physician's state- ment to justify a sick leave of five (5) consecutive days 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. No absence due to illness or injury in excess of five working days shall be approved except after the presentation of satisfactory evidence of illness - 12 - or injury; and a certificate from a practicing physician or an authorized practicing chiropractor approved by the Mayor and Common Council may be required by the Head of the Department and shall be subject to his approval concerning said absence. The Nayor and Common Council shall have the pO\'/er to require that any person claiming the Sick Leave benefits of this Memoran- dum of Understanding be examined at any reasonable time or intervals by the County Hea1th Officer or other 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 persoll to submit to such examination after notification, the Mayor or Common COllncil 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 the County Health Officer stating that an officer or employee is physically or psychologically able to perform his work and duties satisfactorily before permitting an officer or employee who has been on Sick Leave to return to work. In order to receive compensation while absent on Sick Leave, the employee . shall notify his immediate superior or the Personnel Officer prior to or within four hours after the time set for beginning his daily duties, or as may be specified by the Head of his Department. When absence is for more than one work day, the employee may be required to file a physician's cer- tificate or a personal affidavit with the Personnel Officer, stating the cause of the absence. ':;';.,. 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 an employee may use at his 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, he shall be allowed to take his vacation in the next calendar year, but must take said vacation prior to the time he returns to work after his illness or injury. Hhenever the term "service of City" appears herein, it shall be deemed to include all service of the City of San Bernardino, the San Bernardino Board of Water Commissioners and the San Bernardino Free Public Library Board. B. All full-time officers and employees of the City of San Bernardino who are actively on duty, have been in the service of said City for six months or more continuously, and who are compelled to be absent from their work on account of illness or injury, other than that caused by or arising from their own moral turpitude, or that which is compensable under Article 19 - Injury Leave, shall receive their full salary, wages or compensation for a period of one day for each month of continuous service; provided that such salary, wages or compensation shall cease upon the exhaustion of all accumu- lated Sick Leave; and further provided that Sick Leave shall not accumulate while said employees or officers are being compensated under Article 19 - - 13 - - Injury Leave of this Memorandum of Understanding. Said Sick Leave may be accumulated without limit and 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 holidays" shall have the meaning ascribed to them in Article 16 - Holidays of this Memorandum of Understanding. Sick Leave shall not accumulate during periods of leave of absence without pay. The words "working day" shall mean a normal eight hour day to \'Ihich an employee has been assigned to work. The six working days of Sick Leave granted after six calendar months of continuous service as herein provided for all full-time officers and em- ployees of the City of San Bernardino shall be computed at the rate of approximately 3.7 hours p~r pay period. In the event an employee l'lorks less than fifty percent (50%)'of the total normal work hours in the pay period, he shall receive no Sick Leave benefit for such pay period and shall not be credited with the 3.7 hours of Sick Leave. \-. " Approved vacation, sick leave, holiday or compensatory time off shall be con- sidered 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; or with Department Head approval, the em- ployee may take loss of pay rather than vacation. ARTICLE 18 Payment for Unused Sick Leave The City shall continue in effect its present policy of making payment for unused sick leave to permanent General Employees within the unit of repre- sentation upon retirement, or to the estate/beneficiary of any such employee who dies during employment. Payment for fifty percent (50%) of accumulated, unused sick leave shall be made provided that in no event shall such compen- sation exceed sixty (60) working days of such leave. ARTICLE 19 Injury Leave All regular employees shall be granted industrial accident and illness ab- sence with full pay for each such accident or illness for the first seven (7) calendar days of their disability. Effective with the eighth (8) day of necessary absence for such illness, each employee shall be authorized, upon his request, to utilize any balance of his accumulated sick leave credits to augment the amount of temporary disability compensation he receives to the extent that the total sum received will result in a payment equal to his regu- lar and normal compensation. The utilization of sick leave for this purpose - 14 - shall end with the termination of the temporary disability or when the ac- cumulated sick leave credits have been exhausted whichever Occurs first. When an employee sustains what they believe to be an industrial injury or illness, the employee shall notify the supervisor immediately, or as soon as is possible. The employee shall prepare and submit a report of injury or illness, and the supervisor shall prepare the supervisor's report, and make distribution. In the event the empioyee is unable to prepare the re- port within 24 hours, the supervisor or a member of the Division/Department staff shall prepare the required report. Benefits will not be paid to the injured employee, and medical bills will not be paid, until the required reports have been filed with Risk Management, and a doctor's first report of injury or illness has been received. The employee has the right to be examined and treated by a physician of their choice, within the required time, of the alleged injury or illness, as re- quired by the Californiai.abor Code. The City shall have the right to require the employee be examined by a physi- cian 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 disabil ity is attributabl e to the "injury involved". Should there be a dispute between the physician selected by the employee and the physician selected by the City, 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. the person 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. ARTICLE 20 Funeral Leave Each employee upon serving a probationary period shall earn one (1) day per each twelve (12) month service unlimited accumulation to be used as funeral leave. Each employee is entitled to use up to. five (5) days in the event of the death of each relative. Such leave shall be charged against this accrual. Any additional time needed may be charged against vacation, float- ing holidays or accumulated sick leave. ARTICLE 21 Leave of Absence Without Pay Leave of absence without pay is a temporary nonpay 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 - 15 - : --:;".;J:~Z'~~~Ablf:>''''''P. "'~"."'VJr"''-' - --_.,~ --~~ six months, upon the positive recommendation of the Department Head and the City Administrator. Under justifiable conditions, said leave 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 re- sult: increased 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 or conditions for which leave of absence with- out pay may be granted are: (1) For an employee who is a disabled veteran requiring medical treatment. .,,:..... (2) For an employee who is temporarily mentally or physically unable to perform his duties. (3) For an employee who files for or assumes elected office. (4) For maternity or paternity leave, upon the recommendation of the attending physician. (5) For military leave when the employee has less than one year of service to qualify for leave with pay. (6) For Union activities, upon designation by the President of Council 36. 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 anniversary date and compen- sation 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 automatic resigna- tion. The City's contribution towards an employee's health and life insurance pre- miums 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 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 15th day of the month, unless the employee is returned to work from 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 may arrange to pay the insurance premiums for the coverage desired (both the employee and the employer portions). It is the responsibility of the employee to contact the Payroll Section in this regard, the payment of the amount of the premiums must be made to the 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 employment with the City is terminated. - 16 - Upon an employee's leturn to work. the City's contrloution towards the em- ployee'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 termin3tes between the first and the fifteenth days 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 or her employment with the City. ARTICLE 22 Bi-lingual ray " Each full-time employee. as designated by the City Administrator and who meets the certification and eligibility requirements as developed by the Hayor and Common Council shall be compensated at the rate of twenty-five dollars ($25) per bi-weekly pay period for each pay period actually worked. There is established a limit of up to twelve (12) such designees for the en- ~. tire City. The job descriptions shall be reviewed annually to determine that the duties assigned to an employee are being performed on a regular and frequent basis. The designated employees must be tested annually for certification and re- certification. Any changes in current procedures established under this Article will be discussed with the Union organization. In the event an eligible employee is on a leave of absence. with or without compensation. the appropriate reduction in the above compensation shall be made. This program will be implemented expeditiously by December 31. 1983. The employees already performing these duties shall be given serious con- sideration. ARTICLE 23 Health and Life Insurance The City will continue "Major Medical Coverage" for the employees in the bargaining unit but with the following clarification: The City offers an employee the choice of one of two plans: Blue Cross or Kaiser. The City's self-insured Blue Cross Plan is the Basic Plan and the Kaiser Plan is the Alternate Plan. A. Basic Plan. The City agrees to pay the full monthly premium rate for either the Employee Only or the Employee and One Eligible Dependent. depending on the individual circumstance. This cost will not exceed $53.05 single and $111.42. with one dependent. -17- _~~:",,-~ _r__~"""~___ ~ '~---_...~...- ~..._~ J Er.....A......___ _ B. Alternate Plan. The City agrees to pay the Basic Plan monthly premium rate currently in effect for either the Employee Only or the Employee and One Eligible Dependent. depending on the individual circumstance ($53.05 and $111.42. respectively) to- ward the Alternate Plan. An employee within the bargaining unit may not add another City employee as a dependent. or be added as a dependent to another employee's City- sponsored health plan. in order to receive "double coverage". An em- ployee who does not choose to be covered under one of the City-sponsored health ins~rance plans may not utilize these funds for any other purpose. In addition to the group health insurance coverage. the City shall provide for each employee within the bargaining unit. five thousand ($5.000) dollars life insurance coverage at no cost to the employee. Beginning July 1. 1983. if the Basic Plan does not cost $53.05 single or $111.42 with one dependent. any excess funds available will be applied toward employee benefits which are meet and confer items. The Insurance Committee. within 90 days of signing of this agreement. will develop recommendations to the City Administrator for an improved medical program. Prior to being submitted to Mayor and Common Council. the meet and confer process shall prevail. . \~... ARTICLE 24 Physical Examinations The City shall pay medical fees for the physical examination of any perman- ent General Employee 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 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 the reimbursement shall not exceed the cost the City would have paid to. its contract physician or medical group. ARTICLE 25 Dental Plan The City agrees to contribute three dollars and fifty cents ($3.50) per month toward an Employee Only participation in the City's sponsored dental plan. - 18 - ARTICLE 26 Optical Plan The City will make available an Optical Plan receptive to the needs of in- terested employees but at no cost to City for employee participation, effec- tive November 1, 1981. '" " THIS PAGE LEFT BLMiK INTENTIONALLY - 19 - ARTICLE 27 Personal Tool Replacement Allowance The City shall provide a tool replacement allowance for stolen, lost or damaged personal tools in an amount not to exceed two hundred dollars ($200.00) per year, per employee in any of the following position class- ifications: (1) Central Garage Division (2) Engineering (3) Park, Recreation & Community Services Mechanics & Servicemen Traffic Signal Electricians Plumbers Construction & Maintenance Personnel Maintenance Personnel Electricians I & II Mechanics (4) Public Buildings Division (5) Fire Department ~~ Claims for the above tool replacement allowance shall be honored provided said personal tools had been adequately marked and inventoried, a report of such inventory filed with the Department Head and said tools were maintained under reasonable and adequate security. Tools stolen or damaged through no fault of the employee will be replaced by the employee and reimbursement therefore 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, or upon termination of the employee from City service for any reason. Damaged tools which are replaced through reimbursement by the City shall be turned into the Department Head and shall become the property of the City. During the term of this Memorandum of Understanding. 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 one hundred dollars ($100.00) to assist in making such purchase. ARTICLE 28 Uniforms and Rain Gear The City shall provide uniforms for the following position classifications: (1) Central Garage Division Equipment Mechanic Senior Mechanic Welder Auto Body Repairman Auto Body Repairman Helper Automotive Serviceman (2) Street Division Eight employees assigned to Sewer Maintenance Skilled Laborer (Street Barricade) Eleven employees assigned to Asphalt Crew - 20 - All Permanent Personnel in the Bargaining Unit as designated by the Chief The City shall provide a cash allowance of $175.00 per person at the start of each fiscal year for uniforms as prescribed by the City to be paid to Animal Control Technicians, Animal Control Aides and Animal Health Tech- nicians of the Animal Control Department and Parking Control Checkers of the Public Buildings Division. ( 3) (4) (5) (6) (7) (8) (9) (10) ~.. Engineering Division* Traffic Signal Electricians Cemetery lalJorer Central Communications Maintenance Personnel Public Buildings Division (street Lighting) Custod"ians Building Maintenance Personnel Electricians I & II Animal Control Kennelman Utility Worker I Park, Recreation & Community Services Maintenance Plumbing Technician Maintenance Plumber Refuse All Permanent Field Personnel Police - Genera1 Employees The City shall make appropriate rain gear available for Refuse Operators, Cemetery personnel, Public Buildings maintenance personnel, Animal Control personnel, Parking Control Checkers, Traffic Signal Electricians of the Engineering Division, and those personnel in the Street Division and Park, Recreation and Community Services Depart~ent who may be required to work in inclement weather. At least ten (10) sets of rain gear shall be main- tained in Central Stores and made available on loan. as needed, to employees in the Central Garage and Engineering Divisions. The City agrees to a cash reimbursement to the Animal Control Technicians and Animal Control Aides in the amount of $125.00 for the purchase of special equipment upon presentation of receipts and a request for payment from the Department Head (a one-time purchase). " " The City agrees to $200.00 per person initially for the original issue for the Police General Employees and, in the second year, a $75.00 per person maintenance~only program. A uniform committee will meet with the Police Chief or his designated representative to determine the personnel desig- nated and the type of uniforms. *Shall be provided 10 sets of uniforms. ART! CLE 29 Education Tuition Assistance Section 1. Purpose A. To encourage the employees of the City of San Bernardino to take college courses and special training courses which will better enable them -- ~ -21- ~.-y.v....,. .___~ . ._~.............."" _:LJI....~_~L---=. _.~"'-~",,-llv,1 -.. _.r...".u1.___............~...__....._..... T~ ~ to perform their present duties and prepare them for increased responsibilities. B. To provide financial assistance to eligible employees for education and training. C. To establish eligibility requirements, conditions and procedures whereby such assistance may be provided. Section 2. Eligibility A. Applications for tuition reimbursement will be considered only from full-time, permanent City employees who have completed probation. B. Reimbursement is not authorized for courses for which the employee is receiving financial assistance from other sources such as the GI Bill, Scholarships, etc. .' C. 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 occupational specialty. D. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to his job may ,~ be reimbursable only after all required occupationally related courses have been completed. (For example, a Fire Engineer is a candidate for an A.A. Degree in Fire Science and has completed all course work directly related to his fire suppression duties. A course in American History is required for the degree. The history course may qualify for tuition reimbursement because the degree can be related to the employee's jOb). E. Prior to receiving tuiti m reimbursement, employees must submit documentary proof of having received a grade or not less than "B" for the course. If objective ratings are not rendered for a specific course, then a certificate of successful compl~tion must be submitted. F. 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. 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 but may be authorized and funded by the interested department upon approval of the City Administrator. G. When an employee is required by his or her department head to attend a particular course or seminar, the expense shall be borne entirely by the Department. . Section 3. Reimbursement A. Reimbursement will be for the cost of tuition or registration fees and the required texts and related material for each course. Additional expenses such as meals and parking fees are not reimbursable. B. Costs for required texts are eligible for one hundred percent (100%) - 22 - reimbursement subj~~t to the following conditions: (1) That a duplicate of the required text(s) was unavailable for loan from the City Administrator's library prior to the commencement of course \'lOrk; (2) That any textbook(s) purchased by the City shall be turned in for placement tu the library maintained by the City Administrator's Office in order that such text(s) may be made available to all employees. C. Tuition or registration costs of u~enty-five dollars ($25.00) or less are eiigible for one hundred percent (100%) reimbursement. Tuition costs in excess of twenty-five dollars ($25.00) are eligible for seventy five percent (75%) reimbursement. Naximum tuition reimbursement per semester is one hundred twenty-five dollars ($125.00) NOTE: Suwmer session shall be counted as a separate "semester" for purposes of this provision. D. 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 equivalent to six (6) "semester" units per semester. One (1) "quarter" unit shall equal t\~o-thirds (2/3) of one (l) "semester" unit. '<>, Section 4. Procedures A. An employee who desires to seek tuition reimbursement under the provisions of this Article must complete, in triplicate, an Educational Reimbursement form and submit it to his or her Department Head for advance approval. B. The Department Head will recommend approval or disapproval and fon~ard the Educational Reimbursement form to the Director of Personnel. C. Ihe Director of Personnel will recowmend approval or disapproval and forward to the City Administrator for final action. One copy will be returned to the employee; a copy will be retained by the Personnel Department; and the triplicate will be returned to the department. It is necessary that the applicant accomplish the procedures so far described in order to ascertain the eligibility of the intended course of instruction for re- imbursement under the provisions of this Article prior to the inception of the course. . D. The employee will submit his or her copy of the approved application to the Personnel Department for reimbursement within three months after completion of the course and final grade has been received. The employee must include official verification of his or her final grade with appropriate receipts for tuition and textbook costs. These will be returned to the employee upon request. Appl.icatioffi not submitted to the Personnel Department within three months following completion of the course become void. E. Upon receipt of the application and required documentation, the Personnel Department will determine whether the completed course of instruction is compatible with the provisions of Section 2 and 3 of this Article. If found to be compatible, the Personnel Department will compute the amount of reimbursement, authenticate the application and forward it to the Finance Department with authorization to reimburse the employee the approved amount from the appropriate budget account. - 23 - ARTICLE 30 Fines The City shall pay for COurt fines imposed upon each permanent G~neral Employee within the unit of representation as a result of his/her con- viction of a traffic violation when such employee was directed to operate any faulty vehicle or vehicular equipment, which was the proximate cause of a mechanical or other traffic violation, provided that such violation did not result from improper or negligent operation of the vehicle on the part of the employee. ARTICLE 31 Witness Leave Employees shall 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 be charged against any accumulated leave balances and shall be compensated ~ at the employee's base hourly rate. ~ ARTICLE 32 Blood Donations: Employees in regular positions who donate blood in the interest of the City without receiving compensation for such donation, may have the req- uired time off with pay with prior approval of the immediate supervisor for each such donation. This benefit shall not be charged to any accum- ulated 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. ARTICLE 33 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 designated repres- entative and a Union representative will immediately meet to resolve the problem. ARTICLE 34 Seniority Department Heads will consider seniority in authorizing vacations. scheduling - 24 - shift assignments ~nd transfers. Seniority shall prevail when all factors are not significantly different. All factors is defined as special qualifications, skills, work performance as well as attendance and safety. An employee shall r.Qt 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 possesses the minimum requirements of knowledge, skill and experience provided that the employee subject to layoff has longer service in his class than the employee he would displace has in his 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 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 Article shall have the right for two years (2) to be re-employed, 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 possess 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 re-employment 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 35 Grievance Procedure Definition of employee grievance: A grievance is an alleged violation of the terms of an existing MOU or of the laws, ordinances, resolutions concerning or affecting wages, hours or other conditions of employment. Whenever the grievance procedure is used under this Memorandum of Under- standing, it will be the exclusive remedy pursued. As used in this procedure, the term immediate supervisor means the lowest level of supervisor not within the general employee representation unit. When a grievance exists, as defined above, a grievant may appeal in accordance with the procedures set forth below. There is provided a mechanism for settling the grievance informally with the immediate supervisor. If this proves unsatisfactory, the grievance can be formally presented in succession to a higher supervisor than the Division - 25 - and/or Department I.~dd, the Personnel Director and, finally, to the City Administrator who will be the ultimate authority. PROCEDURAL STEPS FOR HANDLING OF GRIEVANCES: A. An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and, if he/she desires, the designated Union representative and a supervisor in the employee's chain of command, up to and including the Division Head. Presentation of the grievance shall be made within ten (lO) working days of the incident causing the grievance or of the grievant's knowledge of the incident's occurrence. B. (1) If the grievance is not adjusted to the satisfaction of the employee involved, within five (5) working days after the presentation of the grievance, the grievance shall be submitted in writing, by the employee or his.designated representative to the Department Head, with a copy thereof to the City Administrator and the Personnel Director, within the next ten (10) working days. The Department Head shall meet with the employee and/or his designated represent- ative within five (5) working days of receipt of the written grievance and shall deliver his answer, in writing, to the employee within five (5) working days after the meeting. (2) If the grievance is still not adjusted, the aggrieved party may file a written appeal with the designated City representative within ten (10) working days from the date of delivery of said answer. The designated City representative shall meet with the employee, and, if the employee desires, the designated Union representative, within five (5) days after receipt of the appeal and shall del iver his anS~ler, in writing, to the employee vlithin the five (5) 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 desig- nated representative within ten (10) working days from the date of delivery of said answer. The City Administrator or his designated representative may meet with the employee and, if the employee desires, the designated Union representative, within five (5) days after the receipt of the appeal and shall deliver his answer, in writing, to the employee within the five (5) days after the meeting. . (4) If the grievance is still not adjusted, the parties may agree upon any mutually acceptable impasse procedure, including but not limited to mediation, conciliation or advisory arbitration. The grievant must have the written approval or "sign off" of his/her bargaining unit prior to invoking advisory arbitration submitted to the City Administrator. The impartial mediator, conciliator or advisory arbitrator shall be selected jointly by the City and the aggrieved employee or, if he desires, by his Union representative. The fees and expenses incurred as a result of requesting an impartial mediator, conciliator or advisory arbitrator, to resolve the issue shall be shared equally by the City and the employee or the Union if the Union invokes arbitration. - 26 - (5) If th~ parties agree upon a mutually acceptable impasse procedure but cannot agree upon an arbitrator, a list of five (5) arbitrators shall be obtain2d from the California State Conciliation Service or other mutually agreeable source and each party shall alternately strike one from the list until only one name remains. The first party to strike a name shall be determined by lot. (6) The arbitrator shall have no authority to add to, delete or alter any provision of this Memorandum of Understanding a~ the resolutions governing the employer-employee relations program but shall limit his decisions to the application and interpret- ation of the provisions therein. (7) Any grievance not answered by the City within the specified time limits listed above shall be deemed settled on the basis of the Union's origtnal demand. Likewise, any grievance not answered by the Union within the specified time limits listed above shall be deemed settled on the basis of the last City official's answer. ARTICLE 36 \~ Union Representation When requested by an employee. a Steward may investigate any alleged or actual grievance in the jurisdiction to which a Steward has been assigned, or elsewhere in the City if specifically requested by a grievant and assist in its presentation. If an employee chooses not to be represented at a grievance review by the exclusive recognized Union. and elects to be self-represented. the Union will nevertheless be informed of the nature of the grievance prior to the granting of a grievance review by management. A Steward representing an employee in a grievance proceeding shall be allolied reasonable time during working hours for such purposes, \1ithout loss of tim2 or pay, upon notification to and with the approval of his immediate supervisor and concurrence by his Division or Department Head. Approval to investigate and process a grievance will not be unreasonably withheld.. The privilege of Stewards to 1 eave thei r work duri ng 110rki ng hours I'Ii t:,out loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances within the unit of representation, 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. The Union shall notify the City of the names and work locations of each Steward. A ratio of one Steward for every fifty (50) permanent employees in the unit shall be recognized by the City. Any substantiated abuse of the privileges accorded Steward(s) with regard to reasonable time- off and compliance with the requests of his/her immediate supervisor, if a conflict should arise between duty requirements and the handling of grievances 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 and the local President or his/her designated representative to resolve the problem. Punitive action shall not be taken - 27 - [fl!::T'~~:~ -....... ~-- against employee 'or performing their duties as ~..0p stewards. The Union shall furnish the City Administrator with an up-to-date Steward list each January. ARTICLE 37 Employee Lists The City agrees to provide the Union a list of the names of the employees in the bargaining unit on a quarterly basis commencing with the ratification of this MOU. ARTICLE 38 Polygraph No member of the bargaining unit shall be required to undergo a polygraph examination as a condition for the retention of employment with the City in a non-criminal matter. Nor shall any employee be subject to discipline for refusal to take such an examination in non-criminal matters. , AKTICLE 39 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, rel- igion, national origin, sex, age, marital status, Union membership or because of physical handicap with respect to a position the duties of which can be performed efficiently by an individual with such a physical handicap without danger to the health and safety of the physically handicapped person or to others. ARTICLE 40 Personnel Files (1) The Personnel Department shall keep and. maintain an official personnel file for employees, which shall contain all 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 FEPC or Civil Service matter or grievance. (2) An employee's supervisor 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 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. The file shall not follow the employee upon leaving the jurisdiction - 28 - of the supervisor. Any detrimental material shall not be used after eighteen (18) months from the date of placement of such. Such files shall not contain a copy of any disciplinary action against an employee. (3) Employees and/or their authorized representatives, if authorized by the employee, shall have the right, upon request, to review the contents of their official personnel files and supervisor's files. Such review may be made during working hours, with no loss of pay for time spent, and the e~ployee may be accompanied by his/her authorized representative if he/she so wishes. Reasonable requests to copy documents in the files shall be honored. (4) 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/h2r current address. (5) Any written warning or discipline shall not be considered if, from . the date of the last warning or discipline, eighteen (18) months pass without the employee receiving an additional warning or discipline for such offense or for a similar or related offense. ARTICLE 41 Safety Committee There is hereby established the Employees Safety and Accident Review Board and Safety Committee. The Board Ivill review all recordable accidents (both City equipment and personal injury of City employees) and make recommendations to the proper appointing authority for all corrective actions in estab- lishing 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 e1ect its own officers the first meeting in January and keep Minutes of all it~ meetings, findings and rec- ommendations. The Board is expected to meet at 1:30 p.m. on the second Hednesday each month; (4 members constitute a quorum). At the call of the Chairman afte~ consultation with the Risk Management Coordinator, special Boa;d meetlngs may be held to expedite claim action against the City. The Board s~al~ h~ve the a~thority to recommend to the proper Department Head any dlsclpllnary actlon that should be taken in cases of employee negligence. In all cases, the Board shall recommend to the City Administrator what' steps coVld have been taken to prevent the accident. The employee involved may be requested to appear before the Board. T~e Risk ~anageme~t Coordinator is designated as the Safety Officer and wlll pro~ld; cl~r~cal aid, agendas and proper back-up as well as serving ~s the C~ty s llalson to the Board, advising and supplying material and lnformatlon. When matters are brought to a vote, he shall have no - 29 - vote except in cas of a tie. Both the Union and 2 City will appoint three members each. ARTICLE 42 Labor-Hanagement Committee With the signing of this MOU, there is hereby established a special joint comnittee for the purpose of discussing common problems that are not addressed in other existing procedures such as safety rules and regulations, grievances and Civil Service rules and regulations. The Union shall des- ignate (3) representatives to serve on the committee from different depart- ments. The City shall also designate three (3) representatives to serve on the committee. The committee will select a chairperson who will be respon- sible 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 oftener if necessary at a mutually agreed upon time and place. Recon~endations shall be considered by management. The first Agenda item will be the formulation of a more definitive evaluation system to be uniformly applied. \.~ ARTICLE 43 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. ARTICLE 44 Waiver Clause The parties acknowledge that during the meet and confer process which resulted in this Memorandum of Understanding, 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 understanding 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 Memorandum of Understanding each voluntarily and unqualifiedly waives the right, 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 Memorandum of Understanding, or with respect to any subject or matter not specifically referred to or covered in this Memorandum of Understanding 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 Memorandum of Understanding. ARTICLE 45 Severabil i ty / It is understood and agreed that this Memorandum of Understanding is subject - 30 - 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 of San Bernardino. If any par~ or pro- vision of this Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of those Federal, State or City enactments, or it is otherwise held ta be invalid or unenforceable by any court of competent jurisdiction, such part or provisions shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanai'lg shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the t1emoranduri) of Understanding. ARTICLE 46 Duration of Agreement This Memorandum of Understanding will run for a period of two (2) years commencing July 1,1983 and ending on June 30,1985. ARTICLE 47 Contract The City and the Union will split the cost of the printing of the Memorandum of Understanding to be distributed to all members of the bargaining unit. The Union agrees to pay its share not to exceed $400 of printing costs. ARTICLE 48 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, 1985, that such discus~ions 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. - 31 - All terms and conditions set forth in the Memorandum are hereby acknowledged by each party upon this day of , 1983. CITY OF SAN BERNARDINO. .A~~'4VL ~t.. , City C erk { /[''-ti.. ~,; ,.- J1hZ~v, A~<2 ,,,Z;- U City Attorney. ? ~t..""' .~ ~ INDEX I ADOPTING RESOLUTION II PREAMBLE AND TERM OF MEMORANDUM OF UNDERSTANDING TITLE ARTICLE PAGE Agency Personne.' Rules 4 2 Bi-lingual Pay 22 17 Blood Donations 32 24 Bu 11 et in Boards 33 24 Call-back/Stand-by Assignment & Pay 13 7 Contract . 47 31 Contract Services 3 2 Dental P.lan 25 18 Duration of Agreement 46 31 Education Tuition Assistance 29 21 Employee Lists 37 28 Employee Rights-Skelley Decision 5 3 \-: . Fines 30 24 Funeral Leave 20 15 Grievance Procedure 35 25 Health and Life Insurance 23 17 Higher Acting Classification Pay 14 8 Holidays 16 11 Injury Leave 19 14 Labor-Management Committee 42 30 Leave of Absence Without Pay 21 15 Management Rights 2 1 Non-Discrimination 39 28 tio Stri ke 6 3 Notice of Intent to Reopen 48 31 Optical Plan 26 19 Overtime 17 12 Parking Facilities 43 30 Payment for Unused Sick Leave 18 14 Payroll Deduction for Union Dues 7 4 Personal Tool Replacement Allowance 27 20 Personnel Files 40 28 Physical Examinations 24 18 Polygraph 38 28 PERS 10 6 Recognition/Union Security 1 1 Safety Committee 41 29 Seniority 34 24 Severability 45 30 Shift Differintial 12 7 Sick Leave 17 12 TITLE Uniforms and Rain Gear Union Representation Vacations Wages Waiver Clause Witness Leave Work Periods ,~ .~ ARTICLE PAGE 28 36 15 9 44 31 8 20 27 9 5 30 24 5 "