HomeMy WebLinkAbout1991-147
1
Resolution No. g]-147
2
RESOLUTION OF THE CITY OF SAN BERNARDINO
3 IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE
4 MIDDLE MANAGEMENT BARGAINING UNIT OF THE CITY OF SAN
BERNARDINO REPRESENTED BY SBPEA.
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WHEREAS the designated representatives of the
Mayor and Common Council met and conferred in good
faith with representatives of SBPEA representing the
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unit of Middle Management employees of the city of
San Bernardino in accordance with the provisions of
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Government Code Sections 3500-3510, to agree upon a
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new Memorandum of Understanding (MOU);
WHEREAS such meetings resulted in agreement on an
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MOU (Exhibit A, a copy of which is attached hereto
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and incorporated herein) effective July 1, 1990,
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through December 31, 1991;
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Exhibit A to this resolution is
hereby adopted establishing wages, hours and working
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conditions for employees in the Middle Management
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bargaining unit of the city of San Bernardino.
n
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I HEREBY CERTIFY that the foregoing resolution
was duly adopted by the Mayor and Common Council of
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the city of San Bernardino at a
~eqular
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meeting thereof,
held on the
15th
day of
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Anril
, 1991, by the following vote to wit:
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/ / / /
- 1 -
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNRDINO AND EMPLOYEES IN THE MIDDLE MANAGEMENT
2 BARGAINING UNIT OF THE CITY OF SAN BERNARDINO
REPRESENTED BY SBPEA.
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6
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Council Members AYES NAYS ABSTAIN
ESTRADA x
REILLY x
FLORES x
MAUDSLEY x
MINOR x
POPE-LUDLAM x
MILLER x
~~~
The foregoing
resolution is hereby approved this 17th _.
, 1991~='/1 /"~/~~::/ p .
/~//~~/- ," / ../'/
/ ~ /~'1~:~: M~~O/-v" ..... ////
. " .
C1ty of San Bernard1no
day of
April
Approved as to
19 form and legal content:
20 JAMES F. PENMAN,
city Attorney
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By: k,~.. .-;2
{I
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- 2 -
Res. 91-l47 uCop~cu 4-:5-9:
1990-91
MIDDLE
MANAGEMENT
EMPLOYEES'
MEMORANDUM
OF
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UNDERSTANDING
BETWEEN THE
CITY OF SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF PERSONNEL;
AND THE SAN BERNARDINO
PUBLIC EMPLOYEES'
ASSOCIATION
MID-MANAGEMENT UNIT
MEMORANDUM OF UNDERSTANDING (MOU)
TABLE OF CONTENTS
I. PREAMBLE OF TERM OF MEMORANDUM OF UNDERSTANDING
i
ARTICLE I
ADMINISTRATION
1
section 1
section 2
section 3
Management Rights
Agency Personnel Rules
Labor - Management Committee
1
2
3
ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
3
Section 1
section 2
section 3
section 4
section 5
Recognition
No strike
Payroll Deduction
Grievance Procedure
Non-Discrimination
3
4
5
6
10
ARTICLE III
COMPENSATION
11
section 1
section 2
section 3
section 4
section 5
Section 6
section 7
Wages
Acting Pay
Shift Differential
Wage Differential
PERS
Overtime
Fines
11
12
13
14
14
14
18
ARTICLE IV
FRINGE BENEFITS
18
Section 1
section 2
section 3
Health/Life Insurance
Uniforms
Tuition Reimbursement
18
20
20
ARTICLE V
LEAVES
24
Section 1
section 2
section 3
Section 4
section 5
section 6
section 7
section 8
Vacation
Holidays
Sick Leave
Payment for Unused sick Leave
Injury Leave
Leave of Absence without Pay
witness Leave
Blood Donations
24
27
30
34
35
36
39
40
ARTICLE VI
section 1
section 2
section 3
ARTICLE VII
Section 1
section 2
section 3
section 4
section 5
SIGNATURE PAGE
WORKING CONDITIONS
40
Physical Examinations
Seniority
probationary Period
40
41
41
GENERAL PROVISIONS
42
Waiver Clause
Severability
Printing of Memorandum
of Understanding
Term of Memorandum
of Understanding
Notice of Intent to Reopen
42
43
43
43
44
EXHIBIT 1 - Memorandum of 2-5-91 re: Final Recommendations-
Middle Management Salary survey
INDEX
ADOPTING RESOLUTION
PD: MM.MOU.TOC
4/17/91 ejt
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SAN BERNARDINO
AND THE
SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION
REPRESENTING THE
CITY OF SAN BERNARDINO MIDDLE MANAGEMENT EMPLOYEES
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 San Bernardino
Public Employees' Association (hereinafter known as the
Union) representing the unit of Middle Management 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 Memorandum shall be effective from
July I, 1990, and continue in effect until December 31, 1991.
To the extent that implementation 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.
It is the purpose of this 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. The Union and city will strive to
promote a harmonious relationship between the parties to this
Memorandum that will result in benefits to the city and will
provide continuous and uninterrupted employee services.
-i-
ARTICLE I
ADMINISTRATION
section 1
Management Rights
This Memorandum of Understanding (MOU) shall not be
deemed to limit or curtail the city in any way in the
exercise of the rights, powers, and authority which the City
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,
Ordinances, 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, commission, 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
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Mid Management MOU
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1990-1991
which the City operations are to be conducted; determine the
change and 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; to assign work to and schedule
employees in accordance with requirements as determined by
the City and to 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 to carry out its mission in
emergencies, and to exercise complete control and discretion
over its organization and the technology of performing its
work.
Section 2
Agency Personnel Rules
It is understood and agreed that there exists within the
City in written or unwritten form, certain personnel rules,
policies, practices, and benefits generally contained in 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
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Mid Management MOU
-- 04/17/91
1990-1991
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 provisions modified by the city Council in
accordance with state laws, orders, regulations, official
instructions or policies.
section 3
Labor-Management Committee
The Labor-Management Committee shall be established for
the purpose of discussing common problems that are not
addressed in other existing procedures.
The Union and the
City shall each designate up to three (3) representatives to
serve on the Committee from different departments. 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.
The Union will provide a list of the Committee
members to the Director of Personnel each January and July.
ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
section 1
Recognition
Exclusive recognition of the Union is acknowledged for
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1990-1991
purposes of meeting and conferring on wages, hours and
working conditions,
and of
general representation
of
employees within the unit of representation.
The classifi-
cation titles of those Middle Management permanent employees
in the unit for which the Union has
been recognized
exclusively as the majority representative are listed in
Resolution
6413,
section Eleven,
as amended, and as
subsequently so designated as determined solely by the city;
excluding therefrom 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.
Section 2
No Strike
It is the purpose of this MOU 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,
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Mid Management MOU
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1990-1991
and safety of the city's business and residential communi-
ties. 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. Should any
curtailment or restriction of work take place, paid leave
benefits (sick leave/vacation/etc.) will not be available
during such periods of time.
section 3
payroll Deduction
It is agreed that Union membership dues, insurance, and
premiums for plans sponsored by the Union shall be deducted
by the city from the pay warrant of each employee covered
hereby who files with the city a written authorization
requesting that such deduction be made.
Remittance of the
aggregate amount of all membership dues and insurance pre-
miums deducted from the pay warrants of employees covered
hereby shall be made of the Union within thirty (30) days
after the conclusion of the month in which said membership
dues and insurance premiums were deducted.
The City shall not be liable to the Union employees, or
any other persons by reason of the requirements of this
Section for the remittance of any sum other than that
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Mid Management MOU
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1990-1991
constituting actual deductions made from employee wages
earned.
The Union shall hold the City harmless for any and
all claims, demands, suits, orders, judgments or other forms
of liability that may arise out of or by reason of action
taken by the City under this section.
section 4
Grievance Procedure
PURPOSE:
The City of San Bernardino and the Middle Management
unit realize the importance of a viable Grievance Procedure
to aid in the resolution of disputes. It is recognized that,
to maintain high employee morale and harmonious relations, an
orderly method of processing grievances is necessary. This
procedure is intended to establish a systematic means to
process a grievance and to obtain fair and proper answers and
decisions regarding employee complaints. The representative
of
employees
and management at all levels will make
continuing
efforts
to
secure
prompt
disposition of
grievances. Every effort should be made to resolve grievances
in the informal process.
The initiation of a grievance in good faith by an
employee shall not cast any adverse reflection on his/her
standing with his/her supervisors or his/her loyalty as a
city employee, nor be a reflection on the employee's super-
visor or the department involved.
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Mid Management MOU
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DEFINITION OF A GRIEVANCE:
A grievance is an alleged violation of the terms of this
Memorandum of Understanding.
Appeals arising out of civil
service examinations shall be submitted directly to the civil
service Board.
Allegations of
discrimination shall be
submitted to the Affirmative Action Officer.
The remedy
selected shall be the exclusive remedy pursued.
REPRESENTATION:
The aggrieved employee shall have the right to be
represented. This representation may commence at any step in
the
Grievance
Procedure.
Legal Counsel
or official
representatives of the recognized employee organization only
can represent the employee. No person hearing a grievance
need recognize more than one City employee representative for
any employee at anyone time, unless he/she so desires. If
the employee's Legal Counsel is not from the formally
recognized employee organization, a representative of that
formally recognized organization may attend the grievance
hearing to insure that the solution reached does not violate
the terms of the Memorandum of Understanding.
CONSOLIDATION OF GRIEVANCES:
In order to avoid the necessity of processing numerous
similar grievances at one (1) time, a single grievance may be
filed.
TIME LIMITATION:
Time limitations are established to settle a grievance
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Mid Management MOU
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1990-1991
quickly. Time limits may be modified by agreement of the
parties.
If at any stage of this Grievance Procedure the
grievant is dissatisfied with the decision rendered, it shall
be the grievant's responsibility to initiate the action which
submits the grievance to the next level of review. The
grievant may proceed to the next step if a reviewing official
does not respond within the time limits specified. A formal
grievance may be entered into or advanced to any step if the
parties jointly so agree.
STEPS IN THE GRIEVANCE PROCEDURE:
The procedures outlined herein constitute the informal
and formal
steps necessary
to resolve
an employee's
grievance.
An attempt to settle the grievance in the
informal structure at the employee-supervisor
level is
required. The grievance must be submitted to the Informal
Step within ten (10) working days after the employee is aware
of the conditions precipitating the grievance.
A. Informal:
Initially, the grieving employee shall,
on a
personal
face-to-face
basis,
discuss his/her
complaint
with
his/her
immediate
supervisor
informally.
within five (5) working days the
supervisor shall give his/her decision to the
employee orally.
B. Formal:
(1) If the grievance is not adjusted to the
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Mid Management MOU
04/17/91
1990-1991
satisfaction of the employee involved, within seven
(7) working days after the initial and informal
presentation of the grievance, the grievance shall
be submitted in writing, by the employee or his/her
designated representative to the Department Head
within the next ten (10) working days. The
Department Head shall meet with the employee and/or
his/her designated representative within seven (7)
working days of receipt of the written grievance
and shall deliver his/her answer, in writing, to
the employee within seven (7) 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 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 the 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 within ten (10) working days
from the date of delivery of said answer. The City
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Mid Management MOU
04/17/91
1990-1991
Administrator may meet with the employee and, if
the employee
desires,
the
designated
union
representative, within ten (10) working days after
the receipt of the appeal and shall deliver his/her
answer, in writing, to the employee within ten (10)
working days after
the
meeting.
The
City
Administrator's decision is final and binding on
all parties, unless reversed by a court decision.
(4) 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 original
demand. Likewise any grievance not answered by the
union as above shall be deemed settled on the basis
of the City's last official answer.
(5) Time Limits as stated above, in items (1)-(4)
may be
extended
by mutual agreement of the
employee, his/her representative (if any) and the
City.
section 5
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, 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
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Mid Management MOU
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a physical handicap without danger to the health and safety
of the physically handicapped person or to others.
ARTICLE III
COMPENSATION
section 1
wages
city agrees to contract with a consultant to conduct a
salary survey to be effective the first full pay period in
January 1991. A minimum of 2% increase will be provided.
A Salary Survey Committee shall be formed to make
determinations regarding the implementation of this survey.
This Committee shall be composed of the City Administrator or
designee, a representative from SBPEA, and a neutral selected
by the first two (2) committee members.
Before salary
adjustments are implemented, employees will be notified of
the results, and given an opportunity to present arguments
for changes in the recommendations to the Committee. After
decisions have been finalized, the Committee will make joint
salary recommendations to the Mayor and Common Council. See
Exhibit 1, attached hereto and incorporated herein.
A 4.0% salary increase, shall become effective July 1,
1991 for all unit members.
In addition, in the event that the Consumer Price Index
("CPI", 1982-1984 Index, Urban Consumers, Los Angeles-
Anaheim -
Riverside Metropolitan Area) exceeds eight (8)
percent for the twelve (12) month period ending May 31, 1991,
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Mid Management MOU
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1990-1991
the salary adjustment scheduled for July, 1991 shall be
increased by the amount equivalent to the CPI in excess of
eight percent (8%) but less than ten percent (10%). The
maximum additional increase pursuant to this paragraph shall
be two percent (2%), rounded to the nearest 1/10 percent
(.1%). As an example of the operation of this paragraph, the
following examples are presented:
C.P.I.
Additional Increase
Equal to or less than 8%
.0%
8.1%
.1%
8.5%
.5%
9%
1. 0%
9.5%
1. 5%
10%
2%
Greater than 10%
2%
section 2
Acting Pay
A Middle Management employee who is assigned acting
(complete) responsibility in the absence of his/her superior
by the department head and approved by the City Administrator
shall be paid for same as follows:
The rate of pay shall be a step on the range of the
higher position which allows the "Acting" employee at least a
three percent (3%) increase. The employee shall be paid from
the first day of such assignment. To qualify for such acting
pay, the Middle Management employee must be assigned to same
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Mid Management MOU
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1990-1991
for at least thirty (30) consecutive working days.
The purpose of this section is to compensate a Middle
Management employee during extended absences or vacancies of
Division/Department
Heads,
when the
Middle Management
employee has been formally assigned "acting" capacity. It is
not the purpose of this section to provide such compensation
for
vacation relief, under
thirty (30) days, or for
limited/short term absences.
section 3
Shift Differential
Effective the first full pay period in January, 1991 all
employees
within the bargaining unit assigned to
the
communications division, 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.
A. An employee assigned to the "swing" shift (normal start
and
ending time
of 4:00
p.m.
to 12 midnight,
respectively) shall receive $.25 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 $.35 per hour extra for all
hours actually worked during such assignment.
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1990-1991
section 4
Wage Differential
All Mid-Managers shall receive payment at the step in
the salary range which is not less than five percent (5%)
above his or her highest paid surbordinate.
section 5
PERS
The City will continue to contract with PERS for the
existing retirement benefit plan, and will contribute all of
the seven percent (7%) employee contribution.
section 6
overtime
This overtime article shall replace and supercede the
policy regarding accrual and payment for overtime work as set
forth in Resolution No. 6433.
Compensatory Time Off
Employees subject to this MOU and exempt from the
overtime provisions of the Fair Labor Standards Act (FLSA)
shall be assigned to one of the following four (4) groups and
earn compensation for work performed in excess of forty (40)
hours in a workweek as follows:
Group I
- Group I employees shall be assigned forty
(40) hours of Administrative Leave on July 1st of each year
this M.O.U. is in effect. Unused Administrative Leave may
not be carried forward from year to year and shall not be
paid for at anytime. Group I employees shall not be paid for
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Mid Management MOU
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1990-1991
unused Administrative Leave at anytime. Group I employees
shall not earn any other additional time off or other
compensation for overtime work.
Group I Classifications:
Administrative Operations supervisor I
Associate Traffic Engineer
Building Inspection Supervisor
CATV Production Specialist I
CATV Production Specialist II
CATV Production Supervisor
CATV Programming Supervisor
CID Manager
civil Engineering Associate
Code Compliance Supervisor
Community Center Manager I
Community Center Manager II
Community Services Center Manager
Construction Engineer
Custodial Supervisor
Energy Management Coordinator
Equipment Mechanic Supervisor
Occupational Health Nurse
Parking Control supervisor
Police Communications Oper. Supervisor
Print Shop Supervisor
Real Property Supervisor
Recreation supervisor
Rehabilitation Coordinator
Safety Officer
Senior Buyer
Senior Fire Prevention Officer
Senior Recreation supervisor
Special Olympics Coordinator
Staff Analyst III
Stores Supervisor
Group II - Group II employees shall earn compensatory
time off on an hourly basis for all hours worked in excess of
forty (40) hours in
a
workweek under the
following
circumstances: (a) the overtime work is approved in advance
by the employee's supervisor, and (b) is over an hour in
length.
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Mid Management MOU
04/17/91
1990-1991
Compensatory time off shall only be earned in one (1)
hour increments. Employees may have on the books a maximum of
forty (40) hours compensatory time off at any time. Group II
employees shall not be paid for unused compensatory time off
at any time. Group II employees shall not earn any other
additional compensatory time off or other compensation for
overtime work.
Group II Classifications:
Conservation Crew Supervisor
Police Records Manager
Senior Planner
Group III: - Group III employees shall be paid for all
hours worked in excess of eighty (80) hours in a pay period
at their straight time rate of pay under the following
circumstances:
(a) the overtime work is approved in advance
by the employee's supervisor and (b) is over an hour in
length per day/assignment.
Group III employees shall not
earn any other additional compensatory time off or other
compensation for overtime work.
Group III Classifications:
Animal Shelter Operations Manager
Senior Custodian
Survey Party Chief
Traffic Signal Electrical Supervisor
Group IV - Group IV employees shall be assigned forty
(40) hours of Administrative Leave on July 1st of each year
this M.O.U. is in effect.
Unused Administrative Leave may
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Mid Management MOU
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1990-1991
not be carried forward from year to year and shall not be
paid for at any time. Group IV employees shall not be paid
for unused Administrative Leave at any time.
Group IV
employees shall not earn any other additional time off or
other compensation for overtime work, except for hours worked
over forty (40) hours in a week as a result of the employee
being assigned to work their regularly scheduled days off.
Employees shall be paid at their straight-time rate of pay
for hours worked on their regularly scheduled days off.
Group IV Classifications:
Electrical and HVAC Supervisor
Maintenance Carpenter Supervisor
Maintenance Supervisor
Park Maintenance supervisor
Sanitation Route Manager
Sanitation Route Supervisor
Street Lighting Supervisor
This article shall not apply to the following positions:
Dispatcher Supervisor and Fire Equipment Shop Supervisor, who
are covered under the FLSA.
Nothing
in this Article shall prevent any exempt
employee from voluntarily performing overtime work without
compensation or claim for same.
Only hours actually worked shall be counted for purposes
of calculating eligibility for compensatory time off or
overtime compensation as appropriate. Approved witness leave
as set forth in Article V Section 7 of the M.O.U. and jury
duty leave will be counted as actual hours worked.
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Mid Management MOU
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1990-1991
section 7
Fines
The city shall pay for court fines imposed upon each
regular Middle Management employee within the unit of
representation as a result of his/her conviction 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 IV
FRINGE BENEFITS
section 1
Health/Life Insuranoe
A. The City shall contribute monies toward health
premiums for the employee plus one dependent at the
rate equivalent to Kaiser Premium and the Mission
Dental high option plans.
If premiums increase
during the length of this contract the city will
increase its contribution to pay for the additional
cost based on the same two (2) plans for the
employee plus one dependent.
Effective October
1990 employees will have $267.02 per month to
"spend", cafeteria style, on a health plan, dental
plan, vision plan or additional life insurance plan
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Mid Management MOU
04/17/91
1990-1991
as
made available
through
the
city.
City
contribution monies not utilized on these plans is
not usable in any other way and reverts to the city
if not spent. An employee may use any of the
amounts described in this section to purchase any
or all of the insurance benefits described.
B. An employee must purchase medical insurance offered
by the City in order to utilize any of the con-
tributions described in Article IV section A.
C.
In addition to the
contribution described in
Article IV, section A, the City shall contribute a
maximum of $16.00 per month per employee to be used
exclusively for the purchase of medical insurance
benefits.
D. The Accidental Death and Dismemberment plan in
effect at this time shall remain in effect for the
term of this agreement.
E. Cafeteria monies may be redesignated or a change of
plans may only be made annually during the open
enrollment period in accordance with the rules
established by the insurance plan selected by the
employee. Plan additions and drops shall be made
in accordance with the rules established by the
insurance plan selected by the employee.
F.
All employees shall participate
in
the city
sponsored long term disability insurance plan.
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Mid Management MOU
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1990-1991
Employees shall pay the premium for long-term
disability
insurance.
The
city's
insurance
contributions may be used to purchase long-term
disability insurance.
The plan shall provide for
long-term disability benefits as set forth in the
existing long-term disability policy.
section 2
Uniforms
The Animal Shelter Operations Manager shall receive a
uniform allowance of $250 annually.
section 3
Tuition Reimbursement
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 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. Eliqibilitv
A. Applications
for tuition reimbursement will be
considered only from unit members/employees who have
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Mid Management MOD
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1990-1991
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/her job may be
reimbursable only after all required occupationally
related courses have been completed.
E. Prior to receiving tuition reimbursement, employees
must submit documentary proof of having received a
grade of not less than "B" for the course. If
objective ratings are not rendered for a specific
course, then a certificate of successful completion
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
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1990-1991
curriculum of a recognized educational institution,
do not fall within the purvue 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 depart-
ment head to attend a particular course or seminar,
the expense shall be borne
entirely
by
the
Department, outside of this section.
section 3. Reimbursement
A. Reimbursement will be for the cost of tuition or
registration fees and the required textbooks 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%)
reimbursement and the
employee may retain the book(s).
C. The amount of reimbursement shall be the equivalent
of the tuition costs for six (6) units per quarter
as charged by the California state University -San
Bernardino; or one and one-half times that amount if
based on a semester system.
section 4. Procedures
A. An employee who desires to seek tuition reimburse-
ment under the provisions of this Article must
complete,
in
triplicate,
a
city
Education
Reimbursement
form and
submit it
to his/her
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Mid Management MOU
04/17/91
1990-1991
Department Head for advance approval.
B. The Department Head will recommend approval or
disapproval, based on job relatedness, and forward
the Educational Reimbursement form to the Director
of Personnel.
c. The Director of Personnel will recommend approval or
disapproval based on availability of budgeted funds
for education tuition assistance and forward to the
city Administrator for final action. One (1) copy
will be returned to the employee; a copy 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 reimbursement
under the provisions of this Section 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
(3)
months after
completion of the course and final grade has been
received.
The employee
must include
official
verification of his/her final grade with appropriate
receipts for tuition and textbook costs. These will
be
returned
to
the
employee
upon request.
Applications not submitted to the Personnel
Department within three (3) months following
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Mid Management MOU
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1990-1991
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 Section. If found to be
compatible and funding available as described in
this section, 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.
ARTICLE V
LEAVES
Section I
Vacation
A. All employees within the Union covered by this MOU shall
be entitled to annual paid vacations as follows:
completed years
of Continuous Rate of Accrual (Approximate
Service* Per Month ** Vacation Davs)
1 year *** 0.8330 working days (10 working days)
5 years 1.2500 working days (15 working days)
15 years 1. 6670 working days (20 working days)
20 years 2.0833 working days (25 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 (1) year.
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Mid Management MOU
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1990-1991
At the time of 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 had 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 allowable or payable beyond the calendar year
when due.
Vacation credits may be accrued and accumulated up
to a maximum of three (3) years total accumulated vacation
credits upon approval by the Department Head. Vacations or
portions 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
vacation of a succeeding year; and a period of three (3) or
more months should normally elapse between the expiration of
one (1) year's vacation and the commencement of the next
year's vacation.
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Mid Management MOU
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1990-1991
The vacation period to which any employee shall be
entitled shall be assigned by the Head of the Department in
the calendar year when due, except with the Department Head,
with the approval of the Mayor, determines that an emergency
or other valid factors prevent the employee from utilizing
his/her vacation during the calendar year when due. Should
this occur the employees vacation should be rescheduled at the
very earliest mutually acceptable date. Vacation requests
will not be unreasonably denied.
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 but unused
vacation or deduction for used but unearned vacation shall be
made on the basis of the hourly rate of pay being received by
the employee on the date of separation.
G. 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, 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 or absence, based upon the total length of
service of the employee.
H. Whenever the terms "year or years of employment"
appear herein, it shall be deemed to include all services for
26
Mid Management MOU
--04/17/91
1990-1991
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 one-half (1/2) days with prior department
approval.
K.
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 (10) months or more of compensated service within the
twelve (12) months period immediately preceding the date of
the employee's return
to
service;
and that employees
compensated on a daily basis, working six (6) days a week,
shall have completed two-hundred-sixty-one (261) or more
compensated days within the
twelve (12)
months period
immediately preceding the date of the employee's return to
service. This section shall not apply to employees who have
not completed one (1) year of actual compensated employment.
section 2
Holidays
A. All employees shall be entitled to thirteen (13)
holidays each year. The following days will be holidays for
the purpose of this Memorandum of Understanding:
New Year's Day
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Mid Management MOU
--04/17/91
1990-1991
Martin Luther King Jr. Day
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Two (2) floating days - per year (see "B")
B. Each Department Head shall consider any request of
an employee as to preference for taking
the floating
holidays, provided however, the final right to allow the days
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 (6)
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 com-
pensation for said floating holiday.
The Department Head
will not "unreasonably" withhold permission to take time off
for the floating holidays.
All full-time employees within the bargaining unit,
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Mid Management MOU
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1990-1991
with the exception of those employees shown in the following
paragraph 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 becomes necessary for a middle
management employee to work on any of the above mentioned
holidays, except as provided herein, he/she shall receive pay
at the regular rate and shall be allowed another day off at
full pay, as approved by the Department Head, or may be paid
for the extra day, as approved by the Department Head.
C. unit members in the Central Communications Division
working a shift schedule, and employees of the Police Depart-
ment except personnel assigned to work a normal five (5) day
work week, shall be allowed In-Lieu Time Off for above
holidays at full pay when such holidays occur within the
regularly assigned working 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 determined by the head of the
department with the approval of the City Administrator. 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 (1) year of the date said in-lieu
time was earned. Employees of the Public Services (Refuse)
Division, except clerical employees, and certain designated
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Mid Management MOD
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1990-1991
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 holidays observed the
day before Christmas and the day before New Year's Day. Said
employees shall receive an additional day's pay for each such
holiday on which they are required to work. If such holidays
occur on a normal day off for said employees, they shall
receive no additional pay.
D. Holidays as listed above shall be allowed on a
Monday if any such holiday falls on Sunday, and shall be
allowed on the preceding Friday if such holiday falls on a
Saturday, for all employees except those covered by other
provisions herein.
E. Holidays earned in any twelve (12) month period may
not be accumulated beyond the total number of holidays
allowed each year by this MOD.
section 3
sick Leave
A. sick leave means the absence from duty of an employee
because of illness or injury, exposure to contagious disease,
attendance upon a member of his/her immediate family who is
seriously ill and requires the care of or attendance of, an
employee, or death in the immediate family of the employee.
Immediate family means: Husband, wife, grandmother, grand-
father, mother, father, sister, brother, son or daughter or
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Mid Management MOU 1990-1991
--04/17/91
mother-in-law, father-in-law, sister-in-law, brother-in-law,
son-in-law or daughter-in-law.
Not more than five (5) days 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. Not
more than five (5) days of sick leave may be granted to an
employee for each absence due to death of a member of his/her
immediate family as defined above.
Upon the Department's request, an employee must provide
a physician's statement 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 to a physician's statement
after any absence.
No absence due to illness or injury in excess of five
(5) working days shall be approved
except after
the
presentation of satisfactory evidence of illness 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/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
the County Health 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
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Mid Management MOU
--04/17/91
1990-1991
compensation. In the event of the refusal of any person to
submit to such examination after notification, the Mayor or
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 the County Health Officer
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, the employee shall notify his/her immediate supervisor
prior to or within four (4) hours after the time set for
beginning his/her daily duties, or as may be specified by the
head of his/her Department. When absence is for more than
one (1) work day, the employee may be required to file a
physician's certificate or a personal affidavit with the
Director of Personnel 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/her
discretion, but shall be allowed only in case of necessity
and actual personal sickness or disability, except as
32
Mid Management MOU
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1990-1991
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/she shall be allowed to take
his/her vacation in the next calendar year, but must take
said vacation prior to the time he/she returns to work after
his/her illness or injury.
Whenever, the term "service of the 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 employees of the City of San
Bernardino who are actively on duty, have been in the service
of said City for six (6) 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 by which is compensable
under Article V, section 5, "Injury Leave", shall receive
their full salary, wages or compensation for a period of one
(1) day for each month of continuous service; provided that
such salary, wages or compensation shall cease upon the
exhaustion of all accumulated
sick leave; and further
provided that sick leave shall not accumulate while said
employees are being compensated under Article V, section 5,
"Injury Leave". Said sick leave may be accumulated without
limit and approved time off with pay for sick leave, holiday
payor approved vacation, shall be considered as time worked
33
Mid Management MOU
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1990-1991
for purposes of the accrual of sick leave.
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 V, section 2, "Holidays".
sick leave shall not
accumulate during periods of leave of absence without pay.
The words "working day" shall mean a normal eight (8) hour
day to which an employee has been assigned to work.
The six (6) working days of sick leave granted after six
(6) calendar months of continuous service as herein provided,
shall be computed at the rate of approximately 3.7 hours per
pay period. In the event an employee works less than fifty
percent (50%) of the total normal work hours in the pay
period, he/she shall receive no sick leave benefit for such
pay period and shall not be credited with the 3.7 hours of
sick leave.
Whenever an employee uses all allowable sick leave,
further absences may be charged against accrued vacation,
administrative
leave, compensatory
time, or
with the
appropriate approval the employee may take loss of pay rather
than vacation.
section 4
payment for Unused sick Leave
Unused sick leave is payable at any resignation without
prejudice (including death and retirement) up to a maximum of
fifty percent (50%) of a one-hundred-twenty (120) day cap.
34
.
Mid Management MOU
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1990-1991
Example, a balance of one-hundred (100) sick leave days = a
fifty (50) day payoff, and a balance of one-hundred-fifty
(150) sick leave days = sixty (60) day payoff. (60 = 50% of a
120 day cap).
section 5
Injury Leave
All regular employees shall
be granted industrial
accident or illness leave for the first seven (7) calendar
days of their disability. Effective with the eighth (8th)
day of necessary absence for such illness, each employee
shall be authorized, upon his/her request, to utilize any
balance of his/her accumulated sick leave credits to augment
the amount of temporary disability compensation he received
to the extent that the total sum received will result in a
payment equal to his regular and normal compensation. The
utilization of sick leave for this purpose shall end with the
termination
of the temporary disability or
when
the
accumulated sick leave credits have been exhausted whichever
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 possible. The employee
shall complete his/her section of claim form for worker's
compensation benefits and return it to supervisor. The
supervisor shall
prepare
the supervisor's report, and
complete the claim form for appropriate distribution. In the
event the employee is unable to prepare the report within
35
.
Mid Management MOU
--04/17/91
1990-1991
twenty-four (24) hours, the supervisor or a member of the
Division/Department staff shall prepare the required report.
The employee has the right to be examined and treated by
a physician of his/her choice, within the required time, of
the alleged injury or illness, as required by the California
Labor Code.
The city shall have the right to require the employee 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 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.
Section 6
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 six (6)
36
.
Mid Management MOU
--04/17/91
1990-1991
months, upon the positive recommendation of the Department
Head and 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 (1) of the following
benefits will result: 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 without 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/her 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 (1) year of service to qualify for leave with
pay.
An approved leave of absence without pay for less than
sixty (60) days in any calendar year will not be considered a
break in service.
Leave in excess of sixty (60) days shall
result in the advancement of the employee's anniversary date
and compensation advancement date to such date as will
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Mid Management MOU
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1990-1991
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
resignation.
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 fifteen (15) days of the month, nor beyond
the last day of the next succeeding month if the leave of
absence without pay becomes effective after the fifteenth
(15th) day of the month, unless the employee is returned to
work from leave of absence without pay status prior to the
date of 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 employee and the
employer
portions).
It is the responsibility of the employee to
contact the Personnel Department in this regard. The payment
of the amount of the premiums must be made to the City prior
to the date which the City's participation will terminate.
Payments must be made directly monthly thereafter to the
insurance carrier 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
38
Mid Management MOU
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1990-1991
contribution towards the employee's health and life insurance
premiums will begin on the first (1st) day of the month
following the end of the leave of absence without pay if that
leave of absence without pay terminates between the first
(1st) and the fifteenth (15th) days of the month, or on the
first (1st) day of the next succeeding month if the leave of
absence without pay terminates after the fifteenth (15th) 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.
section 7
witness Leave
unit members 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.
39
Mid Management MOU
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1990-1991
section 8
Blood Donations
Employees in regular positions who donate blood in the
interest of the city without receiving compensation for such
donation, may have the required time off with pay with the
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.
ARTICLE VI
WORKING CONDITIONS
section 1
Physical Examinations
The City shall pay medical fees for the physical
examination of any permanent member 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
40
Mid Management MOU
--04/17/91
1990-1991
cost the City would have paid to its contract physician or
medical group. Physical exams taken by a Middle Management
employee on a voluntary basis are not reimbursable by the
City. However, if a Department Head requires a Middle
Management employee to maintain a Class A or Class B drivers
license, such license exams as required will be scheduled
with the City's contracting physician at no cost to the
Middle Management employee.
section 2
seniority
Department Heads will consider seniority in authorizing
vacations and scheduling shift assignments and transfers.
Seniority shall prevail when all the
factors are not
significantly different. "All 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.
section 3
Probationary Period
Employees joining the Mid-Management unit on or after
January 1, 1986 shall have a probationary period of one (1)
year. After successfully completing same, the seniority date
shall be from the last date of hire within the Department,
Division or section.
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Mid Management MOU
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1990-1991
ARTICLE VII
GENERAL PROVISIONS
section 1
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 MOU
each voluntarily and
unqualified 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 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. This MOU contains items
which fully satisfy all claims (alleged or proven) as a
result of the prior Management/Confidential agreement, of
which the Middle Management Unit was once a part.
42
~
Mid Management MOU
--04/17/91
1990-1991
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 of San Bernardino. 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 provisions 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
printing of Memorandum of Understanding
The City and the Union will share the cost of the
printing of the MOU as follows:
The Union agrees to pay for the cost of the copies to be
distributed to its unit members.
section 4
Term of Memorandum of Understanding
This Memorandum of Understanding will run for the period
starting July 1, 1990 and ending December 31, 1991.
43
.
Mid Management MOU
--04/17/91
1990-1991
section 5
Notice of Intent to Reopen
The parties agree that, if either party desires to
propose changes in the terms or conditions of this MOU for
the period following expiration of this MOU, notice shall be
given to the other not later than the last working day of
August 1991, 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.
44
MID-MANAGEMENT UNIT
MEMORANDUM OF UNDERSTANDING
1990-1991
~;'
city of San Bernardino
/)
c-
~~M- \~
San Bernardino Public
Employees Association
(SBPEA)
/h.,Jh.p/J)O.0/e~nJ
City's Designated
Representative
4L J_ j~~
'l?~ /j ~/~
,I)~-/ P '7L-<l
ATTEST:
~~1uL ~~
cit: Clerk
Approved as to form and legal content:
cjl~Vk",J
PD: MM.MOU.SIG
3-21-91
slm
EXHIBIT 1
city of San Bernardino
INTEROFFICE MEMORANDUM
9101-1902
FROM:
All Middle Ma~a~em7nt fmployees
.&-~~:nJ
Barbara D111on, Personnel Director
TO:
SUBJECT: Final Recommendations
Survey
Middle Management Salary
DATE:
February 5, 1991
COPIES:
Shauna Edwins, City Administrator; Salary Survey
Committee; All Department/Division Heads
-------------------------------------------------------------
Attached is the final salary recommendation for your classi-
fication. This information will be submitted for approval to
the Mayor and Common Council with a recommended effective
date of January 14, 1991.
You should be aware that some of the salary survey
information was adjusted downward based on incorrect salaries
that were originally given to the consultant. The two
agencies involved were:
1. The City of Glendale, which added seven percent of
the PERS contribution to the base salary;
therefore, the seven percent had to be removed from
the salary to reflect actual base salary.
2. The City of Anaheim, which reported a salary range
that did not include the control point. The
control point is the top of the salary range and
thus had to be utilized.
Therefore, if your classification used either of these two
cities in the original comparison, you will notice a change
in the final salary recommendation.
Additionally, as an outcome of the appeal you or a co-worker
may have submitted, you may notice a difference in the final
recommended salary, since all information regarding your
classification was re-verified.
The city and the union representatives have agreed upon a 10%
cap on all positions surveyed. Those employees recommended
for an increase of 10% or less will receive their full step-
to-step increase, effective January 14, 1991. Those employ-
ees recommended for an 11% or greater increase will receive a
10% increase as of January 14, 1991, and the balance of their
increase effective the first pay period of July, 1991.
INDEX
TITLE
Acting Pay
Agency Personnel Rules
Blood Donations
Fines
Grievance Procedure
Health/Life Insurance
Holidays
Injury Leave
Labor - Management committee
Leave of Absence without Pay
Management Rights
No strike
Non-Discrimination
Notice of Intent to Reopen
Overtime
Payment for Unused sick Leave
Payroll Deduction
PERS
Physical Examinations
Printing of Memorandum
of Understanding
Probationary Period
Recognition
Seniority
Severability
sick Leave
Shift Differential
Term of Memorandum
of Understanding
Tuition Reimbursement
Uniforms
Vacations
wage Differential
Wages
Waiver Clause
witness Leave
PD: MM.MOU.INDEX
4/15/91
slm
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