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RESOLUTION NO. '7 9 - 2 r;, S
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF
UrWERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE AMERICAN FEDERATION
OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 36, LOCAL 122, AFL-CIO
(GENERAL PERMANENT EMPLOYEES), COMMENCING ON THE FIRST DAY OF JULY, 1979,
AND ENDING THE LAST DAY OF JUNE, 1980.
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WHEREAS, the City's negotiators have met and conferred with the repre-
sentatives of the American Federation of State, County and Municipal
Employees, Local 122, in accordance with the provisions of the Meyers, Milias
and Brown Act of the State of California, and;
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WHEREAS, the City's representatives and the Union representatives
have reached a Memorandum of Understanding for the period commencing on
the first day of July, 1979, and ending the last day of June, 1980, and;
WHEREAS, said Memorandum of Understanding has been reduced to writing
and a copy thereof is attached hereto marked Exhibit "A" and incorporated
herein by reference as though fully set forth at length.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
1. That the Memorandum of Understanding between the City of San
3ernardino and the American Federation of State, County and Municipal
Employees, Local 122, dated June 26, 1979, for the Bargaining Unit of
General Permanent Employees for the period commencing on the first day of
July, 1979, and ending the last day of June, 1980, a copy of which is
attached hereto and incorporated herein, is hereby approved.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by
the Mayor and Common Council of the City of San Bernardi no at a .ry~A./"
meeting thereof, held on the 9 day of ~~
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1979, by the following vote, to wit:
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AYES:
Councilmen ~ /b, .J~n
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NAYS:
ABSENT: ~
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The foregoing resolution is hereby approved this ;1 ~ day of
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, 1979.
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ARTICLE
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TABLE OF CONTENTS
I ADOPTING RESOLTUION
II PREAMBLE AND TERM OF MEMORANDUM OF UNDERSTANDING
TITLE
Recognition/Union Security
Agency Personnel Rules
Management Rights
No Strike
Payroll Deduction for Union Dues
Work Periods
Wages
Wage and Salary Survey
Step Advancements
Ca11-back/Stand-by Assignment & Pay
Vacations
Holidays
Personal Leave
Health and Life Insurance
Physical Examinations
Dental Plan
Sick Leave
Application of Sick Leave
Payment for Unused Sick Leave
Personal Tool Replacement Allowance
Uniforms and Rain Gear
Educational Tuition Assistance
Higher Acting Classification Pay
Fines
Seniority
Union Representation
Grievance Procedure
Non-Discrimination
Waiver Clause
Severabi 1 i ty
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SAN BERNARDINO
AND
THE AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO
LOCAL 122
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 Federation of State,
County and Municipal Employees, AFL-CIO, Local 122 (hereinafter
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 Memorandum shall commence on July 1, 1979,
unless otherwise provided for, and continue until the last day
of June, 1980. 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.
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ARTI ClE 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 classi-
fication 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 sea-
sonal; 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 con-
cerns are involved; provided, however, the representation rights of. the
Union as exclusive representative shall not be compromised thereby.
ARTICLE 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 bene-
fits 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 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.
In the case of proposed changes to the Resolutions, other than by agree-
ment, the Union shall be consulted with prior to the consideration of
these changes by the Mayor and Common Council, except in cases of emer-
gency, in which cases the Union will be consulted with as soon as possible
after the changes.
ARTICLE 3
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 had prior to entering into this understanding, except to
the extent that the provisions of this Memorandum of Understanding speci-
fically curtails or limits such rights, powers, and authority. Further-
more, the City retains all its exclusive rights and authority under City
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Charter, Ordinance, Resolution, 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 constit-
uent departments, commissions, and boards; set standards of selection for
employment and promotions; direct its employees; establish and enforce
dress and grooming standards; determine the methods and means to relieve
its employees from duty because of lack of work or other lawful reasons;
maintain the efficiency of governmental operations; determine the methods,
means, and numbers and kinds of personnel by which government operations
are to be conducted; determine the content and intent of job classifica-
tions; determine methods of financing; determine style and/or types of
City-issued wearing apparal, equipment or technology to be used; determine
and/or change the facilities, methods, technology, means, organizational
structure and size and composition of work force and allocate and assign
work by which the City operations are to be conducted; determine 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 in-
cluding, 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 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 4
No Stri ke
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. It is recognized that
any work disruptions are unproductive to City operations and services pro-
vided 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 business and residential communities. Thus, the Union and the
City will strive to promote a harmonious relationship between the parties
to this Memorandum that will result in benefits to the City and will pro-
vide continuous and uninterrupted employee services. It is, therefore,
further agreed that the Union shall not, on behalf of itself and its mem-
bers, individually or collectively, engage in any curtailment or restric-
tion of \'lOrk at any time during the term of this Memorandum of Understanding."
ARTI ClE 5
Payroll Deduction for Union Dues
The City agrees to provide Union dues deductions for Union members only
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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
remittance of any sum other than that constituting actual deductions made
from employee wages earned.
Dues shall be deducted from the pay of each employee who signs an author-
ized 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 deducted shall be by written authorization from the
Union provided. however. that the Union shows proof that the general mem-
bership has voted and approved any change in the amount of dues. The
employee's earnings must be sufficient after other legal and required
deductions are made to cover the amount of the dues checkoff authorized.
When a member in good standing of the Union is in a non-pay status for an
entire pay period or is in a non-pay status during only a 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 organi-
zation 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.
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 6
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 schedu1ed to work on regular
starting and quitting times.
Work schedules shall be posted on all department bulletin boards showing
the employees' shift. workdays, and. where known. hours.
3.
It is understood and agreed that Department Heads shall establish such
work schedules as may be necessary for the efficient and economical pro-
vision of services for public, and to make such adjustments 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. If the Union wishes to consult with manage-
ment 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 problems arising as a result of the proposed
changes.
ARTICLE 7
Wages
Effective the first pay period in FY 1979-80, the wages for the employees
within the bargaining unit shall be increased 7% over current base rate.
City Resolution No. 6413, Section g, as amended, shall be amended to reflect
the wage increase accordingly.
If the granting of a wage increase of 7% would result in the termination
of employees within the bargaining unit, the City and Union shall reopen
discussion on said wage increase in an effort to minimize the impact on
the number of employee layoffs.
ARTI CLE 8
Wage and Salary Survey
Prior to January 1, 1980, the City a9rees to conduct with input and parti-
cipation by the Union, a wage and salary survey utilizing the following
cities: Anaheim, Corona, Fullerton, Garden Grove, Ontario, Orange, Pasadena,
Pomona, Rialto, San Bernardino County, Riverside City and County, Santa Ana,
and Whittier. Seven cities will be mutually selected and "benchmark"
classes will be chosen for salary comparability. Consultants will be hired
to perform the study. Selected local labor market data from the immediate
Riverside-San Bernardino County areas will be utilized in the wage-salary
survey when positions are determined to be comparable to class~fications
included in the survey. There will bp. no salary reductions as a result of
the study. The finding and methodology of the salary survey shall be jointly
reviewed by the City and Union. The results of the salary survey, which may
require modifications and adjustments, will be implemented upon completion,
or 'not later than February 1, 1980, whichever comes first.
ARTICLE 9
Step Advancements
The Union and the City agree that City Resolution No. 6413, Section Five,
Subparagraphs (b) and (c), as it affects employees of the bargaining unit,
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shall be amended to reflect that an employee's step advancement to step "B"
or "C" shall be based upon the positive recommendation of his/her Depart-
ment Head.
ART! CLE 10
Call-back/Stand-by Assignment & Pay
Call-back: When a permanent General Employee within the unit of repre-
sentation 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 at the full regular rate. The
employee will be assured a minimum of two (2) hours full pay while in
call-back status. An employee cannot be in stand-by and call-back status
in concert.
Stand-by: For those permanent General Employees within the unit of re-
presentation who are scheduled by their Department or Division Heads 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 com-
pensated in addition to the actual time worked as follows:
A. An employee assigned to "stand-by" duty during his her regular
work-week, exclusive of his/her Saturday or Sunday, shall re-
ceive 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.
B. An employee assigned to "stand-by" duty on his/her Saturday or
Sunday shall receive four (4) hours pay at his/her regular rate,
for each day of such duty.
C. An employee assigned to "stand-by" duty for the 24-hour period
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, which may include
employees in *overtime status, will be posted in the depart-
ment or division office. Stand-by and overtime will be as-
signed on a rotation basis. Only those employees who appear
first on the list will have the right to reject an assignment
to over.time, stand-by, and call-back. Employees rejecting
such assignments will automatically be placed on the bottom
of the list. The employee listed next must take the assignment.
An employee has the option of rejecting such assignments only
once and must accept when called upon in the next rotation.
*Overtime is, for purposes of this sectiom, defined in City
Resolution 6433, Section 14.
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ARTICLE 11
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
Service
Eligible Days of
Vacation
Rate of Accrual Per
Month
1 year
5 yea rs
10 years
20 years
10 worki ng days
15 worki ng 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
accrued but not used. In the event said employee has been permitted to
take vacation which exceeds the number of hours actually accrued, a deduc-
tion 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 two 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 or more months should normally elapse between
the expiration of one year's vacation and the commencement of the
next year's vacation.
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 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.
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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 un-
earned vacation shall be made on the basis of the hourly rate of pay
being received by the employee on the date of termination.
G. When an employee returns to work after a break in "continuous service"
as defined in Section 9 of Resolution 6433, and when such break in
"continuous service" shall have been by leave of absence with the ap-
proval 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.
ARTICLE 12
Holidays
A. All employees shall be entitled to eleven (11) holidays each year. The
following days will be holidays for the purpose of this Memorandum of
Understanding:
January 1
Last Monday in May
July 4
First Monday in September
November 11
4th Thursday in November
Friday following 4th Thursday
in November
December 24
December 25
December 31
Anytime 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 one floating holiday, provided however, the
final right to allot the day to be observed is exclusively reserved
to the Department Head.
New Year's Day
t~emori a 1 Day
Independence Day
Labor Day
Veterans Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
One Floating Day
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
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regular assigned working periods provided they are in a paid status
during any portion of the working day immediately preceding or suc-
ceeding the holiday. If it becomes necessary for an employee to work
on any of the above mentioned holidays, 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 Department Head.
C. Dispatchers of Central Communications Division working a shift sched-
ule, 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 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
the needs of the department, as determined by the Head of the Depart-
ment 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 year of
the date said in-lieu time was earned. Employees of the Refuse Dis-
posal Department, except clerical employees, and certain designated
employees of the City Garage needed to support the Refuse Disposal
Department 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-month period may not be accumulated
beyond the total number of holidays allowed each year by this Memo-
randum of Understanding.
ARTICLE 13
Personal Leave
The City and Union agree that the privilege afforded bargaining unit
members of allowing "personal leave" to be charged against any accured
sick time, to which an employee may have a current vested right, no longer
serves the interests of the parties. Therefore, it is mutually agreed
that Section Five and one-half of City Resolution 6433, as amended, is no
longer applicable to the bargaining unit members and shall be discontinued.
Said Resolution shall be amended to reflect the change accordingly. Proposed
change was not concurred with by Employee Representative--retained by Mayor
and Common Council after hearing objections raised by Employee Representative.
8.
ARTICLE 14
Health and Life Insurance
The City agrees to pay the monthly health insurance premium cost for a
single employee, or the employee and one eligible dependent, in one of
the two City-sponsored group health insurance plans. The employee may
select either of the two following plans: Kaiser or Blue Cross. The
City will pay $31.46 for employee only and the amount of $74.27 for one
dependent. Kaiser rates for employee coverage has been changed from
$34.14 to $34.50 for employee only and from $68.26 to $68.98 for sub-
scriber and one family dependent.
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" at an extra
cost to the City. An employee who does not choose to be covered under
one of the City-Sponsored health insurance plans may not utilize these
funds for any other purpose.
In addition to the group health insurance, the City shall provide for each
employee within the bargaining unit, three thousand dollars ($3,000.00)
life insurance coverage at no cost to the employee.
ART! CLE 15
Physical Examinations
The City shall pay medical fees for the physical examination of any per-
manent General Employee within the unit of representation when such exam-
ination 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.
ARTI CLE 16
Dental Plan
City agrees to councel with all employee organizations and solicit pro-
posals for a prepaid dental plan to be made available to all employees,
and agrees to make the necessary payroll deductions for those employees
who wish to avail themselves of the plan selected.
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ARTICLE 17
Sick Leave
The provisions of City Resolution No. 6433, Section Five, "Sick Leave",as
they pertain to permanent General Employees within the unit of represen-
tation shall remain in effect, unless or until modified or amended with
the consent of both the Union and the City.
ARTICLE 18
Application of Sick Leave
In addition to the City's pol icy on "Sick Leave" as contained in City
Resolution No. 6433, Section Five, as amended, and as may be found appli-
cable to the bargaining unit members herein, the City and Union desire to
reaffirm their mutual concern relative to sick leave.
The Union and the City agree to the principle that sick leave is a benefit,
not a right, and should not be abused. Sick leave shall be allowed only
in the case of illness, accident, or other eligible situation necessi-
tating absence from the City. Furthermore, the Union and the City agree
that the abuse of this benefit is detrimental to City operations.
ARTICLE 19
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
representation upon retirement, or to the estate 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 com-
pensation exceed sixty working days of such leave.
ARTICLE 20
Personal Tool Replacement Allowance
The City shall provide a tool replacement allowance for lost, stolen, or
damaged personal tools in an amount not to exceed one hundred fifty
dollars ($150.00) per year per employee in any of the following position
classifications:
(1) Central Garage Division
(2) Electrical Division
Mechanics and Servicemen
Electricians I and II
Apprentices
Lineman
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(3) Park and Recreation
Depa rtment:
(4) Public Buildings Division:
(5) Fire Department
Pl umbers
Construction and Maintenance
Personnel
Maintenance Personnel
Mechanics
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 main-
tained under reasonable and adequate security. Tools lost, stolen, or
damaged through no fault of the employee will be replaced by the employee
and reimbursement therefor 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
in to 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 dol-
lars ($100.00) to assist in making such purchase.
ARTICLE 21
Uniforms and Rain Gear
The City shall provide uniforms for the following position classifications:
(1) Central Garage Division:
Equipment Mechanic Foreman
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 Barracade)
Five Assigned to Asphalt Crew
(3) Electrical Division:
Lineman
Apprentice Electrician
Electrician I and Electrician II
(4) Cemetery:
Laborer
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(5) Central Communications:
(6) Public Buildings Division:
Maintenance Personnel
Custodi ans
Building Maintenance Personnel
Parking Control Checkers
(7) Animal Control:
Kennelman
The City shall provide a cash allowance of $150.00 per person at the start
of each fiscal year for uniforms as prescribed by the City to be paid to
Animal Control Technicians of the Animal Control Department.
The City shall make appropriate rain gear available for Refuse Operstors,
Cemetery personnel, Public Buildings maintenance personnel, Animal Control
Technicians, Parking Control Checkers, and those personnel in the Street
and Electrical Divisions and Park and Recreation Department personnel who
may be required to work in inclement weather. At least ten sets of rain
gear shall be maintained in Central Stores and made available on loan, as
needed, to employees in the Central Garage and Engineering Divisions.
ARTI CLE 22
Educational Tuition Assistance
The City shall reimburse City employees for tuition costs for cour'ses or
training classes for which prior City approval has been received. Only
job-related courses which will increase the value of the employee to the
City will be considered. Reimbursement for said tuition costs shall be
made at the completion of the training class, upon the condition that the
employee achieve a passing grade of "B" or better. Reimbursement for books
required for an authorized course or courses may be permitted, provided
said books are tendered to the City at the time reimbursement for tuition
is requested.
ARTICLE 23
Higher Acting Classification Pay
Upon approval by the City Administrator, a Department Head may assign 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 em-
ployee so-assigned in writing by the Department Head, with the approval
of the City Administrator, will serve an initial work-demonstration period
of thirty (30) 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 for
not to exceed thirty (30) additional working days. The entire period of
assignment at the higher classification, including the initial work-
12.
demonstration period may not exceed (60) working days. A period of no
less than six months must elapse before the employee can be reassigned
to perform duties in the higher classification. The six-month interval
of time shall be calculated from the last day of compensation for service
at the higher classification. The reassignment period may not exceed
thirty (30) working days and the employee will be compensated at the
higher rate of pay during said reassignment period.
ARTICLE 24
Fines
The City shall pay for court fines imposed upon each permanent General
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 os fhe vehicle on
the part of the employee.
ARTICLE 25
Seniority
Department Heads will consider seniority in authorizing vacations, schedul-
ing shift assignments and transfers. Seniority shall prevail when all
factors are equal. Seniority for these purposes is herein defined to be
the length of service of the employee within the Department, Division, or
Section of current assignment.
ARTICLE 26
Union Representation
When requested by an employee, a Steward may investigate any alleged or
actual grievance in the jusisdiction 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 exclusively 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 al-
lowed reqsonable time during working hours for such purposes, without loss
of time or pay, upon notification to and with the approval of his immediate
supervisor and concurrenCe by his Division or Department Head. The priv-
ilege of Stewards to leave their work during working hours without 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
13.
at all times, except when necessary to leave their work to handle griev-
ances as provided herein. A Steward will not be granted time-off, nor
compensation for the purpose of handling grievances outside the unit of
representation for 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 if the Depart-
ment Head concurs. The Union shall notify the City of the names and work
locations of each Steward. A ratio of one Steward for every (6D) per-
manent employees in the unit shall be recognized by the City. Any sub-
stantiated abuse of the privileges accorded Stewards with regard to rea-
sonable 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 for a special consultation session to resolve the problem.
ARTICLE 27
Grievance Procedure
Definition of Employee Grievance: A grievance is an alleged violation of
the terms of an existing Memorandum of Understanding or of the Laws,
Ordinances, Resolutions, etc., concerning or affecting wages, hours, or
other conditions of employment. Rectification of alleged violations of
the City's Affirmative Action program or the City's Civil Service Rules
and Regulations will be pursued through procedures established therefor.
Where a, as defined above, grievance, exists, a grievant may appeal in
accordance with the procedures set forth below. This provides a mechanism
for settling the grievances informally with the immediate supervisor. If
this proves unsatisfactory, the grievance can be formally presented, in
succession to the Division and/or Department Head, the Director of Labor
Relations, the City Administrator, and finally, to the Mayor and Common
Council, until resolved.
PROCEDURAL STEPS FOR THE HANDLING OF GRIEVANCES:
A. An attempt shall be made to ascertain all facts and adjust all griev-
ances 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 (10) working days of the
incident causing the grievance.
B. (1) If the grievance is not adjusted to the satisfaction of the em-
ployee involved, within five (5) working days after the presentation
of the grievance, the grievance shall be submitted in writing by the
employee of 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
14.
meet with the employee and or his designated representative 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 deliver his answer in
writing to the employee within the five (5) days after the meeting.
(3) 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
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 ad-
visory arbitrator, to resolve the issue shall be shared equally by
the parties.
(4) If the parties agree upon a mutually acceptable impasse procedure
but cannot agree upon an arbitrator, a list of five (5) arbitrators
shall be obtained 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.
(5) The arbitrator shall have no authority to add to, delete, or
alter any provision of this Memorandum of Understanding or the resolu-
tions governing the employer-employee relations program but shall
limit his decision to the application and interpretation of the provi-
sions therein.
(6) If the grievance is still not adjusted, or if the parties fail to
agree upon a mutually acceptable impasse procedure after all reasonable
means of settlement have been exhausted, the aggrieved party may file
a written appeal to the Mayor and Common Council for final determination.
ARTICLE 28
Non-Descrimination
The City and the Union agree that there shall be no discrimination against
employees within the bargaining unit because of race, color, creed, reli-
gion, national origin, sex, age, marital status, Union membership or be-
cause of a 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 per-
son or to others.
15.
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ARTICLE 29
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 nego-
tiable issues and that the understanding arrived at by the parties after
the exercise of that right and opportunity are set forth herein. There-
fore, the City and the Union for the life of this Memorandum of Under-
standing, each voluntarily and unqualifiedly waives the right, and each
agrees that the other shall not be obligated to meet and confer with
respect to any subject or matter referred to, or covered in this Memo-
randum 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 nego-
tiated or signed this Memorandum of Understanding.
ARTICLE 30
Severabi 1 ity
It is understood and agreed that this Memorandum of Understanding is sub-
ject to all current and future applicable Federal and State laws and regu-
lations 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 Memorandum of Understanding is in conflict or
inconsistent with such applicable provisions of those Federal, State, or
City enactments, or is otherwise held to be invalid or unenforceable by
any court of competent jurisdiction, such part or provision shall be sus-
pended and superseded by such applicable law or regulations, and the re-
mainder of this Memorandum of Understanding shall not be affected thereby.
The parties hereto agree to refrain from initiating any action that would
invalidate any part of this Memorandum of Understanding.
16
-
All terms and conditions set forth in this Memorandum are hereby acknow-
ledged by each party upon this 26th day of June , 1979.
CITY OF SAN BERNARDINO
JJ. (//1
aM ; Cec::;l..
;~irector of Labor Relations
'-;01l(;~/l
City Librarian
)
AFSCME, COUNCIL 36, LOCAL 122,
AFL-CIO
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Member, Union Negotiating Team