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HomeMy WebLinkAbout1984-496 RESOLUTION NO. C,,--~% 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UNDER- STf\!mING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE 2 DEPARTMENT BENEFIT ASSOCIATION COMMENCING NOVEMBER 12, 1984, AND TERMINATING NOVEMBER 31, 1988. 3 WHEREAS, the City's negotiators have met and conferred with the represent- atives of San Bernardino Police Officers Association in accordance with the 4 5 6 provisions of the Meyers-Milias-Brown Act of the State of California; and WHEREAS, the City's representatives and the Union representatives have reached a Memorandum of Understanding for the period commencing on the eleventh day of November, 1984, and terminating the last day of November, 1988; and Whereas, said Memorandum of Understanding has been reduced to writing and 7 8 9 10 a copy thereof is attached hereto, marked Exhibit "A" and incorporated herein 11 by reference as though fully set forth at lenq'tl1, 12 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 13 14 SECTI ON 1. The Memorandum of Understanding between the City of San 15 ! i I Bernardino and the San Bernardino Police Department Benefit Association, dated ! I: !i 'I I I 16 November 12, 1984, for the Bargaining Unit of Police Safety Employees for the 17 period commencing on the eleventh day of November, 1984, and ending the last 18 day of November, 1988, a copy of which is attached hereto and incorporated ]9 herein, is hereby approved. 20 SECTION 2. The Mayor of the City of San Bernardino is hereby authorized and directed to execute the Memorandum of Understanding for and on behalf of the City of San Bernardino. 21 22 23 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a reguJar 24 25 19th day of NoveMber ,1984, by the meeting thereof, held on the II following vote, to wit: 26 27 28 10 11 12 1 AYES: Counei 1 Members Reill'!, t1arks. Ouiel, Frazier, 2 strickler 3 NAYS: ABSENT: None 4 council ":embers Castaneda, Hernandez 5 6 4 fLu.;}1 (}-. , ity Clerk (i t tMJS-~ J. 7 8 9 The foregoing resolution is hereby approved this ~/'~ day of November , 1984, 13 14 Approved as to form: 15 ~~ Ci Attorney 16 17 18 19 20 21 22 23 / 24 25 26 27 28 j2(-"Ir~ MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE SAN BERNARDINO POLICE OFFICERS This Memorandum of Understanding constitutes a mutual recommendation between the designated representatives of the Mayor and Common Council of the City of San Bernardino (hereinafter referred to as the City) and representatives of the San Bernardino Police Officers Association (hereinafter referred to as the Association), representing the sworn non management police officers included but not limited to the fol- lowing classifications: Police Officer, Juvenile Officer, Detective, Senior Identification Inspector, Lieutenant and Sergeant; CHY of San Bernardino. To the extent that implementation of the issues incor- porated herein requires action by the Mayor and Common Council this Memorandum will serve as a request and recommendation to such body that it be so implemented. Upon adoption by the Mayor and Common Council the terms and conditions of this Memorandum shall commence on the eleventh day of November, 1984 and continue until the 30th day of November 1988. It is the purpose of the Memorandum for the parties hereto to confirm and maintain the spirit of cooperation which has existed between the City of San Bernardino and the employees of the City. The City and the Association will strive to promote a harmonious relationship be- tween the parties to the Memorandum that will result in benefits to the City and to provide continuous and uninterrupted police services. . . I . DEFINITION OF T,ERMS , Administration: Appointment Authority: Association: City: Department: Division: Employee/Public Safety Offi cer: Emp 1 oyee Organization: Employer: Gender: Mandatory and Permissive: Member: Memorandum of Agreement/ Memorandum of Understanding/ M.O.U. Singular and Plural: Tense: Shall include any elected or appointed official of the City and any employee of the City whose job classification is a Management or Confidential em- ployee. The Chief or.Assistant Chief of the San Bernardino Police Department. The San Bernardino Police Officers Association (SBPOA) Shall mean the City of San Bernardino. The San Bernardino Police Department. "Division" shall refer to anyone of the major Di- visions of the Department. The term "employee" shall i nc 1 ude all sworn per- sonnel within the Police Department bargaining unit. The Police Department Benefit Association (SBPOA). Shall include the City of San Bernardino, the Police Department, or any Management or Adminis- trative representative or Elected Official thereof. The masculine gender also includes the feminine. "Shall" is mandatory, "May" is permissive. "Member" shall include Police sworn personnel by PC 830-1 as defined. Shall mean the contractual obligation between the City and the employees of the Unit. The singular also includes the plural. The present tense shall also include the past and future. . II Memorandum of Understanding Police Safety Employees TABLE OF CONTENTS I PREAMBLE ANO TERM OF MEMORANOUM OF UNDERSTANDING II DEFINITION OF TERMS III TABLE OF CONTENTS ARTICLE TITLE PAGE 1 1 1 1 2 3 4 5 5 5 6 6 6 7 7 7. 8 8 9 9 9 10 10 11 11 11 11 11 13 15 15 16 16 16 16 17 17 18 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Agency Personnel Rules Recognition Nondiscrimination Management Rights Employee Rights Wages Health/Life Insurance Physical Fitness Workers Compensation Injury Deferred Compensation Retirement Plan Leave Provisions Re-emp1oyment Probationary Periods Standard Work Day Overtime Assignment to Higher Position Shift Change Seni ority Employee-Employer Relations Committee Shift Schedules On Call j CallBack. Standby Safety Equipment Replacing/Repairing Personal Property Books and Tuition Allowance Court Fines Rain Gear/Utility Uniforms Safety Committee Investigation Rights Political Activity Personnel Files Polygraph Examination Financial Disclosure Locker Search Mutual Aid Use of City Resources Payroll Deductions Employee Representatives (cont i nued) ~ III TABLE OF CONTENTS - CONTINUED ARTICLE TITLE PAGE 39 Grievance 18 40 No Strike 22 41 Contract Printing 22 42 Notice of Intent to Reopen 22 43 Waiver Clause 22 44 Severability 22 45 Settlement Agreement 23 46 r4utua 1 Release 23 47 Prevailing Benefits 23 IV SIGNATURE PAGE V INDEX VI ADOPTING RESOLUTION . ARTICLE 1 Agency Personnel Rules It is understood and agreed that there exists within the City 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. These documents will continue in ef- fect, except for those provisions modified by the City Council in accordance with State Laws, orders, regulations, official instruc- tions or policies. In the cases of proposed changes, by other than agreement, the City shall consult with the Association, or meet and confer when required by statute. In cases of emergency, the Asso- ciation and City will meet as soon as possible after the changes. ARTICLE 2 Recognition Formal recognition of the Association is acknowledged for purposes of meeting and conferring on wages, hours, working conditions, and other terms and conditions of employment and of general represent- ation of its members. The Association has been recognized formally as the majority representative of the Police Officers and other sworn, non members of the San Bernardino Police Department, here- inafter referred to as members. It is acknowledged that the classi- fication of Lieutenant is currently in the bargaining unit affected by this M.O.U. and that same may be designated as "Management" and placed in the "Police Management Unit" during the term of this M.O.U. without loss of M.O.U. provided benefits. ARTICLE 3 Nondiscrimination The provisions of this agreement shall be applied equally by the City and the Police Association, to all employees covered hereby without favor or discrimination because of race, sex, age, national origin, political or religious opinions or affiliations or Asso- ciation membership. ARTICLE 4 Management Rights This Memorandum of Understanding shall not be deemed tolimit.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 Un- derstanding, except to the extent that the provisions of the Memorandum of Understanding specifically curtail or limit such . , ARTICLE 4 - (~ont'd) Management Rights (cont'd) rights, powers and authority. Furthermore, the City retains all its exclusive rights and authority under City Charter, Ordinance, Resolutions, State and Federal law, and expressly and exclusively retains its management rights which include but are not limited to: The exclusive right to determine the mission of its constituent de- partments, commissions, and boards; set standards of selections for employment and promotions except as they relate to wages, hours and working conditions; direct its employees; establish and enforce dress and grooming standards, maintain the efficiency of governmental op- erations; determine the methods, means and numbers and kinds of personnel by which government operations are to be conducted; de- termine the content and intent of job classifications; determine methods of financing; determine style and/or types of City issued wearing apparel, equipment or technology to be used; provided that no such measures as threaten the safety of employees shall be ad- opted; 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, provided, however, that no such measures threaten the safety of employees shall be adopted; determine the change and number of work locations, relocations and types of operations; processes and materials to be used in carrying out all City func- tions including, but not limited to, the right contract for or sub- contract 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 as set forth in this Memorandum of Understanding; establish and modify productivity and performance programs and standards; dis- charge, suspend, demote, reprimand, withold salary increases and benefits, except such as are mandated by City Charter; or other- wise 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. ARTICLE 5 Employees' Rights Employees shall have all the rights which may be exercised in ac- cordance with State Law, the Charter, and applicable ordinances, resolutions, rules and regulations. A. The right to form, join and participate in the activi- ties of employee organizations of their own choosing for the purpose of representation on all matters of employer- employee relations. B. The right to refuse to join or participate in the activi- ties of employee organizations and the right to re- present themselves individually in their employment re- lations with the City. . 2 ARTicLE 4 - (cont'd) Employees' Rights (cont'd) C. The right to be free from interference, intimidation, re- straint, coercion, discrimination, or reprisal by other employees, employee organizations, management or super- visors, as a result of their exercise of rights indicated in (A) and (B) above. ARTICLE 6 Wages A. During the term of the Memorandum of Understanding, the monthly salaries of local Safety members of the San Bernardino Police Department shall be fixed annually on August 1st, in accordance with the City Charter, Article X, Section lB6, as follows: At the amount equal to the arithmetic average of the monthly salaries, paid or approved for payment to local Safety members of like or most nearly comparable positions of ten cities of California with populations of between 100,000 and 250,000 as shown in the latest Annual Report of Financial Transactions of California Cities published by the State Controller. B. The ten cities used for fixing the monthly salaries shall be those ten cities remaining from an original and com- plete list of all California cities in the 100,000 to 250,000 population range based on the latest Annual Report of Financial Transactions of California Cities, published by the State Controller after representatives of the City and the appropriate recognized employee organization have alternately struck the names of cities from the list one at a time until the names of ten cities remain. The re- presentatives to strike the first name from the list shall be determined by lot. C. In the event one or more of the ten cities does not have one or more of. the comparable position classifications, the monthly salary for the particular classification shall be computed as the arithmetic average of the next highest and next lowest comparable position classification of that City. D. The salaries paid in step "a" shall be the same as the arithmetic average of the starting salaries of the com- parable positions in the ten cities and the salaries paid in step "e" shall be the same as the arithmetic average of the top salaries paid in comparable positions in the ten cities. The salaries paid in steps "b", "c" and "d" shall be fixed at amounts which will cause the local Safety members in the San Bernardino Police Department to advance from the starting steps to the maximum pay steps in approxi- mately equal salary advances. . ~ ARTICLE 6 - (cont'd)' Wages - (cont'd) E. New Employees: New employees shall normally be hired at the "a" step of the established base ,salary range. Variable entrance steps may be established if justified by prior service or lateral transfer. F. Other: All police officers shall be entitled to receive, in addition to their regular salary and as may be appro- priate, one of the levels of incentive payment as outlined below: (1) One hundred twenty-five dollars ($125) additional base pay compensation per month shall be paid each police officer who has obtained a Peace Officer Standards and Training (P,O.S.T.) Advanced Cer- tificate. (2) Seventy-five dollars ($75) additional compensation per month shall be paid each police officer who has obtained a Peace Officer Standards and Training (P.O.S.T.) Intermediate Certificate. ARTICLE 7 Health Life Insurance A. The City shall continue its present police of providing emplovee qroup insurance, with increases as follows: Ef- fective with the payroll p~riod starting 11/12/84, up to $80 per monthwjll ,be contributed towards City sponsored. medicaJplan of.an Uemployeealone" enrollment and up to $135 per month will be contributed towards the Cit~ spon- soredmedical plan of an "employee and dependent(s)" en- rollment. Contribution monies above the. cost of the medi- cal plillls:may not be utilized in any other manner and re- vert to the City. B. On or about January 1,1985 and in conjunction with health plan open enrollment, the City will convert to a cafeteria type plan for Association members (see attached form). A single member with no dependents will have access to $80 per month to "spend", cafeteria style, on a health plan, dental plan, vision plan or additional life insurance plan as made available through the City. A member with de- pendents will have access to $135 per month, to "spend", as above. Some purchase of dependent insurance is re- quired in order to have access to the $135 amount. City contribution ($80/$135) not utilized on these plans is not usable in any other way and reverts to the City if not utilized. . I;, I: j" 0 .. '" .. "i - ~ .."0 ,.,.... - CO CO" 0_ ... .. CO 0> "'CO '" e- .. -~ " _0 .. 0_ .. ..- CO COO '" W,., - VI CO'" . "'''' '" ..... '" 0 ,., ... 0 , "0 <i. o L.: ....."CI; e ':" f POLICE SAFETY U~IT . i,' EMPLOYEE NAHE: TO THE EHPLOYEE: The City of San Bernardino contributes $BO per month (for an employee without dependents) and $135 per month (for an employee with dependents) tO'lards City approved plans as stated below. Some dependent insurance must be elected by the employee in order to be granted $135 per month. If the total cost of plans selected exceed the appropriate contribution, a pay~ roll deduction authorization is needed. Non "spent" contribution reverts to the City. I. Automatically provided by the ,City: Life Insurance in the amount of $5,000 (covel'age/benefit) at no cost. COSTS $ ~ II. Employee Optional Benefits: Circle the correct rates as appropriate and transfer the correct amounts to the right. An en,'ollmentcard "ill be required fOI' each new plan. Employee Employee w/1 Employee ,,/2+ , Only dependent dependents PLAN Blue Cross ------.. $ ~ * Kaiser Dental Optical Extra Life Ins. (prOOf of good health req'd. at open enrollment) , , t :1 :! 'i i "i ,j I ! i .) : i TOTAL $ . * IF THE EI.1PLOYEE DOES NOT DESIRE HEALTH INSURANCE, TliE FOLLOWING STATEHENT HUST UE SIGNED: I do )lot "ant to enroll in a health benefits plan at this time. I understand that'if I do not enroll at this time, then I may not join a health plan until such time as an open enrol- lment period for the appl icable plan occurs in the future. I understand that "open o:;roll- ment" usually takes place in November of each year, "ith health plan coverage startiny in January. Employee Signature: Date: III. Total Amount of Benefits Selected: CONTRIBUTION: (Personnel Office to circle correct amount) NOTE: Some type of dependent insurance must be selected in order to qualify for the dependent level of contribution. . DIFFERENCE: If "+", sign payroll deduction form below, IV. IF "_", sign statement V below. $ -'----- $ BO or_$135 + $ - $ IV. Payroll Deduction Authorization: I hereby authorize the above listed fringe benefit selection. Please deduct from my paycheck the amounts which are applicable as shown. I understand that this fringe benefit selection "ill remain in effect until the next open enrollment periOd and that plan sign ups and cancel- lations by me are only permitted during this period, "ith the exception of the addition of a new dependent or the loss of one. Employee Signature: Date: $__. pel' month $ pel' pay ----elII'd: v. I understand th.:It I have not l'spent" all the benefit contribution monies provided me lIy the City and am a"are that this amount reverts back to the City and may not be used els...:here by me. I understand that this benefit selection "ill remain in force until the nexL open enrollment periOd and that plan sign ups and cancellations by me are only permitted dut'ill9 this period. ",ith the exception of the addition of a new "dependent or the 105s of Oll~" ." Employee Signature: pate: ______. Ck/Review: "Pt',"sonnel FiJ'ance~, ARTICLE 7 (cant'd) Health Life Insurance (cont'd) C. Cafeteria monies may be redesigned/change of plans may be made annually during the open enrollment period. The amounts of $80/$135 remain constant throughout the life of this M.O.U. D. The City shall provide life insurance coverage of $5,000 at no cost to the member. E. The City shall consult with the Association in the selec- tion of all Health Plans and the Association shall re- ceive a copy of the available health-life insurance claims experience, upon its request, provided that privacy in- formation is not violated. ARTICLE 8 Physical Fitness A. The City shall pay medical fees for the physical ex- amination of any Police Officer when such examination is required and directed by the City. B. The City and the Association agree to set up a committee to work out a physical fitness program and a physical ex- amination program on a 3 year plan. The committee shall have 6 members, 3 selected by the City and 3 selected by the Association. The first meeting of this Committee shall be no later than February II, 1985. ARTICLE 9 Workers' Compensation Injury Employees will have a choice of Doctor and Hospital on work related injury, in accordance with existing State Labor Code. The parties understand that Association may submit the issue of the. applicability of California Government Code Section 45010 as it per- tains to City Resolution No. 6433, Section 6, for determination by way of an action for declaratory judgment to be filed in the San Bernardino County Superior Court. The City does not waive its defense that this issue has been decided in favor of the City by a binding decision of the Court of Appeal, nor does the City hereunder agree to pay any costs or expenses of the litigation. ARTICLE 10 Deferred Compensation The City shall continue to sponsor a Deferred Compensation Plan which shall be available to employees on a voluntary basis. Unspent "cafe- teria" contributions may not be diverted into a deferred compensation or like plan. . - 5 - ARTICLE 11 Retirement Plan A. The City shall continue to support an employees' retirement plan for members, by contract with the California Public Employees' Retirement System, which is commonly referred to as the CHP Plan 2% at age 50. B. The City will contract with 'PERS to provide the "highest 12 month" retirement formula. The process to implement same will be started immediately upon the approval of this M.O.U. by all parties. C. The City will pay certain percentages, as noted below, of the members' contribution to the State Retirement System, credited to the employee's account as a fringe benefit: Effective With the payroll period beginning 11-12-84 4%* 8-1-85 8-1-86 8-1-37 +1% +1% +1% *The 4% decreases to 1% when the "highest 12 month" formula is im- plemented. ARTICLE 12 Leave Provisions Unless modified by Court order, the prOV1Slons of City Resolution No. 6433, as amended, as of April 6, 1978, concerning sick leave, injury leave, vaca- tions, holiday leave, leave of absence without pay and other leave, as they apply to police officers, shall remain in effect. ARTICLE 13 Re-employment An employee who has terminated City employment, and who is subde- quently rehired in the same classification in a regular position within a ninety (90) day period, may receive restoration of salary step. Seniority shall begin anew as of the rehire date. All other authorized benefits shall accrue as of the date of rehire. . r ARTICLE 14 Probationary Periods The probationary period for positions in this Unit shall be twelve (12) months from the date of hire. ARTICLE 15 Standard Work Day The standard work day represents the tour of duty for which an em- ployee is regularly scheduled for work during a twenty-four (24) hour period commencing from the start of the employee's assigned shift. A regularly scheduled tour of duty which commences before midnight and ends the following day shall be reported for payroll purposes as time worked for the day in which the tour of duty began. ARTICLE 16 Overtime A. Policy: It is the policy of the City to discourage overtime ex- cept when necessitated by abnormal or unanticipated work-load situations. The City has the right to require overtime to be worked as necessary. Consistent with this policy the Chief of Police will make every effort to assign overtime evenly among the employees with similar skills or assignments. B. Definition: Overtime is defined as all hours worked in excess of regularly scheduled work week, or forty (40) hours per week. All overtime shall be reported in increments of fifteen (15) minutes and its nonaccumu1ative and nonpayable when incurred in units of less than (15) minutes. Holiday leave, sick leave, and vacation leave shall be con- sidered as time worked for purposes of computing overtime com- pensation. Standby or on-call time shall not be used for pur- poses of calculating overtime. Court time shall not be util- ized for purposes of computing premium pay. C. Compensation: An employee who works overtime authorized by the Department shall be compensated at time and one half effective 11-12-84 and thereafter. Payment for overtime shall be made on the first regular payday following the pay period in which over- time is worked, unless overtime compensation cannot be computed until some later date, in which case overtime will be paid on the next regular payday after such computation can be made. The em- ployee may decide that he/she be paid for overtime or accumulate such overtime. Payment for unused accumulated overtime shall be made upon termination, retirement or paid to the survivor upon death of the employee. Such determination must be made at the time the employee submits the overtime slip. Accumulated over- time shall not exceed one hundred sixty (160) hours. If an em- ployee reaches one hundred sixty (160) hours, he/she must accept pay for any overtime exceeding that maximum. . -7- ARTICLE 16 - (cont'd) Overtime (cont'd) The foregoing condition for premium pay will be suspended during an emergency period as declared by the Common Council via the filing of an application for disaster relief. Overtime during these periods will be at straight time or straight compensatory time off. ARTICLE 17 Assignment to Higher Position An employee of the Police Department temporar1y acting in a pos- ition in a higher rank during periods of absence of the incumbent or during a vacancy in the position for more than ten (10) con- secutive working days, shall receive the same salary for the higher rank to which he/she would be entitled, were he/she promoted to that rank during the period in which the employee is acting in the higher rank. The Chief of Police shall certify monthly as to the assign- ment and the period of time worked in the higher rank to validate entitlement to the higher salary. This article does not apply to a situation in which there is no vacant higher level position for which funds have been appropriated. Substantive addition of duties of a higher level classification to an employee's budgeted position should be considered fqr a classi- fication to an employee's budgeted position should be considered for a classification study. ARTICLE 18 Shift Exchange Subject to authorization of the Chief, Assistant Chief, Captain or Shift Commander, employees in the Unit should be allowed to ex- change time with other employees of equal rank on the following basis: 1. Time exchanged shall be with equal rank and be agreeable with both parties and shall be requested in a memo signed by both employees. 2. The time exchange requested shall be initiated with the immediate supervisor of the employee requesting the exchange. 3. Time exchanged may be by one standard work day or by one-half standard work day. 4. Time exchanged shall be repaid by one standard work day or by one-half standard work day, within a 28-day period. 5. Since this is done for the convenience of the elnployee, in no case shall a shift exchange or repayment of a shift ex- change be considered in computatJon of overtime. ARTICLE 19 Seni ority Seniority is herein defined to be an employee's length of service, with no break in service, within the Police Department and/or . classification in which the employee is presently assigned. The Department may consider seniority in vacation scheduling, shift assignments and transfers within classification. ARTICLE 20 Employee-Employer Relations Committee The Association will designate three (3) representatives who will meet with a City Representative and Representatives of Police Administration on a mutually agreeable basis to discuss matters pertinent to the welfare of the City and the employees. The Associ- ation may have additional representatives present when appropriate for the discussion of scheduled matters. Normally such meetings shall be during regular working hours. ARTICLE 21 Shift Schedules Since the four (4) day, ten (10) hours per day plan (4/10) has been a successful method of operation in the Patrol Division, it shall continue, with exceptions of special details within that Division. All other employees shall operate on the basic eight (8) hour day, five days per week. Supervisors shall develop a schedule designed to insure that officers on their shift will receive appropriate lunch and coffee breaks. It is recognized that during the term of this agreement it may be necessary for Management to make changes in the number of hours in a standard day, tour of duty, or shift to meet the needs of the service. Except for emergencies or in case of special needs, where Management finds it necessary to make such changes, it shall notify the Association indicating the proposed change prior to its im- plementation. Where such change would significantly affect the working conditions of a significantly large number of employees in the Unit and where the Association requests to meet with Management, the parties shall expeditiously undertake to consult as provided by Section 3500 et. seq. of the California Government Code regarding the impact the change would have on the employees in the Unit. . Q- ",- ARTICLE 22 On Call, Call-Back, Standby Any employee in "on-call" status will receive four (4) hours pay for all or any portion of a twenty-four (24) hour day. If "called- back" any time within the fir~t four (4) hours of "on-call", the time worked wi 11 be deducted from the four (4) hours "on-call". If the "call-back" occurs after four (4) hours expi re, "ea ll-back" time will be clocked from the time the employee receives the call to report. Compensation for that time is in addition to the "on- ca 11" status. In the event an employee is placed on standby for court subpoena the employee will receive three (3) hours standby pay. If the employee is called to court and does not go beyond 1200 hours in that day, it will be considered part of the three (3) hours standby. If the employee has to appear after the noon recess, any additional time will be added to the three (3) hours standby plus one-half (1/2)) hour travel time. In cases where the subpoena is for 1330 hours, or another time, the standby will start with time stated on the subpoena. In those cases where the subpoena is fOr 1330 or later, the employee's time will be computed at the amount of time between the time of subpoena and 1700, plus thirty (30) minutes travel time. In the event the employee is required to pay parking fees, the em- ployee will be reimbursed. If the employee is required to stay through noon recess, he /she will be paid for the actual time spent. All standby, on-call and call-back will be at the regular straight rate. ARTICLE 23 Safety Equipment A. New employees who are required to have safety equipment, will be furnished same on a one-time basis including safety eq- uipment hardware, leather and safety vests. B. The City shall furnish regularly-assigned motorcycle officers the following items as initial issue: (1) safety helmet; (1) pair boots; (2) pair of riding breeches, which are declared to be necessary for the safety of the officer as specified under Labor Code Section 6401 and Government Code Section 5008.1. Replacements will be issued upon return of worn-out items. It shall be the duty of each employee to use normal diligence in their use and any willful damage or loss shall obligate the em- p 1 oyee to replace the item at his or her expense. Upon re- assignment or separation from the City Police Department, these items shall be returned to the City. The City Purchasing Agent shall have direct control over the purchase, issue and replacement of the above-described items. The Police Chief shall certify, in writing, to the Purchasing Agent as to an individual's entitlement. . . ,^ - ARTICLE 24 Replacing/Repairing Personal Property The City shall continue to provide for the cost of replacing or re- pairing personal property, of an employee, which is lost or damaged in the performance of duty, as provided in STP No. 14, dated July 23, 1976. ARTICLE 25 Books and Tuition Allowance The City will continue, under its formalized procedures, to pay tuition costs for members who complete with a satisfactory grade of "B" or better prior-ap~roved, ,iob-related courses nf instruction, which will increase their value to the Cit". r~eimburse8ent for books required for the approved course or courses may be authorized, flrO" vided such books are tendered to the Police Chief at the time reim.. bursement for tuition is requested. ARTICLE 26 Court Fines The City shall pay for court fines imposed upon each member 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 the 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 member. ARTICLE 27 Rain Gear/Utility Uniforms A. The City shall continue its current method to provide appro- priate duty rain gear for personnel. B. Each member of the bargaining unit shall be furnished one (1) utility uniform. Said uniform to be maintained in assigned lockers or in the vehicle, available for use at all times. ARTICLE 28 Safety Committee The City Incident Review Board meets at least monthly, to review vehicular accidents/incidents which, after initial assessment by the Risk Management Division, may have been preventable. The Incident Review Board includes, as two of its four members, two members of the Association. . -11- ~- . ARTICLE 28 (co,nt'd) Safety Committee (cont'd) As a member of the Review Board at such meetings, the Association selects two of its members to participate as members of the Incident Review Board when the Board reviews an accident/incident in which a police officer is involved. The Chair of the Review Board will in- form the Association of the date and time of Board meeting which will review such incidents, at least forty-eight (48) hours in advance. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK . -12- - ARTICLE 29 Investigation Rights When any public safety officer is under investigation and subjected to interrogation by his/her commanding officer, or any other member of the employing public safety department, which could lead to punitive action, such interrogation shall be conducted under the following conditions. For the purpose of this chapter, punitive action is defined as any action which may lead to dismissal, demotion, suspen- sion, reduction in salary, written reprimand, or transfer for purposes of punishment. (a) The interrogation shall be conducted at a reasonable hour, preferably at a time when the public safety officer is on duty, or during the normal waking hours for the public safety officer, unless the seriousness of the investigation requires otherwise. If such interrogation does occur dur- ing off-duty time of the public safety officer being inter- rogated, the public safety officer shall be compensated for such off-duty time in accordance with regular department procedures, and the public safety officer shall not be re- leased from employment for any work missed. (b) The public safety officer under investigation shall be in- formed prior to such interrogation of the rank, name and command of the officer in charge of the interrogation, the interrogating officers, and all other persons to be present during the interrogation. All questions directed to the public safety officer under interrogation shall be asked by and through no more than two interrogators at one time. (c) The public safety officer under investigation shall be in- formed of the nature of the investigation prior to the in- terrogation. (d) The interrogating session shall be for a reasonable period taking into consideration gravity and complexity of the 'issue being investigated. The person under interrogation shall be allowed to attend to his own personal physical necessities. (e) The public safety officer under interrogation shall not be subjected to offensive language or threatened with punitive action, except that an officer refusing to respond to questions or submit to interrogations shall be informed that failure to answer questions directly related to the investigation or interrogation may result in punitive action. No promise of reward shall be made as an induce- ment to answering any questions. The employer shall not cause the public safety officer under interrogation to be subjected to visits by the press or news media without his express consent nor shall his home address or photograph be given to the press or news media without his express consent. (f) The complete interrogation of a public safety officer may be recorded. If a tape recording is made of the inter- rogation, the public safety officer shall have access to the tape if any further proce~dings are contemplated or - ARTICLE 29 (cbnt'd7 Investigation Rights - Page 2 prior to any further interrogation at a subsequent time. The public safety officer shall be entitled to a tran- scribed copy of any ,notes made by a stenographer or to any reports or complaints made by investigators or other persons, except those which are deemed by the investigating agency to be confidential. No notices or rePorts which are deemed to be confidential I~ay be enterer! in the officer's personnel file. The rublic safety officer bein~ inter- rogated shall have the right to brin~ his own recording device and record any and all aspects of the interrogation. (g) If prior to or during the interrogation of a public safety officer it is deemed that he may be charged with a criminal offense, he shall be immediately informed of his consitu- tional rights. (h) Upon the filing of a formal written statement of charges, or whenever an interrogation focuses on matters which are likely to result in punitive action against any public safety officer, that officer, at his request, shall have the right to be represented by a representative of his choice who may be present at all times during such interrogation. The representative shall not be a person subject to the same investigation. This section shall not apply to any interrogation of a public safety officer in the normal course of duty, counsel- ing, instruction, or informal verbal admonishment by, or other routine or unplanned contact with, a supervisor or any other public safety officer, nor shall this section apply to an investigation concerned solely and directly with alleged criminal activities. (i) No public safety officer shall be loaned or temporarily reassigned to a location or duty assignment if a sworn member of his department would not normally be sent to that location or would not normally be given that duty assign- ment under similar circumstances. Lawful exercise of rights; insubordination; administrative appeal: (a) No public safety officer shall be subjected to p~nitive action, or denied promotion, or be threatenedwlth any such treatment, because of the lawful exercise of the rights granted herein, or the exercise of any rights under any existing administrative grievance procedure. (b) Nothing in this section shall preclude a head of an agency from ordering a public safety officer to cooperate with other agencies involved in criminal investigations. If an officer fails to comply with such an order, the agency may officially charge him with insubordination. No punitive action, nor denial of promotion on grounds other than merit, shall be un~ertaken by any public agency without providing the public safety officer with an . ARTICLE 29 (co,nt'd), Lawful exercise of ri hts' insubordination' administrative a eal: cont d) (d) (cont'd) opportunity for administrative appeal. ARTICLE 30 Political Activity Except as otherwise provided by law, or whenever on duty or in uniform, no public safety officer shall be prohibited from engaging, or be coerced or required to engage, in political activity. ARTI CLE 31 Personnel Files No member shall have any comment adverse to his/her interest entered in his/her personnel file, as described in PC 832.8, or any other filed used for any personnel purposes by the employer, without the member having first read and signed the instrument containing the adverse comment indicating he/she is aware of such comment, except that such entry may be made if, after reading such instrument, the member refuses to sign it. Should a member refuse to sign, that fact shall be noted on the document, and signed or initialed by such officer. A member shall have 30 days within which to file a written response to any adverse comment entered in his/her personnel file. Such written response shall be attached to, and accompany, the adverse cOllll1en t. THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK . -15- ARTiCLE 32 Polygraph Examination No member shall be compelled to submit to a polygraph examination against his/her will. No disciplinary action or other recrimination shall be taken against a member refusing to submit to a polygraph examination, nor shall any comment be entered anywhere in the inves- tigator's notes or anywhere else that the member refused to take a polygraph examination, nor shall any testimony or evidence be admis- sible at a subsequent hearing, trial or proceeding, judicial or ad- ministrative, to the effect that the member refused to take a poly- graph examination. ARTICLE 33 Financial Disclosure No member shall be required or requested for purposes of job assign- ment or other personnel action to disclose any item of his/her prop- erty, income, assets, source of income, debts, or personal or domes- tic expenditures (including those of any member of his/her family or household) unless such information is obtained or required under a state law or proper legal procedure, tends to indicate a conflict of interest with respect to the performance of his/her official duties, or is necessary for the employing agency to ascertain the desira- bility of assigning the member to a specialized unit in which there is a strong possibility that bribes or other improper inducements may be offered. ARTICLE 34 Locker Search No member shall have his/her locker, or other space for storage that may be assigned to him/her searched except in the member's presence, or with his/her consent, or unless a valid search warrant has been obtained or where the member has been notified that a search will be conducted. This section shall apply only to lockers or other space for storage that are owned or leased by the City. ARTICLE 35 Mutual Aid Nothing herein shall in any way be construed to limit the use of any public safety agency or any member in the fulfilling of mutual aid agreements with other jurisdictions or agencies, nor shall this ar- ticle be construed in any way to limit any jurisdictional or inter- agency cooperation under any circumstances where such activity is indeed necessary or desirable by the jurisdictions or the agencies involved. . -16- ARTICLE 36 .t Use of City Resources The Association may be granted permission to use Department facili- ties for the purpose of meeting with employees to conduct its in- ternal affairs provided space for such meetings can be made available without interfering with City needs. Permission to use facilities must be obtained by the Association from the Police Chief or desig- nated representative. The Association shall be held fully responsi- ble for any damages to and the security of any facility that is used by the Association. The Department will furnish adequate bulletin board space where currently available. Only areas designated by the appointing author- ity may be used for posting of notices. Bulletin boards may be used for the following notices: A. Scheduled Association meetings, agenda and minutes. B. Information on Association elections and results. C. Information regarding Association special, recreational, and related bulletins. D. Reports of official business of the Association including reports of committees or the Board of Directors. E. M.D.U., pay scales, job announcements, promotion lists, etc. F. Such other items as may be approved by the Department manage- ment upon request of the Association. Posted notices shall not be obscene or defamatory, nor shall they advocate election or defeat of candidates for public office. All notices to be posted may be dated and signed by an authorized re- presentative of the Association and should have the prior written approval of the Chief or authorized representative. ARTICLE 37 Payroll Deductions It is agreed that the Association membership dues, insurance, and premiums for plans sponsored by the Association 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 de- duction be made. Remittance of the aggregate amount of all member- ship dues and insurance premiums deducted from the pay warrants of employees covered hereby shall be made to the Association 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 Association, 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. The Association shall hold the City harmless from any and all claims, ~emands. suits, orders, judg- ments or other forms of liability that may arise out of or by reason , ~ ARTICLE 37 - (tont'6) Payroll Deductions of action taken by (cont'd) the City under this Article. ARTICLE 38 Employee Representatives When requested by a member of the Unit, a Job Representative may investigate any alleged grievance in the Department, and assist in its presentation. The representative shall be allowed reasonable time therefore, during working hours without loss of time or pay, upon notification and approval of his/her immediate supervisor with the concurrence of the division or department head. The privilege of a Job Representative to leave their work during work hours with- out loss of time or pay is subject to the understanding that the time will be devoted to the proper handling of grievances and will not be abused. Such time shall be excluded in any computation of overtime. Job Reps will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A Job Rep will not be granted time- off, or compensation, for the purpose of handling grievances out- side this unit. The Association shall notify the City of the names of each Job Rep, each January. A ratio of one Job Rep for every sixty (60) permanent employees in the Unit, but not less than four (4) shall be recognized by the City. ~ ARTICLE 39 Grievance Procedure PURPOSE: The City of San Bernardino and the Association realize the impor- tance of a viable Grievance Procedure to aid in the resolution of disputes among.employees, supervisors and management. It is re- cognized that, to maintain high employee morale and harmonious re- lations, an orderly method of processing grievances is necessary. This procedure is intended to establish a systematic means to pro- cess 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 standing with his/her supervisors or his/her loyalty as a City employee, nor be a reflection on the employee's supervisor or the department involved unless it is deter- mined that such department or supervisor has grossly abused manage- ment discretion or the employee has grossly abused the grievance process. . _lQ_ Grievance Procedure - Page 2 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. REPRESENTATION: The aggrieved employee shall have the right to be represented. This representation may commence at any step in the Grievance Procedure. Legal Counsel and/or official representatives of the recognized employee organization only can represent the employee. No person hearing a grievance need recognize more than one (1) 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 organiza- tion may attend the grievance hearing to insure that the solution reached does not violate the terms of the M.O.U. CONSOLIDATION OF GRIEVANCES: In order to avoid the necessity of processing numerous similar griev- ances at one time, a single grievance may be filed. TIME LIMITATIONS: Time limitations are established to settle a grievance 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 entertained in or advanced to any step if the par- ties 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 emp10yee- 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. 1) 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. . Grievance Procedure'- Page 3 2) Formal: Step 1. Written Grievance to Supervisor (A) If a mutually acceptance solution has not been reached in the informal process, the employee shall submit the grievance in writing to his/her immediate supervisor. This must be accomplished within ten (10) working days of being informed of the supervisor's informal decision. Within five (5) working days of receiving the written notification of the employee's grievance, the supervisor may meet with the employee and thoroughly discuss the grievance. The employee may appear per- sonally, and may be represented by a re- presentative of his/her choice. In any event, the supervisor shall give a writ- ten decision to the employee within five (5) working days after receipt of the written grievance. Step 2. Meet with Division Head (B) If the grievance has not been satisfac- torily resolved at this level, it may be appealed within five (5) working days to the Division Head who may follow the steps outl ined in Step 1 above. In any event, the Division Head shall give a written decision to the employee within five (5) working days after receipt of the griev- ance. If the grievance has not been sat- isfactorily resolved at this level, it may be appealed within five (5) working days to the Department Head. Step 3. Meet with Department Head (e) If the grievance has not been satisfac- torily resolved at this level, it may be appealed within five (5) working days to the Department Head who may follow the steps outlined in Step 2 above. In any event, the Department Head shall give a written decision to the employee within five (5) working days after receipt of the grievance. If the grievance has not been satisfactorioy resolved at this level, it may be appealed within five (5) working days to the Pet'sonnel Director. Step 4. Review by the Personnel Director (D) Within five (5) working days after re- ceiving the appeal, the Personnel Direc- tor shall review the matter and give a decision. If the grievance has not been satisfactori~y resolved by the Personnel Grievance Procedure ~ Page 4 Director, appeal may be made within five (5) working days to the next step. Step 5. Final Step (E) a. If the grievance has not been satis- factorily resolved, the employee may appeal to the final step before the City Administrator. Such appeal shall be made within five (5) working days, in writing, accompained by the report of the Personnel Director. b. The City Administrator will be advised of the general nature of the case and will set a time, date and place for hearing the grievance within thirty (30) calendar days. The grievant and the Department will be notified of the date, time and place of hearing. c. Pre-hearing conferences will be held as necessary. Witnesses or documentary evidence will be provided to each of the parties prior to the hearing. d. The decision of the City Administrator will be in writing and transmitted to the parties within seven (7) working days after the close of the hearing. The City Administrator's decision is final and binding on all parties, unless reversed by court decision. e. All grievances shall be treated as confidential and no publicity will be given until the final resolution of the grievance. ARTICLE 40 No Strike It is the purpose of the Memorandum for the parties hereto, to con- firm and maintain the spirit of cooperation which has heretofore existed between the City of San Bernardino and the Public Safety Officers (San Bernardino Police Department Benefit Association). It is recognized that any work disruptions are unproductive to City operations and services provided its citizens. The Association and City hereby agree that they shall at no time nor in any way jeopard- ize the public health, welfare, and safety of the City's business and residential communities. Thus, the Association 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 provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Association, shall not, on behalf ~ _?L ARTICLE 40 (cont'dr No Strike (cont'd) of itself and its members, individually or collectively, engage in any curtailment or restriction of work, including but not limited to "blue flu" or strikes. ARTICLE 41 Contract Printing The City and the Association will share the cost of printing of the Memorandum of Understanding. AFTICLE 42 Notice of Intent to Reopen The parties agree that, if either party desire to propose changes in the terms or conditions of this MOU for the period following expira- tion of this MOU, notice shall be given to the other not later than the last working day of July, 1988, that such discussions are desired. Such notice shall request a meeting to begin negotiations and estab- lish ground rules which shall include, at a minimum, the date be- yond which no further proposals may be submitted by either party. ARTICLE 43 Waiver Clause The City and the Association for the life of the Memorandum of Under- standing, each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to, or covered in this Memorandum of Understanding. ARTICLE 44 Severabil ity If any provision of this Memorandum of Understanding is held by the proper legislative or judicial authority to be unlawful, unenforce- able, unconstitutional, or not in accordance with applicable statutes or not applicable to Charter Cities, all other provisions of the Memorandum of Understanding shall remain in full force and effect for the duration of this Memorandum of Understanding. If there is any conflict between the provisions of this Memorandum of Understanding and the provisions of federal, state and local govern- ment regulations, the provisions of the federal, state or local. government regulations shall be controlling. Upon the issuance of a decision declaring any Article, section or portion of this Memoran- dum to be unlawful, unenforceable, unconstitutional or not applic- able to Charter Cities, the parties agree to meet and confer ARTICLE 44 (cont'd) < Severability (cont'd) immediately concerning only those Articles, sections or portions. ARTICLE 45 Settlement Agreement Differences have heretofore existed between the parties as to their respective rights and obligations and matters relating to wages, hours, working conditions, and terms and conditions of employment. In parti- cular, the Association filed suit number 206315, San Bernardino Police Benefit Association v. City of San Bernardino, in the Superior Court of the State of California, for the County of San Bernardino, on October 26, 1981, contending that contribtuions to the employee's share of PERS in comparable jurisdictions are salary and not fringe benefits for the purposes City Charter Section 186. The parties here- to desire to compromise their differences in respect to the foregoing matters and desire to settle their differences amicably and without further litigation. In consideration of the agreements reached in this memorandum and in particular Article 11. The Association agrees to dismiss with prejudice action number'206315, and agrees not to insti- tute or prosecute any action against the City alleging that the mone- tary value of any benefit is to be added to the base salary schedule of any comparable jurisdiction for the purpose of setting salary pursuant to Section 186 of the City Charter. Association agrees that the benefits negotiated and contained in this agreement and in partic- ular Article 11, constitute full satisfaction, settlement and com- promise of each and every claim Association has against the City or for which the City would be liable for wages, salary, compensation or liquidated damages. ARTICLE 46 Mutual Release Except for the rights and obligations created by this agreement, each party hereby acknowledges full satisfaction of, and releases and dis- charges the other fully and completely from all demands, contracts, claims, rights, duties, obligations and liabilities it has asserted or could have asserted against the other, its past and present members, officers, employees, principals or agents and agrees not to institute or prosecute any proceeding of any nature against the other for any cause existing as of the date of this memorandum. This provision shall be a complete defense in any action contrary to this agreement. ARTICLE 47 Prevailing Benefits All benefits, privileges, and working conditions authorized for the employees at the present time, which are not included in this Agree- ment, shall remain in full force during the term of this Agreement unless changed by mutual consent. . --",,-+- 1 All the terms and conditions set forth in the Memorandum of Understanding 2 II I are hereby acknowledged and agreed to by each party upon this 3 of November , 1984. 4 5 6 CITY OF SAN BERNARDINO 7 8 9 10 11 12 13 ,I 14 , , ! 15 I I I 16 17 ATTEST: 18 II ~/m/~~ I ~ty Clerk , 19 20 21 22 23 24 19th day SAN BERNARDINO PCLICE OFFICERS ASSOCIATION w/~Li~ ........ (j24d ~ ~~~d_~~ 4 fffktc-- / 25 26 27 28 . . 1 2 3 4 5 6 7 8 ') 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 All the terms and conditions set forth in the ~lemorandum of Under- stanaing are hereby acknOl'lleaged and agreed to by the Lieutenants of the San Bernardino Police Department as follows: v,;.z- . . .. . INDEX TITLE ARTICLE PAGE Agency Personnel Rules 1 1 Assignment to Higher Position 17 8 Books & Tutition Allowance 25 11 Contract Printing 41 22 Court Fines 26 11 Deferred Compensation 10 5 Employee-Employer Relations Comm. 20 9 Employee Representatives 38 18 Employee Rights 5 2 & 3 Financial Disclosers 33 16 Grievance 39 18 - 21 Health/Life In surance 7 4 & 5 Investigation Rights 29 13 - 15 Leave Provisions 12 6 Locker Search 34 16 Management Rights 4 1 & 2 Mutual Aide 35 16 Mutua 1 Release 46 23 No Strike 40 21 & 22 Non-discrimination 3 1 Notice of Intent to Reopen 42 22 On Call, Call Back, Standby 22 10 Overtime 16 7 & 8 Payroll Deductions 37 17 & 18 Personne 1 Fil es 31 15 Physical Fitness 8 5 Political Activity 30 15 Polygraph Examination 32 16 Prevailing Benefits 47 23 Probationary Period 14 7 Rain Gear/Utility Uniforms 27 11 Recognition 2 1 Re-employment 13 6 Replacing/Repairing Personal Property 24 11 Retirement Plan 11 6 Safety Committee 28 11 & 12 Safety Equipment 23 10 Sen i or ity 19 9 Settlement Agreement 45 23 Severabil ity 44 22 & 23 Shift Change 18 8 Shift Schedules 21 9 Standard Work Day 15 7 Use of City Resources 36 17 Wa ges 6 3 & 4 Waiver Clause 43 22 Workers Compensation Injury 9 5 .