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HomeMy WebLinkAbout1980-445 ~- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 ]9 20 21 22 23 24 25 26 27 28 .0_ > RESOLUTION NO. Po -~i/.s- RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL EMPLOYEES, COUNCIL 36, LOCAL 122, AFL-CIO (GENERAL PER~~NENT EMPLOYEES), COMMENCING ON THE FIRST DAY OF JULY, 1980, AND ENDING THE LAST DAY OF JUNE, 1981. 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- Brown Act of the State of California, and; \-JHEREAS, the City's representati ves and the Uni on representati ves have reached a r'lemorandum of Understanding for the period commencing on the first day of July, 1980, and ending the last day of June, 1981, 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 Bernardino and the American Federation of State, County and Municipal Employees, Local L22, dated October 22, , 1980, for the Bargaining Unit of General Permanent Employees for the period commencing on the first day of July, 1980, and ending the last day of June, 1981, 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 Bernardino at a~ ~~//~_~ "f;'1"~AJ meeti ng thereof, held on the 6<.1,M day of ,;M,~ , 1980, by the following vote, to wit: ~ . - 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 AYES: Councilmen d/2At;/~-:, ;~I'~~ 'd../~&tb~ NAYS: ABSENT: :i:~::,:: b~'i ~'4~ ~ ~~ ~1/) The foregoing resolution is hereby approved this c:?f?fi'- day of ~ ,1980. ARTICLE 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 TABLE OF CONTENTS I ADOPTING RESOLUTION II PREAMBLE AND TERM OF MEMORANDUM OF UNDERSTANDING TITLE PAGE Recognition/Union Security Agency Personnel Rules Management Rights No Stri ke Payroll Deduction for Union Dues Work Periods Wages Overtime Shift Differential Call-back/Stand-by Assignment & Pay Higher Acting Classification Pay Vacations Holidays Si ck Leave Payment for Unused Sick Leave Health and Life Insurance Physical Examinations Dental Plan Optical Plan Personal Tool Replacement Allowance Uniforms and Rain Gear Educational Tuition Assistance Fines Seniori ty Union Representation Grievance Procedure Non-Discrimination Waiver Clause Severability 1 1 1 2 2 3 4 4 5 5 6 6 8 9 9 10 11 11 11 11 12 13 13 13 13 14 15 16 16 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 Federa- tion of State, County and Municipal Employees, AFL-CIO, Local 122 (herein- after known as the Union) representing the unit of general permanent employees of the City of San Bernardino. The City representatives and the Union recommend to the Mayor and Common Council and the Library Board that the terms and conditions of this Memo- randum shall commence on July 1, 1980, unless otherwise provided for, and continue until the last day of June, 1981. To the extent that implementa- tion of these recommendations requires action by the City Council and the Library Board, this Memorandum will serve as a request to these bodies that they be so implemented. 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 - 1 - 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 apparel, 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 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 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 work at any time during the term of this Memorandum of Understanding. ARTICLE 5 Payroll Deduction for Union Dues The City agrees to provide Union dues deductions for Union members only - 2 - 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 (4D) hours of work within a period of 168 hours (seven consecutive days), or eighty (80) hours of work within a period of 336 hours (fourteen consecutive days), except as other- wise provided by law. All employees shall be scheduled to work on regular starting and quitting times. 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 the public, and to make such adjustment in work shifts as are, from time to time, required. The City shall give the employees and the Union reasonable notice of any proposed changes in scheduled work shifts prior to implementation. 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 1980-81 (June 30, 1980) the wages for the employees within the bargaining unit shall be increased 8.5% over current base rate. City Resolution No. 6413, Section Nine, as amended, shall be amended to reflect the wage increase accordingly. ARTICLE 8 Overtime Effective January 12, 1981, bargaining unit employees, except those employees assigned to the Refuse Division who normally work under the "daily work incen- tive schedule", shall be eligible to receive premium pay for overtime hours worked. For purposes of this Article, overtime work means work in excess of forty (40) hours within seven consecutive days (work-week). An employee who works more than forty (40) hours in anyone work-week, will be paid at the rate of one and one-half times his/her regular rate of pay. The first forty (40) hours of work however, will be paid at the straight-time hourly rate irrespective of hours worked in anyone day. With the exception of Jury Duty, hours not worked, regardless of whether the employee is in an excused time-off or time off with pay status, shall not count toward the first forty (40) hours, i.e. meal periods, excused absences, vacation, holidays, sick leave, etc. Notwithstanding the above, the specific provisions of "Overtime" as set forth under City Resol ution No. 6433, Section Fourteen, Subparagraph "A", shall not be affected by this provision, that said subparagraph shall be amended to re- flect that overtime shall be paid at the rate and for the hours specified above. - 4 - ARTICLE 9 Shift Differential Effective January 12, 1981, employees within the bargaining unit assigned to the Communications Division, shall receive the following pay differential, in addition to their regular base rate of pay, for actual "shift work" desig- nated as either the "swing" or "graveyard" shift. (a) An employee assigned to the "swing" shift (normal start and ending time of 4:00 p.m. to 12 Midnight, respectively) shall receive $0.15 per hour extra for all hours actually worked during such assignment; or An employee assigned to the "graveyard" shift (normal start and ending time of 12 Midnight to 8:00 a.m., respec- tively) shall receive $0.25 per hour extra for all hours actually worked during such assignment. (b) ARTICLE 10 Call-back/Stand-by Assignment & Pay Call-back: When a permanent General Employee within the unit of representa- tion is directed or assigned by his superior, or the superior's designee, to return to work after having completed the normal work shift, the employee will be paid for time worked in accordance with Article 8 - Overtime. The employee will be assured a minimum of two (2) hours pay while in call-back status. An employee cannot be in stand-by and call-back status at the same time. Stand-by: For those permanent General Employees within the unit of repre- sentation who are scheduled by their Department or Division 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 compensated 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 receive eight (8) hours pay, at his/her regular rate, for the five (5) days of such duty. Pay shall be pro-rated on the basis of 1.6 hours per day, for periods of less than five (5) days. 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. - 5 - D. Departments which utilize call-back, stand-by will prepare a list of qualified employees. Such lists will be posted in the department or division office. Stand-by and overtime will be assigned on a rotation basis. Only those employees who appear first on the list will have the right to reject an assignment to overtime. stand-by, and call-back. Employees rejecting such assignments will automatically be placed on the bottom of the list. The employee listed next must take the assign- ment. An employee has the option of rejecting such assignments only once and must accept when called upon in the next rotation. ARTICLE 11 Higher Acting Classification Pay Upon approval by the City Administrator, a Department Head may assign or re- 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 employee 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 not to exceed thirty (30) addi- tional working days. Any overtime hours worked during that period will be paid in accordance with Article 8 - Overtime. The entire period of assignment at the higher classification, including the initial work-demonstration period may not exceed sixty (60) working days (30-d~ demonstration period and 30 days compensation at the higher classification). After the sixty (60) days have elapsed, a Department Head may assign the em- ployee to perform work in the higher classification for short periods of time as required by the workload of the department. Any employee so-assigned shall receive compensation for all hours worked in the higher classification in ex- cess of forty (40) hours during any consecutive 30-day working period. A period of three (3) months must elapse before the employee can be reassigned to the higher classification for an additional thirty (30) days only. The three-month interval of time shall be calculated from the last day of compensa- tion for service at the higher classification. In such case, the reassigned employee will not be required to satisfy the initial 30-day demonstration period and will be eligible to receive the higher compensation commencing with the first day of reassignment. ARTICLE 12 Vacations A. All employees within the bargaining unit covered by this Memorandum of Understanding shall be entitled to annual paid vacations as follows: - 6 - Completed Years of Continuous Service* Eligible Days of Vacation Rate of Accrual Per Month** 1 year*** 5 years 15 years 20 years 10 working days 15 working days 20 working days 25 working days 0.833 working days 1.25 working days 1.667 working days 2.0833 working days *Service year begins on initial date of employment. **Working days per month. ***No vacation granted or accrued if service is less than one year. At the time of termination of employment, an employee shall be entitled to receive compensation for the number of vacation hours which have been 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 em- ployee from utilizing his vacation during the calendar year when due. E. When a holiday authorized by the Mayor and Common Council occurs within the vacation period of an employee, such employee shall receive an addi- tional 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. - 7 - G. When an employee returns to work after a break in "conti nuous servi ce" as defined in Section Nine of Resolution No. 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 tenns "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 Bernar- dino Free Public Library Board. ARTICLE 13 Ho li days 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: New Year's Day Memorial 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 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 *In FY 1980-81, these holidays will be observed the day following Christmas and the day following New Year's. 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. Only unit employees who have satisfactorily served in the employ of the City continuously for at least six, months shall be eligible to take the floating holiday. In the event of,the employee's failure for any reason to take such floating holiday during the term of this Memorandum of Understanding, the employee shall not be entitled to compensation for said floating holiday. 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 regular assigned working periods provided they are in a paid status - 8 - 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 schedule, and employees of the Police Department except personnel assigned to work a normal five-day work week, shall be allowed in-lieu time off for above 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~o whether in-lieu time off or pay is to be received shall be based on the availability of funds and needs of the department, as de- termined by the Head of the Department with the approval of the City Ad- ministrator. 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 Disposal Department, except clerical employees, and certain designated employees of the City Garage needed to support the Refuse Dis- posal 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 following Christmas and the day following 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 addi- tional 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 be- yond the total number of holidays allowed each year by this Memorandum of Understanding. ARTICLE 14 Sick Leave The provisions of City Resolution No. 6433, Section Five, "Sick Leave", as they pertain to permanent General Employees within the unit of representa- tion shall remain in effect, unless or until modified or amended with the consent of both the Union and the City. ARTICLE 15 Payment for Unused Sick Leave The City shall continue in effect its present policy of making payment for unused sick leave to permanent General Employees within the unit of repre- sentation upon retirement, or to the estate of any such employee who dies - 9 - during employment. Payment for fifty percent (50%) of accumulated, unused sick leave shall be made provided that in no event shall such compensation exceed sixty (60) working days of such leave. ARTICLE 16 Health and Life Insurance The City will continue "Major Medical Coverage" for the employees in the bargaining unit but with the following clarification: The City offers an employee the choice of one of two plans: Blue Cross or Kaiser. The City's self-insured Blue Cross Plan is the Basic Plan and the Kaiser Plan is the Alternate Plan. A. Basic Plan. The City agrees to pay the full monthly premium rate for either the Employee Only or the Employee and One Eligible Dependent, depending on the individual circumstance. In the event the premium rates for said coverages are increased during the period of this Memorandum of Understanding, the City agrees to bear the full cost of any such increases. B. Alternate Plan. The City agrees to pay the monthly premium rate cur- rently in effect for either the Employee Only or the Employee and One Eligible Dependent, depending on the individual circumstance. In the event the premium rates for said coverages ($42.90 and $85.78, respec- tively) are increased during the period of this Memorandum of Understand- ing, the City agrees to bear the cost of any such increases, up to but not exceeding the premium rates paid for like coverage under the Basic Plan. Example 1....Alternate Plan premium rate for Employee Only increases from $42.90 to $50.00 and Basic Plan rate remains at $32.16. Employee would pay the differential cost of $7.10. Example 2....Alternate Plan premium rate for Employee Only increases from $42.90 to $50.00 and Basic Plan rate is increased to $45.00. Employee would pay the differential cost of $5.00. An employee within the bargaining unit may not add another City employee as a dependent, or be added as a dependent to another employee's City-sponsored health plan, in order to receive "double coverage". An 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 coverage, 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. - 10 - ARTICLE 17 Physical Examinations The City shall pay medical fees for the physical examination of any permanent General Employee within the unit of representation when such examination is required and directed by the City after employment. The City may arrange with a physician or medical group for such examination; or if the situation warrants, the City may authorize an employee to be examined by a doctor or his/her choice. In the event an employee is authorized to be examined by a doctor of his/her choice, reimbursement shall be made by the City for the cost thereof provided, however, that the amount of the reimbursement shall not exceed the cost the City would have paid to its contract physician or medical group. ARTICLE 18 Dental Plan The City agrees to contribute three dollars and fifty cents ($3.50) per month toward an Employee Only participation in the City's sponsored dental plan, effective November, 1980. ARTICLE 19 Optical Plan The City will endeavor to make available an Optical Plan conducive to the needs of interested employees but at no cost to City for employee partici- pation. ARTICLE 20 Personal Tool Replacement Allowance The City shall provide a tool replacement allowance for 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 (3) Park and Recreation Department Mechanics and Servicemen Electricians I and II (4) Public Building Division (5) Fire Department Plumbers 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 stolen or damaged through no fault of the employee will be replaced by the employee and re- - 11 - imbursement therefor will be made by the City, after submission of an appro- priate 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 Depart- ment Head and shall become the property of the City. During the term of this Memorandum of Understanding, all newly-employed mechanic personnel in the Fire Department and Central Garage Division who may be required by their Department Head to purchase personal metric tools in order to effectively accomplish work assignments shall be eligible to receive a one-time tool purchase allowance not to exceed one hundred dollars ($100.00) to assist in making such purchase. ARTICLE 21 Uniforms and Rain Gear (1) Central Garage Division The City shall provide uniforms for the following position classifications: (2) Street Division (3) Electrical Division (4) Cemetery (5) Central Communications (6) Public Buildings Division (7) Animal Control Equipment Mechanic Senior Mechanic Welder Auto Body Repairman Auto Body Repairman Helper Automotive Serviceman Eight employees assigned to Sewer Maintenance Skilled laborer (Street Barricade) Seven employees assigned to Asphalt Crew Electrician I and Electrician II laborer Maintenance Personnel Custodians Building Maintenance Personnel Parking Control Checkers Kenne 1 man Utility Worker I 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, Animal Control Aides and Animal Health Technicians of the Animal Control Department. The City shall make appropriate rain gear available for Refuse Operators, Cemetery personnel, Public Buildings maintenance personnel, Animal Control - 12 - personnel, 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 (10) sets of rain gear shall be maintained in Central Stores and made avatlable on loan, as needed, to employees in the Central Garage and Engineering Divisions. ARTICLE 22 Educational Tuition Assistance The City shall reimburse City employees for tuition costs for courses 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 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 of the vehicle on the part of the employee. ARTICLE 24 Sen i ori ty 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 25 Union Representation When requested by an employee, a Steward may investigate any alleged or actual grievance in the jurisdiction to which a Steward has been assigned, or elsewhere in the City if specifically requested by a grievant and assist - 13 - in its presentation. If an employee chooses not to be represented at a grievance review by the exclusive recognized Union, and elects to be self- represented, the Union will nevertheless be informed of the nature of the grievance prior to the granting of a grievance review by management. A Steward representing an employee in a grievance proceeding shall be allowed reasonable time during working hours for such purposes, without loss of time or pay, upon notification to and with the approval of his immediate super- visor and concurrence by his Division or Department Head. The privilege 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 at all times, except when necessary to leave their work to handle grievances as provided herein. A Steward will not be granted time-off, nor compensation for the pur- pose 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 Department Head concurs. The Union shall notify the City of the names and work locations of each Steward. A ratio of one Steward for every sixty (60) permanent employees in the unit shall be recognized by the City. Any substantiated abuse of the privileges accorded Stewards with regard to reasonable time-off and compliance with the requests of his/her immediate supervisor, 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 26 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 pur- sued through procedures established therefor. Where a grievance exists, as defined above, 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 unsat- isfactory, the grievance can be formally presented, in succession to the Divi- sion and/or Department Head, the Director of Labor Relations, the City Adminis- trator, 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 grievances on an informal basis between the employee and, if he/she desires, the designated Union representative and a supervisor in the employee's chain of command, up to and including the Division Head. Presentation of the grievance shall be made within ten (10) working days of the incident causing the grievance. - 14 - B. (1) If the grievance is not adjusted to the satisfaction of the em- ployee involved, within five (S) working days after the presentation of the grievance, the grievance shall be submitted, in writing, by the employee or his designated representative to the Department Head, with a copy thereof to the City Administrator and the Personnel Director, within the next ten (10) working days. The Department Head shall meet with the employee and or his designated representative within five (S) working days of receipt of the written grievance and shall deliver his answer, in writing, to the employee within five (S), 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 (S) days after receipt of the appeal and shall deliver his answer, in writing, to the employee within the five (S) 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 advisory 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 (S) 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. (S) The arbitrator shall have no authority to add to, delete, or alter any provision of this Memorandum of Understanding or the resolutions governing the employer-employee relations program but shall limit his decision to the application and interpretation of the provisions 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 with the Mayor and Common Councilor, if applicable, with the Board of Trustees of the Public Library of the City of San Bernardino for final determination. ARTICLE 27 Non-Discrimination The City and the Union agree that there shall be no discrimination against employees within the bargaining unit because of race, color, creed, religion, - 15 - national orlgln, sex, age, marital status, Union membership or because of a physical handicap with respect to a position the duties of which can be per- formed efficiently by an individual with such a physical handicap without danger to the health and safety of the physically handicapped person or to others. ARTICLE 28 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 oppor- tunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, Ordinance, Resolution, Personnel and Depart- mental Rules and Regulations, from the scope of negotiable issues and that the understanding arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore, the City and the Union for the life of this Memorandum of Understanding, each voluntarily and unqualifiedly waives the right, 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 Memorandum of Understanding, or with respect to any subject or matter not specifically referred to or covered in this Memorandum of Understanding even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this Memorandum of Understanding. ARTICLE 29 Severability It is understood and agreed that this Memorandum of Understanding is subject to all current and future applicable Federal and State laws and regulations and the current provisions of the Charter, Ordinances, Resolutions, and other rules and regulations of the City of San Bernardino. If any part or provision of this Memorandum of Understanding is in conflict or inconsistent with such applicable provisions of those Federal, State, or City enactments, or is other- wise held to be invalid or unenforceable by any court of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the Memorandum of Understanding. - 16 - . All terms and conditions set forth in this Memorandum are hereby acknow- ledged by each party upon this 22nd day of October , 1980. CITY OF SAN BERNARDINO AFSCME, COUNCIL 36, LOCAL 122, AFL-CIO /~ / 6(?~k Director of Labor Relations ~~. C ty Llbrarian p d ss Representative ~,~~, Team Member, Union Negotiating Team