HomeMy WebLinkAbout2011-2071
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Resolution No. 2011-207
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAI`
BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE
CITY OF SAN BERNARDINO REPRESENTED BY THE INTERNATIONAL UNION OF
OPERATING ENGINEERS.
WHEREAS the designated representatives of the Mayor and Common Council met and
conferred in good faith with representatives of The International Union of Operating Engineers
(IUOE) representing the General Unit employees of the City of San Bernardino, in accordance
with the provisions of Government Code Sections 3500-3510, to agree upon a new
Memorandum of Understanding (MOU);
WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a copy of
which is attached hereto and incorporated herein) effective January 1, 2011, through June 30,
2012.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO, AS FOLLOWS:
SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours and
working conditions for employees in the General bargaining unit of the City of San
Bernardino.
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RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF S
BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF T
CITY OF SAN BERNARDINO REPRESENTED BY THE INTERNATIONAL UNION
OPERATING ENGINEERS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common
joint
Council of the City of San Bernardino at a regular meeting thereof, held on the
20th day of June , 2011 by the following vote, to wit:
COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
MARQUEZ
VACANT
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
X
x
x
X
X
X
.,c./~,,.,( /,/. C.t.R.~
Rac 'e] G. Clark, City Clerk
The foregoing resolution is hereby approved this c,Z~, ~ of
June
2011.
P tric c Moms, ~
Ci f San Bemardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
~B}
_z
2011-207
GENERAL UNIT
EMPLOYEES
MEMORANDUM
OF
UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
and
T 6,. G... 8..........A:.... I1..61:,. C.«..1.........n A~~....6.k:....
The Intcr•natiooal l Winn of Opcratin~~ Em~inecrs
rrr~T2-A0~ January 1, 2011
TO
~,~~£ ~i, ~-ov?
June 30, 2012
CITY OF SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF HUMAN RESOURCES
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TABLE OF CONTENTS
Article/Section Title Pace
Resolution Implementing a Memorandum of Understanding ............................................................ 5
No. 'F'i
Definition of Terms .......................................................................................................... 7
ARTICLE I ADMINISTRATION ................................................... .................................................. 8
Section 1 Management Rights ....................................................... .................................................. 8
Sectid n 2 Employee Rights .......................................................... .................................................._ _. 8
Secti n 3 Contract Services .......................................................... .................................................. 9
Section 4 Agency Personnel Rules ................................................ .................................................. 9
Secti¢n 5 Safety Committee .......................................................... .................................................. 9
Section 6 Labor-Management Committee ..................................... .................................................. 10
Section 7 Time Off For Employee Representatives ...................... .................................................. 11
LE II EMPLOYER-EMPLOYEE RELATIONS .................................................................. +~
1 Recognition/Union Security ............................................................................................. ~-}
2 No Strike ............................................................................................................ I?
3 Payroll Deduction for Union Dues .................................................................................. .~3
4 Grievance Procedure ........................................................................................................ I-~
Secti n 5H Employee Lists ........................................................... ................................................. +?
5ecti n n~ Skelly Rights ........................................................... ................................................. .I(,
Secti n -8 Non-Discrimination ........................................................ ................................................. I ~
5ecti n ~~? Personnel Files ........................................................... ................................................. l-~
5ecti n "+N Bulletin Boards ........................................................... ................................................. +lS
Secti n i ~ ~~} Budget Documents .......................................................... ................................................. ~
5ecti n 1 i+? Employee Orientation ..................................................... ................................................. +8
Secti n ; '~ New Employee Information ............................................ ................................................. .1-E
LE IIICOMPENSATION ........................................................................................................ a 8
1 Salaries ............................................................................................................ Ili
2 PERS ............................................................................................................ W
3 Overtime ............................................................................................................ +~
4 Higher Acting Classification Pay ..................................................................................... ?N
5 Classification Appeal ...................................................................................................... 3+
6 Call-Back/Standby Assignment &Pay ............................................................................ 3+
7 Shift Differential ............................................................................................................ 33
8 Personal Tool Replacement Allowance ........................................................................... ?-1
9 Fines ............................................................................................................ ?-1
10 Bilingual Pay ............................................................................................................ 3-1
11 Special Certification Pay .................................................................................................. 3?
2 General Unit MOU
2011-207
Article/Section Title Pace
ART CLE INFRINGE BENEFITS ..................................................................................................... ~5
Secti n 1 Health/Life Insurance .......................................................... ............................................. 3a
Secti n 2 Uniforms, Rain Geaz & Safety Equipment ......................... ............................................. 3~
Secti n 3 Education Tuition Assistance ............................................. ............................................. 3s1
Secti n 4 Pazking Facilities ............................................................... ............................................._ ~
Secti n 5 Employee Assistance Program (EAP) ................................ ............................................. ~N
ART CLE V LEAVES ............................................................................................................ 3A
Secti n 1 Vacations ............................................................................................................ 3E1
Secti n 2 Holidays ............................................................................................................ ~?
Secti n 3 Sick Leave ............................................................................................................
Secti n 4 Payment of Sick Leave ....................................................................................................
Secti n 5 Catastrophic Leave ...........................................................................................................
Secti n 6 Injury Leave ............................................................................................................ .8
Secti n 7 Leave of Absence Without Pay ........................................................................................ 3.4
Secti n 8 Witness Leave ............................................................................................................ -10
Secti n 9 Blood Donations ............................................................................................................ -1u
Secti n 10 Election Leave ............................................................................................................ ~3(-1
Secti n 11 Military Leave ............................................................................................................ -Ft1
Secti n 13 Jury Duty ............................................................................................................ -1-1
L..~~Qt~n.n~ no n
ART CLE VIWORHING CONDITIONS .......................................................................................... .-~
Secti n 1 Work Periods ............................................................................................................ -1-3
Secti n 2 Physical Examinations .....................................................................................................
Secti n 3 Probationary Period ........................................................................................................ -~
Secti n 4 Seniority ............................................................................................................ -1-1
Secti n 5 Reasonable Suspicion Drug and Alcohol Testing ........................................................... 4-1
ART CLE VII General Provisions ........................................................................... .k5
Secti n I Waiver Clause ............................................................................................................
Secti n 2 Severability .............................................................................................................
Secti n 3 Printing of Memorandum of Understanding ................................................................... d(-,
Secti n 4 Term of Memorandum of Understanding ........................................................................
Secti n 5 Notice of Intent to Reopen ..............................................................................................
SIGNATURE PAGE ............................................................................................................ +~
3 General Unit MOU
2011-207
Article/Section Title Pa¢e
INDZ~X ............................................................................................................ 48
EXffiBITS
Exhibit 1 Resolution No. 6413, Section Ten: General Employees
(salary increaseseffective'~4/1/Oi~)
Exhibit 2 Resolution No. 89-38, Employees' Time Off to Vote
Exhibit 3 City of San Bernardino Reasonable Suspicion Drug/Alcohol Testing Procedure
General Unit MOU
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General UnitMOU
2011-207
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General Unit MOU
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DEFINITION OF TERMS
Citv: The City of San Bemazdino
Classification: Includes titles listed in Section 10 of City Resolution No. 6413, as
amended.
Dav: As it pertains to a sick leave day or a vacation day, one (1) "day" equals
eight (8) hours, unless otherwise specified.
Exclusion: Excluded from the General Unit for purposes of representation are:
classification titles designated as management/confidential, middle-
management or safety, positions established and created under federal
contract, and temporary, part-time, provisional and probationary
individuals.
General Unit: Includes titles listed in Section 10 of City Resolution No. 6413, as
amended. Additional titles in the General Unit may be established by the
Mayor and Common Council. Also reference "Exclusions" above.
Mandatory and
Permissive: "Shall" is mandatory; "may" is permissive.
MOU: Memorandum of Understanding
Regulaz Full-Time An Employee who has been appointed to a Regulaz, Full-Time
Employee: position and has completed his/her probation period.
Union: The exclusive bazgaining representative for the General Unit
7 General Unit MOU
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ARTICLE I -ADMINISTRATION
SECTION 1-Management Rights
This Memorandum of Understanding (MOU) shall not be deemed to limit or curtail the
City in any way in the exercise of the rights, powers and authority, which the City had prior to
adopting this MOU, except to the extent that the provisions of this MOU specifically curtail or
limit such rights, powers and authority. Furthermore, the City retains all its exclusive rights and
authority under City Charter, ordinances, resolutions, state and federal laws and expressly and
exclusively retains its management rights, which include but are not limited to: the exclusive
right to determine the mission of its constituent departments, commissions and boazds; set
standazds of selection for employment promotions; direct its employees; establish and enforce
dress and grooming standazds; determine the methods and means to relieve its employees from
duty because of lack of work or other lawful reasons; maintain the efficiency of governmental
operations; determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted; determine the content and intent of job
classifications; determine methods of fmancing; determine style and/or types of City-issued
wearing appazel, equipment or 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 and change the number of work locations, relocations and types of
operations, processes and materials to be used in carrying out all City functions, including but
not limited to. the right to contract for or subcontract any work or operations of the City; assign
work to and schedule employees in accordance with requirements as determined by the City, and
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 standazds; and, carry out its mission in emergencies and exercise
complete control and discretion over its organization and the technology of performing its work.
SECTION 2 -Employee Rights
A. 1,I11~?~n'. cC, ~l~lA~ Lilt Il `.!~l1 l~~ _i ~.11~C .ill~~ li<<P;1, II~C)1L CIt 1Ap~~~ CllAlI'i-gull c'ill l ~Ct
~,xth u, the t u~ , p„lic. nn A,url)iu~rinun.uu~n ~l,,rhhl.«:c I1 us„molt. Employees of the City
have the right to form, join and participate in the activities of employee organizations of their
own choosing for the purpose of representation on all matters of employer-employee relations,
including but not limited to: wages, hours and other terms and conditions of employment.
Employees of this City also shall have the right to refuse to join or participate in the activities of
employee organizations and shall have the right to represent themselves. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against by the City or by
employee organizations because of the exercise of these rights. f:~i~i~,zN::,u, n r;_~ht_, ~,I tl_~r
Il i~Hl :1~t'\C~Uil\C fC(~1~C~Ci1 i:IUA~ ~Illt~~_IU tI (tom tit~I111~i+1111I~~i.~
8 General Unit MOU
2011-207
B. The City, through its representatives, shall meet and confer in good faith only
with representatives of formally recognized employee organizations regarding matters within the
scope of representation, including wages, hours and other terms and conditions of employment.
c . It~dn~iual aLi_e~~~ucnt - the (itv ni pan li~rn.u~,inx~ shill n~~t._n~ ~,tiatc ~vitli ~~r
Cilhf Illl~~ IliCll l+~I :IIk~l llii ~~i II11 ~lii IJill~lll_ UI' C(.11ll I'i ~~l (ti _q' ~~CI1Ctii~ Il(~T ~~1ACfl'~~ Ill l~l!>
~ - _, ~l~uACC U'I~~G~ ~Ih ~l dills ail Iti lA1~~1 it i li tUlli IIIIJICi
41V~i11~. i'1 lu .ill\ CI71 __ __. _.._
SECTION 3 -Contract Services
It is not the intent of the City to cause employees to lose their jobs because of a decision
to contract work. If a decision is made by the City to contract work not now contracted, and that
decision will result in change in the work conditions or status of employees in the unit, the City
agrees to meet and confer in good faith with the Union prior to making a final recommendation
to the Mayor and Common Council.
Tl [ill ~ i11 jam, L~ ~'~irlt d ~~I~t 9 ~l ~Y ~t)ll I~1 ~CII I~Cti_ I,hc ~il l~x7 ru L)U~1d Pd 11CRt Ac (~I hdAc C~.tLC
_ ' _ _.
i~j~l?~~I~IU1l1IA Iii E~I~~ ~~4 +CI'~ 7CCti ( i~I1ll del ItVAJiijti .IIC ~11~ilC~t its I~IC i~'~dAi~l~ 1I1 i1 ( iflllilli Rl 1~(~UIiCI~
_l~~ruv,11 ,roil v~,ill n,~t he ~?~aY,~t tlu~ i:~rc~m~nt.
SECTION 4 -Agency Personnel Rules
It is understood and agreed that there exists within the City in written or unwritten form
certain personnel rules, policies, practices and benefits generally contained in "Civil Service
Rules and Regulations for the Classified Service"; Resolution No. 6433, as amended; 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 those
provisions modified by the Common Council in accordance with state laws, orders, regulations,
official instructions or policies. In the cases of proposed changes to the resolutions other than by
agreement, the Union shall be consulted with prior to the consideration of these changes by the
Mayor and Common Council, except in cases of emergency as defined by the Mayor and
Common Council, in which cases the Union will be consulted with as soon as possible after the
changes.
Any departmental work rules initiated, established and promulgated by the City shall be
posted on bulletin boazds ten (10) days prior to their effective date, except in emergency
situations. A copy of such rules shall be sent to the Union office. The reasonableness of any
disciplinary action taken as a result of a violation of any departmental work rule may be
determined in the grievance procedure at the employee's election. The City shall make
reasonable efforts to acquaint employees with work rules. Work rules shall be uniformly applied.
General Unit MOU
2011-207
Each Department of the City, with the exception of the Police and Fire, shall provide
..~13I-'-Et~l i t ~i with a current copy of their Departmental Work Rules on an annual basis, no later
than June 30 of each yeaz. The Police and Fire depaztments will provide updates as they occur.
SECTION 5 -Safety Committee
There is established a+r r..,..~,...~, c.c,.. .,.,, ~,._:,,,... u...:,,... ~ ....... ...... c.~,...
Cin-~ci.[e ~atct~ + ~nnmittcc in which the General Unit has membership (three (3)
members). The Boazd will review all recordable accidents (both City equipment and personal
injury of City employee) and make recommendations to the City-~~1~3tijri.+~at<~+ \tana~~•r and
Director of Human Resources for all corrective actions in establishing better job safety.
The Boazd will improve safety communications throughout the City and review each
accident on or off City property. The Boazd will investigate all "industrial type" accidents and
"vehicular" accidents and make recommendations on how the accident could have been
prevented. The Boazd is expected to establish its own rules of conduct, to elect its own officers at
the first meeting in January and keep minutes of all its meetings, findings and recommendations.
The Committee is expected to meet no less than once a month at a time agreeable to all
members. Upon completion of reviews by the Committee of accidents/ incidents, the Committee
will make recommendations for corrective measures to establish safer working conditions and
may recommend disciplinary action.
It is of mutual benefit to the City and to the employee to be fully awaze of and comply
with all safety rules and regulations. The City, Union and employees agree to work towazds
preventing job-related injuries to employees and damage to both public and private property.
Guests and/or speakers will be allowed to attend based on advance notice to the City and
mutual agreement.
In the event a representative from either side is unable to attend a meeting, the
spokesperson from each side may, with two (2) working days' notice to the other side, select an
alternate from a predesignated pool of employees. T!.:' "~~,~,:" ~ " ~°* ~'~ ~ ~ ~~~ ~'~~~~ ~'~
The Safety Committee shall forward to the ~ u~~I ~ c i l office a copy of all minutes,
findings and recommendations at the conclusion of each meeting.
SECTION 6 -Labor-Management Committee
The Labor-Management Committee shall continue for the term of this MOU. Its
continuing purpose is for the discussion of common problems that are not addressed in other
existing procedures. The Union shall designate three (3) representatives to serve on the
Committee from different departments. The City shall also designate three (3) representatives to
serve on the Committee. The Committee will select a chairperson who will be responsible for
10 General Unit MOU
2011-207
receiving items, establishing agendas and informing participants of the time and place of
meetings. The Committee shall normally meet at least quarterly or may meet more often if
necessary at a mutually agreed upon time and place. Recommendations shall be considered by
management. The Union will provide a list of the three (3) Committee members to the Director
of Human Resources each July.
Guests and/or speakers will be allowed to attend based on advance notice to the City and
mutual agreement.
In the event a representative from either side is unable to attend a meeting, the
spokesperson from each side may, with two (2) working days' notice to the other side, select an
alternate from apre-designated pool of employees. The "pool" will consist of up to three (3)
employees, whose names will be exchanged by the City and the Union each July.
SECTION 7 - T~--~-r.,.,~ ^~,~-f:~Employee c:~ti;-~;4tc~~ ard.
~~ O~_ 117~i:. ~~C~1 Il.tl~'. ~I~AA II I~~ ~I~ulll .LII ~__~~C~lal~tll1C11! ~)t!1>I+~ii h~ I'~~?IY ~CI7L Lh~` ~ Illuil.
Ill~~~~A~l'1 ~~C~t~~il.llitj ~ 1 I l~ilu~ l~~ :1 Ulillllllll~c 1AI~~_hC jl~~~~Al Cl~ ~p ~C~l_4' Ullli (J ~i~I1~L1~1~~.11~_
~ II li til ~lC~Alll~~ ~h t~~_II~~L I~~CIA~ dill _l~~lUi~I1J ~. LI IIIC UI~ Ct~illlt~'ihU[I~~I1 ~t~l L~l~ i~t ~i '1 Litl Ull ~l l ~f.
~~
hall imiar t~~ (i~} a iniu~il list ~~f;tc~~ardt anal th~rca(tri u~rni i~~nr;t h~ thr ~ its The
1 _ L 1 - -
h~~,~unn ~~I a~~~:u~i ;hall n,~t intt~il.~, wth ih~ d;.il~ ~~hu'.~ti~m, „t the ( its
1 l General Unit MOU
2011-207
ARTICLE II -EMPLOYER-EMPLOYEE RELATIONS
SECTION 1 - Recognition/Union Security
CQDL'A
T e City ere y ac owe ges at ~~ tu~~ Inicrrr,itinnal t nil~n 11~ v~ratina
I _nY~n«i_> i I1_t ii i_has been and is recognized by the City as the exclusive representative for the
General Unit employees for purposes of meeting and conferring on wages, hours, and other
terms and conditions of employment and for all other matters related to employer-employee
relations for these employees.
The granting of "exclusive" recognition shall not preclude employee self-representation
in matters where individual rights, protections and concerns aze involved; provided, however, the
representation rights of the Union as exclusive representative shall not be compromised thereby.
If a unit member does not wish to be represented by the Union in matters pertaining to
grievances and disciplinary appeals and wishes to represent himself/herself, such member shall
be required to provide the Union and the City with a signed statement waiving the right to Union
representation in such matters.
SECTION 2 - No Strike
It is the purpose of the MOU, for the parties hereto, to confirm and maintain the spirit of
cooperation, which has existed between the City and the employees of the City. It is recognized
that any work disruptions aze unproductive to City operations and services provided to its
citizens. The Union and the City agree that they shall, at no time or in any way, jeopardize the
public health, welfaze 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
MOU that will result in benefits to the City and will provide continuous and uninterrupted
employee services. It is, therefore, further agreed that the Union shall not, on behalf of itself and
its members, individually or collectively engage in any curtailment or restriction of work at any
time during the term of this MOU.
SECTION 3 -Payroll Deduction for Union Dues/lcrcice f Fair Sbarel Fee,
..The City agrees to provide Union dues deductions for Union members only as long as
the Union remains the exclusive representative for the employees within the bargaining unit.
Conversely, no other employee organization shall be pemutted dues deduction privileges for
employees within the bargaining unit. The City shall not be liable to the Union, employees or
any other person by reason of the requirements of this article for the remittance of any sum other
than that constituting actual deductions made fmm employee wages earned.
Dues shall be deducted from the pay of each employee.::::: ~~~•~- ~'•° ° ~~" ~°~°°-' ~°~ - ~"
~~ ~~-
12 General Unit MOU
2011-207
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 membership has voted and
approved any change in the amount of dues. ''• ~ ~'~~,'°'° ' ~~+ ~~ ~~.•+:,.:..... ,...,,_
All unit members who were members of the Union on~~T-'_"„~; Januan 1. '] i l 1, and
----_ _ -_
those employees who thereafter become members shall remain as members in good standing of
said Union the duration of this MOU, except as provided for in this article.
;?.cirax~ aic iir.it kill kVf3rkc FVeeIE In ,1 Hlll', "''°^ ~=,r r, r6.~ G:,,.,.. ,..
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hCi~l i n~~.I ril Cl ntl~ trhlC~'lUn~ I~1 jt~ill111 ~ ~~f fl OJil~ldl~V ~U~\j~I llUn~ ~V llhlli CIIrAI~1~ti~ UI L'~lni[.'lU ~;i h.
1~~1m j~lru~nitiul~n ~~1 ^cuvr ntcnlh~r,hih m ,t1J1 r~li ~1~,n. h~,~h. ~,r ,~:t. ,h~111 n~~t h~ Ir~jpuc~l t~~
~~..In )( Ilntitir ldllV ~U1i~~~il,lll~_~~Ll ~ih~ Cill~liiAt~ 11f Cldli J~111n ;1 d Ct~I1~Il ll Ull ul Cll loll AIpCnl. I Ill
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J~LP,LI 113 L~'I~ ~Lir=_ II11lla11uit CCU, 14 ~t'~~.,iC\ ,~It~~ ~ __ __ __ _
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iLd..il[ \\Ilh 1 ~ hC 51111 ~I 116 ~~ lht 11I'.L ~~I\ lrlli r~ ~1t Ul\111_ i„___ _.__ _. ___
I : ~ ' ~ ~ ~ 1 } ~ 1 11_ _ ~~tU11c ui.n; .n tln.
i:_ICrntrrlr 1~t thr ~I.L~,r .In~l t~lulluuv~ I_ ~~un<II .mJ thr I luau- thr (ltv a:n~rc, ~o cle~iuri anal
- -- -__ --
ii.ul~,uut t„ II t 1L all ~I~~iurul~n, aulh~uvr~i ~m .1 ~~iilil hn>vidC.l 1,~ 11.11} t ~ ~I;ifu~t uxl irui ~iin
j„ 11 111_ .{II I 111 ~h«R` il~. ~I'nln f Il. ~Inj~iln ~~~.:II ~h~ ti I1C; t~ I 1]11 .Ah1] i11~ 71]r[ Clul L1~ ~~i~ Ull c'
lurnlh~~r~. ~.~i II t>}-_ ~+uch auth~ni.~d dui- ~Icduc~tinn ,m;i i air ~h.u'c Irr; ,hull hr rrnnttr~!
---
1,nn~hl'. Iu II tai .11~~n ,\uPl Sul .1~1u11lutc u~n1v<<I r~un,l ,ii ,le~luui~,n,. The Union shall
_-- --- --
indemnify, defend and hold the City harmless against any claims made and against any suit
instituted against the City in regard to employee organization dues .u_L.I__I_ilr ,i~_~r~__~~~,. In
addition, the Union shall refund to the City any amounts paid to it in error, upon presentation of
supporting evidence.
13 General Unit MOU
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SECTION 4 -Grievance Procedure
Definition of Emnlovee Grievance: A grievance is an alleged violation of the teens of the
MOU or of the laws, ordinances, resolutions concerning or affecting wages, hours or other
conditions of employment. The remedy selected by the employee shall be the exclusive remedy
pursued, either through the grievance procedure or through disciplinary appeals to the Civil
Service Board. If the employee chooses to appeal disciplinary action to the Civil Service Board,
he/she shall be precluded finm filing a grievance.
Additionally, allegations of discrimination and harassment may be submitted to the Equal
Employment Officer.
As used in this procedure, the term "immediate supervisor" means the lowest level of
supervisor not within the general employee representation unit. The procedure provides a
mechanism for settling the grievance informally with the "immediate supervisor," up to and
including the Division Head.
If this proves unsatisfactory, the grievance may be formally presented to the Department
Head or designee, the Director of Human Resources, and finally to the City,
li~~~r>>~~ r who will be the ultimate authority.
The aggrieved employee shall have the right to be represented, if he/she desires, by the
designated Union representative.
Working Day: As used in this section, "working day"' shall refer to the employee's
working day or to the working day of the other party involved (supervisor, Division Head,
Department Head, Director of Human Resources, City ~;;;;m~~;-ea~:i- ~i:~_~ ~~r and/or their
designees), depending upon whose response or action is pending.
Procedural Steps for Handling Grievances:
A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances
on an informal basis between the employee and a supervisor in the employee's chain of
command, up to and including the Division Head. + Intl Pi~resentation of the grievance must be
submitted to the Informal Step within ten (10) working days of the incident causing the
grievance or of the grievant's knowledge of the incident's occurrence. The date and the subject of
the incident should be provided with the request for the informal meeting. Within ten (10)
working days of the presentation of the grievance, the supervisor shall provide an oral response
to the employee. The supervisor will document (for record purposes) his/her response to the
employee in the event the grievance proceeds to the Formal level.
B. Formal:
I. If the grievance is not adjusted to the satisfaction of the employee
involved, the grievance shall be submitted in writing by the employee or his/her designated
representative to the Department Head or his/her designee within ten (10) working days from the
14 General Unit MDU
2011-207
date of the oral response. The Department Head or his/her designee shall meet with the employee
and/or his/her designated representative within the next ten (10) working days of receipt of the
written grievance and shall deliver his/her answer in writing to the employee within ten (10)
working days after the meeting.
2. If the grievance is still not adjusted, the aggrieved party may file a written
appeal with the Director of Human Resources within ten (10) working days from the date of
delivery of said answer. The Director of Human Resources or his/her designee shall meet with
the employee, and if the employee desires, the designated Union representative, within ten (10)
working days after receipt of the appeal, and-shall deliver his/her answer in writing to the
employee within ten (10) working days after the meeting.
3. If the grievance is still not adjusted, the aggrieved party may file a written
appeal with the City ^~i=~=:tra=~~~~i.u~.<<tr or his/her designated representative within ten (10)
working days from the date of delivery of said answer.
The City ^-\ (uw ~~ r or his/her designated representative shall
deliver his/her answer in writing within ten (10) working days after receipt of the appeal.
4. The decision of the City ^~~'~•'•'^~,~reto~,~l.u~ptci or his/her designated
representative is final and binding on all parties, unless reversed by a court decision.
5. All grievances shall be treated as confidential, and no publicity shall be
given the final resolution of the grievance.
C. Time Limits: Any grievance not answered by the City within the specified time
limit listed above shall be deemed settled on the basis of the Union's original demand. Likewise,
any specified adjustment not appealed by the employee or his/her designated representative
within the specified time limits listed above shall be deemed settled on the basis of the last City
official's answer. Time lines as above may be extended by mutual agreement only.
D. Consolidation of Grievances: In order to avoid the necessity of processing
numerous similaz grievances at one time, a single "class" grievance may be filed as long as the
grievances aze from employees within a single department. The City also has the right to
consolidate responses to such grievances. If the grievant is a group of three (3) or more
employees within a department, the group shall appoint one (1) or two (2) employees who signed
the grievance to speak for the collective group throughout the grievance process.
15 General Unit MOU
zoll-zoo
c
t'
Ll ,.,.,,-r... ..,r LI ...,J -~..__ __._
~ .
~
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.. ,. ~
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SECTION ~6 -Employee Lists
The City agrees to provide ,""° L,"ra list of names oftl~General Unit_Ln~~h ~c~~~,
by City department e~ ~ ~ ~ " ~ 1 ~ 1
_tr~ t1~_ i ni,u~ .t.
r~yur~t~J.
SECTION 6~ -Skelly Rights
It is mutually agreed that the City subscribes to the concept and application of
progressive discipline. Discipline shall be imposed upon an employee only for just cause.
If the employer has reason to reprimand an employee, it shall be done in a manner that
will not embarrass the employee before other employees or the public.
When an action for suspension or termination has been taken, subject to appeal, the
employee will be apprised of the action, the reason therefore, and will be provided with a copy of
the charges including material on which the action was based. Employees have the right to Union
16 General Unit MOU
2011-207
representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-Brown
Act).
A. The employee shall receive
disciplinary action~~r th•: c i~ it ~ ~~. ire R.~Ir.,.
c
ra,~u~ahl~ advance notice of the proposed
8 tii ~ ti >> ~.... ..:,,,,, .,
B. The notice muses>Irili contain the reasons. °~•n, '~:.hatges..uid ~t.~rmcnt ~~i ih~
_. -
~~ ~ nt, ~ n t ut um>nuir~, -upon which the proposed action is based.
D. The employee nx+,t-~h.~l I be given the materials, if any, upon which the action is
based.
E. The employee shall have the right to respond either orally or in writing within five
(5) working days of receipt of Skelly package to the appointing authority (Department
Head/Division Head) imposing the discipline.
F. The disciplinary procedure should be used for all serious disciplinary actions,
which aze normally considered (1) demotions; (2) dischazges; (3) reductions in pay; and, (4)
suspensions.
SECTION 78 -Non-Discrimination
The City and the Union agree that there shall be no discrimination against employees
within the bargaining unit because of race, color, rrli ~i~~t~, creed, teligier~, national origin,
a~u~_,u~, sex, age, mazital status. hl r.,i~ul ~li,uhilu~. ni~~iti_il c~,nditi~m,__~c~u,~l ~~~icnt<<ti,~n,
- --
hru~n.~ne~_~hilJhirth ~u irlAt~J iu~~~raJ c~atdilua~, "1 ,ins=- Icinul~ ~iripl~~~ •~_ tin ~~tli~i
- --- - __ _
~l.i ihr.iu~.ui hi,~ic~t~~l hp Ln~. or Union membership. Union membership also includes Union
activities.
Further, there shall be no discrimination against qualified individuals with disabilities as
defined by the Americans with Disabilities Act (ADA) of 1990, when those individuals do not
pose a risk to the health or safety of themselves or others. The ADA expressly identifies
reassignment to a vacant position as one form of reasonable accommodation.
SECTION H4 -Personnel Files
A. The Human Resources Department shall keep and maintain an official personnel
file for employees, which shall contain information relative to the employee. No other files,
records or notations shall be ofTicial except as may be prepared or used by the City or its counsel
in the course of preparation for any pending case, such as the Department of Fair Employment
and Housing or Civil Service matter or grievance.
17 General Unit MOU
2011-207
B. An employee's departrnent may maintain a file pertaining to an employee, which
shall contain job-related information only. It shall be the supervisor's responsibility to inform the
employee, with a copy thereof, of any detrimental material in the file that may affect the
employee's performance evaluation. An employee may grieve over the factuality of, or propriety
of, any material in such file. Such files shall be confidential. Both the City and the Union agree
that an employee's failure to challenge any material in such file does not justify the conclusion
that the employee is in agreement with any such materials. Such files shall not contain a copy of
any disciplinary action against an employee.
C. Employees and/or their authorized representatives, if authorized by the employee,
shall have the right upon written request to review the contents of their official personnel files
and department files. Such review may be made during working hours with no loss of pay for
time spent, and the employee may be accompanied by his/her authorized representative if he/she
so wishes. Reasonable requests to copy documents in the files shall be honored.
D. A copy of any disciplinary action or material related to employee performance,
which is placed in the personnel file, shall be served upon the employee (the employee so noting
receipt), or sent by certified mail (return receipt requested) to his/her last address appearing on
the records of the City. It is the obligation of each employee to provide the City with his/her
current address.
E. A full-time, permanent employee shall have thirty (30) working days in which to
file a written response to an employee performance evaluation entered in his or her personnel
file. Such written response shall be attached to the employee performance evaluation. The thirty
(30) working days will commence with the date the employee receives the evaluation for
signature.
The Human Resources Department will distribute to all City departments a
memorandum explaining employee performance evaluation response procedures for General
Unit employees.
F. Employees may request that any documents contained in the file of a derogatory
nature will be purged from their files after a period of twenty-four (24) months and no further
actions have occurred similaz in nature. The department head shall review such request and will
have final say on what will be purged.
SECTION 9+N -Bulletin Boards
The City will provide adequate space on bulletin boazds in each department/division for
the purpose of the Union posting notice of pertinent Union business. The Union agrees that
nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. In the
event that there is a dispute arising out of the pertinence of any literature the Union chooses to
post, the City ~t:m;~~~r_or his/her designated representative and a Union
representative will meet as soon as possible to resolve the problem.
18 General Unit MOU
2ott-zoo
SECTION 1111-1_ -Budget Documents
The City agrees to provide the Union at no cost one (1) copy of the annual financial
report, preliminary budget, final budget and resolutions or ordinances as requested by the Union.
SECTION I I+~ -Employee Orientation
The City will distribute the Memorandum of Understanding, or contract term and
conditions, as part of the employee orientation program conducted by the City for new
employees. The City will allow the union to make a presentation at employee orientations.
SECTION 12+~ -New Employee Information
~~~-~~ ~~- .r~.,*~ t ,l al rc~n~;t b~ lh~ t nl~„_ the Human Resources Department will
^~.,- l - - -----
furnish the Union with information on new General Unit employees, excluding their home
addresses. Data will include name, title, department, department phone number and date of hire.
r~ n ti_ a_a I 1_ ~. ~vl~ .a- 1, c.n, .,~h, ~t ,.+' «h
~I~l Ill l'V I ~ - [ nitro I ~,e~„
1. l~ rrral[ nit~m,E~l~~~rr,anhuwtu~I~~ul~nl.ll,ll~then ~lq~hln'tl~u_~.u'~lifiliatunl»Ith
- - _- - - -
I( ~ I( ~lwll h~ p~rmlttrel h, ~~.~ur .l I nilul hutam, held ~ h,g~~ ~n~ hin ~i. I~~n>> :c~ the hutt~~n h i~l~e_
~uy(~. U[ hill lh~C'i Ili~~ ~li.l(i a ~ Ill ~~1' hC,i~l~l IStiLIi ~~I' II1ICf~Cit' 1~1~h l~l~ C~~ICIt11L lihUl'£Illt~ll? ~t;~
T ___- - _-._._
I~ic nl l~U~ ~I',
1 _:. -
~i. ~It lvl hi~~Cl' Itlvil f)~ the dE~~~~C. ti.ll.~ ~~tl!{iill ~l-;~{1~~. ~~~SU, ~~i VIII IIILhL ~~C C~~n~I ~l Cllt AICh
.,Il „! Ihi 1~~ll~~um~:
__.._.. 'i ~}i~lpi~A d~l~i:
'. ~ ~~i. Liilllui'i11PU Clll ~~I~~:'N~ Ull~_ li Illllsl ~,~ tUll~'i'~(j lll~j !il UI) LAIC h~~J~.d~ ll.lj~
t _ _ T ___- - _- -__
.i(e I ~~hCrc._lhc ~~~C ~vl'1 l~;t~ h II >>~»c~ lU ~ ull Cl~
~~~ in the _ I 1 ~ !! __~ ~ _ _ L.ICL~a. ;!~n't.
~t Ill.ll Ilul Cdt1~~ 21 ills"iS1~C Lh 1l I~ ~1f1~~~~U',. ~i~»i ~IIC tai ~jC~tiili2lLul"~
L.nljl~ ~1~C~ il`~f U11 c~~ Ii~ N~ it j71"!~1C111Ai hC_K~lA: u( niLiA ~~I ~h~al p hnllt til. ~i IC~~. ~~~"~~. vi
hllt gill lh~ )IC.G~VCC;Ii~ j~ii l I~IC~~ Il ~ ~i~ inN u~llihil ll1115~ LhC i.IR (1 IIIIcLI_I l~ ~~~ IhC plc hl1A~J!' ~~~
l (i~1li i'il~ ~ IIIL ~111j1~i~~CC~ 1AI~~ ~l~ h..'t it l!t~~i~ lu NC:.II"I tlnll H} ~illl LiUl ~~t hlit Un ~~)Il `_'. d~ IL
~I~r~ Il `C U'U.II~ 1 ~dlCll ~~i ~1~,II LIi 1 ul~'. llll i'I'!c'I~ l'~Ith 1~IC Cfh~ICl11 ~~t~CI.IU VII<i~~ illy Clll~~~~~cl~_ U7
~UI1111C1 ~~1[h ~?I :'t I~ilhl~ •}~~~1~l L~~j llni~i llil ~dli~~ _ Ili ~~C~l,ll'U tl~n( \1 ~~1'~. III~IS ~~~lU'.111I1L
~l~Ilk
__
19 General Unit MOU
2011-207
ARTICLE III -COMPENSATION
SECTION 1 -Salaries
Salaries are per Resolution No. 6413, Section Ten, as amended by the Mayor and
Common Council.
IJl~ctiv~ ~ul~c I. X1111 IhI~I I, h aun~~ ~u. X111_'. all nnn ,,I~~h enl~I~,,c~,'nill ~,~uti~~~ar~: In
---
,I r~~lu~c~i_;I_ houl vv~Irh vvccl.. I he ro~u~r~ vv~,il. vv~ch will c~lu~u~ t~` ~Iphl~nnn.u:h .I for
--
- - -
~\rit~ntllll".1~?a` 1a~1~1c[inn.
lllc r~ducc~l v+ur6. ~~~rl. will nllt ahrr r~i;tlila Ah )[ ~IrU~ic, .m ~r',~rtim~. Ica.r .1rc1!ull,.
__ _ - _ _ __
Jilr1 I~~UCIll1i~C 1'~ 1~~ Il l,tillh~` i,L~:11~I U9..
I_hlm I~~pl,,~ul rrl tll~ 'VIUl by the Ai.iv~J .aJ~! i rnuw~n I nuncll_ the t,rnc[II I nit
- __
„ ,
' l~V~~~A~1~ A.I~~ llllc ~~I C~~~ h7C.CIL IIICI CJ ~~ rt ~l' AAA III 1 ~ ~ I i~~(J ~r`IUUAC nlt~Ill h:~_ ~I~~lli I~Ji ~~d~~ ~~~
~I1 -- __- __ -.. __ _-___
AIl'll ^1~1~1'tiA.ll.
-~
I-'!\I 1 'Il l.. TI /'!lI A 'II J, rh .,ti ..I,~ r.l hi ~„„^!
c
,~ L.,I+.~. .,r i l Co/,
+~~~~ 1 '1l1IV ...r 110~_~ /`„,r „F I A,J: ter.,, o.,r Il'/ll Ti ~olll
n,
I~ ~` I I I '( TH. I"r. Il .,tip r6.,r •L... ..r ,J. :II h~ .,l.~r..,~
Eil'lt:,cri-L>t~3tC~rrrci~ ~ `~ ~
SECTION 2 - PERS
I flcetivc 1 I t~\. the t'Ity ,h.lll~~luvi.lc_,1 1v~111CIIlCnI I_nll.ulcriucnt I'n~~am tl~ cyu~ll
'_~ r i> nJ {Iru ,~1 ~1 lllnt nt 1_iv.in~~ ld~uam.l t .(t 11.11 vvtth ull ~mhll~v~c ~In~l anJlvir~rcr
- - - -- _ - -
--
tl~,t p:u~1 h. the I u~_
20 General Unit MOU
2011-207
C fJ~~tl.~ tic~ic~nhir_i_.'nl . [I,ie I_ It~. ,.f tiau~ Iicrn~u~lin~~ kill <anend the curretrt I'I_Rti
~~fllLl ;lil It~ll itAI~e. ..L Ll ~1 LI~t _(eUl Cilli llL ~iCt~llll !~~~ ~ t! ~~ ~~~( _t~~ Cl~l{i ~l Ceti h11~C~1 <~!1 ~ P :I ]1C;'
I_Ilett ~ .Dine I ~U1__I_ Ill ti_.»I~ hnc~l nlemh~r, +.~ill hay the full ,"~, eroLi~~~ee
r , .,t . ., 1,'.., a ..+r.,. L,.....,.. ~ I I nov ~L., r~'... , .' n .. ~-.., ., , i cm ~
_ o .
o .
The City contracts with PERS for employees' retirement benefits. General Unit
employees are normally eligible for "Service Retirement" once they reach age 50 and have five
(5) yeazs of PERS-credited service. There is no compulsory retirement age for employees, such
as General Unit employees, who aze local miscellaneous members of PERS.
Employees inquiring about exceptions or about disability retirement should contact the
City Human Resources Department or a PERS Area or Field Office.
The City will pay the employer contribution for the Fourth Level 1959 Survivors'
Benefit.
> _~; _
SECTION 3 -Overtime
All employees in the General Unit ~ ~° ~•••~~ °• •~ ~" °° ~ ~~ '°°•r~~' will receive overtime
based on the requirements of the Fair Labor Standards Act (FLSA).
1 ~j CihVC ~UII~' ~_ ~tl~ ~ Chl Uil'~,~1 .~~tlll il! ill~~,._Clllh ~l~Aeeti Rh',~ ~Ftll~{~ 7 h"hi~li'- ~'~tQ-~~
+.c.'h hel!I b~u~ald meuiinr ~nn~,cn,,~ti~~n ~Il tJte Ft ~ \ I.Itc Ian .~I! luuu> ~~~rrhtJ nl~r ~h li hire
- --
Ill the i~i'~I~'ll:ICR~ ~~r~l'~~ '~ACe~~. ~.LC1(IUIL ~IC~~. hr~l~~.t~. Cnlll~~~ll tC~H~ lllih. dll~~ ~Il~e~ lull ~ ^AC
~~I HiI'~ ,h~l~) Inll .If 1~~~F 11 ill El i'~~~ h~lltlb ~Aui'~~_Ci~ Iil i~le b HI, `1~e~~ ~ ~~
Overtime work shall not be authorized unless the employee has obtained the prior
approval of his/her Department Head or designated Division Head. Emergency overtime work
may be authorized by the employee's supervisor without such prior approval, if obtained at the
eazliest possible time after the performance of emergency work.
In instances where standby and call-back work is required and directed, it shall be
regulated by, and paid in accordance with, the provisions contained in Article III, Section-~~~.
21 General Unit MOU
2011-207
Compensatory Time Bank: When an employee works overtime, he or she shall eam
overtime at the FLSA rate. Following prior approval of overtime as described above, the
employee will either be paid for the overtime worked or the number of overtime hours worked
will be placed in a compensatory time bank, based on the employee's request. The Finance
Department (Payroll) will track the compensatory time accrued and used, and the compensatory
time balance will appeaz on the employee's paycheck. Department Head approval will be
required in order for employees to use time from the compensatory time bank.
Once an employee's compensatory time bank reaches eighty (80) hours, the employee
will be paid for all subsequent overtime worked. By the end of June 30 each yeaz, an employee's
compensatory time bank must be reduced to forty (40) hours. Any hours in the compensatory
time bank in excess of forty (40) hours as~as of June 30 of each year will be paid at the
employee's regulaz rate of pay, and will be included on the first paycheck in December
(December 15).
If the employee terminates employment or if the employee is promoted to a position in
the City, the compensatory time bank will be paid off at the then current rate of pay.
SECTION 4 -Higher Acting Classification Pay
Upon approval by the City ^~_1 Lu,;i_~ r, a Department/Division Head may
assign or reassign a qualified unit employee to dischazge the duties of a higher classification
when a position is vacant or in the absence of the incumbent.
An employee so assigned in writing by the Department/Division Head, with the approval
of the Cityna~:r \ I.ui~grr, shall receive acting duty pay starting on the sixth
consecutive day of each acting duty assignment. No acting duty pay will be paid for the first five
(5) days of each acting duty assignment, except for those employees who can prove that they
have served a total of twenty (20) days in ahigher-acting classification during the previous
twenty-four (24) months, based upon their official Human Resources Department records. The
entire period of assignment at the higher classification, including the initial work demonstration
period, may not exceed sixty (60) working days, except by the mutual agreement of the City and
the employee.
Employees in the classification of ° ~'~ : ° `~' ~-'~°-' " °~, "' Intwrate~ ~A cutc ~ ~~~runv
C ir. ~ ui~ 5~nu~i liut ri ~tcJ \l"_~~~~ t ii,rrut.~r assigned to a higher acting position will be eligible
-- ___ -
for higher-acting pay from the first day.
An employee assigned to work in a higher classification on an acting basis shall receive
at least five percent (5%) above his/her current base rate of pay.
The City will not circumvent the intent of this atticle by using various employees to
thwart the intention of this article.
22 General Unit MOU
2011-207
SECTION 5 -Classification Appeal
Employees who believe they are performing duties of a higher level outside of their
current classification, and who believe they have been unable to resolve the situation
satisfactorily, shall have the right to appeal their issue via the current grievance procedure
(Article II, Section 4).
SECTION 6 -Call-BacWStandby Assignment & Pay
An employee who is free to engage in his/her own pursuits while off duty, sulljee~-c~
-~~r ~ ;nt~ccr ~~nl< <<~ ~.u~ in~_.~ ~~~~,~~r ,n to the understanding that the employee
leave word at his/her home or tl~-with the Department Head or designees where laef~:he-tI_~~
n ~_~~~ c~_can be reached, is not working while on standby. If called back, the employee shall be
paid for the time actually worked in accordance with Article III, Section 3.
If a Department Head places an employee on standby, defined as the employee being in a
state of readiness and immediate availability to come to work outside of their normal work hours,
the Union and the City hereby agree that the following is compensation in full for the hours of
work of the employee when in such standby status:
Standby Status Hrs Comcensated
For the employee's five (5) work days 5 work hours
during their work week (or prorate at 1.0)
For the employee's two (2) non-work days 5 work hours
during their work week (or pro rate at 2.5)
OR,
For all seven (7) days during a work 10 work hours
week
AND,
For any holiday, as described in this MOU, 1 extra work hour
during which the employee stands by for all per holiday -added
or any portion of the 24 hour day to the above
P.i~.nxnt fin' !tuw~ ~Ic,cnhcu ~ihrn. h~li_h° 1~~, rcuulati~m;. ~1=he
_- -- --- , c ~ i ~~m ~tn,utcJ u } I ti A.
23 General Unit MDU
zoit-zoo
General Unit Call-Back Pav: An employee cannot be in standby status and call-back
status at the same time.
Employees not formally assigned to standby status may still be called back to work. If reached
by their supervisor and called back to work, the employee will be paid for actual hours of work
at the FLSA overtime rate oftime-and-one-half (1-1/2) unless the employee has worked less than
forty (40) hours in the work week due to use of paid or unpaid sick time. ~ ucaii~n,, h~~l i~3a~_ .u~d
t:~n,~~cmar~~r< time. In such cases. employee will be paid straight time. Departtnent Heads may,
however, pay at the overtime rate of time-and-one half (1/2) regardless of s+e-lriga~_~_ time taken
in unusual circumstances at their discretion. An employee called back to work shall be paid for a
minimum of one-and-a-half (1-1/2) hours of work. I ~,r thchcri~~ii ~~t ltm~ I. Sul I thrt~uet~ June
ill, ~IIJ ~, [~1C ~ i.1 1 \; uCI. '~~CC~~ AAI~~ hC I~7ll'IA-CIA i Ohl l~u purl ~til~l lU~~ fCl ~fL ~~aC~+ (t~ 1~3P!t I-~1~!
___
1h~UL Ct'fCCLIIC.~U~~ ~. ~Ii~_~ ~~ll~hRIL 11:~i~LlCitl~UtS iA~ ~tll~l~Ki" Q~'(CCili~lll.
The General Unit employees covered by this MOU aze not so severely restricted in their
activities while in standby status as to be "working while 'on call"' as that term is used in the Fair
Labor Standazds Act 29 CFR 785.17.
Departments and Divisions, which utilize call-back/standby. will prepaze a qualified list
of employees. Departrnent/Division Heads will consider the following factors in establishing and
maintaining call-back and standby lists: employee seniority; special qualifications; skills; and/or,
voluntary work assignments.
For Departments and Divisions assigning call-back and standby on a rotation basis, only
the employee who appears first on the list may reject an assignment to call-back or standby.
Rejecting an assignment will automatically place the fast employee at the bottom of the list. The
employee listed next must take the assignment.
Departrnents and Divisions may use procedures that vary from the above, if the
procedures are: (1) consistent with Department/Division work rules; or, (2) implemented result
of an emergency situation.
Employee Court Subpoena Time: All City employees appearing in court on their day off
for awork-related court subpoena will receive compensation for the actual time spent in court,
with a three (3) hour minimum. Additionally, employees will receive one-half (1/2) hour travel
time for going to court. Employees will be reimbursed for all pazking fees associated with the
court appeazance.
In the event an employee is placed on standby on their day off for awork-related court
subpoena, the employee will receive three (3) hours standby pay for each day on a standby
status.
For morning standby subpoenas where employees are called to court and do not go
beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby
along with one-half (1/2) hour of travel time. If employees have to appear in court after the noon
recess, the actual additional time along with one-half (1/2) hour of travel time will be added to
the three (3) hours standby. In cases where the subpoena is for 1:30 p.m. or another time, the
standby will start with the time stated on the subpoena.
24 General Unit MOU
2011-207
All court-related compensation will be paid as time worked and at the appropriate straight
time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to
compensation for any prior time actually worked pursuant to such subpoena.
It is hereby agreed by and between the parties hereto that the General Unit employees
covered by this provision ate not so severely restricted in their activities while on standby status
as to be "working while 'on call'," as that term is used in the Fair Labor Standazds Act 29 CFR
785.17.
SECTION 7 -Shift Differential
Unit employees assigned to the Communications Division, Identification Bureau, Patrol
and Police Records within the Police Department, and the garage within the Public ~;«;
\~ ~~rl,, Department, shall receive the following pay differential in addition to their pay for actual
shift work designated as either the swing or graveyard shift.
A. An employee assigned to the swing shift (normal start and ending time of 4:00
p.m. to 12 midnight, respectively) shall receive $65 per month extra for all hours actually worked
darting such assignment; or,
B. An employee assigned to the graveyazd shift (normal start and end time of 12
midnight to 8:00 a.m., respectively) shall receive $100 per month extra for all hours actually
worked during such assignment.
C. Any employee who is permanently assigned to the swing or graveyazd shift will
receive the additional monthly pay. The additional pay will only begin and end on the 1 S` and the
16~' of the month. Whenever permanent swing or graveyazd shift employees work overtime on
another shift, their hourly pay will include the additional monthly pay.
D. Any non-swing/graueyazd shift employees who work overtime in a swing or
graveyazd shift will only be paid at the regulaz rate of pay (no additional differential pay).
E. The Departments, by memo, will inform Payroll which employees aze
permanently assigned to swing and graveyazd shifts and should receive the additional monthly
pay. Permanent is defined as working thirty (30) days or more.
SECTION 8 -Personal Tool Replacement Allowance
The City shall provide a tool replacement allowance for damaged, lost or stolen personal
tools in an amount not to exceed $350 per yeaz, per employee. Only those employees in the
following position classifications shall be entitled to such allowance:
Denartment/Division Classification(s)
1. Fleet Division Mechanics & Lead Worker
25 General Unit MOU
2011-207
2. Engineering Traffic Signal Electricians
3 ~•....:,•,:.,. n,.,,... „ r, . ,.,I~~,;~;,~ ~~,,,.I„ Maintenance Personnel
(includes Plumbers) &
Electricians I & II
4. Fire Department-Maintenance Shop Mechanics
The City will provide insurance coverage for Fleet and Fire Equipment Mechanic
employee tools, i€ ~~: h~ thrr the entire toolbox ~ n :un ~: ~~ ~I, .,rc i~stolen from tl~City property.
Claims against the above tool replacement allowance shall be honored provided when:
(1) the personal tools had been required by the City; (2) the tool had been mazked and
inventoried by the employee; (3) a report of such inventory had been filed with the Department
Head; and, (4) said tools had been properly maintained. Tools stolen or damaged through no
fault of the employee will be replaced by the employee and reimbursement thereof will be made
by the City, after submission of an appropriate City form accompanied by an approved invoice or
receipt. _
t~,° ^-,...°°~ ^+'~,° r':h 111 rcunhur,rmrnt~ ~~ ,t. Itic „r J uir.,,~~~1 r,,~~l, ~~ili he ~~,ii>htc*.~• 1 <u,
--
t~1~ III `$dF .17 ~LIh~~ (?t1 i~~, ,111 L' ~~8[C Val LI1 LhC ~'Il f'1~~-11~~L 11'1!1lCill
During the term of this MOU, all newly-employed mechanic personnel in the Fire
Department and Fleet 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 aone-time tool purchase allowance not to exceed $100 to assist in making such purchase.
SECTION 9 -Fines
The City shall pay for court fines imposed upon any permanent Employee within the unit
of representation as a result of his/her conviction of a violation as a result of being directed to
operate any faulty vehicle or equipment, where such fault is the proximate cause of the violation.
SECTION 10 -Bilingual Pay
General Unit employees, as designated by the City ~+rr»+r+-~t+atr~+ ~ 1;u+a~r and who meet
the certification and eligibility requirements as developed by the City, shall be compensated at
the rate of fifty dollars ($50) per month. The duties of the employee receiving bilingual pay may
be reviewed annually to determine that bilingual duties assigned to an employee aze being
performed on a regulaz and frequent basis. The designated employees may be tested annually for
certification and recertification.
Not more than forty (40) General Unit employees may be designated to receive bilingual
pay. The City -l~i+r+++}iu+~~.-~+ ~1.nav~~r_or designee will retain the right to select the forty (40)
eligible employees and to determine the departments where use of employee bilingual skills
26 General Unit MOU
zoii-zoo
would be best served. The City shall reserve the right to determine languages for which testing
will be conducted.
SECTION I1-Special Certification Pay
Employees in the following classifications:
• Code Compliance Officers; Equipment Mechanics; Animal Control Officers; City
Clerk Business License Checkers
Shall receive, in addition to their regulaz compensation, $50 a month payment ($25 paid
each pay period) for obtaining and maintaining the following certifications:
• ICBO or AACE Certificate
• ASE designation of Master Certified Mechanic
• Fire Mechanic Level II
• NACA (3) Certificates
• Certified Revenue Officer
It shall be the responsibility of the department and the employee to provide payroll with a
copy of their certifications and or renewal.
Certificate pay is limited to $50 per month per eligible employee.
ARTICLE IV -FRINGE BENEFITS
SECTION 1 - Health/Life Insurance
A. Effective January 1, 200-4`, the City will contribute:
• $31~-(-u-t- I~~?.++++ per month towazds the purchase of health care premiums for
"Employee ~iih~~._ith No Dependents"
• $4AOA(~+~+i~~,i++~ per month towards the purchase of health care premiums for
"Employee Plus One or More Dependents."
.".
r ~„o ,.r nn,..a n....o...a,,._...
27 General Unit MOU
zo>t-zoo
~r,.~~ k,~;~.T
,.
DI ll.... ,... 17A....., 71........ d.... ~.. „
Insurance benefits available for purchase by employees include medical, dental,
vision, life, '~~~~~ ',..., '' •~"~'~'~ and accidental death and dismemberment, as made available
through the City. Any contributions not utilized by an employee shall revert to the City.
B. An employee must purchase medical insurance offered through the City in order
to utilize the contribution described in subsection A.
C. The City shall contribute the PERS adopted schedule amount (currently
$-18-:41)1 ~ ~~,!!! ~~ per month i per retired employee to be used exclusively for the purchase of
medical insurance benefits.
D. City contributions not utilized by an employee revert to the City.
E. Cafeteria monies may be redesignated or a change of plans may be made in
accordance with the rules established by the insurance plan selected by the employee. Plan
additions and drops aze permitted in accordance with the rules established by the plans selected
by the employee.
F. An employee may not add another City employee as a dependent or be added to
another City employee's City health plan as a dependent, in order to receive "double coverage."
G. The City shall provide each employee with $25,000 Accidental Death and
Dismemberment (AD&D) plan insurance coverage at no cost to the employee. The City shall
provide each employee with $10,000 Life Insurance coverage at no cost to the employee.
H. Each member of the bargaining unit is eligible to participate in aCity-sponsored
program of annual cholesterol checks and dietary counseling.
28 General Unit MOU
2011-207
I. All employees shall participate in the City-sponsored Long-Term-Disability
(LTD) insurance plan. The City will pay one hundred percent (100%) of the LTD insurance plan
premium for employees during the length of this contract.
SECTION 2 -Uniforms, Rain Gear & Safety Equipment
A. The City shall provide uniforms for the following position classifications:
Animal Control Division:
Animal Control Officer
Registered Veterinary Technician
Animal Shelter Attendant
Senior Animat License Checker
2. Cemetery:
Pazk Maintenance Worker II
Park Maintenance Worker III
En in~g Division:
Traffic Signal Electrician
Maintenance Worker I and II and
Lead Maintenance Workers assigned to Signing & Striping
Electrician I and II assigned to Street Lighting
4 r .~.._ nn,...,...,,,.,.n~.r..~...,Puhlic G\~~rlr:
Custodian
Electrician II
Electrical & ITVAC Mechanic
Maintenance Plumber II
Storekeeper
5. Pazks, Recreation & Community Services:
Maintenance Plumber II
Pazks Maintenance Lead Worker
Parks Maintenance Workers I, II & III
Pazk Projects Coordinator
Landscape Inspector II
6. Police 8c Fire General Employees:
29 General Unit MOU
2011-207
All permanent personnel in the bazgaining unit as designated by the
appropriate Chief.
7. Public yes \l nrh~ DepartmenUFleet Division:
All full-time, general unit employees assigned to work on vehicle and
equipment will receive uniforms.
8. Public ~ It ~ ~rl:, Department/{~efu~lnt~~u~a[c~l ~~-~a~t_Division:
All full-time, general unit employees assigned to collect solid waste will
receive uniforms.
9. Public r l1 ,,rl„ DepartmenUStreet Division:
B. The City shall make appropriate rain geaz available for 1Zefuse- Inte~_r:a~d l\_i_
Operators, Cemetery personnel, Facilities Management Maintenance personnel, Animal Control
personnel, Pazking Control Checkers, Traffic Signal Electricians of the Engineering Division,
field Community Service Representatives in the Police Department and those personnel in the
Street Division and Pazks, Recreation & Community Services Department who may be required
to work in inclement weather. At least ten (10) sets of rain geaz shall be maintained and made
available on loan as needed to employees in the Fleet and Engineering Divisions.
C. The City shall provide uniforms to any employee required to wear a uniform.
f ~ The City shall purchase uniform shorts for use as part of the uniform. Each
department will establish guidelines for wearing shorts and employees will not be allowed to
weaz shorts when performing activities that may create a safety hazard.
fll . I fltrtt~~ luh I,_==)I). the t ii_ ~~ill nuni.ill~ rcirnharu_rnrmhrr, i~l ,li, t,~~ncr,al
I uil Inndcyi h~ ih~ I ntrrhn~c I nn... lili, ~Ia,ILir, 1~ ~~i tn~~,.u~~1. ihr ;nuch~i,e .,(' :wrl, t;n Cac,u
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~.~ni,i.h~nt ~rnh t m ~~~~L~~ l.,n~~l l~c~ shall ~uur .t~h fiu~t,. cur .~L ail tiroc,_~chik Dui dnh
SECTION 3 -Education Tuition Assistance
A. Purpose: The education tuition assistance program has been established to
encourage the employees of the City to take college courses and special training courses, which
will better enable them to perform their present duties and prepare them for increased
responsibilities and to provide fmancial assistance to eligible employees for education and
training.
B. Procedures:
30 General Unit MOU
2011-207
To be eligible for tuition reimbursement employees must complete an
"Education Reimbursement Form" prior to the start date of the course and
submit it to his/her Department Head for advanced approval.
2. When approved and signed by the Department Head, the form will be
forwarded to Human Resources for review and verification of availability
of budgeted funds. If approved, the forms will be returned to the employee
to maintain until the completion of the course.
The employee will submit his/her copy of the pre-approved application for
reimbursement within sixty (60) calendaz days of the completion of the
course. A copy of the final grade and the appropriate receipts for tuition
and textbooks must be attached for reimbursement. If objective ratings are
not rendered for a specific course, then a certificate of successful
completion must be submitted. Applications not submitted to the Human
Resources Department within the established time frame following the
completion of the course become void.
4. Once all paperwork has been forwarded to Human Resources for
reimbursement and HR has determined that it is in compliance with the
outlined conditions it will be forwarded to Finance for payment.
5. Reimbursement is not authorized for courses for which the employee is
receiving financial assistance from other sources such as the GI Bill,
scholazships, and similaz sources.
C. Eli ibility:
To be eligible for tuition reimbursement an employee must:
Be considered a full time, regular employee who has completed probation.
2. Enroll in courses that aze directly related to the employee's job or directly
related to a promotional position.
Enroll in courses that aze required to qualify for a degree that is related to
the employee's job.
4. Enroll in courses given by accredited colleges, universities, or adult
education courses under the sponsorship of the Board of Education.
No mail-order courses will be approved.
Workshops, seminars, conferences, and similar activities not identifiable as a
formal course of instruction within the recognized educational institution do not fall within the
purview of this program.
31 General Unit MOU
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D. Reimbursement:
1. Reimbursement costa will consist of tuition, registration fees, or textbooks
for each course. Additional expenses such as meals or pazking fees are not
reimbursable.
2. Costs for required texts aze eligible for fifty percent (50%) reimbursement.
The employee may retain the books.
3. Maximum tuition and book reimbursement is $125 per semester. Summer
session shall be considered a separate semester for purposes of this
provision.
SECTION Q -Parking Facilities
The City agrees to meet and confer with the Union in the event there are any future costs
imposed upon employees for pazking.
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1I1~1711~U dt ~ll~~l IPlllil t(1P_ ~il~ tCl~ ~t~'i~lc ,Itti~ ~l~~iiik~ C~1C ~Gllhial't~ ail ~tll]`_ ic~~ AV1~~ I't4 ~~c
__ __ __ -
7Clill~ltl l~~u~
SECTION 5 -Employee Assistance Program (EAP)
The City's Employee Assistance and Counseling Program (EAP) is designed to help
employees and their immediate families fmd direction in solving personal or emotional
problems. All counseling services aze completely confidential. The Human Resources
Department maintains a supply of brochures explaining the program more fully.
ARTICLE V -LEAVES
SECTION i -Vacations
A. All employees within the bargaining unit covered by this MOU shall be entitled to
annual paid vacations as follows:
Completed Years of Rate of Accrual Equivalent Hours
Continuous Service* per may Period Per Year
1 year** 3.33 hours 80 hours
5 yeazs 5.0 hours 120 hours
15 years 6.667 hours 160 hours
20 years 8.33 hours 200 hours
*Service yeaz begins on initial date of employment in a full-time, regular status.
32 General Unit MOU
2011-207
* *No vacation granted or accrued, if service is less than one year.
At the time of voluntary and involuntary 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 number of hours actually accrued, a deduction shall be made from the employee's final
compensation for the number of hours in excess of the accrual.
B. The amount of accrual shall not exceed the specified number of hours granted per
yeaz
C. Employees shall not be permitted to work in their City position in lieu of taking
vacation in order to receive additional compensation.
D. Vacation credits may be accrued and accumulated up to a maximum of two (2)
years total accumulated vacation credits upon approval of the Deparhnent Head, as per the
employee's rate of accrual. Vacations or portions thereof from a prior yeaz may be taken
consecutively with vacations or portions thereof of a succeeding yeaz, subject to the approval of
the Department Head. Except as approved by the Department Head, no vacation or portion
thereof from a prior yeaz shall run consecutively with the vacation of a succeeding year; and, a
period of three (3) or more months should normally elapse between the expiration of one year's
vacation and the commencement of the next yeaz's vacation.
Requests to utilize accrued vacation shall be submitted in writing on City
approved forms to the Department Head. Department Heads shall respond to vacation requests
submitted on City approved forms within five (5) work days. Department Heads shall not
unreasonably delay responses to employee vacation requests. Nothing in this article shall be
construed to prevent a response to the employee's request before the expiration of five (5) work
days.
The vacation period to which any employee shall be entitled shall be assigned by
the Department Head in the calendaz year when due, except when the Departnent Head with the
approval of the Mayor determines that an emergency or other valid factors prevent the employee
from utilizing his/her vacation during the calendaz year when due. Should this occur, the
employee's vacation should be rescheduled at the very earliest mutually acceptable date.
In the event an employee is compensated for less than fifty percent (50%) of the
payroll period, he/she shall not be credited with any vacation accrual for that pay period.
E. Upon termination, payment for earned vacation or deduction for unearned
vacation shall be made on the basis of the hourly rate of pay being received by the employee on
the date of termination.
F. Whenever the terms "yeaz" or "yeazs of employment" appeaz herein, they shall be
deemed to include all services for the City of San Bernazdino.
33 General Unit MOU
zoit-zoo
G. The employee shall not lose any vacation time off due to action by the City.
H. Vacation credits may be taken off in increments according to Department Work
Rules with prior Department Head approval.
I. When an employee returns to work after a break in continuous service, and when
such break in continuous service shall have been by leave of absence with the approval of the
Mayor and Common Council, vacation time shall not accrue during such break in continuous
service, but shall accrue from the date of return to service from such approved leave of absence,
based upon the total length of service of the employee.
J. Employees may sell back up to forty (40) hours of vacation time per yeaz
providing that the following conditions have been met:
1. Employees must have a minimum of one hundred twenty (120) hours in
their vacation balance before sell back occurs.
2. Employees must have taken aone-consecutive (1) week vacation during
the past year prior to the sell back of hours.
3. Employees must complete a sell back form, which must include a
Department Head signature.
4. Forms must be submitted to the Finance Department on or before April
15`" of each yeaz.
5. Payment for vacation sell back hours will be paid (using current Council
approved salary rates in the salary resolution) on the employee's May 15 paycheck each yeaz.
SECTION 2 -Holidays
A. City Designated Holidays: Employees shall be entitled to twelve (12) City-
designated holidays, the equivalent of ninety-six (96) holiday hours each yeaz. The following
days will be holidays for the purpose of this MOU:
New Yeaz's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
34 General Unit MOU
2011-207
New Year's Eve Day
Plus;-m;- ci`I~~~en t i_4 ~ hours of Holiday Account time, per year (see
subsection B).
Effective January 1, 2006, all full-time employees within the bargaining unit with
the exception of those employees mentioned in the following pazagraphs shall be entitled to
twelve (12) City-designated holidays, the equivalent of one hundred eight (108) holiday hours
each yeaz.
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 regulazly assigned working periods, provided they are in a
paid status during any portion of the working day immediately preceding or succeeding the
holiday. If it becomes necessary for an employee to work on any of the above-mentioned
holidays, except as provided herein, he/she shall receive pay at the regulaz rate and shall be
allowed another day off at full pay as approved by the Department Head.
B u .,l'. L, n nl~ T'ff'rti .~ ~ ~ t 'ii
. 1
lh
... ~..,, ~ 2 n ..
~~
Effective January 1, 2006, unit employees will receive eighteen (18) hours in their
Holiday Account (formerly know as Floating Holidays). Employees may maintain a balance of
more than eighteen (18) hours in their holiday account during the fiscal year;; °~';°'~rf-each
i~1~~µ n.,.IJ 1'] n I 1. 14 I 1 n~ :II~.~t
L. r
1~c~=1~2_ ELI [li i. '1~~ ~. LI11R C71 ~~~~~~u?_177d1__,~.11'PA u~U l~~l i~ _~_II11 ~?~~ll l~', ~~~ 2«~iU~t1
t 1 ;i 1~~''
Ilu~(ill ~~J~c i.14f7 ~lill~ 11 ~~, Ill ~~u~li~i~ ~~,lll~~ ~lnlll~~ ~~~U ~~.il` DUI di ~l.il. '.~lll 1~4
h ~I'IYU~~~I.
Effective January 1, 2006, if a holiday falls on a ten (10) hour workday, the
employee will be paid nine (9) hours holiday pay. The employee may supplement the holiday
with accrued vacation, holiday account time, compensatory time, or no pay.
Each Department Head shall consider employees' requests for scheduling the
`~ ~_~~i~~~~n ~• I ~ ~ holiday account hours per calendar yeaz, provided however, the final
right to allot the hours to be observed is reserved exclusively to the Department Head. The
Department Head will not unreasonably withhold permission to take time off.
35 General Unit MOU
2011-207
~~
1~!`
Effective January 1, 2006, on City-designated holidays, new employees with less
than six (6) months of continuous service with the City will receive nine (9) hours of holiday pay
and will be able to "draw down" one (1) hour from their holiday account, depending upon
whether they are working a 4/I 0 schedule. They may also elect to take one (1) hour of no pay.
If new employees elect to "draw down" from the holiday acwunt, the hours used
will be deducted from the eighteen (18) holiday account hours they receive upon the completion
of six (6) months of continuous service.
Gr~u:uricc-c~j?c'i}~p^"ni'r'irF:TC.-.iz- '
C. Other Provisions: Employees who, due to scheduling, must work on a recognized
City holiday will be compensated on the basis of the number of hours worked on said holiday,
excluding lunch/dinner break. The hours accruing to the employee's holiday account for that day
shall not exceed eighEhu+ i ~ i n ~ ~'~ ~ hours.
If a holiday occurs on a normal day off for an employee, the employee shall
receive no additional pay.
The decision as to whether in-lieu of time off or pay is to be received shall be
based on the availability of funds and needs of the department, as determined by the Department
Head. If in-lieu of time off is directed by the Department Head, it may be added to the regular
annual vacation period, but must be taken within one (1) yeaz of the date in-lieu time was earned.
Employees of the Public tee:: ~~~~rl., D Intcuaud t\a~t~ Division, except clerical
employees and certain designated employees of the City Fleet Division needed to support the
u, wit, c_n ~_.,, o_a .. rv.,:..~,... _ - __ .
,,~;, ,~,r~.,-r[n(~~~r~i~J t~,:~,,~t~~ ~)i~i;«~n operations, s all enjoy the
holidays listed above as they occur, except For Veteran's Day, November 11; the Friday after
Thanksgiving Day and, the holidays observed the day before Christmas and the day before New
Yeaz's Day. Said employees shall receive an additional day's pay for each such holiday on which
they are required to work. If such holidays occur on a normal day off for said employees, they
shall receive no additional pay.
Holidays 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. If the Christmas and New Year
holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays
and Tuesdays.
36 General Unit MOU
zoii-zoo
D. Effective January 1, 2006, upon sepazation from the City, employees shall be paid
for ninety percent (90%) of his/her current holiday account.
SECTION 3 -Sick Leave
A. Definition: Sick leave means the absence from duty of an employee because of
illness or injury, exposure to contagious disease or attendance upon a member of his/her
immediate family who is seriously ill and requires the caze of or attendance of any employee.
Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister;
brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren;
grandchildren; and, step-grandchildren.
Sick Leave Usage for Familv Members: Not more than eighty (80) hours of sick
leave within any calendaz yeaz may be granted to an employee for the care of or attendance upon
members of his/her immediate family, as defined above.
Not more than forty (40) hours of sick leave within any calendar yeaz may be
approved for an employee for each absence for purposes of attending the funeral of a member of
the employees' immediate family. The City may require an employee to submit evidence of
eligibility to use sick leave for purposes of attending the funeral of a member of the employee's
immediate family.
Sick Leave Usage for Emplovees: Upon the department's request, an employee
must provide a physician's statement to justify a sick leave of forty (40) consecutive hours or
longer. If the Department Head finds with just cause that sick leave is being abused, the
employee may be required to submit a doctor's statement.
No absence due to illness or injury in excess of forty (40) hours shall be approved,
except after the presentation of satisfactory evidence of illness or injury. A certificate from a
practicing physician or an authorized practicing chiropractor may be required by the Department
or Division Head, and shall be subject to his/her approval concerning such absence. The Mayor
and Common Council shall have the power to require that any person claiming the sick leave
benefits of this MOU be examined at any reasonable time or intervals by a designated physician,
and in the event of an adverse report, to reject such claim for sick leave, in whole or in part and
to terminate sick leave compensation. In the event of the refusal of any person to submit to such
examination after notification, the Mayor and Common Council may terminate sick leave
compensation and reject any claim therefor. The Mayor or Common Council shall have the right
to require the presentation of a certificate from a practicing physician or a designated physician
stating that an employee is physically or psychologically able to perform his/her work and duties
satisfactorily before permitting an employee who has been on sick leave to return to work.
In order to receive compensation while absent on sick leave, employees shall
notify their immediate supervisor or designee prior to or within thirty (30) minutes of the time set
for beginning their daily duties, or as may be specified in Department/Division work rules.
37 General Unit MOU
2011-207
Sick leave with pay shall be granted to all regulaz employees and to all temporary
full-time employees whose positions aze funded under federal law who are regulazly employed in
permanent or federally-funded positions, if such benefit is required by said federal law. Sick
leave shall not be considered as a right which employees may use at their discretion, but shall be
allowed only in case of necessity and actual personal sickness or disability, except as otherwise
provided herein.
Whenever an employee is compensated hereunder for sick leave or injury and has
not had a vacation at the end of the current calendaz yeaz, the employee must take vacation not
utilized due to illness or injury during the next calendaz year.
B. All full-time, regular employees who have completed the first six (6) calendaz
months of continuous service with the City shall be granted a sick leave accumulation of forty-
eight (48) hours. After six (6) months or more of continuous service, employees who aze
compelled to be absent from work on account of illness or injury other than that which is
compensabee under Article V, Section 5, shall be compensated for sick leave, provided that such
compensation shall cease upon the exhaustion of all accumulated sick leave. Employees shall not
accumulate sick leave while compensated under the provisions of Article V, Section 5.
Time off with pay for sick leave shall be considered as time worked for gurposes
of the accrual of sick leave only. Sick leave usage shall not be decreased by the fact that any
legal holiday occurs during the time off on account of illness. The words "legal holiday" shall
have the meaning ascribed to them in Article V, Section 2. Sick leave shall not accumulate
during periods of leave of absence without pay.
In the event an employee works less than fifty percent (50%) of the total normal
work hours in the pay period, he/she shall accrue no sick leave for such pay period and shall not
be credited with the four (4} hours sick leave. Sick leave may be accumulated without limit.
Approved vacation, sick leave, holiday or compensatory time off shall be
considered as time worked for the purpose of computing sick leave benefits only.
Whenever the employee uses all allowable sick leave, further absences may be
chazged against accrued vacation upon approval of the Department Head. If all allowable sick
leave has been used and use of accrued vacation is disapproved, the employee will take loss of
pay for the time not covered by allowable sick leave.
SECTION 4 - Payment of Sick Leave
A. Payment for Unused Sick Leave: Unused sick leave is payable at any resignation
without prejudice (including death and retirement) up to a maximum of fifty percent (50%) of
unused Sick Leave up to the 600-hour cap. Payment will be at current Council approved salary
rates in the resolution.
38 General Unit MOU
2011-207
For employees with over twenty (20) years of service, one hundred percent
(100%) of all unused sick leave up to the 600-hour cap will be paid at resignation without
prejudice.
B. Sick Leave Sell Back: Effective January 1, 2001, employees with perfect
attendance in the previous calendar year will be allowed to cash out up to five (5) days (40
hours) of sick leave per yeaz, providing the employee has at least 160 hours in their leave
account after the sell back to be eligible. Employees must complete a sell back form, which must
include the Department Head's signature to the Finance Depaztment on or before Febmazy 15"'
each yeaz. Payment for sick leave sell back hours will be compensated on the employee's Mazch
31~` payroll check.
SECTION 5 -Catastrophic Leave
Upon request of an employee who is experiencing catastrophic illness, and upon approval
of the City ;~~I++a+rr.t+at«~ ;~tanarr and/or Department Head, leave credits (vacation or floating
holidays) may be transferred from one or more employees to the affected employee under the
following conditions:
A. Sick leave accruals cannot be transferred among employees.
B. The employee with a catastrophic illness or injury has exhausted all other leave
accruals and has completed at least one (1) yeaz of continuous service with the City.
C. The donation must be in four- (4) hour increments of vacation, compensatory time
or floating holidays by employees who have completed at least one (1) yeaz of continuous
service with the City.
D. Employees may not donate leave they would otherwise forfeit. For example,
employees who aze separating from City employment may donate leave only up to the amount of
the payment they would receive upon sepazation.
E. Donations shall be on a form developed by the Human Resources Department
Head, signed by the donating employee, approved by the Department Head and verified by the
Finance Department. Procedures shall be as approved by the City -\~l+r+++++>E~ <a.++ ~ i~in_3_~r.
F. An appeal will be considered on a sepazate basis, if denied.
G. Unused donated time that has been credited to the requesting employee's account
will not be returned to the donor's account.
SECTION 6 -Injury Leave
Effective with the first day of necessary absence for industrial accident or illness leave,
eligible employees will be approved to receive Workers' Compensation benefits. Each employee
39 General Unit MOU
2011-207
shall be authorized upon his/her written request to utilize the balance of his/her accumulated sick
leave, vacation, holiday account and compensatory time credit to augment the amount of
temporary disability he/she receives, to the extent the total sum received will result in payment
equal to his/her normal compensation. The utilization of sick leave for this purpose shall end
with the termination of the temporary disability or when the accumulated sick leave credits have
been exhausted, whichever occurs first.
When employees sustain what they believe to be an industrial injury or illness, they shall
request an "Employee Claim for Workers' Compensation Benefits" form from the supervisor.
The supervisor is required to give the employees this form within one (1) working day of the
City being notified of the injury. The supervisor will log date and time employees were given
form on Supervisor's Report of Injury. Employee must return Employees' Claim form to
supervisor to begin the process of filing an industrial injury. In the event the employee is unable
to prepaze the form due to hospitalization, serious illness or injury, the supervisor or a member of
the department/division staff shall prepaze the required report.
The City shall have the right to require the employee to be examined by a physician
designated by the City to assist in determining the length of time during which the employee will
be unable to perform the assigned duties, and if the disability is attributable to the injury
involved.
Should there be a dispute between the physician selected by the City and the physician
selected by the employee, a third physician shall be mutually agreed upon between the employee
and the City to examine the employee to assist in making necessary medical determinations.
If an employee is receiving disability payments, he/she shall be entitled to use only as
much sick leave or vacation as, when added to the disability payments, will provide for a full
day's pay.
SECTION 7 -Leave of Absence Without Pay
Leave of absence without pay is a temporary, non-pay status and absence from duty
granted at the request of the employee. Leave of absence without pay may be granted by the City
\~}~r~++w;t~~~~>r `1:~n:j~~~r for a period not to exceed six (6) months, upon the positive
recommendation of the Department Head. Under justifiable conditions, said leave may be
extended by the City ~rt}+t~++}+.ttR+ir \Lui:~g~r for additional periods. Leave of absence without
pay will be considered favorably, if it is expected that the employee will return to duty and that
at least one of the following benefits will result: increased job ability, protection or improvement
of the employee's health, retention of a desirable employee or furtherance of a program of
interest to the City. Examples of or conditions for which a leave of absence without pay may be
granted aze:
A. For an employee who is a disabled veteran requiring medical treatment;
B. For an employee who is temporarily mentally or physically unable to perform
his/her duties;
40 General Unit MOU
zoti-zoo
C. For an employee who files for or assumes elected office;
D. For maternity or paternity leave__he. nd_ih_ir_u~uu,d t,~_ ! edcrul a,~~1 ~t~i~c ! .~«,
upon the recommendation of N~a physician;
E. For military leave when the employee has less than one (1) yeaz service to qualify
for leave with pay;
F. For Union activities, upon designation by the Union.
An approved leave of absence without pay for sixty (60) days or less in any calendar year
will not be considered a break in service. Leave in excess of sixty (60) days shall result in the
advancement of the employee's anniversary date and compensation advancement date to such
date as will account for the total period of uncompensated time off. Failure to return to duty at
the expiration of the approved leave of absence without pay shall constitute an abandonment of
the position pursuant to Rule 507 of the Rules of the Civil Service Boazd and shall be prosecuted
consistently therewith.
The City's contribution towards an employee's health and life insurance premium will not
be extended beyond the last day of the month in which a leave of absence without pay begins, if
the leave of absence without pay becomes effective during the first fifteen (15) days of the
month, nor beyond the last day of the next succeeding month, if the leave of absence without pay
becomes effective after the fifteenth day of the month, unless the employee returns to work from
leave of absence without pay status prior to the date the City's contribution would be
accumulated. In the event the employee desires to maintain full health and life insurance
coverage while on leave of absence without pay status, he/she may arrange to pay the insurance
premiums for the coverage desired (both the employee and employer portions). It is the
responsibility of the employee to contact the City's payroll section in this regard. The payment of
the amount of the premiums must be made to the City's payroll section prior to the date on which
the City's participation will terminate. Payments must be made montlily thereafter until the
employee either returns to work or his/her employment with the City is terminated.
Upon an employee's return to work, the City's contribution towards the employee's health
and life insurance premiums will begin on the first day of the month following the end of the
leave of absence without pay, if that leave of absence without pay terminated between the first
and the fifteenth day of the month, or on the first day of the next succeeding month, if the leave
of absence without pay terminates after the fifteenth day of the month.
Notwithstanding any other provision of this section to the contrary, the City will continue
its contribution for health and life insurance premiums of an employee on leave of absence due
to any injury or illness arising out of and in the course of his/her employment with the City.
In circumstances in which either the Federal Family ui~l._,\t~~l["~l .Leave Act. c~-the
~ ;ihf;,ini„i 1 _unil~ IZi~ht, Act. ~ .ilily~rni: I'r~ ~nanc~ Ui5<;hilit~ I ~ut~ I :m. 1nr~ri~an girth
i~I~.I~~1~lUC~ ~ul. ~'1'C_~71111C` ~)Ii~IlI11I11_I(Il~ll ~ll ~!I ~JI1 ~JI1 ~~~1 ~AIlA'IlI Ull~ ~:~ull~Illt~ ~~l ~ti~C
^" """°' °"`, ` •°r~'. ` ~ ~ ^ - apply, the City shall adhere to the requirements of the .g~L~l i~:~hlr
Acts.
41 General Unit MOU
2011-207
SECTION 8 -Witness Leave
Employees shall only be entitled to a jai cl leave of absence when subpoenaed to testify as
a witness in civil litigation involving the City, such subpoena being properly issued by a court,
agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in
any case in which the subpoenaed employee is a parry to the action. Witness leave shall not be
chazged against any accumulated leave balances and shall be compensated at the employee's base
hourly rate. Employees shall only be entitled to paid witness leave if they provide a copy of the
subpoena to the City within twenty-four (24) hours of receipt.
SECTION 9 -Blood Donations
Unit members who donate blood in the interest of the Ciry without receiving
compensation for such donation may have the required time off with pay with prior approval of
the immediate supervisor for each such donation. This benefit shall not be changed to any
accumulated leave; provided however, if the employee is unable to work after such donation,
time may be chazged to accumulated sick leave or be taken as leave without pay. Evidence of
each donation must be presented to the appointing authority to receive this benefit.
SECTION 10 -Election Leave
Employees may request time off to vote in accordance with Resolution No. 89-38, as may
be amended. This is attached as an exhibit to the MOU.
SECTION 11 -Military Leave
Unit members on leave for military duty +k+l-~-.hall be compensated pursuant to t_ a l ifs ~r ni ,~
Military and Veterans Code Sections 395, et seq. .{nd the l~duul 1'nil~~rmrd S~nic~~
- --- ---
I,m~hannent rind I~~_m~~Iucmm~t I~iuht, .ri i ;~ _( .ti C' ~~ t;Iil ~t,__ ;cam The specific
compensation and reemployment rights of individual employees shall be determined based upon
the applicable requirements_a~~c utin~p~~lJ ~t_it~ and I rdrrai Ian; .~a ~~~~ ~-~~•-~ ~' a ,copies of
which ma be obtained throu the De artment of Human Resources. All military service shall
be counted as City service when calculating whether the employee has twelve (12) months of
service with the City.
Replacements for unit members on military leave will be hired with regulaz (rather than
temporary) position status. However, they will be subject to layoff when unit employees on leave
return.
42 General Unit MOU
2011-207
,.
'r _i w
ter i ~. ,i ~ ~.., cRn~ n a,..~ ~ .~ n ..+_
.
SECTION 133 -Jury Duty
Every general permanent employee of the City of San Bernardino and every employee
whose position is funded under federal law or is employed in a federally funded position, if such
benefit is required by said federal law, are covered by this section.
Employees shall provide prior notice to their supervisors regarding jury service. In cases
where the completion on any day of such jury service does not exceed a period of four (4) hours
duration of the employee's assigned work shift, it shall be the responsibility of the employee to
return to work within a reasonable time after hisJher release or discharge from such jury service
on that day. However, where such employee is required to continue in jury service for a period in
excess of four (4) hours duration on any such regulazly scheduled working day, said employee
shall not be required to work on that same day of hislher release or discharge from jury duty. if
the start of the employee's shin is two (2) hours or more prior to the commencement of jury duty,
the employee shall be required to report to work. This is subject to adjustment based on the
location of jury service.
Under such circumstances of compensable jury service, every general permanent
employee or every federally funded general employee as aforesaid, shall be paid their regular
pay,. less jury duty fees while serving on jury duty.. provided a copy of all jury fees paid to the
individual employee, less automobile expenses allowed, aze submitted to the City Finance
Department.
Employees shall notify their superiors of any call for jury service promptly upon receipt
of notice thereof, and of any absence from duties due to such jury service in order that a
replacement or substitute may perform their duties. When an employee fails to promptly report
the receipt of all call to jury service; when so required, or fails to promptly notify their superiors
regarding the absence for jury service, said employee shall be considered as absent without leave
and no salazy compensation shall be paid.
A3 General Unit MOU
2011-207
In the event, during the course of any jury service, an employee is ordered by a judge or
other officially recognized judicial body into a state of sequester, the employee shall be paid the
regulaz wage during such time of sequester without supplement from any accrued bank of time.
Any employee who is summoned to Grand Jury Service shall be entitled to all benefits,
restrictions and requirements of this section.
The City will pay for up to fifteen (15) working days in a calendaz year of a covered
employee who is required to serve jury duty.
Whenever a covered employee is duly summoned as a witness, except where the
employee is a litigant or defendant in a criminal case or any action brought about as a result of
his or her own misconduct, he or she shall receive regulaz compensation for any regulazly
scheduled working hours spent in actual performance of such service.
~.
ARTICLE VI -WORKING CONDITIONS
SECTION 1 -Work Periods
A. City Work Schedules: City work schedules shall be as herein defined, except as
otherwise provided for:
1. 5140 Work Schedule: The 5/40 work schedule shall consist of a forty- (40)
hour work week consisting of five (5), eight (8) hour work days, exclusive of any meal periods
assigned by management.
a-_ . 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (80)
work hours in a two (2) week period, consisting of eight (8), nine (9) hour work days and one
(1), eight (8) hour work day, exclusive of any meal periods assigned by management.
3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty- (40)
hour work week consisting of four (4), ten (10) hour work days, exclusive of any meal periods
assigned by management.
Work schedules shall be posted on all department bulletin boards showing the
employees' shift, work days and where known, hours.
44 General Unit MOU
zoit-zoo
B. Work Schedule Adjustments: It is understood and agreed that Department Heads
shall establish such work schedules as may be necessary for the efficient and economical
provision of services for the public, and to make such adjustment in work shifts as aze from time
to time required. The City shall give the employees and the Union two (2) weeks' notice of any
proposed changes in scheduled work shifts prior to implementation. If the Union wishes to
consult with management regazding the proposed changes, it shall notify the City within seven
(7) calendaz days from receipt of notice. Upon notification by the Union, both parties shall meet
within ten (10) calendaz days in an earnest effort to reach a mutually satisfactory resolution of
any problems arising as a result of the proposed changes. Work schedule changes resulting from
an emergency situation or circumstances, which disrupt normal City operations as determined by
the Department Head. are not bound by the two- (2) week notice requirement.
If a light-duty assignment for an employee will result in a shift change, e.g., from
day shift to graveyard shift, the City shall give the employee and the Union two (2) weeks'
notice of any proposed shift changes prior to implementation. The procedures described in the
first paragraph of Section B above shall apply.
1. This section does not include minor adjustments in the starting and ending
times of employee shifts
2. During the two-week notification period, the employee continues on
current status/schedule.
SECTION 2 -Physical Examinations
The City shall pay medical fees for the physical examination of any unit member within
the unit of representation.-~ ~ihen such examination is required and directed by the City after
employment. The City may arrange with a physician or medical group for such examination, or
if the situation warrants, the City may authorize an employee to be examined by a doctor of
his/her choice. In the event an employee is authorized to be examined by a doctor of his/her
choice, reimbursement shall be made by the City for the cost thereof, provided, however, that the
amount of reimbursement shall not exceed the cost the City would have paid its contract
physician or medical group.
SECTION 3 -Probationary Period
All new or newly promoted employees must serve a one (1) yeaz probationary period.
SECTION 4 -Seniority
Department Heads will consider seniority in authorizing vacations, scheduling shift
assignments and transfers. Seniority shall prevail when all other factors ate not significantly
different. "All other factors" is defined as special qualifications, skills, work performance, as
45 General Unit MOU
2011-207
well as attendance and safety. An employee shall not attain seniority until the completion of a
probationary period, upon which three the seniority date shall be from the last date of hire within
the department, division or section. In the event of layoffs, due to lack of work or funds that the
department deems it necessary to reduce the working force, the last employee hired within the
classification so reduced shall be the first laid off unless helshe possesses special qualifications
or whose loss of skills would adversely affect the public welfare or has superior work
performance that can be documented.
Emergency, temporary and provisional employees shall be laid off in that order prior to
the layoff of permanent employees in the same class. In a department where there is more than
one class having equal rates of compensation, any probationary or regular employee subject to
layoff under this rule shall, in lieu thereof, be allowed a transfer to a position in one of the other
classes of equal compensation for which helshe possesses the minimum requirement of
knowledge, skill and experience provided that the employee subject to layoff has longer service
in his/her class. Any regulaz employee subject to layoff under this rule shall, in lieu thereof, be
allowed a demotion to the next lower class of his/her department in which the employee subject
to layoff possesses the minimum requirements of knowledge, skill and experience and shall
become the senior employee of that class for the purposes of this rule. Any employee laid off or
demoted to a lower class or transferred to an equal class under this section shall have the right for
two (2) years to be reemployed, transferred or promoted to their former class or any lower class
upon the first vacancy occurring in any such class in the department provided he or she possesses
the minimum requirements of knowledge, skill and experience for such vacancy and such rights
shall take precedence over the regular employee or promotion lists. An employee so reinstated
from the reemployment prefened register shall regain tenure-seniority for prior service. Notice
of reduction in force shall be presented to the Union and the affected employees. Such notice
shall be in writing by the Human Resources Department. An employee shall be given at least
thirty (30) days' notice prior to layoff.
SECTION 5 -Reasonable Suspicion Drug and Alcohol Testing
In addition to employees already covered under the Department of Transportation (DOT)
drug and alcohol testing, all General Unit employees will participate in reasonable suspicion
drug and alcohol testing, following the reasonable suspicion DrugfAlcohol Testing Procedure
described in the City of San Bernazdino's Policy on Drug and Alcohol Testing of Employees
with Commercial Driver's Licenses. (Exhibit 4)
If a supervisor has a reasonable suspicion that an employee has been abusing drugs or
alcohol, that supervisor will take one of the steps listed below prior to referring an employee for
a test, and will document his/her observations on a reasonable suspicion checklist:
A. Seek the concurrence of another supervisor if a second supervisor is in the
immediate vicinity; or,
B. Notify his/her Department Director, Assistant Director or immediate supervisor if
a second supervisor is not in the vicinity.
46 General Unit MOU
2011-207
The conduct of the employee must be witnessed by a supervisor who has received
training consisting of at least two (2) hours on identification of actions, appearance or conduct
which are indicative of the use of drugs or alcohol. A supervisor must directly observe and
document the behavior. Reasonable suspicion may not be based on hearsay.
Training will be provided by DOT certified trainers. Training will be provided to all
current Middle Management Unit supervisors following ratification of this MOU. The training
will be videotaped for the purpose of training newly appointed supervisors and serve as refresher
training for all supervisors, as needed. Follow-up training classes will be provided to newly
appointed supervisors in a group session when that number reaches five (5) or more.
In addition to training supervisors, the City will offer an overview to full-time regulaz
employees in the detection of drug and alcohol use.
ARTICLE VII -GENERAL PROVISIONS
SECTION 1- Waiver Clause
The parties acknowledge that during the meet and confer process which resulted in this
MOU, each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter not removed by law, City Charter, ordnance, resolution, personnel and
departmental rules and regulations, from the scope of negotiable issues and that the
understandings arrived at by the parties after the exercise of that right and opportunity are set
forth herein. Therefore, the City and the Union, for the life of this MOU, each voluntarily and
unqualifiedly waives the right to meet and confer 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
MOU or with respect to any subject or matter not specifically referred to or covered in this
MOU, even though such subject or matter may not have been within the knowledge or
contemplation of either or both of the parties at the time they negotiated or signed this MOU.
SECTION 2 - Severability
It is understood and agreed that this MOU is subject to all current and future applicable
federal and state laws and regulations and the current provisions of the charter, ordinances,
resolutions and of the rules and regulations of the City. If any part or provision of this MOU is in
conflict or inconsistent with such applicable provisions of those federal, state or city
enactment's, or it is otherwise held to be invalid or unenforceable by any court or competent
jurisdiction, such part or provision shall be superceded by such applicable law or regulations, and
the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from
initiating any action that would invalidate any part of the MOU.
47 General Unit MOU
2011-207
SECTION 3 -Printing of Memorandum of Understanding
The City shall pay one-half (1/2) of the cost of printing the MOU. The City shall
distribute the MOU to the bazgaining unit and new employees. The City will provide an
initialed/signed distribution list of employees to the Union after distribution of the MOU.
SECTION 4 -Term of Memoraudum of Uuderstauding
The term of this MOU extends through i~eeen3he~'~-'~;:;T~un~ ~1!,,'lil ~. If negotiations
regarding an MOU aze in progress at the time the current MOU expires or if the parties aze at
impasse, the current MOU shall remain in effect until a successor MOU is adopted by the Mayor
and Common Council.
l~ l IR li`NC~ I~~ 1 ICU ~'ll~l_L11_ (.tilli.i„ _.. _ __
I'\ 'i1~' ~n i1L ~iI~~ ~k',l~l~l ~di': ~u•l~lillj ~ic2l~l ~l
~~~dil'~ tUl~)
SECTION 5 -Notice of Intent to Reopen
The parties agree that, if either party desires to propose changes in the terms or conditions
of this MOU for the period following expiration of this MOU, such requested meeting shall be
held at least one hundred twenty (120) days before the expiration of the MOU. Such notice shall
request a meeting to begin negotiations and establish ground rules which shall include, at a
minimum, the date beyond which no further proposals may be submitted by either party.
48 General Unit MOU
zo>i-zoo
GENERAL UNIT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
2911---3(141-7 2 11 1 1-2f! 12
Executed this day of
204><51 ..
Mayor
City of San Bernardino
City's Designated Representative
ATTEST:
City Clerk
Approved as to form;.
n .,,
Attorney
c.... u,.........,r..,, r~ t,r , r.,,..t,,...,.,,.•
n ......~,. .. ,cuur n ~ Intrrnuu,ni.il t ~ui,m „t
tt~,ciitui 1 n~~ine~t~!I[ l(Fi
49
General Unit MOU
zoii-zoo
INDEX
Pace
t`~r~Eec~ I~~-e ~ ' „
Agency Personnel Rules ............................................................... ............................................... 9
Bilingual Pay ................................................................................ ............................................... ?~
Blood Donations ........................................................................... ............................................... -1a1
Budget Documents ........................................................................ ............................................... .1-8
Bulletin Boards ............................................................................. ............................................... +#
Call-Back/Standby Assignment &Pay ......................................... ............................................... 3-I
Catastrophic Leave ........................................................................ ...............................................
Classification Appeal .................................................................. ................................................ ?+
Contract Services ......................................................................... ................................................ 9
Definition of Terms ...................................................................... ................................................ 7
Education Tuition Assistance ...................................................... ................................................ 39
Election Leave ............................................................................. ................................................ .30
Employee Assistance Program (EAP) ......................................... ................................................
Employee Lists ............................................................................. ................................................ I-~
Employee Orientation .................................................................. ................................................ 1-8
Employee Rights .......................................................................... ................................................ 8
Fines ............................................................................................. ................................................ ?-I
Grievance Procedure .................................................................... ................................................ 13
Hea1t1~1Life Insurance ................................................................... ................................................ ? a
Higher Acting Classification Pay ................................................. ................................................ 3N
Holidays ....................................................................................... ................................................ ~.?
Injury Leave ................................................................................. ................................................
Jury Duty ..................................................................................... ................................................ ~ I
Labor-Management Committee ................................................... ................................................ 10
Leave of Absence Without Pay ....................................................
~ ~~ ................................................ ~8
~Q
.........................................................................................
Management Rights ..................................................................... ............
................................................ 8
Military Leave .............................................................................. ................................................ -11-1
New Employee Information ......................................................... ................................................ 18
No Strike ...................................................................................... ................................................ +3
Non-Discrimination ..................................................................... ................................................ ~
Notice of Intent to Reopen .......................................................... ................................................ .4Ei
Overtime ...................................................................................... ................................................ a-4
Pazking Facilities ......................................................................... ................................................ 3A
Payment for Unused Sick Leave .................................................. ................................................
Payroll Deduction for Union Dues .............................................. ................................................ .1
PERS ............................................................................................ ................................................ W
Personal Tool Replacement Allowance ....................................... ................................................ ?-1
Personnel Files ............................................................................. ................................................ .1-~
Physical Examinations ................................................................. ................................................ .}:
50 General Unit MOU
2011-207
Paee
Printing of Memorandum of Understanding .................................... ........................................... ~Fi
Probationary Period ......................................................................... ........................................... ~+-}
Reasonable Suspicion Drug and Alcohol Testing ............................ ........................................... 4-F
Recognition/Union Security .............................................................. ........................................... 11
Safety Committee .............................................................................. ........................................... 9
Salaries .............................................................................................. ........................................... l-8
Seniority ............................................................................................ ...........................................
Severability ....................................................................................... ...........................................
Shift Differential ............................................................................... ........................................... ?,
Sick Leave ........................................................................................ ............................................
Skelly Rights .................................................................................... ............................................ ~,
Special Certification Pay .................................................................. ............................................ 3~
Term of Memorandum of Understanding ........................................ ............................................ .11~
Time Off For Employee Representatives ........................................ ............................................ 11
Uniforms, Rain Gear & Safety Equipment ......................................
Ei
~
'
°
~
; ............................................ ?7
a i
z .....................................................................
.fat
~-,.r
r~
~r
-~„ ............................................
I ~~i,,n I ~~e~~-,.. _...._
,, _., . .. ..
Vacations .......................................................................................... ............................................
Waiver Clause .................................................................................. ............................................ -15
Witness Leave .................................................................................. ............................................ ~
Work Periods .................................................................................. ............................................ 43
51 General Uttit MOU
Resolution No. 2011-207
GENERAL UNIT
EMPLOYEES
MEMORANDUM
OF
UNDERSTANDING
Made and Entered Into Between
The City of San Bernardino
and
The International Union of Operating Engineers
January 1, 2011 to June 30, 2012
CITY OF SAN BERNARDINO
OFFICE OF THE
DIRECTOR OF HUMAN RESOURCES
TABLE OF CONTENTS
Article/Section Title Page
Resolution Implementing a Memorandum of Understanding ............................................................ 5
No. 2011-207
Definition of Terms .......................................................................................................... 6
ARTICLE I ADMINISTRATION ..................................................................................................... 7
Section 1 Management Rights ......................................................................................................... 7
Section 2 Employee Rights ............................................................................................................ 7
Section 3 Contract Services ............................................................................................................ 8
Section 4 Agency Personnel Rules .................................................................................................. 8
Section 5 Safety Committee ............................................................................................................ 9
Section 6 Labor-Management Committee ....................................................................................... 9
Section 7 Employee Stewards .......................................................................................................... 10
ARTICLE II EMPLOYER-EMPLOYEE RELATIONS .................................................................. 10
Section 1 Recognition/LTnion Security ............................................................................................. 10
Section 2 No Strike ............................................................................................................ 10
Section 3 Payroll Deduction for Union Dues .................................................................................. 11
Section 4 Grievance Procedure ........................................................................................................ 12
Section 5 Employee Lists ............................................................................................................ 14
Section 6 Skelly Rights ............................................................................................................ 14
Section 7 Non-Discrimination ......................................................................................................... 14
Section 8 Personnel Files ............................................................................................................ 15
Section 9 Bulletin Boards ............................................................................................................ 16
Section 10 Budget Documents ........................................................................................................... 16
Section 11 Employee Orientation ...................................................................................................... 16
Section 12 New Employee Information ............................................................................................. 16
Section 13 Union Logos ............................................................................................................ 16
ARTICLE III COMPENSATION ....................................................................................................... 17
Section 1 Salaries ............................................................................................................ 17
Section 2 PERS ............................................................................................................ 17
Section 3 Overtime ............................................................................................................ 18
Section 4 Hi er Actin Classification Pa .........................................................
~ g Y ............................ 18
Section 5 Classification Appeal ...................................................................................................... 19
Section 6 Call-Back/Standby Assignment &Pay ............................................................................ 19
Section 7 Shift Differential ............................................................................................................ 21
Section 8 Personal Tool Replacement Allowance ........................................................................... 22
Section 9 Fines ............................................................................................................ 22
Section 10 Bilingual Pay ............................................................................................................ 23
Section 11 Special Certification Pay .................................................................................................. 23
2 General Unit MOU
Article/Section Title Page
ARTICLE IV FRINGE BENEFITS .................................................................................................... 23
Section 1 Health/Life Insurance ....................................................................................................... 23
Section 2 Uniforms, Rain Gear & Safety Equipment ...................................................................... 24
Section 3 Education Tuition Assistance .......................................................................................... 26
Section 4 Parking Facilities ............................................................................................................ 27
Section 5 Employee Assistance Program (EAP) ............................................................................. 28
ARTICLE V LEAVES ............................................................................................................ 28
Section 1 Vacations ............................................................................................................ 28
Section 2 Holidays ............................................................................................................ 30
Section 3 Sick Leave ............................................................................................................ 32
Section 4 Payment of Sick Leave .................................................................................................... 33
Section 5 Catastrophic Leave ........................................................................................................... 34
Section 6 Injury Leave ............................................................................................................ 34
Section 7 Leave of Absence Without Pay ........................................................................................ 35
Section 8 Witness Leave ............................................................................................................ 37
Section 9 Blood Donations ............................................................................................................ 37
Section 10 Election Leave ............................................................................................................ 37
Section 11 Military Leave ............................................................................................................ 37
Section 12 Jury Duty ............................................................................................................ 38
ARTICLE VI WORHING CONDITIONS ......................................................................................... 39
Section 1 Work Periods ............................................................................................................ 39
Section 2 Physical Examinations ..................................................................................................... 40
Section 3 Probationary Period ........................................................................................................ 40
Section 4 Seniority ............................................................................................................ 40
Section 5 Reasonable Suspicion Drug and Alcohol Testing ........................................................... 41
ARTICLE VII GENERAL PROVISIONS .......................................................................................... 41
Section 1 Waiver Clause ............................................................................................................ 41
Section 2 Severability ............................................................................................................ 42
Section 3 Printing of Memorandum of Understanding ................................................................... 42
Section 4 Term of Memorandum of Understanding ........................................................................ 42
Section 5 Notice of Intent to Reopen .............................................................................................. 42
SIGNATURE PAGE
INDEX
EXHIBITS
............................................................................................................ 43
............................................................................................................ 44
Exhibit 1 Resolution No. 6413, Section Ten: General Employees
(salary increases effective 9/1/07)
Exhibit 2 Resolution No. 89-38, Employees' Time Off to Vote
Exhibit 3 City of San Bernardino Reasonable Suspicion Drug/Alcohol Testing Procedure
3 General Unit MOU
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Resolution No. 2011-207
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAT
BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE
CITY OF SAN BERNARDINO REPRESENTED BY THE INTERNATIONAL UNION OF
OPERATING ENGINEERS.
WHEREAS the designated representatives of the Mayor and Common Council met and
conferred in good faith with representatives of The International Union of Operating Engineers
{IUOE} representing the General Unit employees of the City of San Bernardino, in accordance
with the provisions of Government Code Sections 3500-3510, to agree upon a new
Memorandum of Understanding (MOU);
WHEREAS such meetings resulted in agreement on an MOU (Exhibit A, a copy of
which is attached hereto and incorporated herein) effective 3anuary 1, 2011, through June 30,
2012.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCII.OF THE CITY OF
SAN BERNARDINO, AS FOLLOWS:
SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours and
working conditions for employees in the General bargaining unit of the City of San
Bernardino.
/~~
~~~
~~~
~~~
//1
///
4
2011-207
i RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SA
2 BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF TH
3 CITY OF SAN BERNARDINO REPRESENTED BY THE INTERNATIONAL UNION 0
OPERATING ENGINEERS.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Common
joint
s Council of the City of Sa n Bernardino at a regular meeting thereof, held on the
~ 20th day of June , 2011 by the following vote
to wit:
,
e COUNCILMEMBERS: AYES NAYES ABSTAIN ABSENT
9 MARQUEZ x
to VACANT
BRINKER x
u
5HORETT x
iz KELLEY x
i3 JOHNSON x
i4 MC CAMMACK x
Z5
Rac iel G. Clark, City Clerk
16
~~ The foregoing resolution is hereby approved this a.'~ ~ of
is ~~_ June , 2p11.
Z9
zo
4rf
P tric c Morris, .~
Ci f San Bernardino
21 ~ ~ Approved as to form:
22
23 I) JAMES F. PENMAN,
City Attorney
24
25 ~~B`
S
DEFINITION OF TERMS
City: The City of San Bernardino
Classification: Includes titles listed in Section 10 of City Resolution No. 6413, as
amended.
Day: As it pertains to a sick leave day or a vacation day, one (1) "day" equals
eight (8) hours, unless otherwise specified.
Exclusion: Excluded from the General Unit for purposes of representation are:
classification titles designated as management/confidential, middle-
management or safety, positions established and created under federal
contract, and temporary, part-time, provisional and probationary
individuals.
General Unit: Includes titles listed in Section 10 of City Resolution No. 6413, as
amended. Additional titles in the General Unit may be established by the
Mayor and Common Council. Also reference "Exclusions" above.
Mandatory and
Permissive: "Shall" is mandatory; "may" is permissive.
MOU: Memorandum of Understanding
Regular Full-Time An Employee who has been appointed to a Regular, Full-Time
Employee: position and has completed his/her probation period.
Union:
The exclusive bargaining representative for the General Unit
6 General Unit MOU
ARTICLE I -ADMINISTRATION
SECTION 1 -Management Rights
This Memorandum of Understanding (MOU) shall not be deemed to limit or curtail the
City in any way in the exercise of the rights, powers and authority, which the City had prior to
adopting this MOU, except to the extent that the provisions of this MOU specifically curtail or
limit such rights, powers and authority. Furthermore, the City retains all its exclusive rights and
authority under City Charter, ordinances, resolutions, state and federal laws and expressly and
exclusively retains its management rights, which include but are not limited to: the exclusive
right to determine the mission of its constituent departments, commissions and boards; set
standards of selection for employment promotions; direct its employees; establish and enforce
dress and grooming standards; determine the methods and means to relieve its employees from
duty because of lack of work or other lawful reasons; maintain the efficiency of governmental
operations; determine the methods, means and numbers and kinds of personnel by which
government operations are to be conducted; determine the content and intent of job
classifications; determine methods of financing; determine style and/or types of City-issued
wearing apparel, equipment or technology, means, organizational structure and size and
composition of work force and allocate and assign work by which the City operations are to be
conducted; determine and change the number of work locations, relocations and types of
operations, processes and materials to be used in carrying out all City functions, including but
not limited to, the right to contract for or subcontract any work or operations of the City; assign
work to and schedule employees in accordance with requirements as determined by the City, and
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, carry out its mission in emergencies and exercise
complete control and discretion over its organization and the technology of performing its work.
SECTION 2 -Employee Rights
A. Employees have the right to a safe and harassment free work environment as set
forth in the City's policy on Non-Discrimination/Workplace Harassment. Employees of the City
have the right to form, join and participate in the activities of employee organizations of their
own choosing for the purpose of representation on all matters of employer-employee relations,
including but not limited to: wages, hours and other terms and conditions of employment.
Employees of this City also shall have the right to refuse to join or participate in the activities of
employee organizations and shall have the right to represent themselves. No employee shall be
interfered with, intimidated, restrained, coerced or discriminated against by the City or by
employee organizations because of the exercise of these rights. Representation rights of the
Union as exclusive representative shall not be compromised.
7 General Unit MOU
B. The City, through its representatives, shall meet and confer in good faith only
with representatives of formally recognized employee organizations regarding matters within the
scope of representation, including wages, hours and other terms and conditions of employment.
C. Individual Agreement -The City of San Bernardino shall not negotiate with or
enter into memorandum of understanding or grant rights or benefits not covered in this
agreement to any employee unless such action is with IUOE concurrence.
SECTION 3 -Contract Services
It is not the intent of the City to cause employees to lose their jobs because of a decision
to contract work. If a decision is made by the City to contract work not now contracted, and that
decision will result in change in the work conditions or status of employees in the unit, the City
agrees to meet and confer in good faith with the Union prior to making a final recommendation
to the Mayor and Common Council.
If the City puts out a bid for contract services, the affected department will have the
opportunity to bid for services. Contract awards are subject to the Mayor and Common Council
approval and will not be part of this agreement.
SECTION 4 -Agency Personnel Rules
It is understood and agreed that there exists within the City in written or unwritten form
certain personnel rules, policies, practices and benefits generally contained in "Civil Service
Rules and Regulations for the Classified Service"; Resolution No. 6433, as amended; 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 those
provisions modified by the Common Council in accordance with state laws, orders, regulations,
official instructions or policies. In the cases of proposed changes to the resolutions other than by
agreement, the Union shall be consulted with prior to the consideration of these changes by the
Mayor and Common Council, except in cases of emergency as defined by the Mayor and
Common Council, in which cases the Union will be consulted with as soon as possible after the
changes.
Any departmental work rules initiated, established and promulgated by the City shall be
posted on bulletin boards ten (10) days prior to their effective date, except in emergency
situations. A copy of such rules shall be sent to the Union office. The reasonableness of any
disciplinary action taken as a result of a violation of any departmental work rule may be
determined in the grievance procedure at the employee's election. The City shall make
reasonable efforts to acquaint employees with work rules. Work rules shall be uniformly applied.
8 General Unit MOU
Each Department of the City, with the exception of the Police and Fire, shall provide
NOE with a current copy of their Departmental Work Rules on an annual basis, no later than
June 30 of each year. The Police and Fire departments will provide updates as they occur.
SECTION 5 -Safety Committee
There is established aCity-wide Safety Committee in which the General Unit has
membership (three (3) members). The Board will review all recordable accidents (both City
equipment and personal injury of City employee) and make recommendations to the City
Manager and Director of Human Resources for all corrective actions in establishing better job
safety.
The Board will improve safety communications throughout the City and review each
accident on or off City property. The Board will investigate all "industrial type" accidents and
"vehicular" accidents and make recommendations on how the accident could have been
prevented. The Board is expected to establish its own rules of conduct, to elect its own officers at
the first meeting in January and keep minutes of all its meetings, findings and recommendations.
The Committee is expected to meet no less than once a month at a time agreeable to all
members. Upon completion of reviews by the Committee of accidents/ incidents, the Committee
will make recommendations for corrective measures to establish safer working conditions and
may recommend disciplinary action.
It is of mutual benefit to the City and to the employee to be fully aware of and comply
with all safety rules and regulations. The City, Union and employees agree to work towards
preventing job-related injuries to employees and damage to both public and private property.
Guests and/or speakers will be allowed to attend based on advance notice to the City and
mutual agreement.
In the event a representative from either side is unable to attend a meeting, the
spokesperson from each side may, with two (2) working days' notice to the other side, select an
alternate from a predesignated pool of employees.
The Safety Committee shall forward to the IUOE office a copy of all minutes, findings
and recommendations at the conclusion of each meeting.
SECTION 6 -Labor-Management Committee
The Labor-Management Committee shall continue for the term of this MOU. Its
continuing purpose is for the discussion of common problems that are not addressed in other
existing procedures. The Union shall designate three (3) representatives to serve on the
Committee from different departments. The City shall also designate three (3) representatives to
serve on the Committee. The Committee will select a chairperson who will be responsible for
receiving items, establishing agendas and informing participants of the time and place of
9 General Unit MOU
meetings. The Committee shall normally meet at least quarterly or may meet more often if
necessary at a mutually agreed upon time and place. Recommendations shall be considered by
management. The Union will provide a list of the three (3) Committee members to the Director
of Human Resources each July.
Guests and/or speakers will be allowed to attend based on advance notice to the City and
mutual agreement.
In the event a representative from either side is unable to attend a meeting, the
spokesperson from each side may, with two (2) working days' notice to the other side, select an
alternate from apre-designated pool of employees. The "pool" will consist of up to three (3)
employees, whose names will be exchanged by the City and the Union each July.
SECTION 7 -Employee Stewards
IUOE may designate stewards from any Department/Division to represent the
Union. Employees designated or assigned to a committee will be allowed release time to
participate. Union stewards shall not receive any additional time or compensation for the
designation. IUOE shall provide the City an initial list of stewards and thereafter upon request by
the City. The position of steward shall not interfere with the daily operations of the City.
ARTICLE II -EMPLOYER-EMPLOYEE RELATIONS
SECTION 1 -Recognition/Union Security
The City hereby acknowledges that the International Union of Operating Engineers
(lUOE) has been and is recognized by the City as the exclusive representative for the General
Unit employees for purposes of meeting and conferring on wages, hours, and other terms and
conditions of employment and for all other matters related to employer-employee relations for
these employees.
The granting of "exclusive" recognition shall not preclude employee self-representation
in matters where individual rights, protections and concerns are involved; provided, however, the
representation rights of the Union as exclusive representative shall not be compromised thereby.
If a unit member does not wish to be represented by the Union in matters pertaining to
grievances and disciplinary appeals and wishes to represent himself/herself, such member shall
be required to provide the Union and the City with a signed statement waiving the right to Union
representation in such matters.
SECTION 2 - No Strike
It is the purpose of the MOU, for the parties hereto, to confirm and maintain the spirit of
cooperation, which has existed between the City and the employees of the City. It is recognized
that any work disruptions are unproductive to City operations and services provided to its
10 General Unit MDU
citizens. The Union and the City agree that they shall, at no time or 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
MOU that will result in benefits to the City and will provide continuous and uninterrupted
employee services. It is, therefore, further agreed that the Union shall not, on behalf of itself and
its members, individually or collectively engage in any curtailment or restriction of work at any
time during the term of this MOU.
SECTION 3 -Payroll Deduction for Union Dues/Service (Fair Share) Fees
A. The City agrees to provide Union dues deductions for Union members only as long as
the Union remains the exclusive representative for the employees within the bargaining unit.
Conversely, no other employee organization shall be permitted dues deduction privileges for
employees within the bargaining unit. The City shall not be liable to the Union, employees or
any other person 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. 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 membership has voted and approved any change in the amount of dues.
All unit members who were members of the Union on January 1, 2011, and those
employees who thereafter become members shall remain as members in good standing of said
Union the duration of this MOU, except as provided for in this article.
B. Agency Shop
Since NOE has certified it has an IUOE membership of at least fifty percent (50%) of
the total number of full-time employees in the General Unit, NOE is allowed to collect a "Fair
Share" fee from non-IUOE members who are employees in the General Bargaining Unit.
Membership in ItTOE or payment of the IUOE Fair Share fee is not a condition of City
employment.
Any employee who is a member of a bona fide religion, body or sect that has historically
held conscientious objections to joining or financially supporting public employee organizations,
upon presentation of active membership in such religion, body, or sect, shall not be required to
join or financially support any public employee organization as a condition of employment. The
employee may be required, in lieu of periodic dues, initiation fees or agency shop fees, to pay
sums equal to the dues, initiation fees or agency shop fees, to pay sums equal to the dues,
initiation fees or agency shop fees to anon-religious, no-labor charitable fund exempt from
taxation under Section 501 D (3) of the Internal Revenue Code.
Effective with the beginning of the first pay period following ratification of this
agreement of the Mayor and Common Council and the Union, the City agrees to deduct and
transmit to IUOE all deductions authorized on a form provided by IUOE to deduct and transmit
to ILTOE all Fair Share fees from City employees in the General Unit who do not elect to become
11 General Unit MOU
members of ICTOE. Such authorized dues deduction and Fair Share fees shall be remitted
monthly to NOE along with an adequate itemized record of deductions. The Union shall
indemnify, defend and hold the City harmless against any claims made and against any suit
instituted against the City in regard to employee organization dues and fair share fees. In
addition, the Union shall refund to the City any amounts paid to it in error, upon presentation of
supporting evidence.
SECTION 4 -Grievance Procedure
Definition of Employee Grievance: A grievance is an alleged violation of the terms of the
MOU or of the laws, ordinances, resolutions concerning or affecting wages, hours or other
conditions of employment. The remedy selected by the employee shall be the exclusive remedy
pursued, either through the grievance procedure or through disciplinary appeals to the Civil
Service Board. If the employee chooses to appeal disciplinary action to the Civil Service Board,
he/she shall be precluded from filing a grievance.
Additionally, allegations of discrimination and harassment maybe submitted to the Equal
Employment Officer.
As used in this procedure, the term "immediate supervisor" means the lowest level of
supervisor not within the general employee representation unit. The procedure provides a
mechanism for settling the grievance informally with the "immediate supervisor," up to and
including the Division Head.
If this proves unsatisfactory, the grievance may be formally presented to the Department
Head or designee, the Director of Human Resources, and finally to the City Manager who will be
the ultimate authority.
The aggrieved employee shall have the right to be represented, if he/she desires, by the
designated Union representative.
Working Day: As used in this section, "working day"' shall refer to the employee's
working day or to the working day of the other party involved (supervisor, Division Head,
Department Head, Director of Human Resources, City Manager and/or their designees),
depending upon whose response or action is pending.
Procedural Steps for Handling Grievances:
A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances
on an informal basis between the employee and a supervisor in the employee's chain of
command, up to and including the Division Head. Oral presentation of the grievance must be
submitted to the Informal Step within ten (10) working days of the incident causing the
grievance or of the grievant's knowledge of the incident's occurrence. The date and the subject of
the incident should be provided with the request for the informal meeting. Within ten (10)
working days of the presentation of the grievance, the supervisor shall provide an oral response
12 General Unit MOU
to the employee. The supervisor will document (for record purposes) his/her response to the
employee in the event the grievance proceeds to the Formal level.
B. Formal:
1. If the grievance is not adjusted to the satisfaction of the employee
involved, the grievance shall be submitted in writing by the employee or his/her designated
representative to the Department Head or his/her designee within ten (10) working days from the
date of the oral response. The Department Head or his/her designee shall meet with the employee
and/or his/her designated representative within the next ten (10) working days of receipt of the
written grievance and shall deliver his/her answer in writing to the employee within ten (10)
working days after the meeting.
2. If the grievance is still not adjusted, the aggrieved party may file a written
appeal with the Director of Human Resources within ten (10) working days from the date of
delivery of said answer. The Director of Human Resources or his/her designee shall meet with
the employee, and if the employee desires, the designated Union representative, within ten (10)
working days after receipt of the appeal, shall deliver his/her answer in writing to the employee
within ten (10) working days after the meeting.
3. If the grievance is still not adjusted, the aggrieved party may file a written
appeal with the City Manager or his/her designated representative within ten (10) working days
from the date of delivery of said answer.
The City Manager or his/her designated representative shall deliver his/her
answer in writing within ten (10) working days after receipt of the appeal.
4. The decision of the City Manager or his/her designated representative is
final and binding on all parties, unless reversed by a court decision.
5. All grievances shall be treated as confidential, and no publicity shall be
given the final resolution of the grievance.
C. Time Limits: Any grievance not answered by the City within the specified time
limit listed above shall be deemed settled on the basis of the Union's original demand. Likewise,
any specified adjustment not appealed by the employee or his/her designated representative
within the specified time limits listed above shall be deemed settled on the basis of the Last City
official's answer. Time lines as above maybe extended by mutual agreement only.
D. Consolidation of Grievances: In order to avoid the necessity of processing
numerous similar grievances at one time, a single "class" grievance may be filed as long as the
grievances are from employees within a single department. The City also has the right to
consolidate responses to such grievances. If the grievant is a group of three (3) or more
employees within a department, the group shall appoint one (1) or two (Z) employees who signed
the grievance to speak for the collective group throughout the grievance process.
13 General Unit MOU
SECTION 5 -Employee Lists
The City agrees to provide a list of names of General Unit Employees by City department
to the Union as requested.
SECTION 6 -Skelly Rights
It is mutually agreed that the City subscribes to the concept and application of
progressive discipline. Discipline shall be imposed upon an employee only for just cause.
If the employer has reason to reprimand an employee, it shall be done in a manner that
will not embarrass the employee before other employees or the public.
When an action for suspension or termination has been taken, subject to appeal, the
employee will be apprised of the action, the reason therefore, and will be provided with a copy of
the charges including material on which the action was based. Employees have the right to Union
representation as provided under Government Code Section 3500 et seq. (Meyers-Milias-Brown
Act).
A. The employee shall receive reasonable advance notice of the proposed
disciplinary action per the Civil Service Rules.
B. The notice shall contain the reasons, charges, and statement of the events or
circumstances upon which the proposed action is based.
C. The employee shall be given the materials, if any, upon which the action is based.
D. The employee shall have the right to respond either orally or in writing within five
(5) working days of receipt of Skelly package to the appointing authority (Department
Head/Division Head) imposing the discipline.
E. The disciplinary procedure should be used for all serious disciplinary actions,
which are normally considered (1) demotions; (2) discharges; (3) reductions in pay; and, (4)
suspensions.
SECTION 7 -Non-Discrimination
The City and the Union agree that there shall be no discrimination against employees
within the bargaining unit because of race, color, religious creed, ,national origin, ancestry, sex,
age, marital status, physical disability, medical conditions, sexual orientation, pregnancy,
childbirth or related medical conditions of any female employee, any other classification
protected by law, or Union membership. Union membership also includes Union activities.
Further, there shall be no discrimination against qualified individuals with disabilities as
defined by the Americans with Disabilities Act (ADA) of 1990, when those individuals do not
14 General Unit MOU
pose a risk to the health or safety of themselves or others. The ADA expressly identifies
reassignment to a vacant position as one form of reasonable accommodation.
SECTION 8 -Personnel Files
A. The Human Resources Department shall keep and maintain an official personnel
file for employees, which shall contain information relative to the employee. No other files,
records or notations shall be official except as maybe prepared or used by the City or its counsel
in the course of preparation for any pending case, such as the Department of Fair Employment
and Housing or Civil Service matter or grievance.
B. An employee's department may maintain a file pertaining to an employee, which
shall contain job-related information only. It shall be the supervisor's responsibility to inform the
employee, with a copy thereof, of any detrimental material in the file that may affect the
employee's performance evaluation. An employee may grieve over the factuality of, or propriety
of, any material in such file. Such files shall be confidential. Both the City and the Union agree
that an employee's failure to challenge any material in such file does not justify the conclusion
that the employee is in agreement with any such materials. Such files shall not contain a copy of
any disciplinary action against an employee.
C. Employees and/or their authorized representatives, if authorized by the employee,
shall have the right upon written request to review the contents of their official personnel files
and department files. Such review may be made during working hours with no loss of pay for
time spent, and the employee maybe accompanied by his/her authorized representative if he/she
so wishes. Reasonable requests to copy documents in the files shall be honored.
D. A copy of any disciplinary action or material related to employee performance,
which is placed in the personnel file, shall be served upon the employee (the employee so noting
receipt), or sent by certified mail (return receipt requested) to his/her last address appearing on
the records of the City. It is the obligation of each employee to provide the City with his/her
current address.
E. A full-time, permanent employee shall have thirty (30) working days in which to
file a written response to an employee performance evaluation entered in his or her personnel
file. Such written response shall be attached to the employee performance evaluation. The thirty
(30) working days will commence with the date the employee receives the evaluation for
signature.
The Human Resources Department will distribute to all City departments a
memorandum explaining employee performance evaluation response procedures for General
Unit employees.
F. Employees may request that any documents contained in the file of a derogatory
nature will be purged from their files after a period of twenty-four (24) months and no further
actions have occurred similar in nature. The department head shall review such request and will
have final say on what will be purged.
15 General Unit MOU
SECTION 9 -Bulletin Boards
The City will provide adequate space on bulletin boards in each department/division for
the purpose of the Union posting notice of pertinent Union business. The Union agrees that
nothing libelous, obscene, defamatory or of a partisan political nature shall be posted. In the
event that there is a dispute arising out of the pertinence of any literature the Union chooses to
post, the City Manager or his/her designated representative and a Union representative will meet
as soon as possible to resolve the problem.
SECTION 10 -Budget Documents
The City agrees to provide the Union at no cost one (1) copy of the annual financial
report, preliminary budget, final budget and resolutions or ordinances as requested by the Union.
SECTION 11 -Employee Orientation
The City will distribute the Memorandum of Understanding, or contract term and
conditions, as part of the employee orientation program conducted by the City for new
employees. The City will allow the union to make a presentation at employee orientations.
SECTION 12 -New Employee Information
Upon request by the Union, the Human Resources Department will furnish the Union
with information on new General Unit employees, excluding their home addresses. Data will
include name, title, department, department phone number and date of hire.
SECTION 13 -Union Logos
A. General Unit employees wishing to demonstrate their support for, or affiliation with,
NOE shall be permitted to wear a Union button, badge, logo, or pin as long as the button, badge,
logo, or pin does not create a safety or health issue or interfere with the efficient operations of
the employer.
B. In consideration of the above, said button, badge, logo, or pin must be consistent with
all of the following:
1. Removable;
2. For uniformed employees only, it must be centered and fit on the pocket flap
or in the area where the pocket flap is supposed to be on the jacket, shirt,
blouse, or sweater;
3. It may not carry a message that is libelous, obscene or defamatory.
Employees required to wear protective headwear may display a button, badge, logo, or
16 General Unit MOU
pin on the headwear provided it does not compromise the safety integrity of the headwear.
C. General Unit employees will be permitted to wear a union button or pin as long as it
does not create a safety or health issue, interfere with the efficient operations of the employer, or
conflict with previously adopted uniform standards in department work rules/operating
procedures.
ARTICLE III -COMPENSATION
SECTION 1 -Salaries
Salaries are per Resolution No. 6413, Section Ten, as amended by the Mayor and
Common Council.
Effective June 1, 2011 through June 30, 2012, all non-safety employees will participate in
a reduced 36-hour work week. The reduced work week will equate to approximately a ten
percent (10%) pay reduction.
The reduced work week will not alter existing MOU articles on overtime, leave accruals,
and reportable PERS monthly salaries.
Upon approval of the MOU by the Mayor and Common Council, the General Unit
employees will forego step/merit increases for twelve (12) consecutive months, from the date of
such approval.
SECTION 2 -PERS
Effective 1/1/08, the City shall provide a Retirement Enhancement Program to equal
2.7% @ 55 in lieu of a Cost of Living Adjustment (COLA) with all employee and employer
costs paid by the City.
Effective September 1, 2011, the City of San Bernardino will amend the current PERS
contract to provide atwo-tier retirement benefit of 2% @ 55 for all employees hired on or after
September 1, 2011.
Effective June 1, 2011, all newly hired members will pay the full 7% employee
contribution amount to PERS.
The City contracts with PERS for employees' retirement benefits. General Unit
employees are normally eligible for "Service Retirement" once they reach age 50 and have five
(5) years of PERS-credited service. There is no compulsory retirement age for employees, such
as General Unit employees, who are local miscellaneous members of PERS.
Employees inquiring about exceptions or about disability retirement should contact the
City Human Resources Department or a PERS Area or Field Office.
17 General Unit MOU
The City will pay the employer contribution for the Fourth Level 1959 Survivors'
Benefit.
SECTION 3 -Overtime
All employees in the General Unit will receive overtime based on the requirements of the
Fair Labor Standards Act (FLSA).
Effective June 1, 2011 through June 30, 2012, employees who work a 36-hour work
week shall be paid overtime compensation at the FLSA rate for all hours worked over 36 hours
in the designated work week. Vacation, sick, holiday, compensatory time, and concession leave
hours shall not apply towards hours worked in the work week.
Overtime work shall not be authorized unless the employee has obtained the prior
approval of his/her Department Head or designated Division Head. Emergency overtime work
may be authorized by the employee's supervisor without such prior approval, if obtained at the
earliest possible time after the performance of emergency work.
In instances where standby and call-back work is required and directed, it shall be
regulated by, and paid in accordance with, the provisions contained in Article III, Section 6.
Compensatory Time Bank: When an employee works overtime, he or she shall earn
overtime at the FLSA rate. Following prior approval of overtime as described above, the
employee will either be paid for the overtime worked or the number of overtime hours worked
will be placed in a compensatory time bank, based on the employee's request. The Finance
Department (Payroll) will track the compensatory time accrued and used, and the compensatory
time balance will appear on the employee's paycheck. Department Head approval will be
required in order for employees to use time from the compensatory time bank.
Once an employee's compensatory time bank reaches eighty (80) hours, the employee
will be paid for all subsequent overtime worked. By the end of June 30 each year, an employee's
compensatory time bank must be reduced to forty (40) hours. Any hours in the compensatory
time bank in excess of forty (40) hours as of June 30 of each year will be paid at the employee's
regular rate of pay, and will be included on the first paycheck in December (December 15).
If the employee terminates employment or if the employee is promoted to a position in
the City, the compensatory time bank will be paid off at the then current rate of pay.
SECTION 4 -Higher Acting Classification Pay
Upon approval by the City Manager, a DepartmentlDivision Head may assign or reassign
a qualified unit employee to discharge the duties of a higher classification when a position is
vacant or in the absence of the incumbent.
18 General Unit MOU
An employee so assigned in writing by the Department/Division Head, with the approval
of the City Manager, shall receive acting duty pay starting on the sixth consecutive day of each
acting duty assignment. No acting duty pay will be paid for the first five (5) days of each acting
duty assignment, except for those employees who can prove that they have served a total of
twenty (20) days in ahigher-acting classification during the previous twenty-four (24) months,
based upon their official Human Resources Department records. The entire period of assignment
at the higher classification, including the initial work demonstration period, may not exceed sixty
(60) working days, except by the mutual agreement of the City and the employee.
Employees in the classification of Integrated Waste Operator (Flex) and Senior Integrated
Waste Operator assigned to a higher acting position will be eligible for higher-acting pay from
the first day.
An employee assigned to work in a higher classification on an acting basis shall receive
at least five percent (5%) above his/her current base rate of pay.
The City will not circumvent the intent of this article by using various employees to
thwart the intention of this article.
SECTION 5 -Classification Appeal
Employees who believe they are performing duties of a higher level outside of their
current classification, and who believe they have been unable to resolve the situation
satisfactorily, shall have the right to appeal their issue via the current grievance procedure
(Article II, Section 4).
SECTION 6 -Call-Back/Standby Assignment & Pay
An employee who is free to engage in his/her own pursuits while off duty, subject only
to carrying a pager or to the understanding that the employee leave word at his/her home or with
the Department Head or designee where the employee can be reached, is not working while on
standby. If called back, the employee shall be paid for the time actually worked in accordance
with Article III, Section 3.
If a Department Head places an employee on standby, defined as the employee being in a
state of readiness and immediate availability to come to work outside of their normal work hours,
the Union and the City hereby agree that the following is compensation in full for the hours of
work of the employee when in such standby status:
Standby Status
Hours Compensated
For the employee's five (5) work days 5 work hours
during their work week (or prorate at 1.0)
For the employee's two (2) non-work days 5 work hours
19 General Unit MOU
during their work week (or pro rate at 2.5)
OR,
For all seven (7) days during a work
week
10 work hours
AND,
For any holiday, as described in this MOU,
during which the employee stands by for all
or any portion of the 24 hour day
1 extra work hour
per holiday -added
to the above
Payment for hours described above shall be compensated per FLSA regulations.
General Unit Call-Back Pay: An employee cannot be in standby status and call-back
status at the same time.
Employees not formally assigned to standby status may still be called back to work. If
reached by their supervisor and called back to work, the employee will be paid for actual hours
of work at the FLSA overtime rate of time-and-one-half (1-1/2) unless the employee has worked
less than thirty-six (36) hours in the work week due to use of paid or unpaid sick time, vacation,
holiday, and compensatory time. In such cases, employee will be paid straight time. Department
Heads may, however, pay at the overtime rate oftime-and-one half (1/2) regardless of leave time
taken in unusual circumstances at their discretion. An employee called back to work shall be paid
for a minimum of one-and-a-half (1-1/2) hours of work. This paragraph is only applicable for the
period of June 1, 2011 through June 30, 2012 and will revert back to forty (40) hours effective
July 1, 2012 without further agreement.
The General Unit employees covered by this MOU are not so severely restricted in their
activities while in standby status as to be "working while 'on call"' as that term is used in the Fair
Labor Standards Act 29 CFR 785.17.
Departments and Divisions, which utilize call-back/standby, will prepare a qualified list
of employees. Department/Division Heads will consider the following factors in establishing and
maintaining call-back and standby lists: employee seniority; special qualifications; skills; and/or,
voluntary work assignments.
For Departments and Divisions assigning call-back and standby on a rotation basis, only
the employee who appears first on the list may reject an assignment to call-back or standby.
Rejecting an assignment will automatically place the first employee at the bottom of the list. The
employee listed next must take the assignment.
Departments and Divisions may use procedures that vary from the above, if the
procedures are: (1) consistent with Department/Division work rules; or, (2) implemented result
of an emergency situation.
20 General Unit MOU
Employee Court Subpoena Time: All City employees appearing in court on their day off
for awork-related court subpoena will receive compensation for the actual time spent in court,
with a three (3) hour minimum. Additionally, employees will receive one-half (1/2) hour travel
time for going to court. Employees will be reimbursed for all parking fees associated with the
court appearance.
In the event an employee is placed on standby on their day off for awork-related court
subpoena, the employee will receive three (3) hours standby pay for each day on a standby
status.
For morning standby subpoenas where employees are called to court and do not go
beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby
along with one-half (1/2) hour of travel time. If employees have to appear in court after the noon
recess, the actual additional time along with one-half (1/2) hour of travel time will be added to
the three (3) hours standby. In cases where the subpoena is for 1:30 p.m. or another time, the
standby will start with the time stated on the subpoena.
All court-related compensation will be paid as time worked and at the appropriate straight
time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to
compensation for any prior time actually worked pursuant to such subpoena.
It is hereby agreed by and between the parties hereto that the General Unit employees
covered by this provision are not so severely restricted in their activities while on standby status
as to be "working while 'on call'," as that term is used in the Fair Labor Standards Act 29 CFR
785.17.
SECTION 7 -Shift Differential
Unit employees assigned to the Communications Division, Identification Bureau, Patrol
and Police Records within the Police Department, and the garage within the Public Works
Department, shall receive the following pay differential in addition to their pay for actual shift
work designated as either the swing or graveyard shift.
A. An employee assigned to the swing shift (normal start and ending time of 4:00
p.m. to 12 midnight, respectively) shall receive $65 per month extra for all hours actually worked
during such assignment; or,
B. An employee assigned to the graveyard shift (normal start and end time of 12
midnight to 8:00 a.m., respectively) shall receive $100 per month extra for all hours actually
worked during such assignment.
C. Any employee who is permanently assigned to the swing or graveyard shift will
receive the additional monthly pay. The additional pay will only begin and end on the 1st and the
16th of the month. Whenever permanent swing or graveyard shift employees work overtime on
another shift, their hourly pay will include the additional monthly pay.
21 General Unit MOU
D. Any non-swing/graveyard shift employees who work overtime in a swing or
graveyard shift will only be paid at the regular rate of pay (no additional differential pay).
E. The Departments, by memo, will inform Payroll which employees are
permanently assigned to swing and graveyard shifts and should receive the additional monthly
pay. Permanent is defined as working thirty (30) days or more.
SECTION 8 -Personal Tool Replacement Allowance
The City shall provide a tool replacement allowance for damaged, lost or stolen personal
tools in an amount not to exceed $350 per year, per employee. Only those employees in the
following position classifications shall be entitled to such allowance:
De~artment/Division
1. Fleet Division
2. Engineering
3. Public Works
4. Fire Department-Maintenance Shop
Classification(s)
Mechanics & Lead Worker
Traffic Signal Electricians
Maintenance Personnel
(includes Plumbers) &
Electricians I & II
Mechanics
The City will provide insurance coverage for Fleet and Fire Equipment Mechanic
employee tools, whether the entire toolbox or any tools are stolen from City property.
Claims against the above tool replacement allowance shall be honored provided when:
(1) the personal tools had been required by the City; (2) the tool had been marked and
inventoried by the employee; (3) a report of such inventory had been filed with the Department
Head; and, (4) said tools had been properly maintained. Tools stolen or damaged through no
fault of the employee will be replaced by the employee and reimbursement thereof will be made
by the City, after submission of an appropriate City form accompanied by an approved invoice or
receipt. All reimbursements of stolen or damaged tools will be completed on the first available
processing date with the Finance Department.
During the term of this MOU, all newly-employed mechanic personnel in the Fire
Department and Fleet 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 aone-time tool purchase allowance not to exceed $100 to assist in making such purchase.
SECTION 9 -Fines
The City shall pay for court fines imposed upon any permanent Employee within the unit
of representation as a result of his/her conviction of a violation as a result of being directed to
operate any faulty vehicle or equipment, where such fault is the proximate cause of the violation.
22 General Unit MOU
SECTION 10 -Bilingual Pay
General Unit employees, as designated by the City Manager and who meet the
certification and eligibility requirements as developed by the City, shall be compensated at the
rate of fifty dollars ($50) per month. The duties of the employee receiving bilingual pay maybe
reviewed annually to determine that bilingual duties assigned to an employee are being
performed on a regular and frequent basis. The designated employees maybe tested annually for
certification and recertification.
Not more than forty (40) General Unit employees may be designated to receive bilingual
pay. The City Manager or designee will retain the right to select the forty (40) eligible employees
and to determine the departments where use of employee bilingual skills would be best served.
The City shall reserve the right to determine languages for which testing will be conducted.
SECTION 11 -Special Certification Pay
Employees in the following classifications:
• Code Compliance Officers; Equipment Mechanics; Animal Control Officers; City
Clerk Business License Checkers
Shall receive, in addition to their regular compensation, $50 a month payment ($25 paid
each pay period) for obtaining and maintaining the following certifications:
• ICBO or AACE Certificate
• ASE designation of Master Certified Mechanic
• Fire Mechanic Level II
• NACA (3) Certificates
• Certified Revenue Officer
It shall be the responsibility of the department and the employee to provide payroll with a
copy of their certifications and or renewal.
Certificate pay is limited to $50 per month per eligible employee.
ARTICLE IV -FRINGE BENEFITS
SECTION 1 - Health/Life Insurance
A. Effective January 1, 2008, the City will contribute:
• $459.00 per month towards the purchase of health care premiums for
"Employee with No Dependents."
23 General Unit MOU
• $609.00 per month towards the purchase of health care premiums for
"Employee Plus One or More Dependents."
Insurance benefits available for purchase by employees include medical, dental,
vision, life, and accidental death and dismemberment, as made available through the City. Any
contributions not utilized by an employee shall revert to the City.
B. An employee must purchase medical insurance offered through the City in order
to utilize the contribution described in subsection A.
C. The City shall contribute the PERS adopted schedule amount (currently $108.00
per month) per retired employee to be used exclusively for the purchase of medical insurance
benefits.
D. City contributions not utilized by an employee revert to the City.
E. Cafeteria monies may be redesignated or a change of plans may be made in
accordance with the rules established by the insurance plan selected by the employee. Plan
additions and drops are permitted in accordance with the rules established by the plans selected
by the employee.
F. An employee may not add another City employee as a dependent or be added to
another City employee's City health plan as a dependent, in order to receive "double coverage."
G. The City shall provide each employee with $25,000 Accidental Death and
Dismemberment (AD&D) plan insurance coverage at no cost to the employee. The City shall
provide each employee with $10,000 Life Insurance coverage at no cost to the employee.
H. Each member of the bargaining unit is eligible to participate in aCity-sponsored
program of annual cholesterol checks and dietary counseling.
I. All employees shall participate in the City-sponsored Long-Term-Disability
(LTD) insurance plan. The City will pay one hundred percent (100%) of the LTD insurance plan
premium for employees during the length of this contract.
SECTION 2 -Uniforms, Rain Gear & Safety Equipment
A. The City shall provide uniforms for the following position classifications:
Animal Control Division:
Animal Control Officer
Registered Veterinary Technician
Animal Shelter Attendant
Senior Animal License Checker
24 General Unit MDU
2. Cemetery:
Park Maintenance Worker II
Park Maintenance Worker III
3. En ing Bering Division:
Traffic Signal Electrician
Maintenance Worker I and II and
Lead Maintenance Workers assigned to Signing & Striping
Electrician I and II assigned to Street Lighting
4. Public Works:
Custodian
Electrician II
Electrical & HVAC Mechanic
Maintenance Plumber II
Storekeeper
5. Parks, Recreation & Community Services:
Maintenance Plumber II
Parks Maintenance Lead Worker
Parks Maintenance Workers I, II & III
Park Projects Coordinator
Landscape Inspector II
6. Police & Fire General Employees:
appropriate Chief.
All permanent personnel in the bargaining unit as designated by the
7. Public Works Department/Fleet Division:
All full-time, general unit employees assigned to work on vehicle and
equipment will receive uniforms.
8. Public Works Department/Integrated Waste Division:
receive uniforms.
All full-time, general unit employees assigned to collect solid waste will
9. Public Works Department/Street Division:
B. The City shall make appropriate rain gear available for Integrated Waste
Operators, Cemetery personnel, Facilities Management Maintenance personnel, Animal Control
personnel, Parking Control Checkers, Traffic Signal Electricians of the Engineering Division,
field Community Service Representatives in the Police Department and those personnel in the
Street Division and Parks, Recreation & Community Services Department who may be required
25 General Unit MOU
to work in inclement weather. At least ten (10) sets of rain gear shall be maintained and made
available on loan as needed to employees in the Fleet and Engineering Divisions.
C. The City shall provide uniforms to any employee required to wear a uniform.
D. The City shall purchase uniform shorts for use as part of the uniform. Each
department will establish guidelines for wearing shorts and employees will not be allowed to
wear shorts when performing activities that may create a safety hazard.
E. Effective July 1, 2011, the City will annually reimburse members of the General
Unit funded by the Enterprise Fund, fifty dollars ($50) towards the purchase of work footwear
consistent with City policy. Employees shall wear such footwear at all times while on duty.
SECTION 3 -Education Tuition Assistance
A. Purpose: The education tuition assistance program has been established to
encourage the employees of the City to take college courses and special training courses, which
will better enable them to perform their present duties and prepare them for increased
responsibilities and to provide financial assistance to eligible employees for education and
training.
B. Procedures:
1. To be eligible for tuition reimbursement employees must complete an
"Education Reimbursement Form" prior to the start date of the course and
submit it to his/her Department Head for advanced approval.
2. When approved and signed by the Department Head, the form will be
forwarded to Human Resources for review and verification of availability
of budgeted funds. If approved, the forms will be returned to the employee
to maintain until the completion of the course.
3. The employee will submit his/her copy of the pre-approved application for
reimbursement within sixty (60) calendar days of the completion of the
course. A copy of the final grade and the appropriate receipts for tuition
and textbooks must be attached for reimbursement. If objective ratings are
not rendered for a specific course, then a certificate of successful
completion must be submitted. Applications not submitted to the Human
Resources Department within the established time frame following the
completion of the course become void.
4. Once all paperwork has been forwarded to Human Resources for
reimbursement and HR has determined that it is in compliance with the
outlined conditions it will be forwarded to Finance for payment.
26 General Unit MOU
5. Reimbursement is not authorized for courses for which the employee is
receiving financial assistance from other sources such as the GI Bill,
scholarships, and similar sources.
C. Eli ibilit~
To be eligible for tuition reimbursement an employee must:
1. Be considered a full time, regular employee who has completed probation.
2. Enroll in courses that are directly related to the employee's job or directly
related to a promotional position.
3. Enroll in courses that are required to qualify for a degree that is related to
the employee's job.
4. Enroll in courses given by accredited colleges, universities, or adult
education courses under the sponsorship of the Board of Education.
5. No mail-order courses will be approved.
Workshops, seminars, conferences, and similar activities not identifiable as a
formal course of instruction within the recognized educational institution do not fall within the
purview of this program.
D. Reimbursement:
1. Reimbursement costs will consist of tuition, registration fees, or textbooks
for each course. Additional expenses such as meals or parking fees are not
reimbursable.
2. Costs for required texts are eligible for fifty percent (50%) reimbursement.
The employee may retain the books.
3. Maximum tuition and book reimbursement is $125 per semester. Summer
session shall be considered a separate semester for purposes of this
provision.
SECTION 4 -Parking Facilities
The City agrees to meet and confer with the Union in the event there are any future costs
imposed upon employees for parking.
Employees who attend mandatory training shall be reimbursed for parking fee charges
incurred at such training. Any fees above and beyond the standard parking fees will not be
reimbursed.
27 General Unit MDU
SECTION 5 -Employee Assistance Program (EAP)
The City's Employee Assistance and Counseling Program (EAP) is designed to help
employees and their immediate families find direction in solving personal or emotional
problems. All counseling services are completely confidential. The Human Resources
Department maintains a supply of brochures explaining the program more fully.
ARTICLE V -LEAVES
SECTION 1 -Vacations
A. All employees within the bargaining unit covered by this MOU shall be entitled to
annual paid vacations as follows:
Completed Years of
Continuous Service*
Rate of Accrual
per pay Period
Equivalent Hours
Per Year
1 year*
5 years
15 years
20 years
3.33 hours
5.0 hours
6.667 hours
8.33 hours
80 hours
120 hours
160 hours
200 hours
*Service year begins on initial date of employment in a full-time, regular status.
**No vacation granted or accrued, if service is less than one year.
At the time of voluntary and involuntary 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 number of hours actually accrued, a deduction shall be made from the employee's final
compensation for the number of hours in excess of the accrual.
B. The amount of accrual shall not exceed the specified number of hours 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. Vacation credits may be accrued and accumulated up to a maximum of two (2)
years total accumulated vacation credits upon approval of the Department Head, as per the
employee's rate of accrual. Vacations or portions thereof from a prior year may be taken
consecutively with vacations or portions thereof of a succeeding year, subject to the approval of
the Department Head. Except as approved by the Department Head, no vacation or portion
thereof from a prior year shall run consecutively with the vacation of a succeeding year; and, a
period of three (3) or more months should normally elapse between the expiration of one year's
vacation and the commencement of the next year's vacation.
28 General Unit MOU
Requests to utilize accrued vacation shall be submitted in writing on City
approved forms to the Department Head. Department Heads shall respond to vacation requests
submitted on City approved forms within five (5) work days. Department Heads shall not
unreasonably delay responses to employee vacation requests. Nothing in this article shall be
construed to prevent a response to the employee's request before the expiration of five (5) work
days.
The vacation period to which any employee shall be entitled shall be assigned by
the Department Head in the calendar year when due, except when the Department Head with the
approval of the Mayor determines that an emergency or other valid factors prevent the employee
from utilizing his/her vacation during the calendar year when due. Should this occur, the
employee's vacation should be rescheduled at the very earliest mutually acceptable date.
In the event an employee is compensated for less than fifty percent (50%) of the
payroll period, he/she shall not be credited with any vacation accrual for that pay period.
E. Upon termination, payment for earned vacation or deduction for unearned
vacation shall be made on the basis of the hourly rate of pay being received by the employee on
the date of termination.
F. Whenever the terms "year" or "years of employment" appear herein, they shall be
deemed to include all services for the City of San Bernardino.
G. The employee shall not lose any vacation time off due to action by the City.
H. Vacation credits may be taken off in increments according to Department Work
Rules with prior Department Head approval.
I. When an employee returns to work after a break in continuous service, and when
such break in continuous service shall have been by leave of absence with the approval of the
Mayor and Common Council, vacation time shall not accrue during such break in continuous
service, but shall accrue from the date of return to service from such approved leave of absence,
based upon the total length of service of the employee.
J. Employees may sell back up to forty (40) hours of vacation time per year
providing that the following conditions have been met:
1. Employees must have a minimum of one hundred twenty (120) hours in
their vacation balance before sell back occurs.
2. Employees must have taken aone-consecutive (1) week vacation during
the past year prior to the sell back of hours.
3. Employees must complete a sell back form, which must include a
Department Head signature.
29 General Unit MOU
4. Forms must be submitted to the Finance Department on or before April
15"' of each year.
5. Payment for vacation sell back hours will be paid (using current Council
approved salary rates in the salary resolution) on the employee's May 15th paycheck each year.
SECTION 2 -Holidays
A. City Designated Holidays: Employees shall be entitled to twelve (12) City-
designated holidays, the equivalent of ninety-six (96) holiday hours each year. The following
days will be holidays for the purpose of this MOU:
New Year's Day
Martin Luther King, Jr. Day
President's Day
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day After Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Plus eighteen (18) hours of Holiday Account time, per year (see subsection B).
Effective January 1, 2006, all full-time employees within the bargaining unit with
the exception of those employees mentioned in the following paragraphs shall be entitled to
twelve (12) City-designated holidays, the equivalent of one hundred eight (108) holiday hours
each year.
All full-time employees within the bargaining unit, with the exception of those
employees shown in the following paragraphs, shall be allowed the above holidays at full pay
when such holidays occur within the regularly assigned working periods, provided they are in a
paid status during any portion of the working day immediately preceding or succeeding the
holiday. If it becomes necessary for an employee to work on any of the above-mentioned
holidays, except as provided herein, he/she shall receive pay at the regular rate and shall be
allowed another day off at full pay as approved by the Department Head.
B. Effective January 1, 2006, unit employees will receive eighteen (18) hours in their
Holiday Account (formerly known as Floating Holidays). Employees may maintain a balance of
more than eighteen (18) hours in their holiday account during the fiscal year.
30 General Unit MOU
Effective June 1, 2011, unit employees may carry over forty (40) hours of accrued
holiday leave each June 30t". Any Holiday bank hours over forty (40) at June 30th will be
forfeited.
Effective January 1, 2006, if a holiday falls on a ten (10) hour workday, the
employee will be paid nine (9) hours holiday pay. The employee may supplement the holiday
with accrued vacation, holiday account time, compensatory time, or no pay.
Each Department Head shall consider employees' requests for scheduling the
eighteen (18) holiday account hours per calendar year, provided however, the final right to allot
the hours to be observed is reserved exclusively to the Department Head. The Department Head
will not unreasonably withhold permission to take time off.
Effective January 1, 2006, on City-designated holidays, new employees with less
than six (6) months of continuous service with the City will receive nine (9) hours of holiday pay
and will be able to "draw down" one (1) hour from their holiday account, depending upon
whether they are working a 4/10 schedule. They may also elect to take one (1) hour of no pay.
If new employees elect to "draw down" from the holiday account, the hours used
will be deducted from the eighteen (18) holiday account hours they receive upon the completion
of six (6) months of continuous service.
C. Other Provisions: Employees who, due to scheduling, must work on a recognized
City holiday will be compensated on the basis of the number of hours worked on said holiday,
excluding lunch/dinner break. The hours accruing to the employee's holiday account for that day
shall not exceed nine (9) hours.
If a holiday occurs on a normal day off for an employee, the employee shall
receive no additional pay.
The decision as to whether in-lieu of time off or pay is to be received shall be
based on the availability of funds and needs of the department, as determined by the Department
Head. If in-lieu of time off is directed by the Department Head, it may be added to the regular
annual vacation period, but must be taken within one (1) year of the date in-lieu time was earned.
Employees of the Public Works, Integrated Waste Division, except clerical employees and
certain designated employees of the City Fleet Division needed to support the, Integrated Waste
Division operations, shall enjoy all the holidays listed above as they occur, except for Veteran's
Day, November 1 l; the Friday after Thanksgiving Day and, the holidays observed the day before
Christmas and the day before New Year's Day. Said employees shall receive an additional day's
pay for each such holiday on which they are required to work. If such holidays occur on a normal
day off for said employees, they shall receive no additional pay.
Holidays 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. If the Christmas and New Year
holidays occur on Mondays, these holidays and the holiday eves will be observed on Mondays
and Tuesdays.
31 General Unit MOU
D. Effective January 1, 2006, upon separation from the City, employees shall be paid
for ninety percent (90%) of his/her current holiday account.
SECTION 3 -Sick Leave
A. Definition: Sick leave means the absence from duty of an employee because of
illness or injury, exposure to contagious disease or attendance upon a member of his/her
immediate family who is seriously ill and requires the care of or attendance of any employee.
Immediate family means: husband; wife; 'grandmother; grandfather; mother; father; sister;
brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren;
grandchildren; and, step-grandchildren.
Sick Leave Usage for Family Members: Not more than eighty (80) hours of sick
leave within any calendar year may be granted to an employee for the care of or attendance upon
members of his/her immediate family, as defined above.
Not more than forty (40) hours of sick leave within any calendar year may be
approved for an employee for each absence for purposes of attending the funeral of a member of
the employees' immediate family. The City may require an employee to submit evidence of
eligibility to use sick leave for purposes of attending the funeral of a member of the employee's
immediate family.
Sick Leave Usage for Employees: Upon the department's request, an employee
must provide a physician's statement to justify a sick leave of forty (40) consecutive hours or
longer. If the Department Head finds with just cause that sick leave is being abused, the
employee maybe required to submit a doctor's statement.
No absence due to illness or injury in excess of forty (40) hours shall be approved,
except after the presentation of satisfactory evidence of illness or injury. A certificate from a
practicing physician or an authorized practicing chiropractor maybe required by the Department
or Division Head, and shall be subject to his/her approval concerning such absence. The Mayor
and Common Council shall have the power to require that any person claiming the sick leave
benefits of this MOU be examined at any reasonable time or intervals by a designated physician,
and in the event of an adverse report, to reject such claim for sick leave, in whole or in part and
to terminate sick leave compensation. In the event of the refusal of any person to submit to such
examination after notification, the Mayor and Common Council may terminate sick leave
compensation and reject any claim therefor. The Mayor or Common Council shall have the right
to require the presentation of a certificate from a practicing physician or a designated physician
stating that an employee is physically or psychologically able to perform his/her work and duties
satisfactorily before permitting an employee who has been on sick leave to return to work.
In order to receive compensation while absent on sick leave, employees shall
notify their immediate supervisor or designee prior to or within thirty (30) minutes of the time set
for beginning their daily duties, or as maybe specified in Department/Division work rules.
32 General Unit MOU
Sick leave with pay shall be granted to all regular employees and to all temporary
full-time employees whose positions are funded under federal law who are regularly employed in
permanent or federally-funded positions, if such benefit is required by said federal law. Sick
leave shall not be considered as a right which employees may use at their discretion, but shall be
allowed only in case of necessity and actual personal sickness or disability, except as otherwise
provided herein.
Whenever an employee is compensated hereunder for sick leave or injury and has
not had a vacation at the end of the current calendar year, the employee must take vacation not
utilized due to illness or injury during the next calendar year.
B. All full-time, regular employees who have completed the first six (6) calendar
months of continuous service with the City shall be granted a sick leave accumulation of forty-
eight (48) hours. After six (6) months or more of continuous service, employees who are
compelled to be absent from work on account of illness or injury other than that which is
compensabee under Article V, Section 5, shall be compensated for sick leave, provided that such
compensation shall cease upon the exhaustion of all accumulated sick leave. Employees shall not
accumulate sick leave while compensated under the provisions of Article V, Section 5.
Time off with pay for sick leave shall be considered as time worked for purposes
of the accrual of sick leave only. Sick leave usage shall not be decreased by the fact that any
legal holiday occurs during the time off on account of illness. The words "legal holiday" shall
have the meaning ascribed to them in Article V, Section 2. Sick leave shall not accumulate
during periods of leave of absence without pay.
In the event an employee works less than fifty percent (50%) of the total normal
work hours in the pay period, he/she shall accrue no sick leave for such pay period and shall not
be credited with the four (4) hours sick leave. Sick leave maybe accumulated without limit.
Approved vacation, sick leave, holiday or compensatory time off shall be
considered as time worked for the purpose of computing sick leave benefits only.
Whenever the employee uses all allowable sick leave, further absences may be
charged against accrued vacation upon approval of the Department Head. If all allowable sick
leave has been used and use of accrued vacation is disapproved, the employee will take loss of
pay for the time not covered by allowable sick leave.
SECTION 4 -Payment of Sick Leave
A. Payment for Unused Sick Leave: Unused sick leave is payable at any resignation
without prejudice (including death and retirement) up to a maximum of fifty percent (50%) of
unused Sick Leave up to the 600-hour cap. Payment will be at current Council approved salary
rates in the resolution.
33 General Unit MOU
For employees with over twenty (20) years of service, one hundred percent
(100%) of all unused sick leave up to the 600-hour cap will be paid at resignation without
prejudice.
B. Sick Leave Sell Back: Effective January 1, 2001, employees with perfect
attendance in the previous calendar year will be allowed to cash out up to five (5) days (40
hours) of sick leave per year, providing the employee has at least 160 hours in their leave
account after the sell back to be eligible. Employees must complete a sell back form, which must
include the Department Head's signature to the Finance Department on or before February 15th
each year. Payment for sick leave sell back hours will be compensated on the employee's March
31St payroll check.
SECTION 5 -Catastrophic Leave
Upon request of an employee who is experiencing catastrophic illness, and upon approval
of the City Manager and/or Department Head, leave credits (vacation or floating holidays) may
be transferred from one or more employees to the affected employee under the following
conditions:
A. Sick leave accruals cannot be transferred among employees.
B. The employee with a catastrophic illness or injury has exhausted all other leave
accruals and has completed at least one (1) year of continuous service with the City.
C. The donation must be in four- (4) hour increments of vacation, compensatory time
or floating holidays by employees who have completed at least one (1) year of continuous
service with the City.
D. Employees may not donate leave they would otherwise forfeit. For example,
employees who are separating from City employment may donate leave only up to the amount of
the payment they would receive upon separation.
E. Donations shall be on a form developed by the Human Resources Department
Head, signed by the donating employee, approved by the Department Head and verified by the
Finance Department. Procedures shall be as approved by the City Manager.
F. An appeal will be considered on a separate basis, if denied.
G. Unused donated time that has been credited to the requesting employee's account
will not be returned to the donor's account.
SECTION 6 -Injury Leave
Effective with the first day of necessary absence for industrial accident or illness leave,
eligible employees will be approved to receive Workers' Compensation benefits. Each employee
34 General Unit MOU
shall be authorized upon his/her written request to utilize the balance of his/her accumulated sick
leave, vacation, holiday account and compensatory time credit to augment the amount of
temporary disability he/she receives, to the extent the total sum received will result in payment
equal to his/her normal compensation. The utilization of sick leave for this purpose shall end
with the termination of the temporary disability or when the accumulated sick leave credits have
been exhausted, whichever occurs first.
When employees sustain what they believe to be an industrial injury or illness, they shall
request an "Employee Claim for Workers' Compensation Benefits" form from the supervisor.
The supervisor is required to give the employees this form within one (1) working day of the
City being notified of the injury. The supervisor will log date and time employees were given
form on Supervisor's Report of Injury. Employee must return Employees' Claim form to
supervisor to begin the process of filing an industrial injury. In the event the employee is unable
to prepare the form due to hospitalization, serious illness or injury, the supervisor or a member of
the department/division staff shall prepare the required report.
The City shall have the right to require the employee to be examined by a physician
designated by the City to assist in determining the length of time during which the employee will
be unable to perform the assigned duties, and if the disability is attributable to the injury
involved.
Should there be a dispute between the physician selected by the City and the physician
selected by the employee, a third physician shall be mutually agreed upon between the employee
and the City to examine the employee to assist in making necessary medical determinations.
If an employee is receiving disability payments, he/she shall be entitled to use only as
much sick leave or vacation as, when added to the disability payments, will provide for a full
day's pay.
SECTION 7 -Leave of Absence Without Pay
Leave of absence without pay is a temporary, non-pay status and absence from duty
granted at the request of the employee. Leave of absence without pay may be granted by the City
Manager for a period not to exceed six (6) months, upon the positive recommendation of the
Department Head. Under justifiable conditions, said leave maybe extended by the City Manager
for additional periods. Leave of absence without pay will be considered favorably, if it is
expected that the employee will return to duty and that at least one of the following benefits will
result: increased job ability, protection or improvement of the employee's health, retention of a
desirable employee or furtherance of a program of interest to the City. Examples of or conditions
for which a leave of absence without pay maybe granted are:
A. For an employee who is a disabled veteran requiring medical treatment;
B. For an employee who is temporarily mentally or physically unable to perform
his/her duties;
35 General Unit MOU
C. For an employee who files for or assumes elected office;
D. For maternity or paternity leave beyond that required by Federal and State Law,
upon the recommendation of a physician;
E. For military leave when the employee has less than one (1) year service to qualify
for leave with pay;
F. For Union activities, upon designation by the Union.
An approved leave of absence without pay for sixty (60) days or less in any calendar year
will not be considered a break in service. Leave in excess of sixty (60) days shall result in the
advancement of the employee's anniversary date and compensation advancement date to such
date as will account for the total period of uncompensated time off. Failure to return to duty at
the expiration of the approved leave of absence without pay shall constitute an abandonment of
the position pursuant to Rule 507 of the Rules of the Civil Service Board and shall be prosecuted
consistently therewith.
The City's contribution towards an employee's health and life insurance premium will not
be extended beyond the last day of the month in which a leave of absence without pay begins, if
the leave of absence without pay becomes effective during the first fifteen (15) days of the
month, nor beyond the last day of the next succeeding month, if the leave of absence without pay
becomes effective after the fifteenth day of the month, unless the employee returns to work from
leave of absence without pay status prior to the date the City's contribution would be
accumulated. In the event the employee desires to maintain full health and life insurance
coverage while on leave of absence without pay status, he/she may arrange to pay the insurance
premiums for the coverage desired (both the employee and employer portions). It is the
responsibility of the employee to contact the City's payroll section in this regard. The payment of
the amount of the premiums must be made to the City's payroll section prior to the date on which
the City's participation will terminate. Payments must be made monthly thereafter until the
employee either returns to work or his/her employment with the City is terminated.
Upon an employee's return to work, the City's contribution towards the employee's health
and life insurance premiums will begin on the first day of the month following the end of the
leave of absence without pay, if that leave of absence without pay terminated between the first
and the fifteenth day of the month, or on the first day of the next succeeding month, if the leave
of absence without pay terminates after the fifteenth day of the month.
Notwithstanding any other provision of this section to the contrary, the City will continue
its contribution for health and life insurance premiums of an employee on leave of absence due
to any injury or illness arising out of and in the course of his/her employment with the City.
In circumstances in which either the Federal Family and Medical Leave Act, the
California Family Rights Act, California Pregnancy Disability Leave Law, American with
Disabilities Act, Pregnancy Discrimination Act or Fair Employment and Housing Act apply, the
City shall adhere to the requirements of the applicable Acts.
36 General Unit MOU
SECTION 8 -Witness Leave
Employees shall only be entitled to a paid leave of absence when subpoenaed to testify as
a witness in civil litigation involving the City, such subpoena being properly issued by a court,
agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in
any case in which the subpoenaed employee is a party to the action. Witness leave shall not be
charged against any accumulated leave balances and shall be compensated at the employee's base
hourly rate. Employees shall only be entitled to paid witness leave if they provide a copy of the
subpoena to the City within twenty-four (24) hours of receipt.
SECTION 9 -Blood Donations
Unit members who donate blood in the interest of the City without receiving
compensation for such donation may have the required time off with pay with prior approval of
the immediate supervisor for each such donation. This benefit shall not be changed to any
accumulated leave; provided however, if the employee is unable to work after such donation,
time may be charged to accumulated sick leave or be taken as leave without pay. Evidence of
each donation must be presented to the appointing authority to receive this benefit.
SECTION 10 -Election Leave
Employees may request time off to vote in accordance with Resolution No. 89-38, as may
be amended. This is attached as an exhibit to the MOU.
SECTION 11 -Military Leave
Unit members on leave for military duty shall be compensated pursuant to California
Military and Veterans Code Sections 395, et seq. and the Federal Uniformed Services
Employment and Reemployment Rights Act (38 U.S.C. §§ 4301 et seq. The specific
compensation and reemployment rights of individual employees shall be determined based upon
the applicable requirements of the aforesaid State and Federal law, copies of which may be
obtained through the Department of Human Resources. All military service shall be counted as
City service when calculating whether the employee has twelve (12) months of service with the
City.
Replacements for unit members on military leave will be hired with regular (rather than
temporary) position status. However, they will be subject to layoff when unit employees on leave
return.
37 General Unit MOU
SECTION 12 -Jury Duty
Every general permanent employee of the City of San Bernardino and every employee
whose position is funded under federal law or is employed in a federally funded position, if such
benefit is required by said federal law, are covered by this section.
Employees shall provide prior notice to their supervisors regarding jury service. In cases
where the completion on any day of such jury service does not exceed a period of four (4) hours
duration of the employee's assigned work shift, it shall be the responsibility of the employee to
return to work within a reasonable time after his/her release or discharge from such jury service
on that day. However, where such employee is required to continue in jury service for a period in
excess of four (4) hours duration on any such regularly scheduled working day, said employee
shall not be required to work on that same day of his/her release or discharge from jury duty. If
the start of the employee's shift is two (2) hours or more prior to the commencement of jury duty,
the employee shall be required to report to work. This is subject to adjustment based on the
location of jury service.
Under such circumstances of compensable jury service, every general permanent
employee or every federally funded general employee as aforesaid, shall be paid their regular
pay, less jury duty fees while serving on jury duty, provided a copy of all jury fees paid to the
individual employee, less automobile expenses allowed, are submitted to the City Finance
Department.
Employees shall notify their superiors of any call for jury service promptly upon receipt
of notice thereof, and of any absence from duties due to such jury service in order that a
replacement or substitute may perform their duties. When an employee fails to promptly report
the receipt of a call to jury service when so required, or fails to promptly notify their superiors
regarding the absence for jury service, said employee shall be considered as absent without leave
and no salary compensation shall be paid.
In the event, during the course of any jury service, an employee is ordered by a judge or
other officially recognized judicial body into a state of sequester, the employee shall be paid the
regular wage during such time of sequester without supplement from any accrued bank of time.
Any employee who is summoned to Grand Jury Service shall be entitled to all benefits,
restrictions and requirements of this section.
The City will pay for up to fifteen (15) working days in a calendar year of a covered
employee who is required to serve jury duty.
Whenever a covered employee is duly summoned as a witness, except where the
employee is a litigant or defendant in a criminal case or any action brought about as a result of
his or her own misconduct, he or she shall receive regular compensation for any regularly
scheduled working hours spent in actual performance of such service.
38 General Unit MOU
ARTICLE VI -WORKING CONDITIONS
SECTION 1 -Work Periods
A. City Work Schedules: City work schedules shall be as herein defined, except as
otherwise provided for:
1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty- (40)
hour work week consisting of five (5), eight (8) hour work days, exclusive of any meal periods
assigned by management.
2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (80)
work hours in a two (2) week period, consisting of eight (8), nine (9) hour work days and one
(1), eight (8) hour work day, exclusive of any meal periods assigned by management.
3. 4/10 Work Schedule: The 4/10 work schedule shall consist of a forty- (40)
hour work week consisting of four (4), ten (10) hour work days, exclusive of any meal periods
assigned by management.
Work schedules shall be posted on all department bulletin boards showing the
employees' shift, work days and where known, hours.
B. Work Schedule Adjustments: It is understood and agreed that Department Heads
shall establish such work schedules as may be necessary for the efficient and economical
provision of services for the public, and to make such adjustment in work shifts as are from time
to time required. The City shall give the employees and the Union two (2) weeks' notice of any
proposed changes in scheduled work shifts prior to implementation. If the Union wishes to
consult with management regarding the proposed changes, it shall notify the City within seven
(7) calendar days from receipt of notice. Upon notification by the Union, both parties shall meet
within ten (10) calendar days in an earnest effort to reach a mutually satisfactory resolution of
any problems arising as a result of the proposed changes. Work schedule changes resulting from
an emergency situation or circumstances, which disrupt normal City operations as determined by
the Department Head, are not bound by the two- (2) week notice requirement.
If a light-duty assignment for an employee will result in a shift change, e.g., from
day shift to graveyard shift, the City shall give the employee and the Union two (2) weeks'
notice of any proposed shift changes prior to implementation. The procedures described in the
first paragraph of Section B above shall apply.
1. This section does not include minor adjustments in the starting and ending
times of employee shifts
2. During the two-week notification period, the employee continues on
current status/schedule.
39 General Unit MOU
SECTION 2 -Physical Examinations
The City shall pay medical fees for the physical examination of any unit member within
the unit of representation when such examination is required and directed by the City after
employment. The City may arrange with a physician or medical group for such examination, or
if the situation warrants, the City may authorize an employee to be examined by a doctor of
his/her choice. In the event an employee is authorized to be examined by a doctor of his/her
choice, reimbursement shall be made by the City for the cost thereof, provided, however, that the
amount of reimbursement shall not exceed the cost the City would have paid its contract
physician or medical group.
SECTION 3 -Probationary Period
All new or newly promoted employees must serve a one (1) year probationary period.
SECTION 4 -Seniority
Department Heads will consider seniority in authorizing vacations, scheduling shift
assignments and transfers. Seniority shall prevail when all other factors are not significantly
different. "All other factors" is defined as special qualifications, skills, work performance, as
well as attendance and safety. An employee shall not attain seniority until the completion of a
probationary period, upon which time the seniority date shall be from the last date of hire within
the department, division or section. In the event of layoffs, due to lack of work or funds that the
department deems it necessary to reduce the working force, the last employee hired within the
classification so reduced shall be the first laid off unless he/she possesses special qualifications
or whose loss of skills would adversely affect the public welfare or has superior work
performance that can be documented.
Emergency, temporary and provisional employees shall be laid off in that order prior to
the layoff of permanent employees in the same class. In a department where there is more than
one class having equal rates of compensation, any probationary or regular employee subject to
layoff under this rule shall, in lieu thereof, be allowed a transfer to a position in one of the other
classes of equal compensation for which he/she possesses the minimum requirement of
knowledge, skill and experience provided that the employee subject to layoff has longer service
in his/her class. Any regular employee subject to layoff under this rule shall, in lieu thereof, be
allowed a demotion to the next lower class of his/her department in which the employee subject
to layoff possesses the minimum requirements of knowledge, skill and experience and shall
become the senior employee of that class for the purposes of this rule. Any employee laid off or
demoted to a lower class or transferred to an equal class under this section shall have the right for
two (2) years to be reemployed, transferred or promoted to their former class or any lower class
upon the first vacancy occurring in any such class in the department provided he or she possesses
the minimum requirements of knowledge, skill and experience for such vacancy and such rights
shall take precedence over the regular employee or promotion lists. An employee so reinstated
from the reemployment preferred register shall regain tenure-seniority for prior service. Notice
40 General Unit MOU
of reduction in force shall be presented to the Union and the affected employees. Such notice
shall be in writing by the Human Resources Department. An employee shall be given at least
thirty (30) days' notice prior to layoff.
SECTION 5 -Reasonable Suspicion Drug and Alcohol Testing
In addition to employees already covered under the Department of Transportation (DOT)
drug and alcohol testing, all General Unit employees will participate in reasonable suspicion
drug and alcohol testing, following the reasonable suspicion Drug/Alcohol Testing Procedure
described in the City of San Bernardino's Policy on Drug and Alcohol Testing of Employees
with Commercial Driver's Licenses. (Exhibit 4)
If a supervisor has a reasonable suspicion that an employee has been abusing drugs or
alcohol, that supervisor will take one of the steps listed below prior to referring an employee for
a test, and will document his/her observations on a reasonable suspicion checklist:
A. Seek the concurrence of another supervisor if a second supervisor is in the
immediate vicinity; or,
B. Notify his/her Department Director, Assistant Director or immediate supervisor if
a second supervisor is not in the vicinity.
The conduct of the employee must be witnessed by a supervisor who has received
training consisting of at least two (2) hours on identification of actions, appearance or conduct
which are indicative of the use of drugs or alcohol. A supervisor must directly observe and
document the behavior. Reasonable suspicion may not be based on hearsay.
Training will be provided by DOT certified trainers. Training will be provided to all
current Middle Management Unit supervisors following ratification of this MOU. The training
will be videotaped for the purpose of training newly appointed supervisors and serve as refresher
training for all supervisors, as needed. Follow-up training classes will be provided to newly
appointed supervisors in a group session when that number reaches five (5) or more.
In addition to training supervisors, the City will offer an overview to full-time regular
employees in the detection of drug and alcohol use.
ARTICLE VII -GENERAL PROVISIONS
SECTION 1- Waiver Clause
The parties acknowledge that during the meet and confer process which resulted in this
MOU, each had the unlimited right and opportunity to make demands and proposals with respect
to any subject or matter not removed by law, City Charter, ordnance, resolution, personnel and
departmental rules and regulations, from the scope of negotiable issues and that the
understandings arrived at by the parties after the exercise of that right and opportunity are set
41 General Unit MOU
forth herein. Therefore, the City and the Union, for the life of this MOU, each voluntarily and
unqualifiedly waives the right to meet and confer 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
MOU or with respect to any subject or matter not specifically referred to or covered in this
MOU, even though such subject or matter may not have been within the knowledge or
contemplation of either or both of the parties at the time they negotiated or signed this MOU.
SECTION 2 - Severability
It is understood and agreed that this MOU is subject to all current and future applicable
federal and state laws and regulations and the current provisions of the charter, ordinances,
resolutions and of the rules and regulations of the City. If any part or provision of this MOU is in
conflict or inconsistent with such applicable provisions of those federal, state or city enactments,
or it is otherwise held to be invalid or unenforceable by any court or competent jurisdiction, such
part or provision shall be superseded by such applicable law or regulations, and the remainder of
this MOU shall not be affected thereby. The parties hereto agree to refrain from initiating any
action that would invalidate any part of the MOU.
SECTION 3 -Printing of Memorandum of Understanding
The City shall pay one-half (1/2) of the cost of printing the MOU. The City shall
distribute the MOU to the bargaining unit and new employees. The City will provide an
initialed/signed distribution list of employees to the Union after distribution of the MOU.
SECTION 4 -Term of Memorandum of Understanding
The term of this MOU extends through June 30, 2012. If negotiations regarding an MOU
are in progress at the time the current MOU expires or if the parties are at impasse, the current
MOU shall remain in effect until a successor MOU is adopted by the Mayor and Common
Council.
The City agrees to a reopener in January 2012 to discuss health care costs and health
plans only.
SECTION 5 -Notice of Intent to Reopen
The parties agree that, if either party desires to propose changes in the terms or conditions
of this MOU for the period following expiration of this MOU, such requested meeting shall be
held at least one hundred twenty (120) days before the expiration of the MOU. Such notice shall
request a meeting to begin negotiations and establish ground rules which shall include, at a
minimum, the date beyond which no further proposals maybe submitted by either party.
42 General Unit MOU
GENERAL UNIT EMPLOYEES'
MEMORANDUM OF UNDERSTANDING
2011-2012
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Executed this ~ day of 2011.
ch,-.~.~
Mayor
City of San Be ino International Union of
to
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Gity' esignated Representative
Operating Engineers (IL10E)
ATTEST:
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City Cler
43 General Unit MOU
Approved as to form:
INDEX
Page
Agency Personnel Rules .............................................................................................................. 8
Bilingual Pay ............................................................................................................................... 23
Blood Donations .......................................................................................................................... 37
Budget Documents ....................................................................................................................... 16
Bulletin Boards ............................................................................................................................ 16
Call-Back/Standby Assignment &Pay ........................................................................................ 19
Catastrophic Leave ....................................................................................................................... 34
Classification Appeal .................................................................................................................. 19
Contract Services ......................................................................................................................... 8
Definition of Terms ...................................................................................................................... 6
Education Tuition Assistance ...................................................................................................... 26
Election Leave ............................................................................................................................. 37
Employee Assistance Program (EAP) ......................................................................................... 28
Employee Lists ............................................................................................................................. 14
Employee Orientation .................................................................................................................. 16
Employee Rights .......................................................................................................................... 7
Employee Stewards ...................................................................................................................... 10
Fines ............................................................................................................................................. 22
Grievance Procedure .................................................................................................................... 12
Health/Life Insurance ................................................................................................................... 23
Higher Acting Classification Pay ................................................................................................. 18
Holidays ....................................................................................................................................... 30
Injury Leave ................................................................................................................................. 34
Jury Duty ..................................................................................................................................... 38
Labor-Management Committee ................................................................................................... 9
Leave of Absence Without Pay .................................................................................................... 35
Management Rights ..................................................................................................................... 7
Military Leave .............................................................................................................................. 37
New Employee Information ......................................................................................................... 16
No Strike ...................................................................................................................................... 10
Non-Discrimination ..................................................................................................................... 14
Notice of Intent to Reopen .......................................................................................................... 42
Overtime ...................................................................................................................................... 18
Parking Facilities ......................................................................................................................... 27
Payment for Unused Sick Leave .................................................................................................. 33
Payroll Deduction for Union Dues .............................................................................................. 11
PERS ............................................................................................................................................ 17
Personal Tool Replacement Allowance ....................................................................................... 22
Personnel Files ............................................................................................................................. 15
Physical Examinations ................................................................................................................. 40
Printing of Memorandum of Understanding ............................................................................... 42
Probationary Period .................................................................................................................... 40
44 General Unit MOU
Page
Reasonable Suspicion Drug and Alcohol Testing ....................................................................... 41
Recognition/Union Security ......................................................................................................... 10
Safety Committee ......................................................................................................................... 9
Salaries ......................................................................................................................................... 17
Seniority ....................................................................................................................................... 40
Severability .................................................................................................................................. 42
Shift Differential .......................................................................................................................... 21
Sick Leave .................................................................................................................................... 32
Skelly Rights ................................................................................................................................ 14
Special Certification Pay .............................................................................................................. 23
Term of Memorandum of Understanding .................................................................................... 42
Uniforms, Rain Gear & Safety Equipment .................................................................................. 24
Union Logos ................................................................................................................................. 16
Vacations ...................................................................................................................................... 28
Waiver Clause .............................................................................................................................. 41
Witness Leave .............................................................................................................................. 37
Work Periods .............................................................................................................................. 39
45 General Unit MOU