HomeMy WebLinkAbout17-Personnel Department
_---1.~
CI':, 'If :z"F SAN BERNARD..40 - REQUl..., T FOR COUNCIL AC ..ON
Date: August 3, 1988
Subject: Resolution implementing Memorandum
of Understanding between the City of
San Bernardino and employees in the
general employees bargaining unit
represented by AFSCME
From: Gordon R. Johnson
Dept: Personne 1
Synopsis of Previous Council action:
None
Recommended motion:
Adopt the resolution.
fi-"~
f a
II, , LlcZr'-
Sig~~re
Contact person: Gordon R. Johnson
Phone:
X5161
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
,M
GRJ/jr
^,.,r"'....r1.. 1+"'........ 1\1.....
,
CITY OF SAN BERNARDI.-O - REQUE~T FOR COUNCIL ACT'.ON
STAFF REPORT
The city's
a new MOU.
through June
include:
negotiators have
The MOU will be
30, 1989. The
reached agreement with AFSCME on
in effect from July 1, 1988,
financial highlights of the MOU
Wages
3% increase effective July 4, 1988
PERS
2% additional city contribution
effective January 2, 1989
Health
Insurance
$18.50 additional city contribution
effective January 2, 1989
Shift
Differential
5~ an hour increase effective July 4,
1988
Several other changes were incorporated in the MOU, however,
their fiscal impact is negligible.
GRJ/jr
08/03/88
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
GRJ/ jyr 27
08/03/88
28
Resolution No.
RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO
AND EMPLOYEES IN THE GENERAL EMPLOYEES BARGAINING UNIT OF THE
CITY OF SAN BERNARDINO REPRESENTED BY AFSCME.
WHEREAS the designated representatives of the Mayor and
Common Council met and conferred
in
good faith
with
representatives of AFSCME, Local 122 representing the unit of
general permanent 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) effective July 1, 1988, through June 30, 1989;
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 Employees bargaining unit of the City
of San Bernardino.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof, held on
the
, 1988, by the following vote
day of
to wit:
/ / / / / / / / /
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
GRJ/jyr 27
08/03/88
28
RE: RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO
AND EMPLOYEES IN THE GENERAL EMPLOYEES BARGAINING UNIT OF THE
CITY OF SAN BERNARDINO REPRESENTED BY AFSCME.
AYES:
council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1988.
Mayor of the city of San Bernardino
Approved as to form
and legal content:
!~?~
ty Attorney
-.
TABLE OF CONTENTS
ARTICLE I
ADMINISTRATION
Section 1
Section 2
Section 3
Section 4
Section 5
Management Rights
Contract Services
Agency Personnel Rules
Safety Committee
Labor-Management Committee
ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Section 10
Recognition/Union Security
No Strike
Payroll Deduction for Union Dues
Grievance Procedure
Union Representation
Employee Lists
Skelly Rights
Non-Discrimination
Personnel Files
Bulletin Boards
ARTICLE III
COMPENSATION
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Section 9
Wages
PERS
Overtime
Higher Acting Classification Pay
Call-Back/Stand-By Assignment & Pay
Shift Differential
Personal Tool Replacement Allowance
Fines
Bilingual Pay
ARTICLE IV
FRINGE BENEFITS
Section 1
Section 2
Section 3
Section 4
Health/Life Insurance
Uniforms and Rain Gear
Education Tuition Assistance
Parking Facilities
-i-
Page
1
2
3
4
5
6
6
7
8
10
13
15
15
16
17
18
20
20
20
20
21
22
25
26
27
28
28
28
31
32
36
.
ARTICLE V
LEAVES 37
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Section 8
Vacations 37
Holidays 40
Sick Leave 43
Payment for Unused Sick Leave 47
Injury Leave 47
Leave of Absence Without Pay 49
Witness Leave 52
Blood Donations 52
ARTICLE VI
WORKING CONDITIONS 53
Section 1
Section 2
Section 3
Section 4
Work Periods 53
Physical Examinations 54
Probationary Period 54
Seniority 55
ARTICLE VII
GENERAL PROVISIONS 57
Section 1
Section 2
Section 3
Section 4
Section 5
Waiver Clause 57
Severability 57
Printing of Memorandum of Understanding 58
Term of Memorandum of Understanding 58
Notice of Intent to Reopen 58
Exhibit 1
60
-ii-
ARTICLE I
ADMINISTRATION
Section 1
Management Rights
This Memorandum of Understanding (M.O.U.) shall not be
deemed to limit or curtail the City in any way in the exercise of
the rights, powers, and authority which the City has prior to
adopting this M.O.U., except to the extent that the provisions of
this M.O.U. specifically curtail or limit such rights, powers,
and authority.
Furthermore, the City retains all its exclusive
rights and authority under the 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 and promotions; direct its
employees; establish and enforce dress and grooming standards;
determine the methods and means to relieve its employees from
duty because of lack of work or other lawful reasons; maintain
the efficiency of governmental operations; determine the methods,
means, 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
JFW:ss
8-31-88
1
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 to exercise
complete control and discretion over its organization and the
technology of performing its work.
Section 2
Contract Services
It is not the intent of the City to cause employees to
lose their jobs because of a decision to contract work. However,
if a decision is made by the City to contract work not now
contracted, and that decision will result in change in the work
status of employees in the AFSCME representation unit, prior to
JFW:ss
8-31-88
2
concluding the research and analysis necessary for the
implementation of such a decision, the City will meet and confer
in good faith concerning the manpower resource considerations
involved and receive recommendations from the Union to reduce the
impact upon jobs performed by unit employees.
Section 3
Agency Personnel Rules
It is understood and agreed that there exists within
the City past practices and in written form, certain personnel
rules, policies, practices, and benefits generally contained in
the "Civil Service Rules and Regulations for the Classified
Service"; Resolution No. 10584, Establishing Uniform and Orderly
Methods of Communications Between the City and its Employees for
the Purpose of Promoting Improved Employer-Employee Relations, as
amended; and Resolution No. 10585, Adopting Rules and Regulations
Relating to Employer-Employee Relations, as amended, which
documents will continue in effect, except for provisions modified
by the Common Council in accordance with state laws, orders,
regulations, official instructions or policies.
In the case 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.
JFW:ss
8-31-88
3
Any departmental work rules initiated, established, and
promulgated by the City shall be posted on bulletin boards 10
days prior to their effective date, except in emergency
situations. 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.
Section 4
Safety Committee
There is established an Employee Safety and Accident
Review Board-and Safety Committee in which the General Unit has
membership (3 members).
The Board will review all recordable
accidents (both City equipment and personal injury of City
employee) and make recommendations to the City Administrator and
Director of Risk Management 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 the
first meeting in January and keep minutes of all its meetings,
findings and recommendations.
JFW:ss
8-31-88
4
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.
Section 5
Labor-Management Committee
The Labor-Management Committee shall continue for the
term of this M.O.U.
Its continuing purpose is for the discussion
of common problems that are not addressed in other existing
procedures. The Union shall designate 3 representatives to serve
on the Committee from different departments. The City shall also
designate 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 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
3 Committee members to the Director of Personnel each July.
JFW:ss
8-31-88
5
ARTICLE II
EMPLOYER - EMPLOYEE RELATIONS
Section 1
Recognition/Union Security
Exclusive recognition of the Union is acknowledged for
purpose of meeting and conferring on wages, hours and working
conditions, and of general representation of employees within the
unit of representation.
The classification titles of those
general permanent employees in the unit for which the Union has
been recognized exclusively as the majority representative are
listed under Section 10 of City Resolution No. 6413 as amended,
excluding therefrom position and classification titles designated
as management/confidential, middle-management, or subsequently so
designated as determined solely by the City, positions
established and created under Federal contract; and those
employees while under provisional or probationary status.
The granting of "exclusive" recognition shall not
preclude employee self-representation in matters where individual
rights, protections, and concerns are involved; provided,
however, the representation rights of the Union as exclusive
representative shall not be compromised thereby.
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 themselves, such member shall be requested to provide
the Union and the City with a signed statement waiving the right
JFW:ss
8-31-88
6
-
to Union representation in such matters.
Section 2
No Strike
It is the purpose of the M.O.U. 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 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 communi ties. Thus, the Union and the
City will strive to promote a harmonious relationship between the
parties to this M.O.U. 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 M.O.U.
Section 3
Payroll Deduction for Union Dues
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
JFW:ss 7
8-31-88
-
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
who signs the authorized payroll deduction card as a monthly sum
certified to the City by the Secretary of the Union as the
regular monthly Union dues and insurance fees.
The amount of
dues shall be affixed to each authorization card by the Union. A
letter of authorization, signed by the Union's
Secretary/Treasurer, indicating the date of the meeting and
approval of dues by the general membership, shall constitute
proof.
The City will not deduct any pay for initiation fees,
fines or other special assessments.
Dues deduction shall be a
specified uniform amount for each employee and any change in the
amount of dues deducted shall be by written authorization from
the Union provided, however, that the Union shows proof that the
general membership has voted and approved any change in the
amount of dues. The employee's earnings must be sufficient after
other legal and required deductions are made to cover the amount
of the dues checkoff authorized. When a member in good standing
of the Union is in a non-pay status for an entire pay period or
is in a non-pay status during only part of the pay period, and
the salary is not sufficient to cover the full withholding, no
dues withholding will be made to cover the period from future
JFW:ss
8-31-88
8
earnings, nor will the member deposit the amount with the City
which would have been withheld if the member had been in a pay
status during that period.
All other legal and required
deductions have priority over employee organization dues.
Dues
withheld by the City shall be transmitted to the office
designated by the Union, in writing, at the address specified in
the letter of authorization.
All unit members who were members of the Union on
December 2, 1985, and those employees who thereafter become
members shall remain as members in good standing of said Union
for the duration of this M.O.U. except as provided for in this
article.
During the first full work week (Monday through Friday)
in April, a member may request, in writing, with an immediate
copy to the Union President, to withdraw his/her authorization
for dues deduction, which shall become effective in the first
payroll period in June.
The Union shall indemnify, defend, and hold the City
harmless against any claims made, and against any suit
instituted against the City in regards to employee organization
dues.
In addition, the Union shall refund to the City any
amounts paid to it in error, upon presentation of supporting
evidence.
JFW:ss
8-31-88
9
Section 4
Grievance Procedure
Definition of employee grievance:
A grievance is an
alleged violation of the terms of this M.O.U. or of the laws,
ordinances, resolutions concerning or affecting wages, hours or
other conditions of employment. Whenever the grievance procedure
is used under this M.O.U., it will be the exclusive remedy
pursued.
As used in this procedure, the term immediate
supervisor means the lowest level of supervisor not within the
general employee representation unit.
When a grievance exists,
as defined above, a grievant may appeal in accordance with the
procedures set forth below.
There is provided a mechanism for
settling the grievance informally with the immediate supervisor.
If this proves unsatisfactory, the grievance can be formally
presented in succession to a higher supervisor than the division
and/or department head, the Director of Personnel, and, finally,
to the City Administrator who will be the ultimate authority.
PROCEDURAL STEPS FOR HANDLING OF GRIEVANCES:
A. An attempt shall be made to ascertain all facts and
adjust all grievances on an informal basis between the employee
and, if he/she desires, the designated Union representative and a
supervisor in the employee's chain of command, up to and
including the division head. Presentation of the grievance shall
be made within 10 working days of the incident causing the
grievance or of the grievant's knowledge of the incident's
JFW:ss
8-31-88
10
occurrence.
B.
( 1 )
If the grievance is not adjusted to the
satisfaction of the employee involved, within 5 working days
after the presentation of the grievance, the grievance shall be
submitted in writing, by the employee or his/her designated
representative to the department head, within the next 10 working
days.
The department head shall meet with the employee and/or
his/her designated representative within 5 working days of
receipt of the written grievance and shall deliver his/her
answer, in writing, to the employee 5 working days after the
meeting.
(2) If the grievance is still not adjusted, the
aggrieved party may file a written appeal with the Director of
Personnel within 10 working days from the date of delivery of
said answer. The designated City representative shall meet with
the employee, and, if the employee desires, the designated Union
representative, within 5 working days after receipt of the appeal
and shall deliver his/her answer, in writing, to the employee
within the 5 working days after the meeting.
(3) If the grievance is still not adjusted, the
aggrieved party may file a written appeal with the City
Administrator or his/her designated representative within 10
working days from the date of delivery of said answer. The City
Administrator or his/her designated representative may meet with
the employee and, if the employee desires, the designated Union
representative, within 5 working days after the receipt of the
JFW:ss
8-31-88
11
appeal and shall deliver his/her answer, in writing, to the
employee within the 7 working days after the meeting.
(4) If the grievance is still not adjusted, the
parties may agree, within 30 working days, upon any mutually
acceptable impasse procedure, including but not limited to
mediation, conciliation or advisory arbitration.
The grievant
must have the written approval or sign off of his/her bargaining
unit prior to invoking advisory arbitration submitted to the City
Administrator.
The impartial mediator, conciliator or advisory
arbitrator shall be selected jointly by the City and the
aggrieved employee or, if he/she desires, by his/her Union
representative.
The fees and expenses incurred as a result of
requesting an impartial mediator, conciliator or advisory
arbitrator, to resolve the issue shall be shared equally by the
City and the employee or the Union if the Union invokes
arbitration.
(5) If the parties agree upon a mutually
acceptable impasse procedure but cannot agree upon an arbitrator,
a list of 5 arbitrators shall be obtained from the California
State Conciliation Service or other mutually agreeable source and
each party shall alternately strike one from the list until only
one name remains.
The first party to strike a name shall be
determined by lot.
(6) The arbitrator shall have no authority to add
to, delete or alter any provision of this M.O.U. or the
resolutions governing the employer-employee relations program but
JFW:ss
8-31-88
12
shall limit his/her decisions to the application and
interpretation of the provisions therein.
(7) Any grievance not answered by the City within
the specified time limits listed above shall be deemed settled on
the basis of the Union's original demand.
Likewise, any
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.
Section 5
Union Representation
When requested by an employee, a steward may
investigate any alleged or actual grievance in the jurisdiction
to which a steward has been assigned, or elsewhere in the City if
specifically requested by a grievant, and assist in its
presentation.
The steward representing an employee in a
grievance proceeding shall be allowed reasonable time during
working hours for such purposes, without loss of time or pay,
upon notification to and with the approval of his/her immediate
supervisor and concurrence by his/her division or department
head.
Approval to investigate and process a grievance will not
be unreasonably withheld.
The privilege of a steward to leave
his/her work during working hours, without loss of time or pay,
is subject to the understanding that the time will be devoted to
JFW:ss
8-31-88
13
the proper handling of grievances within the unit of
representation, and will not be abused.
stewards will perform
their regularly assigned work at all times, except when necessary
to leave their work to handle grievances as provided herein.
A steward will not be granted time off, nor
compensation for the purpose of handling grievances outside the
unit of representation which the Union has been exclusively
recognized within the City.
A steward may be allowed leave of
absence without pay by the Mayor and Common Council to attend
Union training courses and Union conventions if the department
head concurs.
A ratio of one steward for every 50 permanent employees
in the unit shall be recognized by the City.
Any substantiated
abuse of the privileges accorded stewards with regard to
reasonable time off and compliance with the requests of his/her
immediate supervisor, or conflicts which arise between duty
requirements and the handling of grievances, may be cause to
suspend this privilege and both parties will call an immediate
special consultation session between the City Administrator or
his/her designated representative and the local Union President
or his/her designated representative to resolve the problem.
Punitive action shall not be taken against employees for
performing their duties as stewards. The Union shall furnish the
Director of Personnel with an up-to-date steward list each
quarter including names of stewards and work locations. Changes,
other than on the quarterly lists will not be recognized by the
JFW:sS
8-31-88
14
City, other than for a steward who has left the bargaining unit
or City employment.
Section 6
Employee Lists
The City agrees to provide the Union a list of names of
the employees in the bargaining unit on a quarterly basis
commencing with the adoption of this M.O.U.
Section 7
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 therefor, 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).
JFW:ss
8-31-88
15
1. The employee shall receive advance notice of the
proposed disciplinary action. Reasonable advance notice shall be
provided to the employee.
2. The notice must contain the reasons and the charges
upon which the proposed action is based.
3. The notice must also contain a statement of the
events or circumstances upon which the action is based.
4. The employee must be given the materials, if any,
upon which the action is based.
5. The employee shall have the right to respond
either orally or in writing within a reasonable time to the
appointing authority (department head/division head) imposing the
discipline.
6. 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 8
Non-Discrimination
The City and the Union agree that there shall be no
discrimination against employees within the bargaining unit
because of race, color, creed, religion, national origin, sex,
age, marital status, Union membership or because of physical
handicap with respect to a position, the duties of which can be
performed efficiently by an individual with such a physical
JFW:ss
8-31-88
16
handicap without danger to the health and safety of the
physically handicapped person or to others.
Section 9
Personnel Files
(1) The personnel department shall keep and maintain
an official personnel file for employees, which shall contain all
information relative to the employee. No other files, records or
notations shall be official 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.
(2) An employee's supervisor 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 material.
The file shall not follow the employee upon
leaving the jurisdiction of the supervisor.
Any detrimental
material shall not be used after 18 months from the date of
placement of such.
Such files shall not contain a copy of any
JFW:ss
8-31-88
17
disciplinary action against an employee.
(3) Employees and/or their authorized representatives,
if authorized by the employee, shall have the right, upon
request, to review the contents of their official personnel files
and supervisor's 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.
(4) 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.
(5) Any written warning, discipline or detrimental
material shall not be considered if, from the date of the last
warning or discipline, 18 months pass without the employee
receiving an additional warning or discipline for such offense or
for a similar or related offense.
Section 10
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
JFW:ss
8-31-88
18
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 pertinency of any literature the Union chooses
to post, the City Administrator or his/her designated
representative and a Union representative will immediately meet
to resolve the problem.
JFW:ss
8-31-88
19
ARTICLE III
COMPENSATION
Section 1
Wages
A 3.0% salary increase for all employees subject to
this M.O.U. shall become effective the first full pay period in
July, 1988.
The salary schedule for classifications subject to
this M.O.U. is attached as Exhibit 1.
Section 2
PERS
Effective July 1, 1988, the City will pay 4% of the
employee's contribution to the Public Employees' Retirement
System (PERS), credited to the employee's personal account as a
fringe benefit. Effective the first full pay period in January,
1989, the City will pay 6% of the employees' contribution to
PERS, credited to the employee's personal account as a fringe
benefit.
Section 3
Overtime
All employees in the General Unit (exempt as well as
non-exempt) will receive overtime based on the requirements of
the Fair Labor Standards Act (FLSA).
Overtime work shall not be authorized unless the
JFW:SS
8-31-88
20
head or designated division head, who shall thereupon obtain the
approval of the Mayor or City Administrator prior to authorizing
the performance of such overtime work.
Emergency overtime work
is authorized without such prior approval if obtained at the
earliest possible time after the performance of emergency work.
In instances where stand-by 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
5.
Section 4
Higher Acting Classification Pay
Upon approval by the City Administrator, a
department/division head may assign or reassign a qualified
employee within the bargaining unit to discharge the duties of a
higher classification when a position is vacant, or in the a
absence of the incumbent.
An employee so assigned in writing by the
department/division head with the approval of the City
Administrator 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 5 days of each acting duty
assignment except for those employees who can prove that they
have served a total of 20 days in a higher acting classification
during the previous 24 months, based upon their official
personnel department records. The entire period of assignment at
JFW:ss 21
8-31-88
the higher classification including the initial work
demonstration period may not exceed 60 working days except by the
mutual agreement of the City and the employee.
An employee assigned to work in a higher classification
on an acting basis shall receive at least 5% above his/her
current base rate of pay.
Refuse employees assigned to work in a vacation relief
capacity shall not be entitled to higher acting classification
payor credit towards the initial work-demonstration period.
Other practices pertaining to this article will continue in
effect.
The City will not circumvent the intent of this article
by using various employees to thwart the intention of this
article.
Section 5
Call-Back/Stand-By Assignment & Pay
An employee who is free to engage in his/her own
pursuits while off duty, subject only to carrying a beeper or to
the understanding that the employee leave word at his/her home
(or with the department head or designee) where he/she can be
reached, is not working while on stand-by.
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 stand-by,
defined as the employee being in a state of readiness and
immediate availability to come to work, outside of their normal
JFW:ss
8-31-88
22
-..-
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 stand-by status:
For the employee's 5 work days
during their work week (or pro
rate at 1.0)
5 work hours
For the employee's 2 non-work
days during their work week
(or pro rate at 2.5)
5 work hours
OR
For all 7 days during a work
week
10 work hours
AND
For any holiday, as described
in this Resolution, 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
The hours described above will be treated as time
worked and paid at the rate of time and one-half.
This amount
will be paid in addition to compensation for actual time worked
when the employee is called to work from stand-by status. The
time worked shall also be paid at the FLSA overtime rate of time
and one-half.
General Unit Call Back Pay:
An employee cannot be in
stand-by status and call-back status at the same time.
Employees not formally assigned to stand-by 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 unless the
JFW:ss
8-31-88
23
employee has worked less than 40 hours in the work week due to
use of paid or unpaid sick time.
Department heads may, however, pay at the FLSA overtime
rate of time and one-half regardless of sick time taken in
unusual circumstances at their discretion.
In such cases, the
employee will be paid straight time.
The general unit employees covered by this M.O.U. are
not so severely restricted in their activities while in stand-by
status as to be "working while 'on call'" as that term is used in
the Fair Labor Standards Act 29 CFR 785.17.
Departments which utilize call-back/stand-by will
prepare a list of qualified employees. Such lists will be posted
in the department or division office. Stand-by and overtime will
be assigned on a rotation basis. Only those employees who appear
first on the list will have the right to reject an assignment to
overtime, stand-by and call-back.
Employees rejecting such
assignments will automatically be placed on the bottom of the
list.
The employee listed next must take the assignment.
An
employee has the option of rejecting such assignments only once
and must accept when called upon in the next rotation.
POLICE
EMPLOYEE COURT SUBPOENA TIME:
If a police department General Unit employee receives a
work related court subpoena for which they are placed on standby,
he/she will receive 2 hours of pay for all or any portion of a
24-hour day on which the employee is required to be in such
standby status.
The Union and the City agree that 2 hours of
JFW:ss
8-31-88
24
compensation is compensation in full for the hours of work of
said employee during standby.
The 2 hours compensation is, and 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 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 6
Shift Differential
Effective the first full pay period in July, 1988, all
employees within the bargaining unit assigned to the
communications division and pOlice records, shall receive the
following pay differential, in addition to their regular base
rate of pay, for actual "shift work" designated as either the
"swing" or "graveyard" shift.
A. An employee assigned to the "swing" shift (normal
start and ending time of 4:00 p.m. to 12 midnight, respectively)
shall receive $.25 per hour extra for all hours actually worked
during such assignment; or
JFW:ss
8-31-88
25
B. An employee assigned to the "graveyard" shift
(normal start and ending time of 12 midnight to 8:00 a.m.,
respectively) shall receive $.35 per hour extra for all hours
actually worked during such assignment.
C. The provisions of subsection A and B immediately
above notwithstanding, the following personnel shall receive the
following additional compensation for work as the "swing" or
"graveyard" shifts:
Police Record Clerks:
Police Records Clerk II
$0.3872 per hour
Police Records Clerk I
Police Clerical Trainee
$0.3555 per hour
$0.3007 per hour
Section 7
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 $200.00 per year, per employee.
Only those employees in
the following position classifications shall be entitled to such
allowance:
( 1 )
(2 )
Central Garage Division
Mechanics & Servicemen
Engineering
Traffic Signal
Electricians
(3 )
Park, Recreation
& Community
Services
Plumbers
Construction &
Maintenance Personnel
(4)
Public Buildings
Division
Maintenance Personnel
Electricians I & II
JFW:ss
8-31-88
26
(5) Fire Department -
Garage Division
Mechanics
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 on the job 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. Requests shall be submitted semi-annually, in June and
December, or upon termination of the employee from City service
for any reason.
Damaged tools which are replaced through
reimbursement by the City as above shall be turned in to the
department head and shall become the property of the City.
During the term of this M.O.U., all newly-employed
mechanic personnel in the Fire Department and Central Garage
Division who may be required by their Department Head to purchase
personal metric tools in order to effectively accomplish work
assignments shall be eligible to receive a one-time tool purchase
allowance not to exceed SlOO to assist in making such purchase.
Section 8
Fines
The City shall pay for court fines imposed upon any
permanent general employee within the unit of representation as a
JFW:ss
8-31-88
27
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 9
Bilingual Pay
Each full-time employee, as designated by the City
Administrator and who meets the certification and eligibility
requirements as developed by the Mayor and Common Council shall
be compensated at the rate of $25 per bi-weekly pay period for
each pay period actually worked.
The duties of the employee receiving bilingual pay
shall be reviewed annually to determine that bilingual duties
assigned to an employee are being performed on a regular and
frequent basis. The designated employees may be tested annually
for certification and recertification.
Not more than 12 employees of the entire City may be
designated to receive bilingual pay.
ARTICLE IV
FRINGE BENEFITS
Section 1
Health/Life Insurance
A. Effective July 1, 1988, employees without eligible
dependents will have $105 per month as cafeteria monies to spend
JFW:ss
8-31-88
28
on City approved
benefit plans.
Employees with eligible
dependents will have $180 per month as cafeteria monies to spend
on City approved benefit plans.
Effective the first full pay period in January, 1989,
employees without eligible dependents will have $123.50 per month
as cafeteria monies to spend on City approved benefit plans.
Employees with eligible dependents will have $198.50 per month
as cafeteria monies to spend on the City's approved benefit
plans.
Purchase of dependent health, dental or vision
insurance is required in order to have access to the City's
contribution.
City contribution not utilized on these plans is
not usable in any other way and reverts to the City if not
utilized.
These plans include:
The self-insured health plan,
Kaiser, dental, vision, life and the accidental death and
dismemberment plan insurance.
B. Cafeteria monies may be redesignated or a change of
plans may be made annually during the open enrollment period
only.
Plan additions and drops are permitted during open
enrollment only, except for new dependents or the loss of a
dependent(s)
through divorce, death or a child exceeding the
maximum age for eligibility under a plan.
C. It is incumbent upon the unit member to complete
the cafeteria plan form, available in the City's personnel
office, in order to receive cafeteria benefits. Cafeteria forms
completed will be processed with the payroll for full month
JFW:ss
8-31-88
29
implementation only.
Unit members not signing up for the
cafeteria plan will not receive the benefit of same.
D. A unit member 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".
E. In addition to the group health insurance coverage,
the City shall provide for each employee wi thin the bargaining
unit, $5,000 life and accidental death and dismemberment plan
insurance coverage at no cost to the employee.
JFW:ss
8-31-88
30
Section 2
Uniforms and Rain Gear
A. The City shall provide uniforms for the following
position classifications:
JFW:ss
8-31-88
(1) Central Garage Division:
Equipment Mechanic
Senior Mechanic
Welder
Auto Body Repairperson
Auto Body Repairman Helper
Automotive Serviceman
(2) Street Division:
Eight Employees assigned to Sewer
Maintenance
Skilled Laborer (Street Barricade)
Eleven employees assigned to Asphalt Crew
(3) Engineering Division:
Traffic Signal Electrician (10 sets-Uniforms)
(4) Cemetery: Laborer
(5) Central Communications: Maintenance
Personnel
(6) Public Buildings Division (Street Lighting):
Custodian
Building Maintenance Personnel
Electricians I & II
Parking Control Checker
(7) Parks, Recreation & Community Services:
Maintenance Plumbing Technician
Maintenance Plumber
(8) Refuse: All Permanent Field Personnel
31
(9) Animal Control:
Animal Control Officer
Animal Health Technician
Animal Shelter Attendant
Senior Animal License Checker
(10) Police and Fire General Employees:
All permanent personnel in the bargaining
unit as designated by the appropriate Chief.
B. The City shall make appropriate rain gear available
for refuse operators, cemetery personnel, public buildings
maintenance personnel, animal control personnel, parking control
checkers, traffic signal electricians of the engineering
division, and those personnel in the street division and park,
recreation and community services department who may be required
to work in inclement weather.
At least 10 sets of rain gear
shall be maintained in central stores and made available on loan,
as needed, to employees in the central garage and engineering
divisions.
C. The City shall provide uniforms to any employee
required to wear a uniform.
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
JFW:ss
8-31-88
32
increased responsibilities, and to provide financial assistance
to eligible employees for education and training.
B. Procedures
The employee must gain course approval from the
department head and the Director of Personnel prior to the start
date of the course, to be eligible for reimbursement under this
program.
1. An employee who desires to seek tuition
reimbursement under the provisions of this Section must complete,
in triplicate, an educational reimbursement form and submit it to
his/her department head for approval.
Note that the approval of
the Director of Personnel (see 2 below) is also required in
advance--i.e., prior to the star~ date of the course.
2. The department head will recommend approval or
disapproval based on job relatedness and availability of budgeted
funds for training and forward the educational reimbursement form
to the Director or Personnel for advance approval.
3. The Director of Personnel will recommend approval
or disapproval and forward to the City Administrator for final
action.
One copy will be returned to the employee; a copy will
be retained by the personnel department; and the triplicate will
be returned to the department.
It is necessary that the
applicant accomplish the procedures so far described in order to
ascertain the eligibility of the intended course of instruction
for reimbursement under the provisions of this article prior to
the inception of the course.
JFW:ss
8-31-88
33
4. The employee will submit his/her copy of the
approved application to the personnel department for
reimbursement within 3 months after completion of the course and
final grade has been received.
The employee must include
official certification of his/her final grade with appropriate
receipts for tuition and textbook costs. These will be returned
to the employee upon request. Applications not submitted to the
personnel department within 3 months following completion of the
the course become void.
C. Eligibility
1. Applications for tuition reimbursement will be
considered only from full-time, permanent personnel employees who
have completed probation.
2. 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.
3. Applications will be approved only for courses
directly related to the employee's job or directly related to a
promotional position in the employee's occupational specialty.
4. Courses not ostensibly related to the employee's
job, but which are required to qualify for a degree that is
directly related to his/her job may be reimbursable only after
all required occupationally related courses have been completed.
(For example, a fire engineer is a candidate for an A.A. degree
in fire science and has completed all course work directly
related to fire suppression duties. A course in american history
JFW:ss
8-31-88
34
is required for the degree.
The history course may qualify or
tuition reimbursement because the degree is related to the
employee's job.)
D. Reimbursement
1. Reimbursement will be for the cost of tuition or
registration fees and the required text book(s) for each course,
subject to the limits found in this article. Additional expenses
such as meals and parking fees are not reimbursable.
2. Costs for required texts are eligible for 50%
reimbursement. The employee may retain the books.
3. Tuition or registration costs of $25 or less are
eligible for 100% reimbursement.
Tuition costs in excess of $25
are eligible for 75% reimbursement. Maximum tuition and book
reimbursement per semester is $125. Summer session shall be
counted as a separate "semester" for purposes of this provision.
4. Employees shall be limited, for purposes of tuition
reimbursement to a maximum of 2 collegiate level courses of not
more than a total number of units equivalent to 6 semester units
per semester.
One quarter unit shall equal 2/3 of 1 "semester"
unit.
5. Prior to receiving reimbursement, employees must
submit documentary proof of having received a grade of not less
than "B" for the course.
If objective ratings are not rendered
for a specific course, then a certificate of successful
completion must be submitted.
6. Approval will be limited to courses given by
JFW:ss
8-31-88
35
accredited colleges and universities, City colleges or adult
education courses under the sponsorship of the Board of
Education.
Workshops, seminars, conferences, and similar
activities not identifiable as a formal course of instruction
within the curriculum of a recognized educational institution, do
not fall within the purview of this program but may be authorized
and funded by the interested department upon approval of the City
Administrator.
7. When an employee is required by his or her
department head to attend a particular course or seminar, the
expense shall be borne entirely by the department, and outside of
this article.
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.
JFW:ss
8-31-88
36
ARTICLE V
LEAVES
Section 1
Vacations
A. All employees within the bargaining unit covered by
to annual paid vacations as
this M.O.U. shall be entitled
follows:
Completed years of
Continuous Service*
1 year***
5 years
15 years
20 years
Rate of Accrual Equivalent
per month** Days per year
0.8330 working 10 working days
days
1.2500 working 15 working days
days
1. 6670 working 20 working days
days
2.0833 working 25 working days
days
*Service year begins on initial date of employment.
**Working days per month.
***No vacation granted or accrued if service is less
than one year
At the time of 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 the number of hours actually accrued, a
deduction shall be made from the employee's final compensation
for the number of hours in excess of the accrual.
JFW:ss
8-31-88
37
B. The amount of accrual shall not exceed the
specified number of days granted per year.
C. Employees shall not be permitted to work in their
City position in lieu of taking vacation in order to receive
additional compensation.
D. Vacation credits may be accrued and accumulated up
to a maximum of two years total accumulated vacation credits upon
approval by the department head.
Vacations or portions thereof
from a prior year may be taken consecutively with vacations or
portions thereof of a succeeding year, subject to the approval of
the department head.
Except as approved by the department head,
no vacation or portion thereof from a prior year shall run
consecutively with the vacation of a succeeding year; and a
period of 3 or more months should normally elapse between the
expiration of one year's vacation and the commencement of the
next year'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 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 employees request before the expiration of 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
JFW:ss
8-31-88
38
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.
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, the San Bernardino City Board of Water Commissioners,
and the San Bernardino Free Public Library Board.
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 of
not less than 1/2 day with prior department approval.
1.
Continuous service defined:
Whenever the term
llyear of employment" or "continuous service" appear in this
M.O.U., it shall be deemed to mean that employees compensated on
a monthly basis shall have completed 10 months or more of
compensated service within the 12 month period immediately
preceding the date of the employee's return to service; and that
employees compensated on a daily basis, working 5 days a week,
shall have completed 217 or more compensated days within the 12
month period immediately preceding the date of the employee's
JFW:sS
8-31-88
39
return to service. This section shall not apply to employees who
have not completed one year of actual compensated employment.
J. When an employee returns to work after a break in
"continuous service" as defined above, and when such break in
"continuous service" shall have been by leave of absence with
the approval of the Mayor and Common Council, vacation time shall
not accrue during such break in "continuous service" but shall
accrue monthly from the date of return to service from such
approved leave of absence, based upon the total length of service
of the employee.
Section 2
Holidays
A. All unit members shall be entitled to 13 holidays
each year. The following days will be holidays for the purpose
of this M.O.U.:
New Year's Day
Martin Luther King, Jr. 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
2 Floating Days, per year (see "B")
B. Each department head shall consider any request of
an employee as to preference for taking the two floating
holidays, per year, provided however, the final right to allot
the date to be observed is exclusively reserved to the department
JFW:ss
8-31-88
40
head.
Only unit employees who have satisfactorily served in the
employ of the City continuously for at least 6 months shall be
eligible to take floating hOlidays.
In the event of the employee's failure for any reason
to take such floating holidays during the term or this M.O.u.,
the employee shall not be entitled to compensation for floating
hOlidays.
The department head will not unreasonably withhold
permission to take time off.
with the exception of those employees shown in the following
All fUll-time employees within the bargaining unit,
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
off at full pay, as approved by the department head.
receive pay at the regular rate and shall be allowed another day
C. Dispatchers of Central Communications Division
working a shift schedule, and employees of the Police Department
except personnel assigned to work a normal 5 day work week, shall
be allowed in-lieu time off for above holidays at full pay when
such hOlidays Occur within the regularly assigned working period
or shall receive an extra day's pay for the day worked.
to be received shall be based on the availability of funds and
The decision as to whether in-lieu time off or pay is
JFW:sS
8-31-88
41
needs of the department, as determined by the department head
with the approval of the City Administrator. If in-lieu time off
is directed by the department head, it may be added to the
regular annual vacation period but must be taken within one year
of the date said in-lieu time was earned.
Employees of the Public Services (Refuse) Division,
except clerical employees, and certain designated employees of
the City Garage needed to support the Public Services (Refuse)
Division operations, shall enjoy all the holidays listed above as
they occur except for:
Veteran's Day, November 11, the Friday
after Thanksgiving Day; and the holidays observed the day before
Christmas and the day before New Year's Day.
Said employees
shall receive an additional days pay for each such hOliday on
which they are required to work.
If such hOlidays occur on a
normal day off for said employees, they shall receive no
additional pay.
D. HOlidays 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.
E. Holidays earned in any 12 month period may not be
accumulated beyond that total number of holidays allowed each
year by this M.O.U.
JFW:sS
8-31-88
42
Section 3
Sick Leave
A. 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
an employee. Immediate family means:
husband, wife,
daughter, uncle, aunt, mother-in-law, father-in-law, sister-in-
grandmother, grandfather, mother, father, sister, brother, son,
law, brother-in-law, son-in-law, daughter-in-law, step parents,
step children.
unit member for each absence for purposes of attending the
Not more than 5 days of sick leave may be granted to a
funeral of a member of the employee's 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.
Not more than 5 days of sick leave within any calendar
year may be granted to an employee for the care of or attendance
upon members of his/her immediate family.
Upon the department's
justify a sick leave of 5 consecutive days or longer.
request, an employee must provide a physician's statement to
department head finds, with just cause, that sick leave is being
If the
abused, the employee may be required to submit a doctor's
statement.
No absence due to illness or injury in excess of 5
JFW:ss
8-31-88
43
No absence due to illness or injury in excess of 5
working days shall be approved except after the presentation of
satisfactory evidence of illness or injury;
and a certificate
from a practicing physician or an authorized practicing
chiropractor approved by the Mayor and Common Council may be
required by the department head and shall be subject to his/her
approval concerning said absence. The Mayor and Common Council
shall have the power to require that any person claiming the sick
leave benefits of this M.O.U. be examined at any reasonable time
or intervals by the County Health Officer or other designated
physician, and in the event of an adverse report, to reject such
claim for sick leave, in whole or in part, and to terminate sick
leave compensation. In the event of the refusal of any person to
submit to such examination after notification, the Mayor or
Common Council may terminate sick leave compensation and reject
any claim therefor.
The Mayor or Common Council shall have the
right to require the presentation of a certificate from a
practicing physician or the County Health Officer stating that an
employee is physically or psychologically able to perform his/her
work and duties satisfactorily before permitting an employee who
has been on sick leave to return to work.
In order to receive compensation while absent on sick
leave, the employee shall notify his/her immediate supervisor
prior to or within 4 hours after the time set for beginning
his/her daily duties, or as may be specified by his/her
department head. When an absence is for more than one work day,
JFW:ss 44
8-31-88
a personal affidavit with the Director of Personnel stating the
cause of the absence.
Sick leave with pay shall be granted to all regular
employees and to all temporary full time employees whose
positions are funded under federal law who are regularly employed
in permanent or federally funded positions if such benefit is
required by said federal law. Sick leave shall not be considered
as a right which 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 any vacation not
utilized due to illness or injury during the next calendar year.
Whenever the term "service of City" appears herein, it
shall be deemed to include all service of the City, the San
Bernardino Board of Water Commissioners and the San Bernardino
Free Public Library Board.
B. All full-time unit members who are actively on
duty, have been in the service of the City for 6 months or more
continuously, and who are compelled to be absent from their work
on account of illness or injury, other than that which is
compensable under Article V - Section 5, shall receive their full
salary, wages or compensation for a period of 1 day for each
month of continuous service; provided that such salary, wages or
compensation shall cease upon the exhaustion of all accumulated
JFW:ss
8-31-88
45
compensation shall cease upon the exhaustion of all accumulated
sick leave; and further provided that sick leave shall not
accumulate while unit members are being compensated under Article
v - Section 5 of this M.O.V.
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 holidays" 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. The word "working day"
shall mean a normal 8 hour day to which an employee has been
assigned to work.
Six working days of sick leave are granted after the
first 6 calendar months of continuous service as herein provided
for all unit members and shall be computed at the rate of
approximately 3.7 hours per pay period.
In the event an employee works less than 50% of the
total normal work hours in the pay period, he/she shall receive
no sick leave benefit for such pay period and shall not be
credited with the 3.7 hours of sick leave.
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,
JFW:ss
8-31-88
46
department head approval, the employee may take loss of pay
rather than vacation.
Section 4
Payment for Unused Sick Leave
The City shall pay employees for unused sick leave upon
retirement or to the estate/beneficiary of any such employee who
dies during employment.
Payment for 50% of accumulated, unused
sick leave shall be made provided that in no event shall such
compensation exceed 60 working days of such leave.
(Example:
50% of 120 days = 60 days paid max.).
Section 5
Injury Leave
All regular employees shall be granted industrial
accident and illness absence with full pay for each such accident
or illness for the first 7 calendar days of their disability.
Effective with day 8 of the necessary absence for such illness,
each employee shall be authorized, upon his/her request, to
utilize any balance of his/her accumulated sick leave credits to
augment the amount of temporary disability compensation received,
JFW:ss
8-31-88
47
to the extent that the total sum received will result in a
payment equal to his/her regular and normal compensation. The
utilization of sick leave for this purpose shall end with
termination of the temporary disability or when the accumulated
sick leave credits have been exhausted, whichever occurs first.
When an employee sustains what he/she believes to be an
industrial injury or illness, the employee shall notify the
supervisor immediately, or as soon as possible.
The employee
shall prepare and submit a report of injury or illness, and the
supervisor shall prepare the supervisor's report, and make
distribution. In the event the employee is unable to prepare the
report within 24 hours, the supervisor or a member of the
division/department staff shall prepare the required report.
Benefits will not be paid to the injured employee, and medical
bills will not be paid, until the required reports have been
filed with risk management, and a doctor's first report of
injury or illness has been received. The employee has the right
to be examined and treated by a physician of their choice, within
the required time, for the alleged injury or illness, as required
by the California Labor Code.
The City shall have the right to require the employee
be examined by a physician designated by the City, to assist in
determining the length of time during which the employee will be
unable to perform the assigned duties, and if the disability is
attributable to the injury involved.
Should there be a dispute between the physician
JFW:ss
8-31-88
48
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 6
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
Mayor and Common Council for a period not to exceed 6 months,
upon the positive recommendation of the department head and the
City Administrator. Under justifiable conditions, said leave may
be extended by the Mayor and Common Council for additional
periods.
Leave of absence without pay will be considered
favorably if it is expected that the employee will return to duty
and that at least one 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 are:
JFW:ss
8-31-88
49
(1) For an employee who is a disabled veteran
requiring medical treatment;
(2) For an employee who is temporarily mentally or
physically unable to perform his/her duties;
(3) For an employee who files for or assumes elected
office;
(4) For maternity or paternity leave, upon the
recommendation of the attending physician;
(5) For military leave when the employee has less than
1 year of service to qualify for leave of pay;
(6) For Union activities, upon designation by the
President of Council 36.
An approved leave of absence without pay for less than
60 days in any calendar year will not be considered a break in
service.
Leave in excess of 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 premiums will not be extended beyond the last
day of the month in which a leave of absence without pay begins
if the leave of absence without pay becomes effective during the
JFW:ss
8-31-88
50
first 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 15th day of the month, unless the employee
returns to work from a leave of absence without pay status prior
to the date the City's contribution would be discontinued. In
the event the employee desires to maintain full health and life
insurance coverage while on leave of absence without pay status,
she/he may arrange to pay the insurance premiums for the coverage
desired (both the employee and the 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 terminates between the 1st and the 15th day of the
month, or on the first day of the next succeeding month if the
leave of absence without pay terminates after the 15th day of the
month.
Notwithstanding any other provision of this section to
the contrary, the City will continue its contribution for health
and life insurance premiums of an employee on leave of absence
JFW:ss
8-31-88
51
due to any injury or illness arising out of and in the course of
his/her employment with the City.
Section 7
Witness Leave
Employees shall only be entitled to a leave of absence when
subpoenaed to testify as a witness in civil litigation involving
the City, such subpoena being properly issued by a court, agency,
or commission legally empowered to subpoena witnesses.
This
benefit shall not apply in any case in which the subpoenaed
employee is a party to the action.
Witness leave shall not be
charged against any accumulated leave balances and shall be
compensated at the employee's base hourly rate. Employees shall
only be entitled to paid witness leave if they provide a copy of
the subpoena to the City within 24 hours of receipt.
Section 8
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 charged to any accumulated leave; provided, however, if
the employee is unable to work after such donation, time may be
charged to accumulated sick leave or be taken as leave without
pay. Evidence of each donation must be presented to the
JFW:ss 52
8-31-88
appointing authority to receive this benefit.
ARTICLE VI
WORKING CONDITIONS
Section 1
Work Periods
The work week shall normally consist of 40 hours of
work within a period of 7 consecutive days or 80 hours of work
within 14 days, except as otherwise provided by law. All
bargaining unit employees shall be scheduled to work beginning at
regular starting times and ending at regular quitting times.
A work day shall consist of 8 consecutive hours of work
in a 24 hour period unless otherwise specified in this agreement.
Work schedules shall be posted on all department bulletin boards
showing the employees' shift, workdays, and, where known, hours.
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
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 5 working days from receipt of notice.
Upon
notification by the Union, both parties shall meet promptly in an
earnest effort to reach a mutually satisfactory resolution of any
JFW:sS
8-31-88
53
....--
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 2 week notice
requirement.
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 the 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 6
month probationary period, except for new employees hired into
the following departments:
police, personnel, fire engineering,
finance and all divisions of the City Administrator's office, all
of which employees shall serve a 1 year probationary period.
JFW:ss
8-31-88
54
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 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 requirements of knowledge, skill and experience provided
JFW:ss
8-31-88
55
that the employee subject to layoff has longer service in his/her
class than the employee he would displace has 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 2 years to be re-employed, 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/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 re-employment preferred register
shall regain tenure-seniority for prior service.
Notice of
reduction in force shall be presented to the Union and the
affected employee.
Such notice shall be in writing by the
personnel department.
An employee shall be given at least 30
days notice prior to layoff.
JFW:ss
8-31-88
56
ARTICLE VII
GENERAL PROVISIONS
Section 1
Waiver Clause
process which resulted in this M.O.U., each had the unlimited
The parties acknowledge that during the meet and confer
right and opportunity to make demands and proposals with respect
to any subject or matter not removed by law, City Charter,
ordinance, resolution, personnel and departmental rules and
regulations, from the scope of negotiable issues and that the
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 M.O.U. each voluntarilY
and unqualifiedly waives the right 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 M.O.U., or with respect to any subject or matter not
specifically referred to or covered in this M.O.U 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 M.O.U.
Section 2
to all current and future applicable federal and state laws and
severability
It is understood and agreed that this M.O.U is subject
57
JFW:sS
8-31-88
regulations and the current provisions of the charter,
ordinances, resolutions and other rules and regulations of the
City.
If any part or provision of this M.O.U is in conflict or
inconsistent with such applicable provisions of those federal,
state or City enactments, or its is otherwise held to be invalid
or unenforceable by any court of competent jurisdiction, such
part or provision shall be suspended and Superseded by such
applicable law or regulations, and the remainder of this M.O.U.
shall not be affected thereby.
The parties hereto agree to
refrain from initiating any action that would invalidate any part
of the M.O.U.
Section 3
Printing of Memorandum of Understanding
The City shall pay the cost of printing the M.O.U. The
City shall distribute the M.O.U. to the bargaining unit and new
employees.
Section 4
Term of Memorandum of Understanding
JUly 1, 1988, and ending on June 30, 1989.
This M.O.U. will be in effect for the period commencing
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 M.O.U for the
JFW:ss
8-31-88
58
period following expiration of this M.O.U., notice shall be given
to the other not later than the last working day of February,
1989, that such discussions are desired.
Such notice shall
request a meeting to begin negotiations and establish ground
rules which shall include, at a minimum, the date beyond which no
further proposals may be submitted by either party.
AFSCME, Council 36,
Local 122, AFL-CIO
Mayor,
City of San Bernardino
ATTEST:
City Clerk
JFW:ss
8-31-88
59
EXHIBIT 1
10 S.'\LARY RA~GE A~lD STEPS CLASS!?ICATION TITLE
11 (1049) 1072 1125 1133 1244 1306 Messenger
12 (1057) 1183 1244 1306 1374 1442 Police Clerical Trainee
Typist Clerk I
13 (1065) 1374 1442 1516 1591 Account Clerk I
1306
14 Cashier I
Library Service Technician
15 Printing Services Assistant
Telephone Operator
16 Typist Clerk II
17 (067) 1340 1407 1480 1552 1632 Custodian
11 (069) 1374 1442 1516 1591 1672 Cashier II
Library Clerk
19 (071) 1552 1632 1708 Lead Custodian
1407 1480
20 (1073) 1516 1591 1672 1759 Account C1erk.II
1442
21 Affirmative Action Clerk
Parking Citation Coordinator
22 Personnel Clerk I
Police Records Clerk I
23 Purchasing Clerk
Senior Animal License Checker '
24 Typist Clerk III
25 (074) 1461 1535 1612 1692 1780 Animal Shelter Attendant
Park Maintenance Worker I
26 Recreation Program Coordinator
,
27 I
21
- 60-
1
,
'" I
i
I
- 'I
,
'i
4 ,
:1
5
I
I
6 I
i
7
S
9
10
11
12
13
I"
1.5
16
17
11
19
20
21
22
23
24
25
26
27
28
(1075) 14S0 1552 1632 1708 1S03
(1077) 1516 1591 1672 1759 1S47
(107S) 1535 1612 1692 1780 1870
(1079) 1552 1632 li08 18C3 IS94
(10S0) 1574 1652 1737 1824 1916
(1081) 1591 1672 1759 1847 1943
(1082) 1612 1692 1780 1870 1965
(1083) 1632 1708 1803 1894 1989
(1085) 1672 1759 1847 1943 2038
- 6C) iL.
Sto~~k~eper
A~i~31 Shelter Office Specia-
list
Co~?oser/Bindery Clerk
Co~?13int Oesk Coordinator
Pe~sonne1 Clerk II
S:~.'ographer
Building Maintenance Worker
M3i~t~nance Worker I
Refuse Operator I
Ti:e Repair Worker
Data System Operator
Lead Storekeeper
police Fleet Maintenance Ex-
peditor
Police Property and Supply
Assistant
Methods and Standards Expedi-
tor I
Offset Press Operator
Police Records Clerk II
Secretary
Park Maintenance Worker II
Collector
Dispatcher I
Emergency Service Representa-
tive
Employment Intake Specialist
Identification Technician I
parking Control Checker
police Ass istant
Account Clerk III
Animal Control Officer
Animal Health Technician
Deputy City Treasurer (0)
Electrician I
Maintenance Painter
Maintenance plumber I
Survey Party Technician I
Traffic Sign Painter
1
~
-
~
~
4
s
6
7
8
9
10
11
U
13
14
15
16
17
II
19
20
21
22
~
24
~
26
n
21
I
,
~
I
I
I (1086) 1692 1780 1870 1965 2064
I
I (lC37) 1;03 130: 1514 :939 2)89
1
!I
I
I
I
,
I
I
I
t (lCe9) 1753 :34~ 19~3 2038 2142
~
(1090) 1780 1870 1?55 2064 2168
(1091) 1803 1894 1939 2089 2195
(1092) 1824 1916 2014 2117 2222
(1093) 1847 1943 2038 2142 2251
(1094) 1870 1965 2064 2168 2278
(1095) 1894 1989 2089 2195 2306
(1096) 1916 2014 2117 2222 2335
(1097) 1943 2038 2142 2251 2364
- 6cb
~ain:enance Worker II
?ar< Maintenance Worker III
Refwse Operator II
3ui:jin9 Maintenance Mechanic
CO~~Jni:y Services Representa-
:i~~
Ris~ ~anagement Specialist
Wor~e:s'Compensation Specia-
1~3:
Di5~a:cher II
Sen~o: Affairs Coordinator
Senior Secretary
Staff Analyst I
Motor Sweeper Operator
Equipment Mechanic I
Police Property and Supply
Technician ;
Abatement Coordinator
Business License Inspector (0)
Methods and Standards Expedi- I
tor II
Draftsperson
Junior Librarian
Library Computer Laboratory
Coordinator
Survey Party Technician II
Maintenance Worker III
Park Maintenance Leadworker
Refuse Operator III
Tree Trimmer
Identification Technician II
Maintenance Carpenter
Heavy Bquipment Operator
Auto Body Repairperson
Maintenance Plumber II
Staff Analyst II
Welder
7
8
9
10
11
12
13
14
15
16
17
II
19
20
21
22
23
24
25
26
'J:1
21
,
, 1
2
(1099) 1989 20S9 2195 2306 2423
I,
'i
!
I
I 2117
,I (11DO) 2CU 2222 ""'1-1- 2~5~
':',)..J
I
" (: ~ J: ) ;f'I;l;::) 214 : 2" - , :364 2~S4
'I -......- .).
(:B3) :::; ...., '=I::: ... ... 1"\ - 1423 2546
" L...._.,/ L~u':l
"
1/
11 (1U5) ::42 .., .., :: , 2J6~ ~-i8~ 2609
.......-'...
I,
'I
II
3
.
s
6
(1107) 2195 2306 2423 2546 2674
<1l0S) 2222 2335 2454 2578 2710
(1109) 2251 2364 2484 2609 2742
(1113) 2364 2484 2609 2742 2882
(1115) 2423 2546 2674 2Sl1 2952
(1116) 2454 2578 2710 2847 2990
(1118) 2515 2643 2778 2917 3064
- 60 Q.
El~ctrician II
Librarian
TraffIc Signal Electrician I
Leaj ~aintenanc~ Worker
Sur~ey Party Technician III
Equi?~~~t Mechanic II
ACcountant
Electrical & HVAC Mechanic
Electronics Technician
Em?lo~ent Services Liaison
P~rsonnel Technician
Public Services Project Co-
ordinator
Real Property Specialist
Lead Equipment Mechanic
Library Outreach Officer
Senior Librarian
Civil Engineering Assistant I
Code Compliance Officer
Construction Inspector
Pire Prevention Inspector
General Building Inspector
Landscape Inspector
Rehabilitation Specialist
Traffic Signal Electrician II
Planner I
Crime Analyst
Liability Claims Specialist
Loan Officer
Safety Officer
Park Projects Coordinator
Senior Code Compliance Officer
Senior Building Inspector
Senior Real Property Specia-
list
Senior Rehabilitation Specia-
list
Plan Checker
. .,
1
..,
~
'I
3 'I 3l3~
,! <112ll 2609 2742 2as2 3025
~ 'I
S I
:' (1122) 26':3 2778 2917 3,: 6': 3219
6
II (1123 ) 2 -- . 231l :95 : 3"! ,.... ~ 3260
o,~ _v_
7
I (1128) 2847 2990 314C 3299 3467
8 II
I
,
i
I
- 6$ a.
Comm~nity Development Specia-
list
Planner II
Civil Engineering Assistant I
Housing Development Speciali:
Civil Engineering
III"
Assista~.,