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HomeMy WebLinkAbout20-Personnel CI~ OF SAN BSRNARDI~ - RSQUE~ FOR COUNCIL~ACTIt~N From: Gordon R. Jo~f[s~n'AFSM'(N, dff. Subject: Resolution implementing Memorandum of Understanding between the City of San Dept: Personnel ~9 ~y 22 /," i~ 42 Bernardino and employees in the general employees bargaining unit represented Date: June 22, 1989 by AFSCME Synopsis of Previous Council action: None Recommended motion: Adopt resolution ature Contact person: Gordon R Johnaon Phone: 384-5161 Supporting date attached: Yes Warcl: n/a FUNDING REQUIREMENTS: Amount: Source: (Acct. No.l IAcct. Descriotionl Finance: Council Notes: ~s•ozsz Agenda Item No.~SL_.~ Ci~ OF SAN BERNARDIlA - REQUE~w FOR COUNCIL ACT1~ STAFF REPORT The City's negotiators have reached agreement with AFSCME on a new MOU. The MOU will be in effect from July 1, 1989, through June 30, 1992. The financial highlights of the MOU include: Salaries - 0 3$ increase effective July 3, 1989 0 5$ increase effective first full pay period in July 1990 0 58 increase effective first full pay period in July 1991 o Added 0.1$ - 2.0& increase in July, 1990, and July 1991 if annual CPI increase exceeds 8$ each year. Health Insurance - o $40 additional monthly City contribution effective August 1, 1989 o up to 1~ of 1990 and 1991 salary increases may be exchanged for added health insurance contri- butions PERS - 0 1$ additional City contributions effective July 3, 1989 Personal Tool Replacement Allowance - o $25/year increase each July 1 of agreement (i.e: 1989, 1990 and 1991) Life Insurance - o $5000 additional term life in- surance effective August 1, 1989 Several other changes were incorporated in the MOU, however, their fiscal impact was negligible. GRJ:jr 6/21/89 75.0264 r ® ~ RBSolution No. 1 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A 2 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL EMPLOYEES BARGAINING UNIT OF THE 3 CITY OF SAN BERNARDINO REPRESENTED BY AFSCME. 4 WHEREAS the designated representatives of the Mayor and s Common Council met and conferred in good faith with b representatives of AFSCME, Local 122 representing the unit of 7 general permanent employees of the City of San Bernardino in 8 accordance with the provisions of Government Code Sections 9 ~ 3500-3510, to agree upon a new Memorandum of Understanding 10 I (MOU); 11 WHEREAS such meetings resulted in agreement on an MOU 12 (Exhibit A) effective July 1, 1989, through June 30, 1992; 13 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 14 CITY OF SAN BERNARDINO AS FOLLOWS: 15 ~ SECTION 1. Exhibit A to this resolution is hereby 16 adopted establishing wages, hours and working conditions for 17 employees in the General Employees bargaining unit of the City 18 of San Bernardino. 19 I HEREBY CERTIFY that the foregoing resolution was duly 2U adopted by the Mayor and Common Council of the City of San 21 Bernardino at a meeting thereof, held on 24 the day of , 1989, by the following vote 23 to wit: 24 25 26 27 28 ® • RE: RESOLUTION OF~lIiE CITY OF S~ERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPIAYEES ZN THE GENERAL EMPLOYEES BARGAINING UNIT OF THE 1 CITY OF SAN BERNARDINO REPRESENTED BY AFSCME. 2 AYES: Council Members 3 4 NAYS: 5 ABSENT: 6 City Clerk 7 The foregoing resolution is hereby approved this 8 day of , 1989. 9 10 W.R. "Bob" Holcomb 11 Mayor of the City of San Bernardino 12 Approved as to form and legal content: 13 14 15 ~ ity Attorney 16 17 18 I9 20 21 22 23 24 25 26 27 28 GENERAL. UNIT MEMORANDUM OF UNDERSTANDING TABLE OF CONTENTS ARTICLE I ADMINISTRATION Paae Section 1 Management Rights 1 Section 2 Contract Services 3 Section 3 Agency Personnel Rules 3 Section 4 Safety Committee 4 Section 5 Labor-Management Committee 6 ARTICLE II EMPLOYER-EMPLOYEE RELATIONS 7 Section 1 Recognition/Union Security 7 Section 2 No Strike ~ Section 3 Payroll Deduction for Union Dues 9 Section 4 Grievance Procedure 11 Section 5 Union Representation 15 Section 6 Employee Lists 16 Section '7 Skelly Rights 17 Section 8 Non-Discrimination 18 Section 9 Personnel Files 18 section to Bulletin Boards 20 Section 11 Budget Documents 21 Section 12 Employee Orientation 21 ARTICLE IIZ COMPENSATION 22 Section 1 Salaries 23 Section 2 PERS 23 section 3 Overtime 23 Section 4 Higher Acting Classification Pay 24 Section 5 Call-Back/Stand-By Assignment & Pay 26 Section 6 Shift Differential 29 Section 7 Personal Tool Replacement Allowance 30 Section 8 Fines 32 Section 9 Bilingual Pay 33 ARTICLE IV FRINGE BENEFITS 34 Section 1 Health/Life Insurance 36 Section 2 Uniforms and Rain Gear 36 Section 3 Education Tuition Assistance 36 Section 4 Parking Facilities 43 ARTICLE V LEAVES 44 Section 1 Vacations 44 Section 2 Holidays 48 Section 3 Sick~Leave 51 89052389 jr AGENDAS.TOCB GRJ ~ © ~ Q Table of Contents --General Unit ~ Section 4 Payment for Unused Sick Leave 56 Section 5 injury Leave 57 Section 6 Leave of Absence Without Pay 58 Section 7 Witness Leave 61 Section 8 Blood Donations 62 ARTICLE VI WORKING CONDITIONS Section 1 Work, Periods 63 Section 2 Physical Examinations 64 Section 3 Probationary Period 65 Section 4 Seniority 65 ARTICLE VII GENERAL PROVISIONS Section 1 Waiver Clause 68 Section 2 Severability 69 Section 3 Printing of Memorandum of Understanding 69 Section 4 Term of Memorandum of Understanding 70 Section 5 Notice of Intent to Reopen 70 Exhibit 1 72 89052389 jr AGENDAS.TOCB GRJ ' ~' © O 4 ARTICLE I ADMINISTRATION Section 1 Manaaement Riahts This Memorandum of Understanding (M.O.U.) shall not be deemed to limit or curtail the City in any way in the exer- cise of the rights powers, 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 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 reasona;imaintain the efficiency of governmental operations; determine the methods, means, and numbers ahd kinds of personnel by which government operations are to be conducted; determine the content and intent of job classifications; determine methods of financing; determine AFSCMEMOU-1989-92 GRJ:jr 052389 - 1 - . ~ O 0 GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 i 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. AFSCMEMOU-1989-92 GRJ:jr 052389 - 2 - ®' D Cj O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 concluding the research and analysis necessary for the implementation of such a decision, the city will meet j 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 Aaencv 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 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, AFSCMEMOU-1989-92 GRJ:jr 052389 - 3 - . C~ © © O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 Coun- cil, in which cases the Union will be consulted with as soon as possible after the changes. Any departmental work rules initiated, established, and r promulgated by the City shall be posted on bulletin boards 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. Section 4 Safety Committee r There is established an Employee Safety and Accident AFSCMEMOU-1989-92 GRJ:jr 052389 - 4 - . O © O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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. 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 Com- mittee will make recommendations for corrective measures to establish safer working conditions and may recommend dis- ciplinary 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 5 - © Q GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 repre- sentatives to serve on the Committee from different depart- ments. The City shall also designate 3 representatives to serve on the Committee. The committee will select a chair- person who will be responsible for receiving items, es- tablishing 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. AFSCMEMOU-1989-92 GRJ:jr 052389 - 6 - . 0 ~ ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 ARTICLE II EMPLOYER-EMPLOYEE RELATIONS Section 1 Recognition/Union Security Exclusive recognition of the Union is acknowledged for the purpose of meeting and conferring on wages, hours and working conditions, and of general representation of employees within the unit of representation. The classi- fication titles of those general permanent employees in the unit for which the Union has been recognized exclusively as the majority representative are listed under Section 10 of City Resolution No. 6413 as amended, excluding therefrom position and classification titles designated as manage- ment/confidential, middle-management, or subsequently so designated as determined solely by the Cit ositions Y P 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 7 - C~ ~ © ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 requested 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 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 provided continuous and un-interrupted 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. AFSCMEMOU-1989-92 GRJ:jr 052389 - 8 - © . © Q ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 Section 3 Pavroll 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 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 consti- tuting 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 i. 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 9 - r ~ . ~ © O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 ~ 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, and the salary is not sufficient to cover the full withholding, no dues withholding will be made to cover the period from future earnings, nor will the member deposit the amount with the City which would have been withheld if the member had been in a pay status during that period. All other legal and r 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 authoriza- tion for dues deduction, which shall become effective in the first payroll period in June. AFSCMEMOU-1989-92 GRJ:jr 052389 - 10 - r ~1 ~ O O ~t GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 organiza- tion dues. In addition, the Union shall refund to the City any amounts paid to it in error, upon presentation of sup- porting evidence. Section 4 Grievance Procedure Definition of employee grievance: A grievance is an alleged violation of the terms of the 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 un- satisfactory, the grievance can be formally presented in succession to a higher supervisor, then the division and/or department head, the Director of Personnel, and, finally, to the City Administrator who will be the ultimate authority. AFSCMEMOU-1989-92 GRJ:jr 052389 - 11 - . Q= 0 © 0 ~M GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 repre- sentative and a supervisor in the employee's chain of com- wand, 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 grievantes knowledge of the incident's 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 10 working days of receipt of the written grievance and shall deliver his/her answer, in writing, to the employee 10 working days after the meeting. (2) If the grievance is still not adjusted, the aggrieved party may file a written appeal with tha Director of Personnel within 10 working days from the date of delivery of said answer. The designated City representative shall AFSCMEMOU-1989-92 GRJ:jr 052389 - 12 - . c~ o GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 meet with the employee, and, if the employee desires, the designated Union representative, within 10 working days after receipt of the appeal and shall deliver his/her answer, in writing, to the employee within the 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 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 10 working days after the receipt of the appeal and shall deliver his/her answer, in writing, to the employee within the 10 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 hie/her bargaining unit prior to invoking advisory arbitra- tion 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 13 - v GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 arbi- trator, 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 provisions of this M.O.U. or the resolutions governing the employer-employee relations program but 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. Like- wise, 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. AFSCMEMOU-1989-92 GRJ:jr 052389 - 14 - . C~ ~ O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 Section 5 t~*+i on 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 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 re- cognized within the City. A steward may be allowed leave of AFSCMEMOU-1989-92 GRJ:jr 052389 - 15 - . ® 4 GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 absence without pay by the Mayor and Common Council to attend Union training courses and Union conventions if the depart- ment head concurs. A ratio of one steward for every 50 permanent employees in the unit shall be recognized by the City. Any substantia- ted 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 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 City, other than for a steward who has left the bargaining unit or City employment. Section 6 EmDlovee Lists The City agrees to provide the Uniion a list of names of the employees in the bargaining unit on a quarterly basis commencing with the adoption of this M.O.U. AFSCMEMOU-1989-92 GRJ:jr 052389 - 16 - - ® 0 GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 Section 7 Skelly Riahts It is mutually agreed that the City subscribes to the concept and application of progressive discipline. Dis- cipline 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). 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. AFSCMEMOU-1989-92 GRJijr 052389 - 17 - . D~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 t 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 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 18 - GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 responsi- bility 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. Such files shall not contain a copy of any 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 19 - . ~ . Q © 'J GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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. 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 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. AFSCMEMOU-1989-92 GRJ:jr 052389 - 20 - . Q. © O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 Section 11 Budget Documents The City agrees to provide A.F.S.C.M.E., at no cost, one copy of the annual` financial report, preliminary budget, final budget, and resolutions or ordinances as requested by A.F.S.C.M.E. Section 12 Employee Orientation The City will list the address and telephone number of .the Union in the employee handbook. The City will distribute any literature provided by the Union as part of the employee orientation program conducted by the City for new employees. AFSCMEMOU-1989-92 GRJ:jr 052389 - 21 - • © 0 GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 ARTICLE III COMPENSATION Section 1 Salaries A 3.0$ salary increase for all employees subject to this M.O.U.. shall become effective the first full pay period in July, 1989. The salary schedule for classifications subject to this M.O.U. reflecting the new July, 1989, rates is attached as Exhibit 1. A 5.03 salary increase, less any amount up to 13 of the scheduled salary increase for 1990-91 and 1991-92 as provided in Article IV, Section 1C of this MOU, shall become effective the first full pay period in July, 1990, and July, 1991. in the event that the Consumer Price Index ("CPI", 1982- x Urban Wa a Earners and Clerical Workers Los 1984 Inde , g Angeles - Anaheim - Riverside Metropolitan Area) exceeds eight percent for the twelve month period ending May 31, 1990, the salary adjustment scheduled for July, 1990 shall be increased by the amount equivalent to the CPI, in excess of eight percent (83) but less than ten percent (103). The maximum additional increase pursuant to his paragraph shall be two percent (23), rounded to the nearest 1/l0 percent (.13). As an example of the operation of this paragraph, the following examples are presented: AFSCMEMOU-1989-92 GRJ:jr 052389 - 22 - R ® • © © l GENERAL UNIT - MEMORANDUM OF UNDERSTANDING ~~11// 1989-1992 C•P.I Additional Increase Equal to or less than 8$ 0$ 8.5$ .5$ 9$ 1.0$ 9.5$ 1.5$ 10$ 2$ Greater than 10$ 2$ The same CPI formula as applied to the July, 1990 salary increase shall be applied to the July, 1991, salary increase, the only exception being the substitution of the twelve month period ending May 31, 1991. Section 2 PE$~ Effective July 3, 1989, the City will pay 7$ of the employee's contribution to the Public Employees' Retirement System (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 AFSCMEMOU~1989-92 GRJ:jr 052389 - 23 - • ~ ~ ® j GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 of the Fair Labor Standards Act (FLSA). Overtime work shall not be authorized unless the employee has obtained the prior approval of his/her depart- ment 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 Actina Classification Pav 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 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 consec- AFSCMEMOU-1989-92 GRJ:jr 052389 - 24 - _ - ~ ~ . Q 0 'v! GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 utive day of each acting duty assignment. No acting duty pay will be paid for the first 5 days of each acting duty assign- ment 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 assign- ment at 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 58 above his/her current base rate of pay. Refuse Operator i employees normally assigned to a two person crew who are assigned to work on a one person unit shall be entitled to acting pay as provided by this section. Refuse employees assigned work in a vacation relief capacity on a two person crew shall not be entitled to higher acting classification pay or credit towards the initial work demon- stration period. The City will not circumvent the intent of this article by using various employees to thwart the intention of this article. AFSCMEMOU-1989-92 GRJ:jr 052389 - 25 - I r V ~ ® GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 Section 5 ~aii-Rack/Stand-Bv Assignment & Pav An employee who is free to engage in his/her own pur- suits 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 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 26 - . 4 O 0 GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 For all 7 days during a work week 10 work hours AND For any holiday, as described in this MOU, during which 1 extra work hour the employee stands by for all per holiday - or any portion of the 24 hour added to the above day The hours described above will be treated as time worked and paid at the rate of time-and-one-half. This amount will be aid in addition to com ensation for actual time worked P P 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 Pav: 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 27 - . © ~ p GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 unless the employee has worked less than 40 hours in the work week due to use of paid or unpaid sick time. In such cases, the employee will be paid straight 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. An employee called back to work shall be paid for a minimum of one and one-half hours of work. 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 pre- pare 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 28 - 0 0 GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 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 appli- cable, at the FLSA overtime rate. Such compensation is in addition to compensation for any time actually worked pur- suant 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. Article 6 Shift Differential Effective the first full pay period in July, 1988, all employees within the bargaining unit assigned to the commun- ications 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. AFSCMEMOU-1989-92 GRJ:jr 052389 - 29 - ` ©' p O O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 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 Z $0.3555 per hour Police Clerical Trainee $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 $225.00 per year, per employee. Effective July 1, 1990, this amount shall be increased to an amount not to AFSCMEMOU-1989-92 GRJ:jr 052389 - 30 - y © , ® © O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 exceed $250.00 per year. Effective July 1, 1991, this amount shall be increased to an amount not to exceed $275.00 per year. Only those employees in the following position classifications shall be entitled to such allowance: (1) Central Garage Division Mechanics & Servicemen (2) Engineering Traffic Signal Electricians (3j Park, Recreation Plumbers & Community Construction & Services Maintenance Personnel (4) Public Buildings Maintenance Division Personnel Electricians Z & II (5) Fire Department- Mechanics Garage Division Claims against the above tool replacement allowance shall be honored provided when Ij the personal tools had been AFSCMEMOU-1989-92 GRJ:jr 052389 - 31 - . © © 4 GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 required by the City; 2) the tool had been marked and inven- toried 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 Garaqe 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 $100 to assist in making such purchase. Section 8 ' es The City shall pay for court fines imposed upon any permanent general employee within the unit of representation. AFSCMEMOU-1989-92 GRJ:jr 052389 - 32 - . GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 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. No additional employees shall be eligible for bilingual pay. This provision shall become null and void when those persons currently receiving bilingual pay leave the employ of the City. AFSCMEMOU-1989-92 GRJ:jr 052389 - 33 - 0 © ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 ARTICLE IV FRINGE BENEFITS Section 1 Health/Life Insurance A. Effective the first full pay period in January, 1989, employees without eligible dependents will be provided $107.50 per month as cafeteria monies to spend on any insurance benefit plan offered by the City. Employees with eligible dependents will be provided $182.50 per month as cafeteria monies to spend on any insurance benefit plan offered by the City. Benefit plans offered by the City are described in section D. Employees may use any of the amounts described in this section to purchase any or all of the insurance benefits described in section D. B. Effective August 1, 1989, the above amounts shall increase to $147.50 per month for employees without eligible dependents and $222.50 per month for employees with eligible dependents. C. A.F.S.C.M.E. may at its discretion, elect to apply the equivalent of one percent (1t) of the scheduled AFSCMEMOU-1989-92 GRJ:jr 052389 - 34 - . © ~ ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 salary increases for fiscal year 1990-91 and fiscal year 1991-1992 toward the employees' costs of medical premiums effective August 1 of 1990 and 1991. The decision shall be made by May 1 of each year. In the event that A.F.S.C.M.E. applies salary dollars towards medical premiums, the salary increases as set forth in Article III, Section 11 shall be reduced a corresponding amount. D. Insurance benefit plans available for purchase by employees include; medical, dental, vision, life and accidental death and dismemberment insurance. E. An employee must purchase medical insurance offered throu h the Cit in order to utilize the contribu- g Y tions described in sections A, B & C. F. In addition to the contributions described in sections A, B and C, the City shall contribute a maximum of $16.00 per month per employee to be used exclusively for the purchase of medical insurance benefits. AFSCMEMOU-1989-92 GRJ:jr 052389 - 35 - D a GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 G. City contributions not utilized by an employee revert to the City. H. Cafeteria monies may be redesignated or a change of plans may be made in accordance with the rules astablished,by the insurance plan selected by the employee. Plan additions and drops are permitted in accordance with the rules established by the plan selected by the employee. I. 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". J. The City shall provide each employee with $10,000 life and accidental death and dismemberment plan insurance coverage at no cost to the employee. This increased coverage shall take effect on the first of the month following Common Council approval of this M.O.U. Section 2 Uniforms and Rain Gear A. The City shall provide uniforms for the following AFSCMEMOU-1989-92 GRJ:jr 052389 - 36 - GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 position classifications: (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 Employees assigned to Tree and Concrete Crews (3) Engineering Division: Traffic Si nal Electric' - i~ g ian (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: Lead Person Maintenance Plumbing Technician Maintenance Plumber Maintenance Workers I, II, III Park Maintenance Leadworker (8) Refuse: All Permanent Field Personnel (9) Animal Control: Animal Control Officer Animal Health Technician Animal Shelter Attendant AFSCMEMOU-1989-92 GRJ:jr 052389 - 37 - © ' © © GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 engi- neering 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 l0 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 increased responsibilities, and to provide AFSCMEMOU-1989-92 GRJ:jr 052389 - 38 - ,. ® . GENERAL UNIT - MEMORA17DUM OF UNDERSTANDING 1989-1992 financial assistance to eligible employees for education and training. S. Procedures The employee must gain course approval from the depart- went 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 start 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 from to the Director of 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 trip- licate will be returned to the department. It is necessary that the applicant accomplish the procedures so far described AFSCMEMOU-1989-92 GRJ:jr 052389 - 39 - Q t Q, p GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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. 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 li returned to the employee upon request. Applications not submitted to the personnel department within 3 months follow- ing completion of the course become void. C. Eliaibility 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 job or directly related to a promotional position in the employee's occu- AFSCMEMOU-1989-92 GRJ:jr 052389 - 40 - . D ~ C3 O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 pational 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 is required for the degree. The history course may qualify for 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 508 re- imbursement. 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. AFSCMEMOU-1989-92 GRJ:jr 052389 - 41 - ® t ~I/ O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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, than a certificate of suc- cessful completion must be submitted. 6. Approval will be limited to courses given by ac- credited 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 institu- tion, 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. AFSCMEMOU-1989-92 GRJ:jr 052389 - 42 - . O' ® O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 Section 4 Parkinv Facilities The City agrees to meet and confer with the Union in the event there are any future costs imposed upon employees for parking. AFSCMEMOU-1989-92 GRJ:jr 052389 - 43 - . ® O 0 GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 ARTICLE V LEAVES Section 1 Vacations A. All employees within the bargaining unit covered by this M.O.U. shall be entitled to annual paid vacations as follows: Completed years of Rate of Accrual Equivalent Continuous Service* oer month** Davs per year 1 year*** 0.8330 working 10 working days days 5 years 1.2500 working 15 working days days 15 years 1.6670 working 20 working days days 20 years 2.0833 working days 25 working days *Service year begins on initial date of employment. **Working days par 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 compen- sation 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. AFSCMEMOU-1989-92 GRJ:jr 052389 - 44 - . GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 8. The amount of accrual shall not exceed the speci- fied 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 45 - O 4 0 GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 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. i 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, 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 46 - Yi • ® • © © O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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. I. Continuous service defined: Whenever the term "year 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 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 or 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 47 - . ® 4 GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 48 - A © O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 allot the date to be observed is exclusively reserved to the department head. Only unit employees who have satisfactorily served in the employ of the City continuously for at least 6 months shall be eligible to take floating holidays. In the event of the employee's failure for any Yeason to take such floating holidays during the term of this M.O.U., the employee shall not be entitled to compensation for floating holidays. The department head will not un- reasonably withhold permission to take time off. 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 succeed- ing the holiday. Zf 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. C. Dispatchers of Central Communications Division AFSCMEMOU-1989-92 GRJ:jr 052389 - 49 - . D O ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 working a shift schedule, and employees of the Police Depart- ment except personnel assigned to work a normal 5 day work week, shall be allowed in lieu time off for the above holidays at full pay when such holidays occur within the regularly assigned working period or shall receive an extra day's pay for the day worked. The decision as to whether in-lieu time off or pay is to be received shall be based on the availability of funds and 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 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, Novem- ber 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. Zf such holidays occur on a normal day off for said AFSCMEMOU-1989-92 GRJ:jr 052389 - 50 - ® . Q ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 the M.O.U. 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, grandmother, grandfather, mother, father, sister, brother, son, daughter, uncle, aunt, mother-in law, father- in-law, step parents, step children. AFSCMEMOU-1989-92 GR.7:jr 052389 - 51 - . ~ . ~ p GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 Not more than 5 days of sick leave may be granted to a unit member for each absence for purposes of attending the funeral of a member of the employee's immediate family. The City may require an employee to submit evidence of eligi- bility 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 request, an employee must provide a physi- cian's statement to justify a sick leave of 5 consecutive days 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 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 52 - . ~, . C~ 0 ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 iI permitting an employee who has been on sick leave to return to work. In order to receive compensation while absent on sick t 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, the employee may be required to file a physicians certificate or a personal affidavit with the Director of Personnel stating the cause of the absence. AFSCMEMOU-1989-92 GRJ:jr 052389 - 53 - a~ ~ D GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-199.2 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 other- wise 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 Bernar- i dino 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 i more continuously, and who are compelled to be absent from their work on account of illness or injury, other than that I f 0 AFSCMEMOU-1989-92 GRJ:jr 052389 - 54 - . ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 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.U. 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. i I I 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 rata of approximately 3.7 hours per pay period. AFSCMEMOU-1989-92 GRJ:jr 052389 - 55 - . C7 • ~ 4 ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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, further absences may be charged against accrued vacation; or with department head approval, the employee may take loss of ~ pay rather than vacation. Section 4 ~ Payment for Unused Sick Leave i 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 6 shall such compensation exceed 60 working days of such leave. (Example: 50$ of 120 days = 60 days paid max.). AFSCMEMOU-1989-92 GRJ:jr 052389 - 56 - . © 4 GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 Section 5 ~njurv 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 accumu- lated sick leave credits to augment the amount of temporary disability compensation received 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 57 - o o o o GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 dis- ability 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 6 Leave of Absence Without Pav Leave of Absence without pay is a temporary non-pay status and absence from duty granted at the request of the AFSCMEMOU-1989-92 GRJ:jr 052389 - 58 - . © 4 ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 desir- able 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: (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 I~ '~ recommendation of the attending physician; (5) For military leave when the employee has less than 1 year service to qualify for leave with pay; (6) For Union activities, upon designation by the President of Council 36. AFSCMEMOU-1989-92 GRJ:jr 052389 - 59 - • ~ , GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 compen- sation 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 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 employer portions). It is the AFSCMEMOU-1989-92 GRJ:jr 052389 - 60 - ~ p ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 contribu- tion 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 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 61 - ©' p ~ ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 employees 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 appointing authority to receive this benefit. AFSCMEMOU-1989-92 GRJ:jr 052389 - 62 - ~ ~ CS O D GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 begin- ning 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 em- ployees 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, AFSCMEMOU-1989-92 GRJ:jr 052389 - 63 - Q ' f3 O O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 both parties shall meet promptly in an earnest effort to reach a mutually satisfactory resolution of any problems arising as a result of the proposed changes. Work schedule changes resulting from an emergency situation or circum- stances which disrupt normal City operations as determined by the department head are not bound by the 2 week notice requirement. Section 2 Phvsical Examinations The City shall pay medical fees for the physical examin- ation 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 Cfty 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. AFSCMEMOU-1989-92 GRJ:jr 052389 - 64 - . ® p GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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. 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 senior- ity 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 qualifica- tions or whose loss of skills would adversely affect the AFSCMEMOU-1989-92 GRJ:jr 052389 - 65 - . © © O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 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 AFSCMEMOU-1989-92 GRJ:jr 052389 - 66 - © 4 ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 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 rein- stated 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. AFSCMEMOU-1989-92 GRJ:jr 052389 - 67 - C' © 4 GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 ARTICLE VII GENERAL PROVISIONS Section 1 Waiver Clause The parties acknowledge that during the meet and confer process which resulted in this M.O.U., each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, ordinance, resolution, personnel and departmental rules and regulations, from the scope of 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 ~ i this M.O.U. 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 repsect to any subject or matter referred to, or covered in this M.O.U., or with respect to any subject or matter not specifically i 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. AFSCMEMOU-1989-92 GRJ:jr 052389 - 68 - ` ®' O © ~ GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 section 2 Severability It is understood and agreed that this M.O.U. is subject to all current and future applicable federal and state laws and regulations and the current provisions of the charter, ordinances, resolutions and other rules and regulations of the City. 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 it 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 i 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 i City shall distribute the M.O.U. to the bargaining unit and new employees. The City will provide an initialed/signed distribution list of employees to the union after distribu- tion of the MOU. AFSCMEMOU-1989-92 GRJ:jr 052389 - 69 - I GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 Section 4 Term of Memorandum of Understanding This MOU will be in effect for the period commencing July 1, 1989, and ending on June 30, 1992. 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 period following expiration of this M.O.U., notice shall be given to the other not later than the last working day of February, 1992, that such discussions are desired. Such notice shall request a meeting to begin negotiations and establilsh ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party. AFSCMEMOU-1989-92 GRJ:jr 052389 - 70 - . p O O GENERAL UNIT - MEMORANDUM OF UNDERSTANDING 1989-1992 Mayor AFSCME, Council 36, City oP San Bernardino Local 122, AFL-CIO City's Designated Representative ATTEST: City Clerk GR,T : j r - 71 - O5/23/89 r 1 EXHIBIT 1 2 SALARY RANGE AND STEPS CLASSIFICATION TITLE 3 (1049) 1104 1159 1218 1281 1345 Messenger 4 (1057) 1218 1281. 1345 1415 1485 Police Records Clerk Traine 5 Typist Clerk I 6 (1065) 1345 1415 1485 1561 1639 Account Clerk I Cashier I Library Service Technician ~ Printing Services Assistant 8 Telephone Operator Typist Clerk ii 9 (1067) 1380 1449 1524 1599 1681 Custodian 10 ((1069) 1415 1485 1561 1639 1722 Cashier II Library Clerk 11 {1071) 1449 1524 1599 1681 1759 Lead Custodian 12 (1073) 1485 1561 1639 1722 1812 Account Clerk II 13 Affirmative Action Clerk Parking Citation Coordi- 14 nator Personnel Clerk I 15 Police Records Clerk I Purchasing Clerk 16 Senior Animal License ~ Checker 17 Typist Clerk III 18 (1074) 1505 1581 1660 1743 1833 Animal Shelter Attendant ~ Park Maintenance Worker I 19 Recreation Program ~ Coordinator ~ 20 i (1075) 1524 1599 1681 1759 1857 Storekeeper 21 (1077) 1561 1639 1722 1812 1902 Animal Shelter Office Spec- 24 ialist Composer/Bindery Clerk 23 Complaint Desk Coordinator Personnel Clerk II ~ Stenographer 25 (1078) 1581 16.60 1743 1833 1926 Building Maintenance Worker Maintenance Worker I 26 Refuse Operator I Tire Repair Worker 27 28 age 1 of 4 FSCME Exhibit 1 © ' O C~ 1 2 (1079) 1599 1681 1759 1857 1951 Lead Storekeeper Police Fleet Maintenance 3 Expeditor Police Property dnd Supply 4 Assistant 5 (1080) 1621 1702 1789 1879 1973 Methods and Standards Expeditor I 6 (1081) 1639 1722 1812 1902 2001 Offset Press Operator 7 Police Records Clerk II Secretary 8 (1082) 1660 1743 1833 1926 2024 Park Maintenance Worker II 9 (1083) 1681 1759 1857 1951 2049 Collector Dispatcher I 10 I Emergency Service Repre- sentative 11 Employment Intake Specialist 12 Identification Technician I Parking Control Checker 13 Police Assistant i 14 (1085) 1722 1812 1902 2001 2099 Account Clerk III Animal Control Officer 15 ~ Animal Health Technician Deputy City Treasurer (U) 16 Electrician I Maintenance Painter 17 Maintenance Plumber I Survey Party Technician I lg Traffic Sign Painter 19 (1086) 1743 1833 1926 2024 2126 Maintenance Worker II Park Maintenance Worker III 20 Refuse Operator II 21 (1087) 1759 1857 1951 2049 2152 Building Maintenance Mechanic 22 Community Services Representative 23 Risk Management Specialist Workers' Compensation 24 Specialist 25 (1089) 1812 1902 2001 2099 2206 Dispatcher II Senior Affairs Coordinator 26 Senior Secretary Staff Analyst I 27 28 age 2 of 4 FSCME Exhibit 1 © ' © CJ 1 2 (1090) 1833 1926 2024 2126 2233 Motor Sweeper Operator 3 (1091) 1857 1951 2049 2152 2261 Equipment Mechanic I Police Property and Supply 4 Technician (1092) 1879 1973 2074 2181 2289 Abatement Coordinator 5 Business License 6 Inspector (U) Methods and Standards 7 Expeditor II 8 ((1093) 1902 2001 2099 2206 2319 Draftsperson Junior Librarian Survey Party Technician II 9 (1094) 1926 2024 2126 2233 2346 Maintenance Worker III 10 Park Maintenance Leadworker Refuse Operator IZI 11 Tree Trimmer 12 (1095) 1951 2049 2152 2261 2375 Identification Tech. II Maintenance Carpenter 13 (1096) 1973 2074 2181 2289 2405 Heavy Equipment Operator 14 15 (1097) 2001 2099 2206 2319 2435 Accounting Technician Auto Body Repairperson 16 Maintenance Plumber II ~ Staff Analyst II 1~ Welder 18 (1099) 2049 2152 2261 2375 2496 Electrician II Librarian 19 Traffic Signal Electri- cian I I 20 (1100) 2074 2181 2289 2405 2528 Lead Maintenance Worker ~ 21 (1101) 2099 2206 2319 2435 2559 Survey Party Technician IZI 21 (1103) 2152 2261 2375 2496 2622 Equipment Mechanic II 23 (1105) 2206 2319 2435 2559 2687 Accountant 24 Electrical & HVAC Mechanic Electronics Technician 25 Employment Services Liaison Personnel Technician 26 Public Services Project Co- ordinator 27 Real Property Specialist 28 age 3 of 4 FSCME Exhibit 1 O' ® O 1 2 (1107) 2261 2375 2496 2622 2754 Lead Equipment Mechanic 3 Library Outreach Officer Library Computer Labor- 4 story Coordinator Literacy Program Coordinato S Senior Librarian 6 (1108) 2289 2405 2528 2655 2791 Civil Engineering Assistant I Code Compliance Officer ~ Construction Inspector Fire Prevention Inspector B General Building Inspector Landscape Inspector 9 ~ Rehabilitation Specialist 10 ((1109) 2319 2435 2559 2687 2824 Traffic Signal Electri- cian ii 11 (1113) 2435 2559 2687 2824 2968 Planner I 12 (1115) 2496 2622 2754 2895 3041 Crime Analyst 13 Liability Claims Specialist Loan Officer l 14 Safety Officer 15 !(1116) 2528 2655 2791 2932 3080 Park Projects Coordinator Senior Code Compliance 16 Officer Senior Building Inspector 1~ Senior Real Property Specialist lg Senior Rehabilitation Specialist 19 (1118) 2590 2722 2861 3005 3156 Plan Checker i ~ (1121) 2687 2824 2968 3116 3277 Community Development 21 Specialist Planner II 22 (1122) 2722 2861 3005 3156 3316 Civil Engineering 23 Assistant II ~ (1123) 2754 2895 3041 3194 3358 Housing Development Specialist 25 (1128) 2932 3080 3234 3398 3571 Civil Engineering Assistant 26 III 27 28 Page 4 of 4 FSCME Exhibit 1