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CITY OF SAN BER"",DINO - REQUEST ~ COUNCIL ACTION
From:
Ba rba ra Di 11 on
Personnel
!lEe'O. - fl,Ol4\Il. Gf~ubject:
N.! ~ QG
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Resolution implementing Memorandum of
Understanding between the City of San
Bernardino and employees in the
Middle Management bargaining unit
represented by San Bernardino
Public Employees Association (SBPEA)
Dept:
Date:
March 18, 1991
Synopsis of Previous Council action:
On February 18, 1991, the Mayor and Common Council adopted a resolution of the City
of San Bernardino amending Resolution No. 6413, Section 11, and implementing
salary adjustments for Middle Managers, effective January 14, 1991.
Recommended motion:
Adopt resolution
4.a';/.--p/?) a ,)u//LV'J
Signature
Contact person: Barbara A. Di 11 on
Supporting data attached: Yes
Phone: 384-5161
Ward: nfa
FUNDING REQUIREMENTS:
Amount:
Source: (Acct. No.!
(Acct. DescriPtionl
Finance:
Council Notes:
Agenda Item No
ILl
CITY OF SAN BERNQDINO - REQUEST ~ COUNCIL ACTION
STAFF REPORT
The city's negotiators have reached
new MOU. The MOU will be in effect
December 31, 1991. The Financial
include:
agreement with SBPEA on a
from July 1, 1990 through
highlights of the MOU
Salaries
o
Implementation
survey up to
1/14/91, with
increase.
of salary
10% effective
a 2% minimum
o Balance of salary survey over
10% increase effective July
1, 1991.
o 4% increase effective first
full pay period in July 1991.
o Adds 0.1% 2.0% increase
effective July 1991, if
annual CPI increase exceeds
8% for the twelve month
period ending May 31, 1991.
Health
Insurance
o $33.02 additional monthly
city contribution effective
October 1990.
o Maintain any increases in
premium for Kaiser employee
plus one, and Mission Dental
High option, employee plus
one.
Several other changes were incorporated in the MOU; however,
the fiscal impact was negligible.
PD:STAFF.2
3/19/91
75.0264
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Resolution No.
RESOLUTION OF THE CITY OF SAN BERNARDINO
IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN
THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE
MIDDLE MANAGEMENT BARGAINING UNIT OF THE CITY OF SAN
BERNARDINO REPRESENTED BY SBPEA.
WHEREAS the designated representatives of the
Mayor and Common Council met and conferred in good
faith with representatives of SBPEA representing the
unit of Middle Management employees of the city of
San Bernardino in accordance with the provisions of
Government Code Sections 3500-3510, to agree upon a
new Memorandum of Understanding (MOU);
WHEREAS such meetings resulted in agreement on an
MOU (Exhibit A, a copy of which is attached hereto
and incorporated herein) effective July 1, 1990,
through December 31, 1991;
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF
THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Exhibit A to this resolution is
hereby adopted establishing wages, hours and working
conditions for employees in the Middle Management
bargaining unit of the city of San Bernardino.
I HEREBY CERTIFY that the foregoing resolution
was duly adopted by the Mayor and Common council of
the City of San Bernardino at a
meeting thereof,
held on the
day of
, 1991, by the following vote to wit:
/ / / /
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RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A
1 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN
BERNRDINO AND EMPLOYEES IN THE MIDDLE MANAGEMENT
2 BARGAINING UNIT OF THE CITY OF SAN BERNARDINO
REPRESENTED BY SBPEA.
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Council Members
ESTRADA
REILLY
FLORES
MAUDSLEY
MINOR
POPE-LUDLAM
MILLER
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ABSTAIN
CITY CLERK
14 The foregoing resolution is hereby approved this
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day of
Approved as to
19 form and legal content:
20 JAMES F. PENMAN,
city Attorney
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, 1991.
W. R. Holcomb, Mayor
City of San Bernardino
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EXHIBIT "A" 0
ARTICLE I
ADMINISTRATION
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Section 1
Manaqement aiqhts
This Memorandum of Understandinq (MOU) shall not be
deemed to limit or curtail the city in any way in the
exercise of the riqhts, powers, and authority which the City
has prior to enterinq into this understandinq except to the
extent that the provisions of this MOU specifically curtails
or limits such riqhts, powers, and authority. Furthermore,
the city retains all its exclusive riqhts and authority under
city Charter, Ordinances, Resolutions, State and Federal LaW,
and expressly and exclusively retains its manaqement riqhts,
which include but are not limited to: The exclusive riqht to
determine the mission of its constituent departments,
commission, and boards; set standards of selection for
employment and promotions; direct its employees; establish
and enforce dress and qroominq standards; determine the
methods and means to relieve its employees from duty because
of lack of work or other lawful reasons; maintain the
efficiency of qovernmental operations; determine the methods,
means and numbers and kinds of personnel by which qovernment
operations are to be conducted; determine the content and
intent of job classifications; determine methods of
financinq; determine style and/or types of City-issued
wearinq apparel, equipment or technoloqy, means,
orqanizational structure and size and composition of work
force and allocate and assiqn work by which the City opera-
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tions are to be conducted; determine the change and the
number of work locations, relocations, and types of opera-
tions; 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; to assign work to and schedule employees in accordance
.with requirements as determined by the City and to establish
and change work schedules and assignments upon reasonable
notice, establish and modify productivity and performance
programs
and
standards;
discharge,
suspend,
demote,
reprimand, withhold salary increases and benefits, or other-
wise discipline employees in accordance with the applicable
law; establish employee performance standards including, but
not limited to, quality and quantity standards, and to carry
out its mission in emergencies, and to exercise complete
control and discretion over its organization
technology of performing its work.
and
the
Sect.ion 2
Agency Personnel Rules
It is understood and agreed that there exists within the
city in written or unwritten form, certain personnel rules,
policies, practices, and 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-
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Employee Relations as amended; and Resolution No. 10585,
Adopting Rules and Regulations, relating to Employer-Employee
Relations, as amended, which documents will continue in
effect, except for provisions modified by the city Council in
accordance with state laws, orders, regulations, official
instructions or policies.
SECTION 3
Labor-Management committee
The Labor-Manaqement 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.
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ARTICLE II
EMPLOYER-EMPLOYEE RELATIONS
Section 1
.ecoqDitioD
Exclusive recoqnition of the Union is acknowledged for
purposes of meeting and conferring on wages, hours and
working
conditions,
and of general
representation of
employees within the unit of representation. The classifi-
cation titles of those Middle Management permanent employees
in the unit for which
the Union has been recognized
exclusively as the majority representative are listed in
"Exhibit 1" of this MOU and as subsequently so designated as
determined solely by the City: excluding therefrom positions
regarded as temporary and seasonal: titles and positions
established and created under Federal contract, and those
employees while under provisional or probationary status.
The grantinq of "exclusive" recoqnition shall not
preclude employee self-representation in .atters
wheu
individual rights, protections, and concerns are involved:
provided however, the representation rights of the Union as
exclusive representative shall not be compromised thereby.
Section 2
Bo strike
It is the purpose of this MOU for the parties hereto, to
confirm and maintain the spirit of cooperation which has
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existed between the city of San Bernardino and the employees
of the City. It is recognized that any work disruptions are
unproductive to City operations and services provided its
citizens. The Union and the city agree that they shall at no
time nor in any way jeopardize the public health, welfare,
and safety of the city's business and residential communi-
ties. Thus, the Union and the city will strive to promote a
harmonious relationship between the parties to this MOU that
will result in benefits to the city and will provide
continuous and uninterrupted employee services.
It is,
therefore, further agreed that the Union shall not, on behalf
of itself and its members, individually or collectively,
engage in any curtailment or restriction of work. Should any
curtailment or restriction of work take place, paid leave
benefits (sick leave/vacation/etc.) will not be available
during such periods of time.
Section 3
..7ro11 DeductioD for ODioD Due.
It is agreed that Union membership dues, insurance, and
pr_iUJII. for plans sponsored by the Union shall be deducted
by the city from the pay warrant of each employee covered
hereby who files with the city a written authorization
requesting that such deduction be made.
Remittance of the
aggregate amount of all membership dues and insurance pre-
miums deducted from the pay warrants of employees covered
hereby shall be made of the Union within 30 days after the
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conclusion of the month in which said membership dues and
insurance premiums were deducted.
The city shall not be liable to the Union employees, or
any other persons by reason of the requirements of this
Section for the remittance of any sum other than that
constituting actual deductions made from employee wages
earned. The Union shall hold the City harmless for any and
all claims, demands, suits, orders, judgments or other forms
of liability that may arise out of or by reason of action
taken by the city under this Section.
Section 4
Grievance Procedure
PURPOSE:
The City of San Bernardino and the Hiddle Hanagement
Unit realize the importance of a viable Grievance Procedure
to aid in the resolution of disputes. It is recognized that,
to maintain high employ.e morale and harmonious relations, an
orderly method of processing grievances is necessary.
This
procedure is intended to establish a systematic means to
process a grievance and to obtain fair and proper answers and
decisions regarding employee complaints. The representative
of employees and management at
all levels will make
continuing
efforts
to
secure
prompt
disposition of
grievances. Every effort should be made to resolve grievances
in the informal process.
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The initiation of a grievance in good faith by an
employee shall not cast any adverse reflection on his/her
standing with his/her supervisors or his/her loyalty as a
city employee, nor be a reflection on the employee's super-
visor or the department involved.
DEFINITION OF A GRIEVANCE:
A grievance is an alleged violation of the terms of this
MOU. Appeals arising out of Civil service examinations shall
be submitted directly to the civil service Board. Allegations
of discrimination shall be submitted to the Affirmative
Action Officer.
The remedy selected shall be the exclusive
remedy pursued.
REPRESENTATION:
The aggrieved employee shall have the right to be
represented. This representation may commence at any step in
the
Grievance
Procedure.
Legal counsel
or
official
representatives of the recognized employee organization only
can represent the employee.
No person hearing a grievance
need recognize more than on. city employe. representative for
any employe. at anyone time, unless he/she so desires. If
the employee's Legal counsel is not fro. the formally
recognized employe. organization, a representative of that
formally recognized organization may attend the grievance
hearing to insure that the solution reached does not violate
the terms of the MOU.
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CONSOLIDATION OF GRIEVANCES:
In order to avoid the necessity of processing numerous
similar grievances at one time, a single grievance may be
filed.
TYKE LIMITATION:
Time limitations are established to settle a grievance
quickly.
Time limits may be modified by agreement of the
parties. If at any stage of this Grievance Procedure the
grievant is dissatisfied with the decision rendered, it shall
be the grievant's-responsibility to initiate the action which
submits the grievance to the next level of review. The
grievant may proceed to the next step if a reviewing official
does not respond within the time limits specified. A formal
grievance may be entered into or advanced to any step if the
parties jointly so agree.
STEPS IN THE GRIEVANCE PROCEDURE:
The procedures outlined herein constitute the informal
and formal
steps necessary to resolve an
employee's
grievance.
An attempt to settle the grievance in the
informal structure at
the employee-supervisor level is
required. The grievance must be submitted to the Informal
step within ten (10) working days after the eJlployee is aware
of the conditions precipitating the grievance.
A. Informal:
Initially, the grieving employee shall, on a personal
face-to-face basis, discuss his/her complaint with his/her
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immediate supervisor informally.
Within five working days
the supervisor shall give his/her decision to the employee
orallY,
B. Formal:
(1) If the grievance is not adjusted to the
satisfaction of the employee involved, within seven
working days
after the initial and
informal
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 ten working days. The Department
Head shall meet with the employee and/or his/her
designated representative within seven working days
of receipt of the written grievance and shall
deliver his/her answer, in writing, to the employee
within seven working days after the meeting.
(2) If the grievance is still not adjusted, the
aggrieved party may file a written appeal with the
Director of Personnel within ten working days from
the date of delivery of said answer. The Director
of Personnel shall meet with the employee, and, if
the
employee
desires,
the designated Union
representative, within ten working
days after
receipt of the appeal and shall deliver his/her
answer, in writing, to the employee within the ten
working days after the meeting.
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(3) If the grievance is still not adjusted, the
aggrieved party may file a written appeal with the
city Administrator within ten working days from the
date
of delivery
of said answer.
The City
Administrator may meet with the employee and, if
the employee
desires,
the
designated Union
representative, within ten working days after the
receipt of the appeal and shall deliver his/her
answer, in writing, to the employee within 10
working
days
after
the
meeting.
The City
Administrator's decision is final and binding on
all parties, unless reversed by a court decision.
(4) Any grievance not answered by the city within
the specified time limits listed above shall be
deemed settled on the basis of the Union'S original
demand. Likewise any grievance not answered by the
Uni9n as above shall be deemed settled on the basis
of the City's last official answer.
(5) Time Limits as statad above, 1-4- may be
extended by mutual agre_ent of the employee,
his/her representative (if any) and the City.
Sec~ion 5
BOD_DisoriainatioD
The city and the Union agree that there shall be no
discrimination against employees within the barqaining unit
because of race, color, creed, religion, national origin,
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sex, aqe, 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 danqer to the health and safety
of the physically handicapped person or to others.
ARTICLE III
COMPENSATION
Section 1
salari..
city aqrees to contract with a consultant to conduct a
salary survey to be effective the first full pay period in
January 1991. A minimum of 2' increase will be provided.
A 4.0' salary increase, less any amount up to l' of the
scheduled salary increase for 1991-92 as provided in this
section of this MOU, shall become effective the first full
pay period in July, 1991.
In the event that the Consumer Price Index ("CPI", 1982-
1984 Index, Orban Waqe Earners and Clerical Workers, Los
Anqele. - Anahei.
Riverside Metropolitan Area) exceeds
eiqht percent for the twelve month period endinq May 31,
1991, the salary adjustment scheduled for July, 1991 shall be
increased by the amount equivalent to the CPI in excess of
eiqht percent (n) but less than ten percent (10'). The
maximum additional increase pursuant to this paraqraph shall
be two percent (2'), rounded to the nearest 1/10 percent
(.1'). As an example of the operation of this paraqraph, the
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following examples are presented:
C.P.I.
Additional Increase
Equal to or less than 8'
.0'
.5'
1.0'
1.5'
2'
2'
8.5'
9'
9.5'
10'
Greater than 10'
Section 2
PBRS
The city will continue to contract with PERS for the
existing retirement benefit plan, and will contribute all of
the " employee contribution.
section 3
ov.rti..
This overtime article shall replace and supercede the
policy regarding accrual and payment for overtime work as set
forth in Resolution No. 6433.
Comnensatorv Time Off
Employees subject to this MOU and exempt from the
overtime provisions of the Fair Labor Standards Act (FLSA)
shall be assigned to one of the following four groups and
earn compensation for work performed in excess of forty (40)
hours in a workweek as follows:
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GrouD I - Group I employees shall be assigned 40 hours
of Administrative Leave on July 1st of each year this M.O.U.
is in effect. Unused Administrative Leave may not be carried
forward from year to year and shall not be paid for at
anytime. Group I employees shall not" be paid for unused
Administrative Leave at anytime. Group I employees shall not
earn any other additional time off or other compensation for
overtime work.
GrouD I Classifications:
Administrative operations supervisor I
Assistant Traffic Engineer
Building Inspection Supervisor
CIO Manager
Civil Engineering Associate
Community services Center Manager
Construction Engineer
CUstodial supervisor
Energy Management Coordinator
Equipment Mechanic supervisor
occupational Health Nurse
Parking Control Supervisor
Police Communications Oper. Supervisor
Print Shop Supervisor
Recreation Supervisor
Recreation Center Manager I and II
Rehabilitation Coordinator
Senior Fire Prevention Inspector
Stores Supervisor
Senior Buyer
Staff Analyst III
Energy Management Coordinator
Parking Control superv180r
GrouD II - Group II employees shall earn compensatory
time off on an hourly basis for all hours worked in excess of
M.O.U. is in the workweek under the following circumstancesf
ea) the overtime work 18 approved in advance by the
e.ployee's supervisor and (b) is over an hour in length.
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compensatory time off shall only be earned in one hour
increments. Employees may have on the books a maximum of
forty (40) hours compensatory time off at any time. Group II
employees shall not be paid for unused compensatory time off
at any time.
Group II employees shall not earn any other
additional compensatory time off or other compensation for
overtime work.
Craun II Classifications:
Conservation Crew supervisor
police Records Manager
senior planner
Craun III Classifications:
- Group III employees shall
be paid for all hours worked in excess of eighty (80) hours
in a pay period at their straight time rate of pay under the
following circumstances; (a) the overtime work is approved in
advance by the employee'S supervisor and (b) is over an hour
in length per day/assignment. Group III employees shall not
earn any other additional compensatory time off or other
compensation for overtime work.
Groua YII Cla..ifiea~ion.:
Animal Shelter Operations Manager
Senior CUstodian
Traffic signal Electrical supervisor
GrOUD IV
_ Group IV employees shall be assigned 40
hours of Administrative Leave on July 1st of each year this
M.O.U. i. in effect. Unused Administrative Leave
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may not be carried forward from year to year and shall not be
paid for at any time. GrOUp IV employees shall not be paid
for unused Administrative Leave at any time.
GrOUp IV
employees shall not earn any other additional time off
or other compensation for overtime work, except for hours
worked over 40 hours in a week as a result of the employee
being assigned to work their regularly scheduled days off.
Employees shall be paid at their straight-time rate of pay
for hours worked on their regularly scheduled days off.
GrouD IV Classifications:
Electrical and HVAC supervisor
Maintenance Carpenter supervisor
Maintenance supervisor
Park Maintenance supervisor
Sanitation Route Manager
sanitation Route supervisor
Street Lighting supervisor
This article shall not apply to the following positions:
Dispatcher Supervisor and Fire Equipment Shop supervisor, who
are covered under the FLSA.
Nothing in this Article shall prevent any
exempt
employee from voluntarily performing overtime work without
compensation or claim for same.
Only hours actually worked shall be counted for purposes
of calculating eligibility for compensatory time off or
oVertime compensation as appropriate. Approved witness leave
as set forth in Article V section 7 of the M.O.U. and jury
duty leave will be counted as actual hours worked.
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section 4
Ac~iD9 .ay
A Middle Management employee who is assigned acting
(complete) responsibility in the absence of his/her superior
by the department head and approved by the city Administrator
shall be paid for same as follows:
The rate of pay shall be a step on the range of the
higher position which allows the "Acting" employee at least a
3' increase. The employee shall be paid from the first day
of such assignment.
To qualify for such acting pay, the
Middle Management employee must be assigned to same for at
least 30 consecutive working days.
The purpose of this Section is to compensate a Middle
Management employee during extended absences or vacancies of
Division/Department Heads, when the
Middle Management
employee has been formally assigned "acting" capacity. It is
not the purpose of this Section to provide such compensation
for vacation relief, under 30 days, or for limited/short term
absences.
s8ction 5
Shift Differential
Bffective the first full pay period in January, 1991 all
employe.s
within the barqaining unit assigned to the
communications division, shall receive the following pay
differential, in addition to their regular base rate of pay,
for actual "shift work" designated as either the "swing" or
"graveyard" shift.
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A. An employee assigned to the "swing" shift (normal start
and
ending time of 4:00
midnight,
p.m.
to 12
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.
Section 6
pine.
The City shall pay for court fines imposed upon each
regular KiddIe Management employee within the unit of
representation as a result of his/her conviction of a
traffic violation when such employee was directed to
operate any faulty vehicle or vehicular equipment, which
was the proximate cause of a mechanical or other traffic
violation, provided that such violation did not result
from improper or negligent operation of the vehicle on
the part of the employee.
section 7
Bqait7 A4ju.taent.
An employee shall receive payment at that step in the
salary range which is not less than 5' above his or her
highest paid subordinate.
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ARTICLE IV
FRINGE BENEFITS
Section 1
Health/Life Insurance
A. The city will pay the health premiums for the
employee and one dependent based on the cost of the
Kaiser premium, in addition to the employee plus
one dependent premium for the Mission Dental High
option plan.
If premiums increase throughout the
length of this contract, the City will pay the
additional cost based on the same 2 plans for the
employee and one dependent. Effective October 1990
employees will have $267.02 per month to "spend",
cafeteria style, on a health plan, dental plan,
vision plan or additional life insurance plan as
made available through the city. City contribution
monies not utilized on these plans is not usable in
any other way and reverts to the City if not spent.
An employee _y use any of the amounts described in
of the
this section to purchase any or all
insurance benefits described.
B. An employee must purchase medical insurance offered
by the City in order to utilize any of the con-
tributions described in Article IV Section A.
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c.
In addition to
the contribution described in
Article IV, section A, the city shall contribute a
maximum of $16.00 per month per employee to be used
exclusively for the purchase of medical insurance
benefits.
D. The Accidental Death and Dismemberment plan in
effect at this time shall remain in effect for the
term of this agreement.
E. Cafeteria monies may be redesignated or a change of
plans may only be made annually during the open
enrollment period in accordance with the rules
established by the insurance plan selected by the
employee. Plan additions and drops shall be made
in accordance with the rules established by the
insurance plan selected by the employee.
P.
All employees shall
participate in the
city
sponsored long term disability insurance plan.
Employees shall pay the premiua for long-term
disability
insurance.
The
City's
insurance
contributions may be used to purchase long-term
disability insurance. The plan shall provide for
long-term disability benefits as set forth in the
existing long-term disability policy.
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Section 2
UniforIU
The Animal Shelter operations Manager shall receive a
uniform allowance of $250 annually.
Section 3
TUition ..iabur....nt
Section 1. Purnose
A. To encourage the employees of the City of San
Bernardino to take college courses and special
training courses which will better enable them to
perform their present duties and prepare them for
increased responsibilities.
B. To
provide financial
assistance to
eligible
employees for education and training.
C. To establish eligibility requirement., conditions
and procedures
provided.
sectioft_ 2". Eliaibility
whereby such assistance may b.
A. Applications for tuition
reimbursement will b.
considered only from unit members/employees who have
completed probation.
B. Reiabursement is not authorized for courses for
which the employee is receiving financial assistance
from
other
sources
such as
the GI
Bill,
Scholarships, etc.
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Mid Management(;bu
03/14/91
C. Applications will be approved only for courses
o
1990-1991
directly related to the employee's job or directly
related to a promotional position in the employee's
occupational specialty.
D. 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.
E. Prior to receiving tuition reimbursement, employees
must submit documentary proof of having received a
grade of not less than "8" for the course. If
objective ratings are not rendered for a specific
course, then a certificate of successful completion
must be submitted.
F. Approval will be limited to courses given by
accredited colleges and universities, city colleges
or adult education courses under the sponsorship of
the Board of Education.
Workshop. ,
seminars,
conference. and similar activities not identifiable
a. a formal course of
instruction within the
curriculua of a recognized educational institution,
do not fall wi thin the purvue of this program but
may be authorized and funded by the interested
department upon approval of the City Administrator.
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G. When an employee is required by his or her depart-
ment head to attend a particular course or seminar,
the expense
shall be borne
entirely
by the
Department, outside of this Section.
Section 3. Reimbursement
A. Reimbursement will be for the cost of tuition or
registration fees and the required textbooks for
each course. Additional expenses such as meals and
parking fees are not reimbursable.
B. Costs for required texts are eligible for 100%
reimbursement and the
employee may retain the
book(s).
C. The city shall reimburse for tuition based on the
Cal State San Bernardino rates.
S8c~ion 4. Procedures
A. An employee who desires to seek tuition reimburse-
ment under the provisions of this Article must
complete,
in
triplicate,
a
city
it to
Education
Reimbursement fOnl and
submit
his/her
Department Head for advance approval.
B. The Department Head will recommend approval or
disapproval, based on job relatedness, and forward
the Educational Reimbursement fora to the Director
of Personnel.
C. The Director of Personnel will recommend approval or
disapproval based on availability of budgeted funds
22
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Mid Manaqement~U
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for education tuition assistance and forward to the
city Administrator for final action. One copy will
be returned to the employee, a copy will be returned
to the department.
It
is necessary that the
applicant accomplish the procedures so far described
in order to ascertain the eligibility of the
intended course of instruction for reimbursement
under the provisions of this Section prior to the
inception of the course.
D. The employee will submit his or her copy of the
approved application to the Personnel Department for
reimbursement within three months after completion
of the course and final grade has been received. The
employee must include official verification of
his/her final grade with appropriate receipts for
tuition and textbook costs. These will be returned
to the employee upon request.
Applications not
submitted to the Personnel Department within three
months following completion of the course become
void.
E. Upon receipt of
the application and required
documentation,
the
Personnel
Department will
determine
whether
the
completed
course
of
instruction is compatible with the provisions of
Section 2 and 3 of th1a Section. If found to be
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Mid Management~U
03/14/91
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1990-1991
compatible and funding available as described in
this section, the Personnel Department will compute
the amount
of reimbursement,
authenticate the
application and forward it to the Finance Department
with authorization to reimburse the employee the
approved amount.
ARTICLE V
LEAVES
section 1
VacatioD
A. All employees within the Union covered by this MOU shall
be entitled to annual paid vacations as follows:
Completed years
of continuous
service*
Rate of Accrual
Per Month **
(Approximate
Vacation Davs)
1 year *** 0.8330 working days (10 working days)
5 years 1.2500 working days (15 working days)
15 years 1.6670 working days (20 working days)
20 years 2.0833 working days (25 working days)
* service year begins on initial date of employment
** Working days per month
*** No vacation granted or accrued if service is
less than one year.
At the time of termination of _ployment, an employee
shall be entitled to receive compensation for the number of
vacation hours which have been accrued but not used.
In the
event said _ployee had been permitted to take vacation which
exceeds the number of hours actually accrued, a deduction
shall be made from the _ployee's final compensation for the
number of hours in excess of the accrual.
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B. The amount of accrual shall not exceed the specified
number of days granted per year.
c. Employees shall not be permitted to work in their
city position in lieu of taking vacation in order to receive
additional compensation.
D. Except as provided herein, vacation time shall not
accumulate or be allowable or payable beyond the calendar year
when due. Vacation credits may be accrued and accumulated up
to a maximum of 3 years total accumulated vacation credits
upon approval by the Department Head. Vacations or portions
thereof from a prior year may be taken consecutively with
vacations or portions thereof of a succeeding year, subject to
the approval of the Department Head. Except as approved by the
Department Head, no vacation or portion thereof from a prior
year shall run consecutively with the vacation of a succeeding
year: and a period of three or more months should normally
elapse between the expiration of one year's vacation and the
commencement of the next year's vacation.
The vacation period to which any employee shall be
entitled shall be assigned by the Head of the Department in
the calendar year when due, except with the Department Head,
with the approval of the Mayor, determines that an emergency
or other valid factors prevent the employee fro. utilizing
his/her vacation during the calendar year when due. Should
this occur the employees vacation should be rescheduled at the
very earliest mutually acceptable date.
will not be unreasonably denied.
Vacation requests
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E. When a holiday authorized by the Mayor and Common
council occurs within the vacation period of an employee such
employee shall receive an additional day of vacation with pay.
F. Upon termination, payment for earned but unused
vacation or deduction for used but unearned vacation shall be
made on the basis of the hourly rate of pay being received by
the employee on the date of separation.
G. When an employee returns to work after a break in
"continuous service" and when such break in "continuous
service" shall have been by leave of absence with the approval
of the Mayor and Common Council, vacation time shall not
accrue during such break in "continuous service" but shall
accrue monthly from the date of return to service from such
approved leave or absence, based upon the total length of
service of the employee.
H. Whenever the terms .year or years of employment"
appear herein, it shall be deemed to include all services for
the City of San Bernardino, the San Bernardino City Board of
Water commissioners, and for the San Bernardino Free Public
Library Board.
I. The employee shall not lose any vacation time off
due to action by the City.
J. vacation credits may be taken off in increments of
not less than (1/2) days with prior department approval.
K.
continuous Service Defined:
Whenever the term
.years of employment. or "continuous service" appear in this
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Mid Management Ou
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1990-1991
Memorandum of Understanding, it shall be deemed to mean that
employees compensated on a monthly basis shall have completed
ten months or more of compensated service within the twelve
months period immediately preceding the date of the employee's
return to service: and that employees compensated on a daily
basis, working six days a week, shall have completed 261 or
lIIore
compensated day. within the
twelve months 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.
section 2
Boliday.
A.
All employees shall be entitled to
thirteen
holidays each year. The following day. will be holidays for
the purpose of this Memorandum of Understanding:
New Year's Day
Martin Luther King Jr. Day
Melllorial Day
Independence Day
Labor Day
Traditional Veteran'. Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christma. Day
New Year'. Eve Day
Two floating days - per year (see "B")
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Mid Management 0
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1990-1991
B. Each Department Head shall consider any request of
an employee as
to preference for taking the floating
holidays, provided however, the final right to allow the days
to be observed is exclusively reserved to the Department
Head. Only unit employees who have satisfactorily served in
the employ of the city continuously for at least six months
shall be eligible to take the floating holidays. In the
event of the employee's failure for any reaSon to take such
floating holidays during the term of this Memorandum of
Understanding, the employee shall not be entitled to com-
pensation for said floating holiday.
The Department Head
will not "unreasonably" withhold permission to take time off
for the floating holidays.
All full-time employees within the bargaining unit,
with the exception of those employees shown in the following
paragraph shall be allowed the above holiday. at full pay
when such holidays occur within the regularly assigned
working periods provided they are in a paid status during any
portion of the working
day immediately preceding
or
succeeding the holiday. If it becomes necessary for a middle
_nagement employee to work on any of the aboVe mentioned
holiday., except as provided herein, he/she shall receive pay
at the regular rate And shall be allowed another day off at
full pay, a. approved by the Department Head, or may be paid
for the extra day, as approved by the Department Head.
28
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Mid ManagementOu
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1990-1991
o
C. Unit members in the Central communications Division
working a shift schedule, and employees of the police Depart-
ment except personnel assigned to work,a normal five-day work
week, shall be allowed In-Lieu Time Off for above holidays at
full pay when such holidays occur within the regularly
assigned working period or shall receive an extra day's pay
for the day worked.
The decision as 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 head of the
department with the approval of the city Administrator. If
in-lieu time off is directed by the head of the department,
it may be added to the regular annual vacation period but
must be taken within one year of the date said in-lieu time
was earned.
Employees of the 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, November 11, the
Friday after Thanksgiving Day, and the holidays observed the
day before Christmas and the day before New Year's Day. Said
..ployees shall receive an additional day's pay for each such
holiday on which they are required to work. If such holidays
occur on a normal day off for said employees, they shall
receive no additional pay.
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Mid Managemen~U
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1990-1991
D. Holidays as listed above shall be allowed on a
Monday if any such holiday falls on Sunday, and shall be
allowed on the preceding Friday if such holiday falls on a
Saturday, for all employees except those covered by other
provisions herein.
E. Holidays earned in any twelve-month period may not
be accumulated beyond the total number of holidays allowed
each year by this MOU.
Section 3
Sick Leave
A. Sick leave means the absence from duty of an employee
because of illness or injury, exposure to contagious disease,
attendance upon a member of his/her immediate family who is
seriously ill and requires the care of or attendance of, an
employee, or death in the immediate family of the employee.
Xmmediate family means:
Husband, wife, grandmother, grand-
father, mother, father, sister, brother, son or daughter or
mother-in-law,. father-in-law, sister-in-law, brother-in-law,
son-in-law or daughter-in-law.
Not more than five 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. Not
more than five days of sick leave may be granted to an
employee for each absence due to death of a ..mber of his/her
immediate family as defined above.
Upon the Department's request, an employee must provide
30
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Kid Hanagement<:)u
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1990-1991
a physician's statement to justify a sick leave of five
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 to a physician's statement
after any absence.
No absence due to illness or injury in excess of five
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 Hayor and Common
council may be required by the Head of the Department and
shall be subject to his/her approval concerning said absence.
The Kayor and Common Council shall have the power to require
that any person claiming the sick leave benefits of this KOU
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 Kayor 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 i. physically or psychologically
able to perform his/her work and duties satisfactorily before
31
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Mid Managemen~U
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1990-1991
permitting an employee who has been on sick leave to return
to work.
In order to receive compensation while absent on sick
leave, the employee shall notify his/her immediate supervisor
prior to or within four hours after the time set for
beginning his/her daily duties, or as may be specified by the
head of his/her oepartment.
When absence is for more than
one work day, the employee may be required to file a physi-
cian's certificate or a personal affidavit with the Director
of Personnel stating the cause of the absence. Sick Leave
with pay shall be granted to all regular employees and to all
temporary fUll-time employees whose positions are funded
under Federal law who are regularly employed in permanent or
Federally funded positions if such benefit is required by
said Federal law. Sick leave shall not be considered as a
right which an employee may use at his/her discretion, but
shall be allowed only in case of necessity and actual
personal sickness or disability, except as otherwise provided
herein.
Whenever an employe. is compensated hereunder for sick
leave or injury and has not had a vacation at the end of the
current calendar year, he/she shall be allowed to take
his/her vacation in the next calendar year, but must take
said vacation prior to the time he/she returns to work after
his/her illness or injury.
Whenever, the ten "service of the city" appears herein,
32
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Mid ManaqemenOou
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1990-1991
it shall be deemed to include all service of the City of San
Bernardino, the San Bernardino Board of Water Commissioners
and the San Bernardino Free Public Library Board.
B.
All full-time employees of the
City of San
Bernardino who are actively on duty, have been in the service
of said city for six months or more continuously, and who are
compelled to be absent from their work on account of illness
or injury, other than that caused by or arising from their
own moral turpitude, or that by which is compensable under
Article V, Section 5, "Injury Leave", shall receive their
full salary, wages or compensation for a period of one 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 said employees are being
compensated under Article V, Section 5, "Injury Leave". said
sick leave may be accumulated without limit and approved time
off with pay for sick leave, holiday payor approved vaca-
tion, shall be considered as time worked for purposes of the
accrual of sick leave.
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 holi-
days" shall have the meaning ascribed to thea in Article V,
section 2, "Holidays".
Sick leave shall not accumulate
during periods of leave of absence without pay.
The words
.working day" shall mean a normal eight-hour day to which an
employee has been assigned to work.
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Mid ManagemenOou
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1990-1.991.
The 6 working days of sick leave granted after 6
calendar months of continuous service as herein provided,
shall be computed at the rate of approximately 3.7 hours per
pay period. In the event an employee works less than fifty
percent (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.
Whenever an employee uses all allowable sick leave,
further absences may be charged against accrued vacation,
administrative leave, or compensatory time.
section 4
Payment for Unused Sick Leave
Unused sick leave is payable at any resiqnation without
prejudice (including death and retirement) up to a maximum of
sot of a 120-day cap. Example, a balance of 100 sick leave
day. _ a 50-day payoff, and a balance of 150 sick leave days
_ 60-day payoff. (60 - sot of a 120 day cap).
Sect.ion 5
J:njU1Y Leave
All regular employees shall
be granted industrial
accident or illness for the first seven calendar day. of
their disability. Effective with the 8th day of necessary
absence for such illness, each employee shall be authorized,
upon his/her request, to utilize any balance of his/her
34
Mid Managementt-9U
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1990-1991
accumulated sick leave credits to augment the amount of
temporary disability compensation he received to the extent
that the total sum received will result in a payment equal to
his regular and normal compensation. The utilization of sick
leave for this purpose shall end with the termination of the
temporary disability or when the accumulated sick leave
credits have been exhausted whichever occurs first.
When an employee sustains what they believe 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
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.
The employee has the right to be examined and treated by
a physician of his/her choice, within the required time, of
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
detenining the length of tiae during which the employee will
be unable to perfon the assigned duties, and if the
disability is attributable to the "injury involved."
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Mid ManagemenOou
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1990-1991
Should there be a dispute between the physician selected
by the employee and the physician selected by the City, 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, the
person shall be entitled to use only as much sick leave or
vacation as, when added to the disability payments, will
provide for a full day's pay.
section 6
Leave of Absence without pay
Leave of absence without pay is a temporary nonpay
status and absence from duty granted at the request of the
employee. Leave of absence without pay may be granted by the
Mayor and Common Council for a period not to exceed six
months, upon the positive recommendation of the Department
Bead and 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 bene-
fit. will result: increased job ability, protection or
improvement of
the employee's health, retention of a
desirable employee, or furtherance of a program of interest
to the City.
Examples or conditions for which leave of
absence without pay may be granted are:
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Mid Managemen~U
--03/14/91
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1990-1991
(1) For an employee who is a disabled veteran requiring
medical treatment.
(2) For an employee who is temporarily mentally or
physically unable to perform his/her duties.
(3) For an employee who files for or assumes elected
office.
(4) For maternity
or
paternity
leave, upon the
recommendation of the attending physician.
(5) For military leave when the employee has less than
one year of service to qualify for leave with pay.
An approved leave of absence without pay for less than
60 days in any calendar year will not be considered a break
in service. Leave in excess of 60 days shall result in the
advancement
of
the
employee's anniversary
date
and
compensation advancement date to such date as will account
for the total period of uncompensated time off.
Failure to
return to duty at the expiration of the approved leave of
absence
without
pay
shall
constitute
an
automatic
resignation.
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
begin. if the leave of absence without pay become. effective
during the first fifteen days of the month, nor beyond the
last day of the next succeeding month if the leave of absence
37
Mid Management I"""u
--03/14/91 \J-
1990-1991
o
without pay becomes effective after the 15th day of the
month, unless the employee is returned to work from leave of
absence without pay status prior to the date of 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, he/she
may arrange to pay the insurance premiWlls for the coverage
desired (both employee and the employer portions). It is the
responsibility of the employee to contact the Personnel
Department in this regard. The payment of the amount of the
premiums must be made to the City prior to the date which the
city's participation will terminate. Payments must be made
directly monthly thereafter to the insurance carrier until
the employee either returns to work or his/her employment
with the city is terminated.
upon
an employee's return
to work, the
city's
contribution towards the employee's health and life insurance
premiums will begin on the first day of the month following
the end of the leave of absence without pay if that leave of
absence without pay terminates between the first and the
fifteenth days of the month, or on the first day of the next
succeeding month if the leave of absence without pay
terminates after the fifteenth day of the month.
Notwithstanding any other provision of this section to
the contrary, the city will continue its contribution for
health and life insurance premiWlls of an employee on leave of
absence due to any injury or illness arising out of and in
the course of his or her employment with the city.
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1990-1991
Section 7
witne.. Leave
Unit members shall be entitled to a leave of absence
wben subpoenaed to testify as a witness in civil litigation
involving the city, such subpoena being properly issued by a
court, agency, or commission legally empowered to subpoena
witnesses. This benefit shall not apply in any case in which
the subpoenaed employee is a party to the action.
Witness
leave shall not be charged against any accumulated leave
balances and shall be compensated at the employee'S base
hourly rate.
Section 8
Blood Donation.
Employees in regular positions who donate blood in the
interest of the city without receiving compensation for such
donation, may have the required time off with pay with the
prior approval of the immediate supervisor for each such
donation.
This benefit
shall not be cbarged to
any
aCCUlllulated leave, provided, however, if the _ployee 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.
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1990-1991
WORKING CONDITIONS
section 1
physical Bzaainations
The city shall pay medical fees for the physical
examination or any permanent member when such examination is
required and directed by the City after employment. The city
may arrange with a physician or medical group for such
examination; or if the situation warrants, the city may
authorize an employee to be examined by a doctor of his/her
choice.
In the event an employee is authorized to be
examined by a doctor of his/her choice, reimbursement shall
be made by the city for the cost thereof provided, however,
that the amount of the reimbursement shall not exceed the
cost the city would have paid to its contract physician or
medical group. Physical exams taken by a Middle Management
employee on a voluntary basis are not reimbursable by the
city.
However, if a Department Head requires a Middle
Management employee to maintain a Class A or Class B drivers
license, suCh license exams as required will be scheduled
with the city's contracting physician at no cost to the
Middle Management employee.
Section 2
probationary perio4
Employees joining the Mid-Management unit on or after
January 1, 1986 shall have a probationary period of one year.
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Mid Managemen~U
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1990-1991
After successfully completing same, the seniority date shall
be from the last date of hire within the Department, Division
or section.
Section 3
seniority
Department Heads will consider seniority in authorizing
vacations and scheduling shift assignments and transfers.
seniority shall prevail when all the
factors are not
significantly different. "All factors" is defined as special
qualifications,
attendance and
skills,
safety.
work performance
as well
as
An employee shall
not attain
seniority until the completion of a probationary period.
ARTICLE VI
GENERAL PROVISIONS
section 1
Waiver Clause
The parties acknowledge that during the meet and confer
process which resulted in this MOO 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 froa the scope of negotiable issues and
that the understanding arrived at by the parties after the
exercise of that right and opportunity are set forth herein
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Mid Managemen~u
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1990-1991
Therefore, the City and the Union for the life of this MOU
each voluntarily and unqualified waives the right, each
agrees that the other shall not be obligated, to meet and
confer with respect to any subject or matter referred to, or
covered in this MOU, or with respect to any subject or matter
not specifically referred to or covered in this MOU even
though such subject or matter may not have been within the
knowledge or contemplation of either or both of the parties
at the time they negotiated or signed this MOU.
This MOU
contains items which fully satisfy all claims (alleged or
proven) as a result of the prior Management/Confidential
agreement, of which the Middle Management unit was once a
part.
Severability
It is understood and agreed that this MOU is subject to
all current and future applicable Federal and state Laws and
Regulations and the current provisions of the Charter,
Ordinances, Resolutions and other rules and regulations of
the city of San Bernardino. If any part or provision of thb
MOO is in conflict or inconsistent with such applicable
provisions of those Federal, State or city enactments, or it
i. otherwise held to be invalid or unenforceable by any court
of .cOllpetent jurisdiction, such part or provisions shall be
suspended and
superseded by such applicable
law
or
regulations, and the remainder of this MOO shall not be
42
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Mid ManagementOu
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1990-1991
affected thereby.
The parties hereto agree to refrain from
initiating any action that would invalidate any part of the
MOU.
Section 3
printing of Hemorandua of understanding
The city and the Union will share the cost of the
printing of the MOU as follows:
The Union agrees to pay for the cost of the copies to be
distributed to its unit members.
Section 4
Tera of Hemorandua of Understanding
This Memorandum of Understanding will run for the period
starting July 1, 1990 and ending December 31, 1991.
Sec~ion 5
Botiee of In~ent to aeopen
The parties agree that, if either party desires to
propose chan~es in the terms or conditions of this MOU for
I
the period fpllOwing expiration of this MOU, notice shall be
given to thtl other not later than the last working day of
August 1991, that such discussions are desired. Such notice
shall requellr- a meeting to begin negotiations and establish
ground rul.s which shall include, at a minimUII, the date
beyond whicJ no further proposals may be submitted by either
party.
43
PD:MM.HOU./MM.MOU.l/MM.MOU.2
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MID-MANAGEMENT UNO
'MEMORANDUM OF UNDERSTANDING
1990-1991
Mayor
City of San Bernardino
City's Designated
Representative
ATTEST:
City Clerk
o
San Bernardino Public
Employees Association
(SBPEA)
Approved as to form and legal content:
city Attorney
po: MM.MOU.SIG
3-21-91
slm