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HomeMy WebLinkAbout20A-Human Resources CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION From: EDWARD S. RAYA HUMAN RESOURCES DECEMBER 2,1999 Subject: RESOLUTION IMPLEMENTING MEMO- RANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL UNIT EMPLOYEES' BARGAINING UNIT Dept: ORIGft:AL Date: REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION Synopsis of Previous Council Action: February 2, 1998 - The Mayor and Common Council approved a contract with the General Unit Employees' bargaining unit. June 21, 1999 - Closed Session. July 6, 1999 - Closed Session. September 7,1999 - Closed Session. September 20, 1999 - Closed Session. Recommended Motion: Adopt Resolution. J'dJ/l~,JctC3. ~ Edward S. Rava Yes Phone: 384-5161 Contact Person: Supporting Data Attached: Ward: FUNDING REQUIREMENTS: Amount: Source: (Acct No) (Acct Descrij:!tion) Finance: ~kJA /xI ~ Council Notes: ~_,_~~ CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution implementing Memorandum of Understanding Between the City of San Bernardino and employees in the General Unit bargaining units represented by the San Bernardino Public Employees' Association (SBPEA). BACKGROUND The contract with the General Unit employees expired on June 30, 1999. The City Team and the San Bernardino Public Employees' Association (SBPEA), held ten (10) negotiation sessions. On September 15,1999, both sides reached tentative agreement on a successor Memorandum of Understanding (MOU). Attached is the General Unit Employees' MOU. The term of the new MOU is two (2) years, from July 1, 1999, to June 30, 2001. The Mayor and Common Council approved the economic benefits package described below on September 20, 1999. The MOU also contains several language changes on non-economic items (Uniforms, Employee Orientation, Contract Services, Probationary Period). ARTICLE III. COMPENSATION. Section 1. Salaries: The City will provide a three percent (3%) salary increase effective January 1, 2000, and a two percent (2%) increase effective January 1, 2001. New Section. Classification and ComDensation StudY: The City agrees to cover the cost to conduct a classification and compensation study of positions in the General Unit. ARTICLE III. COMPENSATION. Section 2. PERS: The City will amend its PERS contract to provide the 2% at 55 retirement benefit to all miscellaneous employees, effective June 30, 2001. ARTICLE III. COMPENSATION. Section 3. Overtime: The City agrees to amend the language in paragraph 5 to read as follows: "Any hours in the employee's compensatory time bank in excess of 40 hours as of June 30th of each year will be paid at the employee's regular rate of pay, and will be included on the December 15th paycheck." ARTICLE III. COMPENSATION. Section 4. Hiaher Actina Classification Pay: The City agrees to amend the language in this section to allow employees of the Refuse Division assigned to a higher- acting position to be eligible for higher-acting pay from the first day they are assigned to work in the higher position. ARTICLE III. COMPENSATION. Section 6. Call-Back/Standbv Assianment & Pav: The City will amend this article to read: "Effective January 1, 2000, employees of the Animal Control Division assigned to standby status shall be compensated at the rate of two (2) hours pay per day for such status." ARTICLE III. COMPENSATION. Section 7. Shift Differential: Effective at the commencement of this agreement, the City agrees to amend this section to allow for payment of $65/month for swing shift and $100/month for graveyard shift. ARTICLE III. COMPENSATION. Section 8. Personal Tool ReDlacement Allowance: The City agrees to amend the language in this section to reflect an increase for tool replacement allowance from $275 to $350 per year. ARTICLE IV. FRINGE BENEFITS. Section 1. Health/Life Insurance: The City will add an additional $20/month effective January 1, 2001 to health insurance premiums (this will be reflected in the employees' December 15, 2000, paycheck since insurance is prepaid.). ARTICLE V. LEAVES. Section 2. Holidavs: The City will amend this section to read: "Employees shall be entitled to twelve (12) City designated holidays, the equivalent to 96 hours per year." Effective February 2000, President's Day will be added to the list of designated holidays. ARTICLE V. LEAVES. Section 4. Payment of Sick Leave: The Citywill add a new subsection to read: "Sick Leave Sell Back: Effective January 1, 2001, employees with perfect attendance in the previous calendar year will be allowed to cash out up to five (5) days (40 hours) of sick leave per year, providing the employee has at least 160 hours in their leave account after the sell back to be eligible." The Mayor and Common Council has also authorized staff to continue to meet and confer regarding the payment of sick leave upon separation from the City in good standing. . .. FINANCIAL IMPACT: PROPOSED CONTRACT COSTS GENERAL UNIT EMPLOYEE'S CONTRACT CONTRACT TOTAL DESCRIPTION YEAR 1 YEAR 2 COSTS 7/1199~/30/00 7/1/00~/30/01 Salarv Increases 255,100 425 200 680 300 Class & ComD Studv 50,000 - 50,000 Health Insurance 35,000 35 000 Pay for Unused Sick - CalI-Back/StandbY Pay 3.000 6,000 9000 Presidents Day Holiday 63 639 63 639 127,278 Shift Differential 21,100 21100 42 200 Hiaher Actina Minimal Costinn - - Tool Allowance 2,175 2,175 4350 Sick Leaye Sell Back Minimal Costino - - Uniforms No Cost - - Subtotal Costs 395,014 553,114 948,128 .PERS 2% an 55 Benefit - 5613,175 5613175 TOTAL COSTS 395,014 6,166,289 6,561,303 ANNUAL RECURRING 850 500 0 55 000 - 6000 63 639 21,100 - 2175 - - 998,414 - 998,414 .PERS 2% @ 55 benefit is being paid from the Misc. group surplus being held by PERS, this Rem will not be paid from the CRy's budget. RECOMMENDATION Adopt Resolution. Attachment: Resolution Implementing Memorandum of Understanding Between the City of San Bemardino and Employees in the General Unit Employees' Bargaining Unit Represented by San Bemardino Public Employees' Association. o 1 2 3 4 5 6 7 8 9 ~(Q)~W Resolution No. RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN THE GENERAL BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION. WHEREAS the designated representatives of the Mayor and Common Council met and conferred in good faith with representatives of San Bernardino Public Employees' Association (SBPEA) representing the General employees of the City of 10 I San Bernardino, in accordance with the provisions of Government Code Sections 3500- 11 12 13 14 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, 1999, through o 15 il June 3D, 2001. 16 17 18 19 20 21 o 22 23 24 2S 26 27 28 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. Exhibit A to this resolution is hereby adopted establishing wages, hours and working conditions for employees in the General bargaining unit of the City of San Bernardino. "' "' "' "' "' "' Yl,,;~~~ o o 13 14 15 16 17 18 19 20 21 22 23 o 24 2S 26 27 28 ,. .;-. ,_._"",~, :'.-::'?-~ 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEES IN 'rHE GENERAL BARGAINING UNIT OF THE CITY OF SAN BERNARDINO REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES ASSOCIATION. 3 4 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the 6 7 8 9 10 11 12 Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 1999, by the following vote, to wit: COUNCILMEMBERS: ESTRADA LIEN MCGINNIS SCHNETZ SUAREZ I ANDERSON MILLER AYES NAYES ABSTAIN ABSENT Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this day of ,1999. Judith Valles, Mayor City of San Bernardino Approved as to form and Legal content JAMES F. PENMAN, City Attorney ~ ~ h .~.. o GENERAL UNIT EMPLOYE.S MEMORANDUM OF o UNDERSTA.NDING JULY 1,1999 TO JUNE 30, 2001 o CITY OF SAN BERNARDINO OFFICE OF THE DIRECTOR OF HUMAN RESOURCES o Article/Section Resolution No. ARTICLE I Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 o ARTICLE II Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 Section 14 o ARTICLE III Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 ,~.".. '-'~',-- TABLE OF CONTENTS Title Pace Implementing a Memorandum of Understanding.................... 1. Definition of Tenns ................................................................. 3 ADMINISTRATION ................................................................ 4 Management Rights ............................................................... 4 Employee Rights .................................................................... 4 Contract Services ................ ............................... ............ ... ..... 5 Agency Personnel Rules ........................................................ 5 Safety Committee................................................................... 6 Labor-Management Committee.............................................. 6 Time Off For Employee Representatives ............................... 7 EMPLOYER-EMPLOYEE RELATIONS ................................ 8 Recognition/Union Security .................................................... 8 No Strike ................................................................................ 8 Payroll Deduction for Union Dues .......................................... 8 Grievance Procedure ............................................................. 9 Union Representation............................................................. 11 Employee Lists....................................................................... 12 Skelly Rights........................................................................... 12 Non-Discrimination. .................................... ............................ 13 Personnel Files....................................................................... 13 Bulletin Boards ....................................................................... 14 Budget Documents................................................................. 15 Employee Orientation............................................................. 15 New Employee Infonnation .................................................... 15 Mailbox ........ ..... ....... ............................ ..... ...... ....... ....... .......... 15 COMPENSATION .................................................................. 15 Salaries ....... ............ ...........................................................:.... 15 PERS ..................................................................................... 16 Overtime. ...... .... .................................................. .................... 16 Higher Acting Classification Pay............................................. 17 Classification Appeal ............................................................. 18 Call-Back/Standby Assignment & Pay.................................... 18 Shift Differential...................................................................... 20 Personal Tool Replacement Allowance.................................. 21 Fines ...................................................................................... 22 Bilingual Pay.......................................................................... 22 Reclassification ...................................................................... 23 .~".....-,<~, (> o o Article/Section ARTICLE IV Section 1 Section 2 Section 3 Section 4 Section 5 ARTICLE V Section 1 Section 2 Section 3 Section 4 Section 5 Section 6 Section 7 Section 8 Section 9 Section 10 Section 11 Section 12 Section 13 ARTICLE VI Section 1 Section 2 Section 3 Section 4 Section 5 ARTICLE VII Section 1 Section 2 Section 3 Section 4 Section 5 SIGNATURE PAGE INDEX Title Paae FRINGE BENEFITS ............................................................... 22 HealthJLife Insurance ............................................................. 22 Uniforms, Rain Gear & Safety Equipment.............................. 23 Education Tuition Assistance ................................................. 25 Parking Facilities .................................................................... 26 Employee Assistance Program (EAP).................................... 27 LEAVES ................................................................................. 27 Vacations .... ....... ............. ........ ..... ... ........ ............... ... ......... .... 27 Holidays ......... '" ............................... ............. ..... ......... ........... 29 Sick Leave..... .................. ............ .... ............... .......... .... ... ... .... 31 Payment of Sick Leave........................................................... 33 Catastrophic Leave ................................................................. 33 Injury Leave .................... ............... ............ .............. ...... ... ...... 34 Leave of Absence Without Pay.............................................. 34 Witness L~ave........................................................................ 36 Blood Donations ..................................................................... 36 Election Leave.. ... ............... .............. ...... ....... ............. ... ... ...... 36 Military Leave ......................................................................... 36 Union President Leave........................................................... 37 Jury Duty ............................................................................... 37 WORKING CONDITIONS ...................................................... 38 Work Periods ......................................................................... 38 Physical Examinations ........................................................... 39 Probationary Period ............................................................... 39 Seniority ................................................................................. 40 Reasonable Suspicion Drug and Alcohol Testing................... 40 General Provisions............................................................... 41 Waiver Clause........................................................................ 41 Severability........ ......... ........................................... ........... ...... 42 Printing of Memorandum of Understanding ........................... 42 Term of Memorandum of Understanding................................ 42 Notice of Intent to reopen ...................................................... 42 ...............................................................................................43 o o o City: Classification: Dav: Exclusion: General Unit: Mandatory and Permissive: MOU: Union: ", DEFINITION OF TERMS The City of San Bernardino Includes titles listed in Section 10 of City Resolution No. 6413, as amended. As it pertains to a holiday, sick leave day or a vacation day, one (1) "day" equals eight (8) hours, unless otherwise specified. Excluded from the General Unit for purposes of representation are: classification titles designated as management/confidential, middle- management or safety, positions established and created under federal contract, and temporary, part-time, "provisional and probationary individuals. Includes titles,listed in Section 10 of City Resolution No. 6413, as amended. Additional titles in the General Unit may be established by the Mayor and Common Council. Also reference "Exclusions" above. "Shall" is mandatory; "may" is permissive. Memorandum of Understanding The exclusive bargaining representative for the General Unit 3 General Unit MOU Q o o ARTICLE I - ADMINISTRATION SECTION 1 - Management Rights This Memorandum of Understanding (MOU) shall not be deemed to limit or curtail the City in any way in the exercise of the rights, powers and authority, which the City had prior to adopting this MOU, except to the extent that the provisions of this MOU speCifically curtail or limit such rights, powers and authority. Furthermore, the City retains all its exclusive rights and authority under City Charter, ordinances, resolutions, state and federal laws and expressly and exclusively retains its management rights, which include but are not limited to: the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of selection for employment promotions; direct its employees; establish and enforce dress and grooming standards; determine the methods and means to relieve its employees from duty because of lack of work or other lawful reasons; maintain the efficiency of govemmental operations; determine the methods, means and numbers and kinds of personnel by which govemment operations are to be conducted; determine the content and intent of job classifications; d~termine methods of financing; determine style and/or types of City-issued wearing apparel, equipment or technology, means, organizational structure and size and composition of work force and allocate and assign work by which the City operation~'1tre 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 al1d change work schedules and assignments upon reasonable notice; establish and modify productivity and performance programs and standards; discharge, suspend, demote, reprimand, withhold salary increases and benefits or otherwise discipline employees in accordance with the applicable law; establish employee performance standards including, but not limited to quality and quantity standards; and, carry out its mission in emergencies and exercise complete control and discretion over its organization and the technology of performing its work. SECTION 2 - Employee Rights A. Employees of the City have the right to form, jOin and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer-employee relations, including but not limited to: wages, hours and other terms and conditions of employment. Employees of this City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against by the City or by employee organizations because of the exercise of these rights. 4 General Unit MOU ....'~.......... o B. The City, through its representatives, shall meet and confer in good faith only with representatives of formally recognized employee organizations regarding matters within the scope of representation, including wages, hours and other terms and conditions of employment. SECTION 3 - Contract Services It is not the intent of the City to cause employees to lose their jobs because of a decision to contract work. 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 Union representation unit prior to concluding the research and analysis necessary for the implementation of such a decision, the City will meet and confer in good faith conceming the manpower resource considerations involved and receive recommendations from the Onion to reduce the impact upon jobs performed by unit employees. The Union aarees to eliminate meetina with the Drivatization committee until after direction from the Mavor and Common Council. The City will notify the union when seekina direction from the Mavor and Common Council. o The City agrees to refer to the privatization committee in advance of submitting to the Mayor and Common Council any matter conceming the contracting out of services currently performed by General Unit employees. SECTION 4 - Agency Personnel Rules It is understood and agreed that there exists within the City in written or unwritten form certain personnel rules, policies, practices and benefits generally contained in "Civil Service Rules and Regulations for the Classified Service"; Resolution No. 6433, as amended; Resolution No. 10584, Establishing Uniform and Orderly Methods of Communications Between the City and its Employees for the Purpose of Promoting Improved Employer-Employee Relations, as amended; and, Resolution No. 10585, Adopting Rules and Regulations Relating to Employer-Employee Relations, as amended, which documents will continue in effect, except for those provisions modified by the Common Council in accordance with state laws, orders, regulations, official instructions or policies. In the cases of proposed changes to the resolutions other than by agreement, the Union shall be consulted with prior to the consideration of these changes by the Mayor and Common Council, except in cases of emergency as defined by the Mayor and Common Council, in which cases the Union will be consulted with as soon as possible after the changes. Any departmental work rules initiated, established and promulgated by the City shall be posted on bulletin boards ten (10) days prior to their effective date, except in emergency situations. A copy of such rules shall be sent to the Union office. The o reasonableness of any disciplinary action taken as a result of a violation of any 5 General Unit MOU , o departmental work rule may be detennined in the grievance procedure at the employee's election. The City shall make reasonable efforts to acquaint employees with work niles. Work rules shall be unifonnly applied. SECTION 5 . Safety Committee There is established an Employee Safety and Accident Review Board and Safety Committee in which the General Unit has membership (three (3) members). The Board will review all recordable accidents (both City equipment and personal injury of City employee) and make recommendations to the City Administrator and Director of Human Resources for all corrective actions in establishing better job safety. The Board will improve safety communications throughout the City and review each accident on or off City property. The Board will investigate all "industrial type" accidents and "vehicular" accidents and make recommendations on how the accident could have been prevented. The Board is expected to establish its own rules of conduct, to elect its own officers ~t the first meeting in January and keep minutes of all its meetings, findings and recommendations. The Committee is expected to. meet no less than once a month at a time agreeable to all members. Upon completion of reviews by the Committee of accidents! incidents, the Committee will make recommendations for corrective measures to o establish safer working conditions and may recommend disciplinary action. It is of mutual benefit to the City and to the employee to be fully aware of and comply with all safety rules and regulations. The City, Union and employees agree to work towards preventing job-related injuries to employees and damage to both public and private property. Guests and/or speakers will be allowed to attend based on advance notice to the City and mutual agreement. In the event a representative from either side is unable to attend a meeting, the spokesperson from each side may, with two (2) working days' notice to the other side, select an altemate from a predesignated pool of employees. The "pool" will consist of up to three (3) employees, whose names will be exchanged by the City and the Union each July. o SECTION 6 . Labor-Management Committee The Labor-Management Committee shall continue for the tenn of this MOU. Its continuing purpose is for the discussion of common problems that are not addressed in other existing procedures. The Union shall designate three (3) representatives to serve on the Committee from different departments. The City shall also designate three (3) 6 General Unit MOU o o o representatives to serve on the Committee. The Committee will select a chairperson who will be responsible for receiving items, establishing agendas and informing participants of the time and place of meetings. The Committee shall normally meet at least quarterly or may meet more often if necessary at a mutually agreed upon time and place. Recommendations shall be considered by management. The Union will provide a list of the three (3) Committee members to the Director of Human Resources each July. Guests and/or speakers will be allowed to attend based on advance notice to the City and mutual agreement. In the event a representative from either side is unable to attend a meeting, the spokesperson from each side may, with two (2) working days' notice to the other side, select an altel"nl!ltefrom a pre-designated pool of employees. The "pool" will consist of up to three (3) employees, whose names will be exchanged by the City and the Union each July. SECTION 7 . Time Off for Employee Representatives The Association may designate up to ten (10) representatives from the Departments/Divisions listed below to meet for one (1) hour per month on City time at the end of the City Hall workday. The Union will submit names of employees to the Human Resources Department prior to the first meeting. The Union will provide any changes in employee names to the Human Resources Department prior to subsequent meetings. The time must be scheduled in advance. Department approval is required for release time. Following is the breakdown of employees by Department/Division: Animal Control City Hall Department or Division Facilities Management Fire Library or SeET A Parks, Recreation & Community Services Refuse Division Police Streets Division 1 1 1 1 1 1 1 2 1 10 Total 7 General Unit MOU o o o ARTICLE II - EMPLOYER-EMPLOYEE RELATIONS SECTION 1 - Recognitlon/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 within the unit of representation. The classification titles of those general regular employees in the unit for which the Union has been recognized exclusively as the exclusive representative are listed under Section 10 of City Resolution No. 6413, as amended, excluding therefrom: position and classification titles designated as management/confidential, middle-management or subsequently so designated by the City, positions established and created under federal contract, and those employees while under provisional or probationary status. The granting of "exclusive" recognition shall not preclude employee self- representation in matters where individual rights, protections and concerns are involved; provided, however, the representation rights of the Union as exclusive representative shall not be compromised thereby, If a unit member does not wish to be represented by the Union in matters pertaining to grievances and disciplinary appeals and wishes to represent himself /herself, such member shall be required to provide the Union and the City with a signed statement waiving the right to Union representation in such matters. SECTION 2 - No Strike It is the purpose of the MOU, for the parties hereto, to confirm and maintain the spirit of cooperation, which has existed between the City and the employees of the City. It is recognized that any work disruptions are unproductive to City operations and services provided to its citizens. The Union and the City agree that they shall, at no time or in any way, jeopardize the public health, welfare and safety of the City's business and residential communities. Thus, the Union and the City will strive to promote a harmonious relationship between the parties to this MOU that will result in benefits to the City and will provide continuous and uninterrupted employee services. It is, therefore, further agreed that the Union shall not, on behalf of itself and its members, individually or collectively engage in any curtailment or restriction of w~rk at any time during the term of this MOU. SECTION 3 - Payroll Deduction for Union Dues The City agrees to provide Union dues deductions for Union members only as long as the Union remains the exclusive representative for the employees within the bargaining unit. Conversely, no other employee organization shall be permitted 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 8 General Unit MOU ~. o o ,.,.,. '.~- ," ~.._.,- article for therernittance of any sum other than that constituting actual deductions made from employee wages earned. Dues shall be deducted from the pay of each employee who signs the authorized payroll deduction card as a monthly sum certified to the City by the Secretary of the Union as the regular monthly Union dues and insurance fees. The amount of dues shall be affixed to each authorization card by the Union. A letter of authorization, signed by the Union SecretaryfTreasurer, indicating the date of the meeting and approval of dues by the general membership, shall constitute proof. The City will not deduct any pay for initiation fees, fines or other special assessments. Dues deduction shall be a specified uniform amount for each employee and any change in the amount of dues deducted shall be by written authorization from the Union, provided however, that the Union shows proof that the general membership has voted and approved any change in the amount of dues. The employee's eamings 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 eamings, nor will the member deposit the amount with the City which. would have been withheld if the member had been in a pay status during that period. All other legal and required deductions have priority over employee organization dues. Dues withheld by the City shall be transmitted to the office designated by the Union in writing at the address specified in the letter of authorization. All unit members who were members of the Union on June 1, 1999, and those employees who thereafter become members shall remain as members in good standing of said Union the duration of this MOU, except as provided for in this article. During the first full work week in June, a member may request to the Finance Department in writing, with a copy to the Union President, to withdraw hislher authorization for dues deduction, which shall become effective in the first payroll period in August. The Union shall indemnify, defend and hold the City harmless against any claims made and against any suit instituted against the City in regards to employee organization dues. In addition, the Union shall refund to the CitY any amounts paid to it in error, upon presentation of supporting evidence. SECTION 4 . Grievance Procedure Definition of Emolovee Grievance: A grievance is an alleged violation of the terms of the MOU or of the laws, ordinances, resolutions concerning or affecting wages, hours or other conditions of employment. The remedy selected by the employee shall be the exclusive remedy pursued, either through the grievance procedure or through o disciplinary appeals to the CMI Service Board. If the employee chooses to appeal 9 General Unit MOU --,,----..- o disciplinary action to the Civil Service Board, he/she shall be precluded from filing a grievance. Additionally, allegations of discrimination and harassment may be submitted to the Equal EmDlovment Officer. As used in this procedure, the term "immediate supervisor" means the lowest level of supervisor not within the general employee representation unit. The procedure provides a mechanism for settling the grievance informally with the "immediate supervisor," up to and including the Division Head. If this proves unsatisfactory, the grievance may be formally presented to the Department Head or designee, the Director of Human Resources, and finally to the City Administrator who will be the ultimate authority. The aggrieved employee shall have the right to be represented, if he/she desires, by the designated Union representative. Workine Dav: - As used in this section, .working day"' shall refer to the employee's working day or to the working day of the other party involved (supervisor, Division Head, Department Head, Director of Human Resources, City Administrator and/or their designees), depending upon whose response or action is pending. o Procedural SteDs for Handline Grievances: A. Informal: An attempt shall be made to ascertain all facts and adjust all grievances on an informal basis between the employee and a supervisor in the employee's chain of command, up to and including the Division Head. Presentation of the grievance must be submitted to the Informal Step within ten (10) working days of the incident causing the grievance or of the grievant's knowledge of the incidenfs occurrence. The date and the subject of the incident should be provided with the request for the informal meeting. Within ten (10) working days of the presentation of the grievance, the supervisor shall provide an oral response to the employee. The supervisor will document (for record purposes) hislher response to the employee in the event the grievance proceeds to the Formal level. B. Formal: o 1. If the grievance is not adjusted to the satisfaction of the employee involved, the grievance shall be submitted in writing by the employee or his/her designated representative to the Department Head or his/her designee within ten (10) working days from the date of the oral response. The Department Head or his/her designee shall meet with the employee and/or his/her designated representative within the next ten (10) working days of receipt of the written grievance and shall deliver hislher answer in writing to the employee within ten (10) working days after the meeting. 10 General Unit MOU () 2. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the Director of Human Resources within ten (10) working days from the date of delivery of said answer. The Director of Human Resources or hislher designee shall meet with the employee, and if the employee desires, the designated Union representative, within ten (10) working days after receipt of the appeal and shall deliver hislher answer in writing to the employee within ten (10) working days after the meeting. 3. If the grievance is still not adjusted, the aggrieved party may file a written appeal with the City Administrator or his/her designated representative within ten (10) working days from the date of delivery of said answer. The City Administrator or his/her designated representative shall deliver his/her answer in writing within ten (10) working days after receipt of the appeal. ,~ o 4. The decision of the City Administrator or hislher designated representative is final and binding on all parties, unless reversed by a court decision. 5. All-grievances shall be treated as confidential, and no publicity shall be given the final resolution of the grievance. C. Time Limits: Any grievance r('> 1II-"l9red by the City within the specified time limit listed above shall be deemed settled on the basis of the Union's original demand. Likewise, any specified adjustment not appealed by the employee or his/her designated representative within the specified time limits listed above shall be deemed settled on the basis of the last City official's answer. Time lines as above may be extended by mutual agreement only. D. Consolidation of Grievances: In order to avoid thE:! necessity of processing numerous similar grievances at one time, a single 'class' grievance may be filed as long as the grievances are from employees within a single department. The City also has the right to consolidate responses to such grievances. If the grievant is a group of three (3) or more employees within a department, the group shall appoint one (1) or two (2) employees who signed the grievance to speak for the collective group throughout the grievance process. SECTION 5 . Union Representation When requested by an employee, a steward may represent an employee in a grievance, as defined in Article II, Section 4, Grievance Procedure. 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, with two (2) working days' advance written notice to and with the approval of, the immediate supervisor, who shall notify and obtain the concurrence of the DMsion or Department Head. Approval to o investigate and process a grievance will not be unreasonably withheld. 11 General Unit MOU ~~ o ~ o ,.... .. '.~'''''''';'...".,.~...;._.,._,. The privilege of stewards to leave their work during working hours without loss of time or pay is subject to the understanding that time will be devoted to the proper handling of grievances within the unit of representation, will conform to department work rules and will not be abused. Stewards will perform their regularly assigned work at all times, except when necessary to leave their work to handle grievances as provided herein. A steward will not be granted time off nor compensation for the purpose of handling grievances outside the unit of representation, which the Union has been exclusively recognized within the City. A steward may be allowed leave of absence without pay by the Mayor and Common Council to attend Union training courses and Union conventions if the Department Head concurs. A ratio of one (1) steward for every fifty (50) permanent employees in the unit shall be recognized by the City. Any substantiated abuse of the privileges accorded stewards with regard to reasonable time off and compliance with the requests of his/her immediate supervisor, or conflicts which arise between duty requirements and the handling of grievances, may be cause to suspend this privilege, and both parties will call an immediate special consultation' between the City Administrator or hislher designated representative to resolve the problem. Punitive action shall not be taken against employees for performing their duties as stewards. The Union shall fumish the Director of Human Resources 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 . Employee Lists The City agrees to provide the Union with a list of names of the General Unit by City department, every six (6) months, beginning in January of each year. SECTION 7 . Skelly Rights It is mutually agreed that the City subscribes to the concept and application of progressive discipline. Discipline shall be imposed upon an employee only for just cause. If the employer has reason to reprimand an employee, it shall be done in a manner that will not embarrass the employee before other employees or the public. When an action for suspension or termination has been taken, subject to appeal, the employee will be apprised of the action, the reason therefor and will be provided with a copy of the charges including material on which the action was based. 12 General Unit MOU , . o ~ o . .--- --""-'.' ".,,~,".^, Employees have the right to Union representation as provided under Government Code Section 3500 et seq. (Meyers-Mllias-Brown Act). A. The employee shall receive advance notice of the proposed disciplinary action. Reasonable advance notice shall be provided to the employee. B. The notice must contain the reasons and the charges upon which the proposed action is based. . C. The notice must also contain a statement of the events or circumstances upon which the action is based. D. is based. The employee must be given the materials, if any, upon which the action E. The employee shall have the right to respond either orally or in writing within five (5) working days of receipt of Skelly package to the appointing authority (Department Head/Division Head),imposing the discipline. F. The disciplinary procedure should be used for all serious disciplinary actions, which 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 or Union membership. Union membership also includes Union activities. Further, there shall be no discrimination against qualified individuals with disabilities as defined by the Americans with Disabilities Act (ADA) of 1990, when those individuals do not pose a risk to the health or safety of themselves or others. The ADA expressly identifies reassignment to a vacant position as one form of reasonable accommodation. SECTiON 9 - Personnel Files A. The Human Resources Department shall keep and maintain an official personnel file for employees, which shall contain information relative to the employee. No other files, records or notations shall be official except as 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. 13 General Unit MOU o ~ o B. An employee's department may maintain a file pertaining to an employee, which shall contain job-related infonnation only. It shall be the supervisor's responsibility to infonn the employee, with a copy thereof, of any detrimental material in . the file that may affect the employee's perfonnance 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 ~he Union agree that an employee's failure to challenge any material in such file does not justify the conclusion that the employee is in agreement with any such materials. Such files shall not contain a copy of any disciplinary action against an employee. C. Employees and lor their authorized representatives, if authorized by the employee, shall have the right upon written request to review the contents of their official personnel files and department files. Such review may be made during working hours with no loss of pay for time spent, and the employee may be accompanied by his/her authorized representative if he/she so wishes. Reasonable requests to copy documents in the files shall be honored. D. A copy of any di~ciplinary action or material related to employee perfonnance, which is placed in the personnel file, shall be served upon the employee (the employee so noting receipt), or sent by certified mail (retum 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 hislher current address. E. A full-time, pennanent employee shall have thirty (30) working days in which to file a written response to an employee perfonnance evaluation entered In his or her personnel file. Such written response shall be attached to the employee perfonnance evaluation. The thirty (30) working days will commence with the date the employee receives the evaluation for signature. The Human Resources Department will distribute to all City departments a memorandum explaining employee perfonnance evaluation response procedures for General Unit employees. 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 hislher designated representative and a Union representative will meet as soon as possible to resolve the problem. 14 General Unit MOU - c ~ o '-:":~-""'_''''';-)''''''''}_.'''~.'''''"-:''' SECTION 11 - Budget Documents The City agrees to provide the Union at no cost one (1) copy of the annual financial report, preliminary budget, final budget and resolutions or ordinances as requested by the Union. SECTION 12 - Employee Orientation The City will distribute the Memorandum of Understanding, or contract term and conditions, as part of the employee orientation program conducted by the City for new employees. The City will allow the union to make a presentation at emplovee orientations. SECTION 13 - New Employee Information Once per month, the Human Resources Department will fumish the Union with information on new General Unit employees, excluding their home addresses. Data will include name, title, department, department phone number and date of hire. Data will not be provided until at least ten (10) working days following approval of the appointment by the Mayor and Common Council. SECTION 14 - Mailbox The City will offer a mail slot for the General Unit in the mail room area City established for City departments. ARTICLE III - COMPENSATION SECTION 1 - Salaries Salaries are per Resolution No. 6413, Section Ten, as amended by the Mayor Common Council. A three percent (3%), salary increase shall become effective January 1,2000., for all unit employees. A two percent 12%), salary increase shall become effective January 1. 2001.. The City. at Its eXDense. aarees to conduct a classification and comDensatlon studv of POSitions In the General Unit. The City further &arees that the study will be comPleted prior to the expIration of the contract. 15 General Unit MOU c ~ o SECTION 2 . PERS For any employee hired on or after January 1, 1998, the City will pay five percent (5%) of the seven percent (7%) members' contribution to PERS credited to the employee's account as a fringe benefit. Upon said employees completing five (5) years of service, the City will pay two percent (2%) additional of the members' contribution to PERS credited to the employee's account as a fringe benefit on the first pay period of the sixth year of service. The City contracts with PERS for employees' retirement benefits. General Unit employees are normally eligible for .Service Retirement" once they reach age 50 and have five (5) years of PERS-credited service. There is no compulsory retirement age for employees, such as General Unit employees, who are local miscellaneous members of PERS. Employees inquiring about exceptions or about disability retirement should contact the City Human Resources Department or a PERS Area or Field Office. The City will pay the employer contribution for the Fourth level 1959 Survivors' Benefit. The City will amend its PERS contract to provide the 2% @ 55 retirement benefit, effective June 30, 2001. The cost associated with this amendment will be borne bv the Cltv. SECTION 3 . Overtime All employees in the General Unit (exempt as well as non-exempt) will receive overtime based on the requirements of the Fair labor Standards Act (FlSA). Overtime work shall not be authorized unless the employee has obtained the prior approval of his/her Department Head or designated Division Head. Emergency overtime work may be authorized by the employee's supervisor without such prior approval, if obtained at the ear1iest possible time after the performance of emergency work. In instances where standby and call-back work is required and directed, it shall be regulated by, and paid in accordance with, the provisions contained in Article III, Section 5. Comoensatorv Time Bank: When an employee works overtime, he or she shall eam overtime at the FlSA rate. Following prior approval of overtime as described above, the employee will either be paid for the overtime worked or the number of overtime hours worked will be placed in a compensatory time bank, based on the employee's request. The Finance Department (Payroll) will track the compensatory 16 General Unit MOU c ~ o time accrued and used, and the compensatory time balance will appear on the employee's paycheck. Department Head approval will be required in order for employees to use time from the compensatory time bank. Once an employee's compensatory time bank reaches eighty (80) hours, the employee will be paid for all subsequent overtime worked. By the end of each calendar year, an employee's compensatory time bank must be reduced to forty (40) hours. Any hours in the compensatory time bank in excess of forty (40) hours as of as of June 30 of each year will be paid at the employee's regular rate of pay, and will be included on the first paycheck in December (December 15). If the employee terminates employment or if the employee is promoted to a position in the City, the compensatory time bank will be paid off at the then current rate of pay. SECTION 4 . Higher Acting Classification Pay Upon approval. by the City Administrator, a Department/Division Head may assign or reassign a qualified unit employee to discharge the duties of a higher classification when a position is vacant or in the absence of the incumbent. An employee so assigned in writing by the Department/Division Head, with the approval of the City Administrator, shall receive acting duty pay starting on the sixth consecutive day of each acting duty assignment. No acting duty pay will be paid for the first five (5) days of each acting duty assignment, except for those employees who can prove that they have served a total of twenty (20) days in a higher-acting classification during the previous twenty-four (24) months, based upon their official Human Resources Department records. The entire period of assignment at the higher classification, including the initial work demonstration period, may not exceed sixty (60) working days, except by the mutual agreement of the City and the employee. Effective with the siGninG of the new contract. emDlovees of the Refuse Division assiGned to a hiGher-actlnG Dositlon will be eliGible for hlaher-actlna DaY from the first day they are assiGned to work In the hlGher-actlnG Dosition. An employee assigned to work in a higher classification on an acting basis shall receive at least five percent (5%) above his/her current base rate of pay. The City will not circumvent the intent of this article by using various employees to thwart the intention of this article. 17 General Unit MOU o ~ o -, <. ."._",... _.. .' SECTION 5 . Classification Appeal Employees who believe they are performing duties of a higher level outside of their current classification, and who believe they have been unable to resolve the situation satisfactorily, shall have the right to appeal their issue via the current grievance procedure (Article II, Section 4). SECTION 6 . Call-Back/Standby Assignment & Pay An employee who is free to engage in hislher own pursuits while off duty, subject only to carrying a beeper or to the understanding that the employee leave word at his/her home or the with the Department Head or designee) where he/she can be reached, is not working while on standby. If called back, the employee shall be paid for the time actually worked in accordance with Article III, Section 3. If a Department Head places an employee on standby, defined as the employee being in a state of readiness and jmmediate availability to come to work outside of their normal work hours, the Union and the City hereby agree that the following is compensation in full for the hours of work of the employee when in such standby status: Standbv Status Hrs Comoensated For the employee's five (5) work days during their work week (or prorate at 1.0) 5 work hours For the employee's two (2) non-work days during their work week (or pro rate at 2.5) 5 work hours OR, For all seven (7) days during a work week 10 work hours AND, For any holiday, as described in this MOU, during which the employee stands by for all or any portion of the 24 hour day 1 extra work hour per holiday - added to the above The hours described above will be treated as time worked and paid at the rate of time-and-one-halt (1-112). This amount will be paid, in addition to compensation for actual time worked, when the employee is called to work from standby status. The time worked shall also be paid at the rate oftime-and-one-halt (1-112). gffectIve Januarv 1, 2002. emmo,,"s of the Animal Control Division assiGned to standby status shall be comDensated at the rate of two ~ hours DaV D~-1av for such status. 18 General Unit MOU (; Co o ---,,- General Unit Call-Back Pav: An employee cannot be in standby status and call- back status at the same time. Employees not formally assigned to standby status may still be called back to work. If reached by their supervisor and called back to work, the employee will be paid for actual hours of work at the FlSA overtime rate of time-and-one-half (1-112) unless the employee has worked less than forty (40) hours in the work week due to use of paid or unpaid sick time. In such cases employee will be paid straight time. Department Heads may, however, pay at the overtime rate of time-and-one half (112) 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-a-half (1-112) hours of work. The General Unit employees covered by this MOU are not so severely restricted in their activities while in standby status as to be "working while 'on call'. as that term is used in the Fair labor Standards Act 29 CFR 785.17. Departments and Divisions, which utilize call-back/standby will prepare a qualified list of employees. Department/Division Heads will consider the following factors in establishing and maintaining call-back and standby lists: employee seniority; special qualifications; skills; and/or, voluntary work assignments. For Departments and Divisions assigning call-back and standby on a rotation basis, only the employee who appears first on the list may reject an assignment to call- back or standby. Rejecting an assignment will automatically place the first employee at the bottom of the list. The employee listed next must take the assignment. Departments and Divisions may use procedures that vary from the above, if the procedures are: (1) consistent with Department/Division work rules; or, (2) implemented result of an emergency situation. Emolovee Court Subooena Time: All City employees appearing in court on their day off for a work-related court subpoena will receive compensation for the actual time spent in court., with a three (3) hour minimum. Additionally, employees will receive one- half (112) hour travel time for going to court. Employees will be reimbursed for all parking fees associated with the court appearance. In the event an employee is placed on standby on their day off for a work-related court subpoena, the employee will receive three (3) hours standby pay for each day on a standby status. For moming standby subpoenas where employees are called to court and do not go beyond 12:00 p.m. on that day, total compensation will consist of the three (3) hours standby along with one-half (112) hour of travel time. If employees have to appear in court after the noon recess, the actual additional time along with one-half (112) hour of travel time will be added to the three (3) hours standby. In cases where the subpoena 19 General Unit MOU Q ~ o _", .-.""''''''_.~~,"s.., ~"_'.""_,,,_,;'__; is for 1 :30 p.m. or another time, the standby will start with the time stated on the subpoena. All court-related compensation will be paid as time worked and at the appropriate straight time, or where applicable, at the FLSA overtime rate. Such compensation is in addition to compensation for any prior time actually worked pursuant to suCh subpoena. It is hereby agreed by and between the parties hereto that the General Unit employees covered by this provision are not so severely restricted in their activities while on standby status as to be "working while 'on call'," as that term is used in the Fair Labor Standards Act 29 CFR 785.17. SECTION 7 - Shift Differential Unit employees assigned to the Communications Division, Identification Bureau, Patrol and Police Records within the Police Department, and the garage within the Public Services Department, shall receive the following pay differential in addition to their pay for actual shift work designated as either the swing or graveyard shift. A. An employee assigned to the~ing shift (normal start and ending time of 4:00 p.m. to 12 midnight, respectively) shall receive J65 per month extra for all hours actually worked during such assignment; or, B. An employee assigned to the graveyard shift (normal start and end time of 12 midnight to 8:00 a.m., respectively) shall receive }100 per month extra for all hours actually worked during such assignment. C. Anv emDlovee who is Dermanentlv assigned to the swing or graveyard shift will receive the additional monthlv Dav. The additional Dav will onlv begin and end on the 1st and the 16th of the month. Whenever Dermanent swlna or graveyard shift emDlovees work overtime on another shift. their houri\(" Dav will Include the additional monthlv Dav. D. Anv non-swlnalgravevard shift emDlovees who work overtime In a swing or graveyard shift will onlv be Dald at the regular rate of Dav (no additional differential Davl.. E. The DeDartments bv memo will Inform Payroll which emDlovees are Dermanentlv asslaned to swing and graveyard shifts and should receive the additional monthlv DaV. Permanent Is defined as working thirty (~ days or more. 20 General Unit MOU o - SECTION 8 - Personal Tool Replacement Allowance The City shall provide a tool replacement allowance for damaged, lost or stolen personal tools in an amount not to exceed $350 per year, per employee. Only those employees in the following position classifications shall be entitled to such allowance: DeoartmentlDivision Classificationls) 1. Fleet Division 2. Engineering 3. Facilities Management Division Mechanics & Lead Worker Traffic Signal Electricians Maintenance Personnel (includes Plumbers) & Electricians I & II Mechanics 4. Fire Department-Maintenance Shop co Claims against the above tool replacement allowanCe shall be honored provided when: (1) the personal tools had been required by the City; (2) the tool had been marked and inventoried by the el1,lployee; (3) a report of such inventory had been filed with the Department Head; and, (4) said tools had been properly maintained. Tools stolen or damaged through no fault of the employee will be replaced by the employee and reimbursement thereof will be made by the City, after submission of an appropriate City form accompanied by an approved invoice or receipt. 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 MOU, all newly-employed mechanic personnel in the Fire Department and Fleet Division, who may be required by their Department Head to purchase personal metric tools in order to effectively accomplish work assignments, shall be eligible to receive a one-time tool purchase allowance not to exceed $100 to assist in making such purchase. SECTION 9 -Fines The City shall pay for court fines imposed upon any permanent General Employee within the unit of representation as a result of hislher conviction of a violation as a result of being directed to operate any faulty vehicle or equipment, where such fault is the proximate cause of the violation. SECTION 10 - Bilingual Pay General Unit employees, as designated by the City Administrator and who meet o the certification and eligibility requirements as developed by the City, shall be 21 General Unit MOU o ~ o compensated at the rate of fifty dollars ($50) per month. The duties of the employee receiving bilingual pay may be reviewed annually to determine that bilingual duties assigned to an employee are being performed on a regular and frequent basis. The designated employees may be tested annually for certification and recertification. Not more than twenty (20) General Unit employees may be designated to receive bilingual pay. The City Administrator or designee will retain the right to select the twenty (20) eligible employees and to determine the departments where use of employee bilingual skills would be best served. The City shall reserve the right to determine languages for which testing will be conducted. SECTION 11 - Reclassification The City agrees to bring forward a request to reclassify four (4) Police Records Clerk II's to the Mid-Management Unit. ARTICLE IV - FRINGE BENEFITS Section 1 - Health/Life Insurance A. As of January 1. 2001., the City will contribute an additional $20/month toward health premiums for unit employees, exclusive of subsection C: (1) for Employee plus One or More Dependents, the $20/month will result in an increase to a flat rate of $335/month; (2) for Employees with No Dependents, the $20/month will be added to the Kaiser South premium for Employees with No Dependents. As of SeDtember 1999, the Kaiser South premium for Employees with No Dependents was }224.06/month. If, at the time of the next open enrollment this rate varies, the City will make the appropriate adjustments. Insurance benefits available for purchase by employees include medical, dental, vision, life, long-term disability and accidental death and dismemberment, as made available through the City. Any contributions not utilized by an employee shall revert to the City. B. An employee must purchase medical insurance offered through the City in order to utilize the contribution described in subsection A. C. The City shall contribute a maximum of sixteen dollars ($16) per month per retired employee to be used exclusively for the purchase of medical insurance benefits. D. City contributions not utilized by an employee revert to the City. 22 Genera/ Unit MOU c ~ :>0 .--.. . ..^- -.,- ".~ E. Cafeteria monies may be redesignated or a change of plans may be made in accordance with the rules established by the insurance plan selected by the employee. Plan additions and drops are permitted in accordance with the rules established by the plans selected by the employee. F. An employee may not add another City employee as a dependent or be added to another City employee's City health plan as a dependent, in order to receive "double coverage." G. Death and employee. H. Each member of the bargaining unit is eligible to participate in a City~ sponsored program of annual cholesterol checks and dietary counseling. The City shall provide each employee with $10,000 Life and Accidental Dismemberment (AD&D) plan insurance coverage at no cost to the I. All employees shall participate in the City-sponsored Long- Term-Disability (LTD) insurance plan. The City will pay one hundred percent (100%) of the LTD insurance plan premium for employees during the length of this contract, effective with the sianina of the new contract. A. Section 2 - Uniforms, Rain Gear & Safety Equipment The City shall provide uniforms for the following position classifications: 1. Animal Control Division: Animal Control Officer Registered Veterinary Technician Animal Shelter Attendant Senior Animal License Checker 2. Cemetery: Park Maintenance Worker" Park Maintenance Worker III 3. Engineering Division: Traffic Signal Electrician Maintenance Worker I and" and Lead Maintenance Workers assigned to Signing & Striping Electrician I and" assigned to Street Lighting 23 General Unit MOU o ~ o . , employee. Plan additions and drops are pennitted in accordance with the rules established by the plans selected by the employee. F. An employee may not add another City employee as a dependent or be added to another City employee's City health plan as a dependent. in order to receive "double coverage." G. Death and employee. The City shall provide each employee with $10.000 Life and Accidental Dismembennent (AD&D) plan insurance coverage at no cost to the H. Each member of the bargaining unit is eligible to participate in a City- sponsored program of annual cholesterol checks and dietary counseling. I. All employees shall participate in the City-sponsored Long-Tenn-Disability (LTD) insurance plan. The City will pay one hundred percent (100%) of the LTD insurance plan premium for employees during the length of this contract, effective with the sianina of the new contract. Section 2 . Uniforms, Rain Gear & Safety Equipment A. The City shall provide unifonns for the following position classifications: 1. Animal Control Division: Animal Control Officer Registered Veterinary Technician Animal Shelter Attendant Senior Animal License Checker 2. Cemetery: Park Maintenance Worker II Park Maintenance Worker III 3. Engineering Division: Traffic Signal Electrician Maintenance Worker I and II and Lead Maintenance Workers assigned to Signing & Striping Electrician I and II assigned to Street Lighting 23 General Unit MOU c ~ o 4. Facilities Manaaement Division: Custodian Electrician II Electrical & HV AC Mechanic Maintenance Plumber II Parking Control Checker Storekeeper 5. Parks. Recreation & Community Services: Maintenance Plumber II Parks Maintenance Lead Worker Parks Maintenance Workers I, II & III Park Projects Coordinator Landscape Inspector II 6. Police & Fire General Emolovees: All permanent personnel in the bargaining unit as designated by the appropriate Chief. . 7. Public Services DeoartmentlFleet Division: All full-time, general unit employees assigned to work on vehicle and equipment will receive uniforms. 8. Public Services DeoartmentlRefuse Division: All full-time, general unit employees assigned to collect solid waste will receive uniforms. 9. Public Services DeoartmentlStreet Division: All full-time, general unit employees assigned to field operations will receive uniforms. B. The City shall make appropriate rain gear available for Refuse Operators, Cemetery personnel, Facilities Management Maintenance personnel, Animal Control personnel, Parking Control Checkers, Traffic Signal Electricians of the Engineering Division, field Community Service Representatives in the Police Department and those personnel in the Street Division and Parks, Recreation & Community Services Department who may be required to work in inclement weather. At least ten (10) sets of rain gear shall be maintained and made available on loan as needed to employees in the Fleet and Engineering Divisions. 24 General Unit MOU o o o " "h"",.".. C. unitonn. The City shall provide unifo"!1s to any employee required to wear a D. The City shall Durchase uniform shorts for use as Dart of the uniform. Each deDartment will establish Guidelines for wearinG shorts and emDlovees will not be allowed to wear shorts when Derformlna actMties that may create a safety hazard. Section 3 . Education Tuition Assistance A. Purnose: 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 pertonn their present duties and prepare them for increased responsibilities and to provide financial assistance to eligible employees for education and training. B. Procedures: Employees will submit copies of their approved applications to the Human Resources Department according to City pollicies and procedures. Employees must include official verification of their final grades with appropriate receipts for tuition costs. These will be retumed to employees upon request. Applications not submitted to the Human Resources Department according to City policies following completion of the course become void. C. Eliaibilitv: 1. Applications for tuition reimbursement will be considered only from full-time, regular 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 occupational specialty. 4. Courses not ostensibly related to the employee's job, but which are required to qualify for a degree that is directly related to hislher jOb may be reimbursable only after all required occupationally-related courses have been completed. (For example, a Fire Engineer is a candidate for an AA 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.) 25 General Unit MOU o o o . .-. ",-"_,~~-,,,,~~"""'..,-~,." 5. 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. No mail-order courses will be approved. Workshops, seminars, conferences and similar activities not identifiable as a formal course of instruction within the recognized educational institution do not fall within the purview of this program, but . may be authorized and funded by the department upon approval of the City Administrator. D. Reimbursement: 1. Reimbursement will be for the cost of tuition or registration fees on the required textbook(s) for each course, subject to the limits found in this article. Additional expense such as meals and parking fees are not reimbursable. The Director of Human Resources will recommend approval or disapproval based on the availability of budgeted funds for reduction tuition assistance. 2. Costs for required texts are eligible for fifty percent (50%) reimbursement. The employee ml;ly retain the books. 3. Tuition or registration costs of twenty-five dollars ($25) or less are eligible for one hundred percent (100%) reimbursement. Tuition costs in excess of twenty-five dollars ($25) are eligible for seventy-fIVe percent (75%) reimbursement. 4. Maximum tuition and book reimbursement per semester is one hundred twenty-five dollars ($125). Summer session shall be counted as a separate .semester" for purposes of this provision. 5. Employees shall be limited for purposes of tuition reimbursement to a maximum of two (2) collegiate level courses of not more than a total number of units equivalent to. six (6) semester units per semester. One (1) quarter unit shall equal two- thirds (213) of one (1) semester unit. 6. Prior to receiving reimbursement, employees must submit documentary proof of their final grades. If objective ratings are not rendered for a specific course, then a certificate of successful completion must be submitted. 7. When an employee is required by his/her Department Head to attend a particular course or seminar, the expense shall be borne entirely by the department and outside of this article. SECTION 4 . Parking Facilities The City agrees to meet and confer with the Union in the event there are any future costs imposed upon. employees for parking. 26 General Unit MOU o o o . -- ~ "'-.-,, ~', . SECTION 5 - Employee Assistance Program (EAP) The City's Employee Assistance and Counseling Program (EAP) is designed to help employees and their immediate families find direction in solving personal or emotional problems. All counseling services are completely confidential. The Human Resources Department maintains a supply of brochures explaining the program more fully. ARTICLE V . LEAVES SECTION 1 - Vacations A. All employees within the bargaining unit covered by this MOU shall be entitled to annual paid vacations as follows: Completed Years of Continuous Service*' Rate of Accrual Der Dav Period Equivalent Hours Per Year 1 year** 5 years 15 years 20 years 3.33 hours 5.0 hours 6.667 hours 8.33 hours 80 hours 120 hours 160 hours 200 hours status. *Service year begins on initial date of employment in a full-time, regular **No vacation granted or accrued, if service is less than one year. At the time of voluntary and involuntary termination of employment, an employee shall be entitled to receive compensation for the number of vacation hours, which have been accrued but not used. In the event said employee has been permitted to take vacation, which exceeds number of hours actually accrued, a deduction shall be made from the employee's final compensation for the number of hours in excess of the accrual. B. The amount of accrual shall not exceed the specified number of hours granted per year. C. Employees shall not be permitted to work in their City position in lieu of taking vacation in order to receive additional compensation. D. Vacation credits may be accrued and accumulated up to a maximum of two (2) years total accumulated vacation credits upon approval of the Department Head, as per the employee's rate of accrual. Vacations or portions thereof from a prior year 27 General Unit MOU o o o - --",,__L.._____. may be taken consecutively with vacations or portions thereof of a succeeding year, subject to the approval of the of the Department Head. Except as approved by the Department Head, no vacation or portion thereof from - a prior year shall run consecutively with the vacation of a succeeding year; and, a period of three (3) or more months should normally elapse between the expiration of one year's vacation and the commencement of the next year's vacation. Requests to utilize accrued vacation shall be submitted in writing on City approved forms to the Department Head. Department Heads shall respond to vacation requests submitted on City approved forms within fIVe (5) work days. Department Heads shall not unreasonably delay responses to employee vacation requests. Nothing in this article shall be construed to prevent a response to the employee's request before the expiration of five (5) work days. The vacation period to which any employee shall be entitled shall be . assigned by the Department Head in the calendar year when due, except when the - Department Head with the approval of the Mayor determines that an emergency or other valid factors prevent the ~mployee from utilizing hislher vacation during the calendar year when due. Should this occur, the employee's vacation - should be rescheduled at the very earliest mutually acceptable date. E. Upon termination, payment for earned vacation or deduction for uneamed 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 Bemardino City Board of Water Commissioners and the San Bemardino Free Public Library Board. City. G. The employee shall not lose any vacation time off due to action by the H. Vacation credits may be taken off in increments according to Department Work Rules with prior Department Head approval. I. When an employee retums 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 retum to service from such approved leave of absence, based upon the total length of service of the employee. 28 General Unit MOU o SECTION 2 . Holidays A. City Designated Holidays: Employees shall be entitled to twelve @ City- designated holidays, the equivalent of ninety-six 96 holiday hours each year. Effective February 2900. Presldenfs Dav will be added to the list of City deslanated holidays. The following days will be holidays for the purpose of this MOU: New Year's Day Martin Luther King, Jr. Day President's Dav 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 "-'pJus sixteen (16)hours of Holiday Account time, per year (see subsection B). o 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 l1ny portion of the working day immediately preceding or succeeding the holiday. If it becomes necessary for an employee to work on any of the above-mentioned holidays, except as provided herein, he/she shall receive pay at the regular rate and shall be allowed another day off at full pay as approved by the Department Head. B. Holidav Account: Effective each January 1st, unit employees will receive sixteen (16) hours in their Holiday Account (formerly known as Floating Holidays). Employees may have more than sixteen (16) hours accrued in their holiday account, but may only carry over a total of sixteen (16) hours holiday time to the next calendar year. Any holiday account hours over sixteen (16) hours on December 31st of each year, will be lost hours. If a holiday falls on a nine- (9) or ten- (10) hour workday, the employee will be paid eight (8) hours holiday pay. The employee may supplement the holiday with accrued vacation holiday account time, or no pay. c Each Department Head shall consider employees' requests for scheduling the sixteen (16) holiday account hours per calendar year, provided however, the final 29 General Unit MOU () right to allot the hours to be observed is reserved exclusively to the Department Head. The Department Head will not unreasonably withhold permission to take time off. On City-designated holidays, new employees with less than six (6) months of continuous service with the City will receive eight (8) hours of holiday pay and will be able to "draw down" one (1) or two (2) hours from their holiday account, depending upon whether they are working a 9/80 or a 4/10 schedule. They may also elect to take one (1) or two (2) hours of no pay. If new employees elect to "draw down" from the holiday account, the hours used will be deducted from the sixteen (16) holiday account hours they receive upon the completion of six (6) months of continuous service. In the event of the employee's failure for any reason to take such holiday account hours during the term of this MOU, the employee shall be paid for hislher holiday account balance upon separation from the City. C. Other Provisions: Employees who, due to scheduling, must work on a recognized City holiday will be compensated on the basis of the number of hours worked on said holiday, excluding lunch/dinner break. The hours accruing to the employee's holiday account for that day shall not exceed eight (8) hours. o If a holiday occurs on a normal day off for an employee, the employee shall receive no additional pay. The decision as to whether in-lieu of time off or pay is to be received shall be based on the availability of funds and needs of the department, as determined by the Department Head. If in-lieu of time off is directed by the Department Head, it may be added to the regular annual vacation period, but must be taken within one (1) year of the date in-lieu time was eamed. Employees of the Public Services, Refuse Division, except clerical employees and certain designated employees of the City Fleet Division needed to support the Public Services, Refuse Division operations, shall enjoy all the holidays listed above as they occur, except for Veteran's Day, November 11; the Friday after Thanksgiving Day and, the holidays observed the day before Christmas and the day before New Year's Day. Said employees shall receive an additional 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. o 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. At the beginning of each calendar year, the City will determine how many of the above holidays fall on a regularly scheduled day off. An employee working on a 30 General Unit MOU -'" .......""""-.'. o 9/80 or 4/0 schedule will accrue the equivalent number of hours of holiday time (holiday account) with one (1) holiday equivalent to eight (8) hours. HOlidays eamed in any twelve- (12) month period may not be accumulated beyond that total number of holidays allowed each year by the MOU SECTION 3 - Sick Leave A. Definition: Sick leave means the absence from duty of an employee because of illness or injury, exposure to contagious disease or attendance upon a member of his/her immediate family who is seriously ill and requires the care of or attendance of any employee. Immediate family means: husband; wife; grandmother; grandfather; mother; father; sister; brother; son; daughter; uncle; aunt; mother-in-law; father-in-law; stepparents; stepchildren; grandchildren; and, step-grandchildren. Sick Leave Usaae for Familv Members: Not more than forty (40) hours of sick leave within any calendar year may be granted to an employee for the care of or attendance upon members of his/her immediate family, as defined above. o Not more than forty (40) hours of sick leave within any calendar year may be approved for an employee for each absence for purposes of attending the funeral of a member of the employees' immediate family. The City may require an'em'ployee to submit evidence of eligibility to use sick leave for purposes of attending the funeral of a member of the employee's immediate family. Sick Leave Usaae for Emolovees: Upon the departmenfs request, an employee must provide a physician's statement to justify a sick leave of forty (40) consecutive hours or longer. If the Department Head finds with just cause that sick leave is being abused, the employee may be required to submit a doctor's statement. o No absence due to illness or injury in excess of forty (40) hours shall be approved, except after the presentation of satisfactory evidence of illness or injury. A certificate from a practicing physician or an authorized practicing chiropractor may be required by the Department or Division Head, and shall be subject to his/her approval conceming such absence. The Mayor and Common Council shall have the power to require that any person claiming the sick leave benefits of this MOU be examined at any reasonable time or intervals by a designated physician, and in the event of an adverse report, to reject such claim for sick leave, in whole or in part and to terminate sick leave compensation. In the event of the refusal of any person to submit to such examination after notification, the Mayor and Common Council may terminate sick leave compensation and reject any claim therefor. The Mayor or Common Council shall have the right to require the presentation of a certificate from a practicing physician or a designated physician stating that an employee is physically or psychologically able to perform hislher work and duties satisfactorily before permitting an employee who has been on sick leave to retum to work. 31 General Unit MOU o In order to receive compensation while absent on sick leave, employees shall notify their immediate supervisor or designee prior to or within thirty (30) minutes of the time set for beginning their daily duties, or as may be specified in Department/Division work rules. Sick leave with pay shall be granted to all regular employees and to all temporary full-time employees whose Positions are funded under federal law who are regularly employed in permanent or federally-funded positions, if such benefit is required by said federal law. Sick leave shall not be considered as a right which employees may use at their discretion, but shall be allowed only in case of necessity and actual personal sickness or disability, except as otherwise provided herein. Whenever an employee is compensated hereunder for sick leave or injury and has not had a vacation at the end of the current calendar year, the employee must take vacation not utilized due to illness or injury during the next calendar year. o B. All full-time, regular employees who have completed the first six (6) calendar months of continuous service with the City shall be granted a sick leave accumulation of forty-eight (48) hours. After six (6) months or more of continuous service, employees who are compelled to be absent from work on account of illness or injury other than that which is compensable under Article V, Section 5, shall be compensated fcir sick leave, provided that such compensation shall cease upon the exhaustion of all accumulated sick leave. Employees shall not accumulate sick leave while compensated under the provisions of Article V, Section 5. Time off with pay for sick leave shall be considered as time worked for purposes of the accrual of sick leave only. Sick leave usage shall not be decreased by the fact that any legal holiday occurs during the time off on account of illness. The words "legal holiday" shall have the meaning ascribed to them in Article V, Section 2. Sick leave shall not accumulate during periods of leave of absence without pay. In the event an employee works less than fifty percent (50%) of the total normal work hours in the pay period, he/she shall accrue no sick leave for such pay period and shall not be credited with the four (4.0) hours sick leave. Sick leave may be accumulated without limit. Approved vacation, sick leave, holiday or compensatory time off shall be considered as time worked for the purpose of computing sick leave benefits only. Whenever the employee uses all allowable sick leave, further absences may be charged against accrued vacation upon approval of the Department Head. If all allowable sick leave has been used and use of accrued vacation is disapproved, the employee will take loss of pay for the time not covered by allowable sick leave. c 32 General Unit MOU o o c -', '::-....~."..""-""._~ SECTION 4 - Payment of Sick Leave A. Sick Leave Sell Back: Effective JanualV 1. 2001. emDlovees with Derfect attendance II' the Drevious calendar vear will be allowed to cash out UD to ~) days (40 hours) of sick leave Der vear. Drovldlna the emDlovee has at least 160 hours In their leave account after the sell back to be ellalble. B. Sick Leave Payment UDOn SeDaration: 1. Retirement: 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 fifty percent (50%) of accumulated, unused sick leave shall be made, provided that in no event shall such compensation exceed 480 hours of such leave. 2. other SeDaratlon in Good Standing: The City and Union aaree to continue to meet and confer on Davment of sick leave at seDaration no later than JanualV 2000. SECTION 5 - Catastrophic Leave Upon request of an employee who is experiencing catastrophic illness, and upon approval of the City Administrator and/or Department Head, leave credits (vacation or floating holidays) may be transferred from one or more employees to the affected employee under the following conditions: A. Sick leave accruals cannot be transferred among employees. B. The employee with a catastrophic illness or injury has exhausted all other leave accruals and has completed at least one (1) year of continuous service with the City. C. The donation must be in four- (4) hour increments of vacation, compensatory time or floating holidays by employees who have completed at least one (1) year of continuous service with the City. D. Employees may not donate leave they would otherwise forfeit. For example, employees who are separating from City employment may donate leave only up to the amount of the payment they would receive upon separation. E. Donations shall be on a form developed by the Human Resources Department Head, signed by the donating employee, approved by the Department Head and verified by the Finance Department. Procedures shall be as approved by the City Administrator. 33 General Unit MOU ..~ ., ,..........~~~~.:.-.~._~- o F. An appeal will be considered on a separate basis, "if denied. SECTION 6 - Injury Leave Effective with the first day of necessary absence for industrial accident or illness leave, eligible employees will be approved to receive Workers' Compensation benefits. Each employee shall be authorized upon hislher written request to utilize the balance of hislher accumulated sick leave, vacation, holiday account and compensatory time credit to augment the amount of temporary disability he/she receives, to the extent the total sum received will result in payment equal to hislher 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. o When employees sustain what they believe to be an industrial injury or illness, they shall request an "Employee Claim for Workers' Compensation Benefits" form from the supervisor. The supervisor is required to give the employees this form within one (1) working day of the City being notified of the injury. The supervisor will log date and time employees were given form on Supervisor's Report of Injury. Employee must retum Employees' Claim form to supervisor to begin the process of filing an industrial injury. In the event the employee is unable to prepare the form due to hospitalization, serious illness or injury, the supervisor or a member of the department/division staff shall prepare the required report. The City shall have the right to require the employee to be examined by a physician designated by the City to assist in determining the length of time during which the employee will be unable to perform the assigned duties, and if the disability is attributable to the injury involved. Should there be a dispute between the physician selected by the City and the physician selected by the employee, a third physician shall be mutually agreed upon between the employee and the City to examine the employee to assist in making necessary medical determinations. If an employee is receiving disability payments, he/she shall be entitled to use only as much sick leave or vacation as, when added to the disability payments, will provide for a full day's pay. SECTION 7 - Leave of Absence Without Pay o Leave of absence without pay is a temporary, non-pay status and absence from duty granted at the request of the employee. Leave of absence without pay may be granted by the City Administrator for a period not to exceed six (6) months, upon the positive recommendation of the Department Head. Under justifiable conditions, said 34 General Unit MOU o o o . ''"''~''''''''.--.'..-. leave may be extended by the City Administrator for additional periods. Leave of absence without pay will be considered favorably, if it is expected that the employee will retum to duty and that at least one of the following benefits will result: increased job ability, protection or improvement of the employee's health, retention of a desirable employee or furtherance of a program of interest to the City. Examples of or conditions for which a leave of absence without pay may be granted are: A. For an employee who is a disabled veteran requiring medical treatment; B. For an employee who is temporarily mentally or physically unable to perform his/her duties; C. For an employee who files for or assumes elected office; E. For matemity or patemity leave, upon the recommendation of the a physician; E. For military leave when the employee has less than one (1) year service to qualify for leave with pay; F. For Union activities, upon designation by the Union. An approved leave of absence without pay for sixty (60) days or less in any calendar year will not be considered a break in service. Leave in excess of sixty (60) days shall result in the advancement of the employee's anniversary date and compensation advancement date to such date as will account for the total period of uncompensated time off. Failure to retum to duty at the expiration of the approved leave of absence without pay shall constitute an abandonment of the position pursuant to Rule 507 of the Rules of the Civil Service Board and shall be prosecuted consistently therewith. The City's contribution towards an employee's health and life insurance premium will not be extended beyond the last day of the month in which a leave of absence without pay begins, if the leave of absence without pay becomes effective during the first fifteen (15) days of the month, nor beyond the last day of the next succeeding month, if the leave of absence without pay becomes effective after the fifteenth day of the month, unless the employee retums to work from leave of absence without pay status prior to the date the City's contribution would be accumulated. In the event the employee desires to maintain full health and life insurance coverage while on leave of absence without pay status, he/she may arrange to pay the insurance premiums for the coverage desired (both the employee and employer portions). It is the responsibility of the employee to contact the City's payroll section in this regard. The payment of the amount of the premiums must be made to the City's payroll section prior to the date on which the City's participation will terminate. Payments must be made monthly thereafter ufltil the employee either retums to work or hislher employment with the City is terminated. 35 General Unit MOU o o o Upon an employee's return to work, the City's contribution . towards the employee's health and lite 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 tenninated between the first and the fifteenth day of the month, or on the first day of the next succeeding month, it the leave of absence without pay tenninates 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 lite insurance premiums of an employee on leave of absence due to any injury or illness arising out of and in the course of hislher employment with the City. In circumstances in which either the Federal Family Leave Act or the State Medical and Family Leave Act apply, the City shall adhere to the requirements of the Acts. SECTION 8 . Witness Leave Employees shall only be entitled to a leave of absence when subpoenaed to testify as a witness in civil litigation involving the City, such subpoena being properly issued by a court, agency or commission legally empowered to subpoena witnesses. This benefit shall not apply in any case in which the subpoenaed employee is a party to the action. Witness leave shall not be charged against any accumulated leave balances and shall be compensated at the employee's base hourly rate. Employees shall only be entitled to paid witness leave it they provide a copy of the subpoena to the City within twenty-four (24) hours of receipt. SECTION 9 . Blood Donations Unit members who donate blood in the interest of the City without receiving compensation for such donation may have the required time off with pay with prior approval of the immediate supervisor for each such donation. This benefit shall not be changed to any accumulated leave; provided however, it the employee is unable to work after such donation, time may be charged to accumulated sick leave or be taken as leave without pay. Evidence of each donation must be presented to the appointing authority to receive this benefit. SECTION 10 . Election Leave Employees may request time off to vOte in accordance with Resolution No. 89- 38, as may be amended. This is attached as an exhibit to the MOU. 36 General Unit MOU . o c c SECTION 11 - MIlitary Leave Unit members on leave for military duty will be compensated pursuant to Military and Veterans Code Sections 395, et seq. The specific compensation and reemployment rights of individual employees shall be determined based upon the applicable requirements and Veterans Code, copies of which may be obtained through the Department of Personnel. All military service shall be counted as City service when calculating whether the employee has twelve (12) months of service with the City. Replacements for unit members on military leave will be hired with regular (rather than temporary) position status. However, they will be subject to layoff when unit employees on leave retum. SECTION 12 - Union President Leave The City of San Bemardino and the San Bemardino City Employees' Association (SBCEA) agree that the duly elected president of SBCEA shall be released from duty when on occasion, outof the necessity of the office, it is necessary for the president of the Association to be in attendance at union-related functions and occasions. Release. shall be for a maximum of forty (40) hours per fiscal year, bealnnlna July 1, 1999. Time off utilized by the president shall not interfere with the employee's regular City position. Time off for these purposes shall be approved in advance by the Department Head or hislher designee. In the event there is a dispute arising out of the amount of time used by the president, the City Administrator or their designated representative and a union representative will meet as soon as possible in an attempt to resolve the dispute. SECTION 13 - Jury Duty Every general permanent employee of the City of San Bemardino and every employee whose position is funded under federal law or is employed in a federally funded position, if such benefit is required by said federal law, are covered by this section. Employees shall provide prior notice to their supervisors regarding jury service. In cases where the completion on any day of such jury service does not exceed a period of four (4) hours duration of the employee's. assigned work shift, it shall be the responsibility of the employee to retum to work within a reasonable time after hislher release or discharge from such jury service on that day. However, where such employee is required to continue in jury service for a period in excess of four (4) hours duration on any such regularly scheduled working day, said employee shall not be required to work on that same day of hislher release or discharge from jury duty. If the 37 General Unit MOU o o o start of the employee's shift is two (2) hours or more prior to the commencement of jury duty, the employee shall be required to report to work. This is subject to adjustment based on the location of jury service. Under such circumstances of compensable jury service, every general permanent employee or every federally funded general employee as aforesaid, shall be paid their regular pay less jury duty fees while serving on jury duty provided a copy of all jury fees paid to the individual employee, less. automobile expenses allowed, are submitted to the City Finance Department. Employees shall notify their superiors of any call for jury service promptly upon receipt of notice thereof, and of any absence from duties due to such jury service in order that a replacement or substitute may perform their duties. When an employee fails to promptly report the receipt of all call to jury service, when so required or fails to promptly notify their superiors regarding the absence for jury service, said employee shall be considered as absent without leave and no salary compensation shall be paid. In the event, during the course of any jury service, an employee is ordered by a judge or other officiall~recognized judicial body into a state of sequester, the employee shall be paid the regular wage during such time of sequester without supplement from any accrued bank of time. Any employee who is summoned to Grand Jury Service shall be entitled to all benefits, restrictions and requirements of this section. ARTICLE VI . WORKING CONDITIONS SECTION 1 - Work Periods A. City Work Schedules: City work schedules shall be as herein defined, except as otherwise provided for: 1. 5/40 Work Schedule: The 5/40 work schedule shall consist of a forty- (40) hour work week consisting of five (5), eight (8) hour work days, exclusive of any meal periodS assigned by management. 2. 9/80 Work Schedule: The 9/80 work schedule shall consist of eighty (80) work hours in a two (2) week period, consisting of eight (8), nine (9) hour work days and one (1), eight (8) hour work day, exclusive of any meal periods assigned by management. 3. 4110 Work Schedule: The 4/10 work schedule shall consist of a forty- (40) hour work week consisting of four (4), ten (10) hour work days, exclusive of any meal periods assigned by management. 38 General Unit MOU o o o . -~~~. ~"~:' . '"~... . . ...............y.."_._,f._ Work schedules shall be posted on all department bulletin boards showing the employees' shift, work days and where known, hours. B. Work Schedule Adiustments: It is understood and agreed that Department Heads shall establish such work schedules as may be necessary for the efficient and economical provision of SllVices for the public, and to make such adjustment in work shifts as are from time to time r~uired. The City shall give the employees and the Union two (2) weeks' notice of any proposed changes in scheduled work shifts prior to implementation. If the Union wishes to consult with management regarding the proposed changes, it shall notify the City within seven (7) calendar days from receipt of notice. Upon notification by the Union, both parties shall meet within ten (10) calendar days in an eamest effort to reach a mutually satisfactory resolution of any problems arising as a result of the proposed changes. Work schedule changes resulting from an emergency situation or circumstances, which disrupt normal City operations as determined by the Department Head are not bound by the two- (2) week notice requirement. If a Iight-duty assignment for an employee will result in a shift change, e.g., from day shift to graveyarct shift, the City shall give the employee and the Union two (2) weeks' notice of any proposed shift changes prior to implementation. The procedures described in the first paragraph of Section B above shall apply. A. This section does not include minor adjustments in the starting and ending times of employee shifts B. During the two-week notification period, the employee continues on current status/schedule. SECTION 2 - Physical Examinations The City shall pay medical fees for the physical examination of any unit member within the unit of representation. 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 hislher choice. In the event an employee is authorized to be examined by a doctor of hislher choice, reimbursement shall be made by the City for the cost thereof, provided, however, that the amount of reimbursement shall not exceed the cost the City would have paid its contract physician or medical group. SECTION 3 - Probationary Period All new or newly promoted employees must serve a one III year probationary period. . 39 Genera/ Unit MOU ,,, o o o J. 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. WAil other factorsw is defined as special qualifications, skills, work performance, as well as attendance and safety. An employee shall not attain seniority until the completion of a probationary period, upon which time the seniority date shall be from the last date of hire within the department, division or section. In the event of layoffs, due to lack of work or funds that the department deems it necessary to reduce the working force, the last employee hired within the classification so reduced shall be the first laid off unless he/she possesses special qualifications or whose loss of skills would adversely affect the public welfare or has superior work performance that can be documented. Emergency, temporary and provisional employees shall be laid off in that order prior to the layoff of permanent employees in the same class. In a department where there is more than one class having equal rates of compensation, any probationary or regular employee subject to layoff under this rule shall, in lieu thereof, be allowed a transfer to a position in-one of the other classes of equal compensation for which he/she possesses the minimum requirement of knowledge, skill and experience provided that the employee subject to layoff has longer service in his/her class. Any regular employee subject to layoff under this rule shall, in lieu thereof, be allowed a demotion to the next lower class of hislher department in which the employee subject to layoff possesses the minimum requirements of knowledge, skill and experience and shall become the senior employee of that class for the purposes of this rule. Any employee laid off or demoted to a lower class or transferred to an equal class under this section shall have the right for two (2) years to be reemployed, transferred or promoted to their former class or any lower class upon the first vacancy occurring in any such class in the . department provided he or she possesses the minimum requirements of knowledge, skill and experience for such vacancy and such rights shall take precedence over the regular employee or promotion lists. An employee so reinstated from the reemployment preferred register shall regain tenure-seniority for prior service. Notice of reduction in force shall be presented to the Union and the affected employees. Such notice shall be in writing by the Human Resources Department. An employee shall be given at least thirty (30) days' notice prior to layoff. SECTION 5 - Reasonable Suspicion Drug and Alcohol Testing In addition to employees already covered under the Department of Transportation (DOT) drug and alcohol testing, all General Unit employees will participate in reasonable suspicion drug and alcohol testing, following the reasonable suspicion Drug/Alcohol Testing Procedure described in the City of San Bernardino's Policy on Drug and Alcohol Testing of Employees with Commercial Driver's Licenses. (Exhibit 4) 40 General Unit MOU ... ~~~...'....... ~_'.b ..,.,_ < '_ o If a supervisor has a reasonable suspicion that an employee has been abusing drugs or alcohol, that supervisor will take one of the steps listed below prior to referring an employee for a test, and will document his/her observations on a reasonable suspicion checklist: A. Seek the concurrence of another supervisor if a second supervisor is in the immediate vicinity; or, B. Notify hislher Department Director, Assistant Director or immediate supervisor if a second supervisor is not in the vicinity. The conduct of the employee must be witnessed by a supervisor who has received training consisting of at least six (6) hours on identification of actions, appearance or conduct which are indicative of the use of drugs or alcohol. A supervisor must directly observe and document the behavior. Reasonable suspicion may not be based on hearsay o Training will be provided by. police officers possessing a Drug Recognition Expert (ORE) certification issued by the National Highway of Traffic Safety Administration (NHTSA). Training will be provided to all current Middle Management Unit supervisors following ratification of this MOU. The training will be videotaped for the purpose of training newly appointed supervisors and serve as refresher training for all supervisors, as needed. Follow-up training classes will be provided to newly appointed supervisors in a group session when that number reaches five (5) or more. In addition to training supervisors, the City will offer an overview to full-time regular employees in the detection of drug and alcohol use. ARTICLE VII - GENERAL PROVISIONS SECTION 1- Waiver Clause o The parties aCknOwledge that during the meet and confer process which resulted in this MOU, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter not removed by law, City Charter, ordnance, resolution, personnel and departmental rules and regulations, from the scope of negotiable issues and that the understandings arrived at by the parties after the exercise of that right and opportunity are set forth herein. Therefore, the City and the Union, for the life of this MOU, each VOluntarily and unqualifiedly waives the right to meet and confer and each agrees that the other shall not be obligated to meet and confer with respect to any subject or matter referred to or covered in this MOU or with respect to any subject or matter not specifically referred to or covered in this MOU, even though such subject or matter may not have been within the knowledge or contemplation of either or both of the parties at the time they negotiated or signed this MOU. 41 General Unit MOU . o () c ,., '~"'~".'-' ',.,. ~.,' . .'-'...'",; SECTION I - Severability It is understood and agreed that this MOU is subject to all current and future applicable federal and state laws and regulations and the current provisions of the charter, ordinances, resolutions and of the rules and regulations of the City. If any part or provision of this MOU is in conflict or inconsistent with such applicable provisions of those federal, state or city enactments, or it is otherwise held to be invalid or unenforceable by any court or competent jurisdiction, such part or proVision shall be superceded by such applicable law or regulations, and the remainder of this MOU shall not be affected thereby. The parties hereto agree to refrain from initiating any action that would invalidate any part of the MOU. SECTION 3 - Printing of Memorandum of Understanding The City shall pay one-haff (112) of the cost of printing the MOU. The City shall distribute the MOU to the bargaining unit and new employees. The City will provide an initialed/signed distribution list of employees to the Union after distribution of the MOU. SECTION 4 - Term of Memorandum of Understanding The term of this MOU extends through June 30, 2001. If negotiations regarding an MOU are in progress at the time the current MOU expires or if the parties are at impasse, the current MOU shall remain in effect until a successor MOU is adopted by the Mayor and Common Council. SECTION 5 - Notice of Intent to Reopen The parties agree that, if either party desires to propose changes in the terms or conditions of this MOU for the period following expiration of this MOU, notice shall be given to the other not later than the last working day of February in the last year of the contract, that such discussions are desired. Such notice shall request a meeting to begin negotiations and establish ground rules which shall include, at a minimum, the date beyond which no further proposals may be submitted by either party. 42 General Unit MOU ,- o o o GENERAL UNIT EMPLOYEES' MEMORANDUM OF UNDERSTANDING 1999.2001 Executed this day of Mayor City of San Bernardino City's Designated Representative ATTEST: City Clerk Approved as to form And legal content: 1999. San Bernardino Public Employees' Association (SBPEA) 43 General Unit MOU o o o INDEX Title Paae Agency Personnel Rules.... ............................... ...... ...... ................... ........ ... ................. 5 Bilingual Pay....... ... ... ....... .................. .......... ............................................ ................... 22 Blood Donations. ..... .................... .......... ........................ .......: ...... ............. ..... .............. 36 Budget Documents ...................................................................................................... 15 Bulletin Boards. ......... .... ..... '" ................ ........ ....... ...... ..... ..... ......... ...................... ..... .... 14 Call-Back/Standby Assignment & Pay......................................................................... 18 Catastrophic Leave ........... .......... ............. .......................... ... ...... ...... ..... ....... '" ............. 33 Classification Appeal .................................................................................................. 18 Contract Services .... ........ .... ....... ...... .......... ........... ........ ........ .............. ..... ....... ............ 5 Definition of T eons....... .... ............................ .... ......... ..................... ........... ..... .... .... ... ... 3 Education Tuition Assistance....................................................................................... 25 Election Leave........... ....... .......... .......... ............. ........... ..... ................................... ....... 36 Employee Assistance Program (EAP) ......................................................................... 27 Employee Lists ...........:................................................................................................ 12 Employee Orientation .................................................................................................. 15 Employee Rights.......................................................................................................... 4 Fines.... ........... ........................ ........ ........ ................ .......... .......................... ................. 22 Grievance Procedure........................... ................................. ......................... .............. 9 HealthlLife Insurance...................................... ........................................... ........... ....... 22 Higher Acting Classification Pay.................................................................................. 17 Holidays. ................ ................ ................... ..... ..... ...... .......... ................................... ...... 29 Injury Leave .................... ..... ................ ..... ........... ............. ................... ............ ...... ...... 34 Jury Duty .................. ...................... ............... ......... ......................... ............................ 37 Labor-Management Committee ................................................................................... 6 Leave of Absence Without Pay.................................................................................... 34 Mailbox...................................................... ...................... ...... ........................ .............. 15 Management Rights.... .......... ...... ... ....... ................ ........ ... ...... ... ...... ........... ............... ... 4 Military Leave... ... ..... ... .... ..... .... .... ..... .......... ..... ... ... ........ ..... .... ..... .......... ......... .......... ... 36 New Employee Infoonation.......................................................................................... 15 No Strike. .............. ...... ..... ................................................. ......... ............. .... ................. 8 Non-Discrimination ... ............................................................... .................................... 13 Notice of Intent to reopen ............................................................................................ 42 Overtime ........ ......... ........... ..... ......... .......... ....... ... ... ... ..... ... ... ............ ................. .......... 16 Parking Facilities........................................................... ............................................... 26 Payment for Unused Sick Leave.................................................................................. 33 Payroll Deduction for Union Dues................................................................................ 8 PERS ........................................................................................................................... 16 Personal Tool Replacement Allowance ....................................................................... 21 Personnel Files ............................................................................................................ 13 Physical Examinations ................................................................................................. 39 Printing of Memorandum of Understanding ................................................................ 42 o c o "',d.J""i-~, .' Title Paae Probationary Period .......................... ............................ .... ..... ..................................... 39 Reasonable Suspicion Drug and Alcohol Testing ........................................................ 40 Reclassification ................ ............................... ........ ... ..... ... ........................................:. 23 RecognitionlUnion Security. ............... .... ....... ............ ....... .................. .................. ........ 8 Safety Committee ................. ................................ ... ....... ....... ...................................... 6 Salaries.................................................................. .......... ... ............... .......................... 15 Seniority ............................. .................. '" ... ................ ..... ... .......................................... 40 Severability ................ .......... ... .............. ... ..... ...... .... .... ........ ... ... ............ .................... ... 42 Shift Differential..... .......... ... ... ....... ......... ... ........ .... ..... ........ ..... .... ....... .... .......... .... ........ 20 Sick Leave........... ..................... .......... ................ ............ ................ ...... ...... ................. 31 Skelly Rights ....... ........... ....... ............... ................ ................. ........... .................... ........ 12 Term of Memorandum of Understanding ..................................................................... 42 Time Off For Employee Representatives ..................................................................... 7 Uniforms, Rain Gear & Safety Equipment.................................................................... 23 Union President Leave................................................................................................. 37 Union Representation ...................,............................................................................... 11 Vacations ....... ...... .......;........... .............. ................. ..... ..... ..... .................. ..................... 27 Waiver Clause ............................................................................................................. 41 Witness Leave ........-.........................'............................................................................ 36 Work Periods .............................................................................................................. 38 c " c . 1 0 2 3 4 5 6 o o EXHIBIT 3 RESOLUTION NO. 89-38 RESOLUTION 01" TBB CITY OF SAN BE1UfA1lDINO ESTABLISHING TBB PRIVILEGES 01" VOTERS AS SET FORTH INTBB CONDUCT 01" ELECTIONS CODE. BE IT RESOLVED BY TBB MAYOR AND COMMON COUNCIL 01" TBB CITY 01" SAN BERNARDINO' AS FOLLOWS: SECTION 1. Ranlovees' time o~~ to vote 7 I~ a voter does not have su~~icient time'outside o~ working hours to vote at a City, statewide or national 8 election, . the voter _y, without loss or pay, take oir 9. 0" ,~.. ...., . .;:.;.,: o. ....$ ~.,.' . ~. \ ...'... ..:t;~:i..:.',:"-{... enough working tiM 1rhi~ wben . added to the voting' t1M.. 10 11 , available outside or working hours will enable the voter to vote. 12 No IlOre than two hours of the tille taken off for 13 voting shall be without loss of pay. The time off for 14 15 16 tille for voting and the least time off froll the regular 17 voting shall be only at the beginning or end of the regular working shift, whichever allows .the 1I0St free working shift, unless otherwise mutually agreed. 18 19 20 time off will be necessary to be able to vote on election 21 day, the employee shall give the supervisor at least two If the employee on the third working day prior to the day of election, knows or has reason to beli~e that. . .. 22 23 24 25 26 27 28 working days written notice that desired. tille off for voting is SECTION 2. Emnlovers' notice: I)ostina o . . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 c o ._.,._ .' _o.~U""',",,~,"_ ; 0-" ~..... el.ewhere where it can be seen as the employ.es COJDe or go to their places of work, a notice setting forth the provisions ot Section 1 above. I BBRBBY CERTIFY that the foregoing resolution was duJ.y adopted by the Kayor and Ccmaon Council ot the city ot San Bernardino at a regular _eting thereof, held , 1989 by the following on the 20th clay of February vote, to wit: ...., -.: . AYES: Council ~-"""l-ra"tra4a. Reilly. Plor... Maudaley. Minor. Miller NAYS: None ABSENT: Council Member PODe-Ludlam ~~4f~./ ,. CtyCR The foregoing resolution is hereby approved . this day ot Februarv , 1989. Approved as to tora and legal content: 7." Attorney o o o . ._. h.' EXHIBIT 4 .. City of San BenuudillO . Drug and Alcohol Tuling Policy Page 8 REASONABLE SUSPICION The City sball requUe an employee to be tested, upon reasonable suspicion, for the use of drop or a1ooboI. An employee sbaIl submit to .ml\l, upclIl rea~lIhle suspicion, for the use of drop or aIcobol when requested to do so by tbeir supervisor. The c:oaduct must be witrmrd by at lcut ODe supervisor. The witDess or witr"'tses must baw received trlai'""a in the i"-tl~ of ICIioDs, ~ or coaduct of an employee wbich are i...m.riw of the use of drop or alcobol. Tbe ~._..1iIwI of the MIpIcyee'. CllIIduct sball be 9&.......<<I1IId .-. by the witaess(a), and die ....bu.;ul or dMsioa bad DOdfied, nto1i,d1\l die allened.Behavior - D~--'e Suspicion Record Form, (see lI~, within 24 hours of die observed bebavior or before the results of die lIeIt are 1-1--', wbicbever is eartier. .p-.......hle ('s,_/Suspic:ioD. -. that die employer/supervisor believes tbat the actioas, appeamace. 1(111 :", body ocIon 01' coaduct of an 0IMluty employee me iftdi~ of the use of drop, ak:obol 01' other COIIIIOI1ed su~. Tbe 11....... r lI(a) must cIhectly obIeI: ~ die bebaYior. Hearsay or IeOODII-band iDformation is DOt -tMd-t ClIUIe to requiIe an empIojee to submit to a drug test. Tbe ~.~.iMtf"'G tbat a J-......."te suspicioD aistI to Ieqllite III employee to UDdeqo an aI.cobolllelt must be based OIl rftc. objd.e. C".)ft~ articuJable facts COIICClrIIing the behavior, appearance, 1(111 cb or body odon of the employee. It must be based upon observalioaI of die supervisor mlllril\l die deb...i....tion, aod may DOt be based upon beanay. Tbe supervisor(s) wi~1\I the il~lDeut must cIocument the sp<<:Fie observatioIIs upclIl which !be m'--hle suspicion is based. Ak:obol "";"'1 may be ~rlAJDed OII1y if die obaervaIioas upclIl wbich .....iIO"lAh~ IUVcl- are based are made during, just pro:e.iil'll or just after the period of die work day tbat the employee is required to be in compliance. An employee may be cIimc:IecI to UDderJo a rea.......hle suspicion alcobollat just before, duriDg or just after .....tbtlDiag safety--.;~ fimc:tioas. If an alcohol ll:Sl is not administered within two (2) hours followina a reasoaable suspicioQ c:letermiDaIi.OIl, the supervisor sball doc:umeDt the reasoos for die deJay. If an alcohollat is DOt lIdmini-.reci witbia eight (1) hours, die ll:Sl sba1l DOt be admini....., and die supervisor sball doc:I,ment the reasoos. ~_".chmen' A\ OBSERVED BEllA VlOR. REASONABLE SUSPICION RECORD o 1'IaIs form applies oa1y to employees with CommerdII Drlyers' L1uDns who are eoftnd UDder DOT replattoas. 111M: (hat lfllltl~N__ ..... II -..) II' ~ tt-- ~11 ... 011I: ~II- (. II) (CitJ) (StIlI) (Zlp) to r mnurDnlp" .. ~....t .. ......k . 2. AppearInllc _NM r- . Fl.llIfn' -_011111..... ~.II""'" Ie,. _Dr - IIC-Dn ~Ir r..... _DIy ~S)....-.. TI " _ _ JI a.. . _ fJ n n 16 ...... . .. ow IIr 11 -"'" Po ill II. ".- .:. 1'011I., !I .. ~i.'u""'GtI _0 _1< c OIl-. 1 ." .JioIi S,I I" OIl-. L..... ..nIL...... _C~l. - _1II1Ud $I"'" ___ ...- '-Te- . .. ~ ... Ai. HI r _Nonlll c.JI I' Mood",' , --.J!IIIIIlIIfa ~""'r", I.actGtOlGf&.... ""_"10 -1. .' 0dIIr. 5. ..... StiIW .or V ~ _No..- L.-r. ,... _~. rfIl&. .. w...a TI 0 - J Noll " - . _"a.'- . ha.v"'1 ,... ~. oIlU.I. n al I'" Ib! IIld 0IIIIr 70 0IIIIra.... Aed...r '1~ 1_(lplCitt~ c . . 9UES1"IOW; .. Do)Oll......., melIk.. .......... for whicla JOU ... CUIIaIdJ lief..... i -I If 1lyes..._JWw........,.., . - WhIt II JW4DcIois Tit..... adlL . ....eclepflone ........, . ......~. ..--'.. o 2. M)OII........, mellh..,_ "'" wIlelllledkltfouacl lonw"'--II~ 1. O',......,~..ctl" .Urr J ......,..__ - __ ~.... . H"_It,.. 1m III 4. M ,......, IJpe .,..",_ ..,...., Me.! r. ..! WillI ....I t So ....,....lIIn'.....uTiallc..l J _"I \J- n.....h.~."...'_ ..,......, ..., .......,. Willa .... hi? ....... -... C ~- t (Ifde) (DIll) t'IiIIt V... ,.,,~ . ~l (Tide) (DIll) (1'IaIe) . _'OC 111....JJ. 1IlI........,... ,,"' I ..-' i......... ........,.....,......lJ -'1..'........111 Ill....' ........... ~ DIll: 1'ianc Laci1iac ~ o _to ""..,.,r d ......... ".1 . " ....T.. - IIJ _, L 111...' ~...m r ~. - .. .... -..., . ,.. II _r II....,..I*~.... pre Jl fAr _,,,, 1 J..... r. C It.. ~ _Ill -. .~L"I)"" .. " l JlfJ II _"I! .. cc'" "to'1lTr. _"It. II) oT1I1 II ~ ,.... -...... n ...")6" "n . 3- ,...." If Rlu ..... - _Dh. .a .......,..... -JIll! In l~'" ....~ ~.... _hIli ~1Ia ft... 0 ,...,.. ClO~.. _Ct r 11)11 .".. .I _Iff ~'I ~."I J ~_...... o c o . . ~ Incicleal(l) ObSII" c.: 11-. .... Lac.w.: Cotw .. 1t1Ml_.. 0lIl:_ ,..... ~41J1 .. eo ~~ Ay t'& 1= Sia,P-....... DIIe:_ .....--- J: ~~... . ~I .. N-.: SijI-...; 0IIe:_ ........ . - ... '~--"""---'.. ..',~..-.....,- '-"'''.'''-'-~-'' ',~'.-- CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION late: EDWARD S. RAYA HUMAN RESOURCES DECEMBER 2, 1999 Subject: RESOLUTION IMPLEMENTING MEM0- RANDUM OF UNDERSTANDING BElWEEN THE CITY OF SAN BERNARDINO AND EMPLOYEes IN THE GENERAL UNIT EMPLOYEES' BARGAINING UNIT REPRESENTED BY SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION :~ ;ynopsls of Previous Councl ActIon: February 2, 1998 - The Mayor and Common Council approved a contract with the General Unit Employees' bargaining unit. . June 21, 1999 - Closed Session. July 6, 1999 - Closed Session. September 7, 1999 - Closed Session. September 20,1999 - Closed Session. ~ed Motion: Adopt Resolution. ~~ onlact Person: Edward S. Rava Phone: 384-5161 C1pportlng Data AIteched: JNDING REQUIREMENTS: Yes Amount Source: (kd No) (Acct DescriplIon) FInance: Ward: ~Notes: Agenda Item No. CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION o o o STAfF REPORT ,,,,BJECT Resolution implementing Memorandum of Understanding Between the City of San Bemardino and employees in the General Unit bargaining units represented by the San Bemardino Public Employees' Association (SBPEA). BACKGROUND The contract with the General Unit employees expired on June 30, 1999. The City Team and the San Bemardino Public Employees' Association (SBPEA), held ten (10) negotiation sessions. On September 15,1999, both sides reached tentative agreement on a successor Memorandum of Understanding (MOU). Attached is the General Unit Employees' MOU. The term of the new MOU is two (2) years, from July 1, 1999, to June 30, 2001. The Mayor and Common Council approved the economic benefits package desaibed . below on September 20, 1999. The MOU also contains se~rallanguage changes on non-economic items (Uniforms, Employee Orientation, Contract Services, Probationary . . Period); ARTICLE JII, CQMPENSA'tlQfi. SectIon 1. IIIII:!!!: The City will provide a three percent (3%) salary increase effective January 1, 2000, and a two percent (2%) increase effective January 1, 2001. New Section, Classification and Comaensatlon Study: The City agrees to cover the cost to conduct a classification and compensation study of positions in the General Unit. ARTICLE JII, COMPENSATION. SectIon 2. ~: The City will amend its PERS contract to provide the 2% at 55 retirement benefit to all miscellaneous employees, effective June 30, 2001. ABJICLE JII. COMPENSAnON. SectIon 3. Overtime: The City agrees to amend the language in paragraph 5 to read as follows: "Any hours in the employee's compensatory time bank in excess of 40 hours as of June 30'" of each year will be paid at the employee's regular rate of pay, and will be included on the December 15'" paycheck.. ARTICLE III, COMPENSJ\TIQN. Section 4. HIGher ActIna CI...~on Pav: The City agrees to amend the language in this section to allow employees of the Refuse Division assigned to a higher- acting position to be eligible for higher-acting pay from the first day they are assigned to work in the higher position. . ~ '^..._.._~ o 6RTICLE III. COIfg~SAnoN. SectIon 6. c.J~ AssIGnment, "-fIx: The City will amend this article to read: -Effective January 1. 2000, employees of the Animal Control DMsion assigned to standby status shall be compensated at the rate of two (2) hours pay per day for such status." . . ARTlCIJ; "I, CO'PENS~N. SectIon 7. .~ntI...l: Effective at the commencement of this agreement, the City agrees to amend this section to allow for payment of $65Imonth for swing shift and $1oo/month for graveyard shift. ARTICLE III. COMPENSATION, SectIon '...P....onal Tool.ReDlacement Allowance: The City agrees to amend the language in this section to reflect an increase for tool replacement allowance from $275 to $350 per year. o ARTI~LE IV. FRINGE ,,~. SectIon 1. HealthlLJfe Insurance: The City will add an addittonal $20/month effective January 1, 2001 to health insurance premiums (this will be reffected in the employees' December 15, 2000, paycheck since insurance Is prepaid.). ARTICLE V. LEAVES. Section 2. Holldavs: The City will amend this section to read:. "Employees shall be entiUed to twelve (12) City designated holidays, the equivalent to 96 hours per year.. Effective February 2000, Presidenfs Day will be added to the list of designated holidays. ARTICLE V. LEAVES. SectIon 4. Payment of Sick L.ave: The City will add a new subsection to read: "~ick Leave Sell ,Back: Effective January 1, 2001, employees with perfect attendance in the previous calendar year will be allowed to cash out up to five (5) days (40 hours) of sick leave per year, providing the employee has at least 160 hours in their leave account after the sell back to be eligible.. . The Mayor and Common Council has also authorized staff to continue to meet and confer regarding the payment of sick leave upon separation from the City in good standing. o PROPOSED CONTRACT COSTS GENERAL UNIT EMPLOYEE'S Ns Sala Increases 255,100 425,200 680,300 850 500 Class & Comp Study 50,000 - 50,000 0 Health Insurance 35,000 35,000 55,000 Pay for Unused Sick - Calt-Back/Standby Pay 3,000 6,000 9,000 6,000 Presidents Day Holiday 63,6391- 63,639 127,278 , 63 639 Shift Differential 21,100 21,100 42,200 21,100 Higher Acting Minimal Costing Tool Allowance , 2,175 2,175 4,350 2,175 Sick Leave Sell Back Minimal Costing - - - Uniforms No Cost - - 'PERS 2%Q 55 Benefit - 5,613,175 5,613 175 - 'PERS 2%@ 55 benefit is being paid from the Misc. group surplus being held by PERS,this item will not be paid from the City s budget. RECOMMENDATION Adopt Resolution. Attachment: Resolution Implementing Memorandum of Understanding Between the City of San Bernardino and Employees in the General Unit Employees' Bargaining Unit Represented by San Bernardino Public Employees' Association.