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CI'IC' OF. SAN BERNARDltY - REQUEQT FOR COUNCIL AC~N
From:
Ralph H. Prince
City Attorney
Subject:
Approval of Side Letter Agreements
with AFSCME Local l22 AFL-CIO
Dept:
Da~: September l2, 1986
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt resolution.
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Signature
Contact person:
Ralph H. Prince
Phone:
5255
Supporting data attached:
Yes
Ward:
N/A
FUNDING REQUIREMENTS:
Amount:
N/A
Source:
Finance:
Council Notes:
75-0262
Agenda Item
II
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING TWO SIDE
LETTER AGREEMENTS BETWEEN THE CITY AND THE AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES LOCAL 122 AFL-CIO (GENERAL
PERMANENT AND POLICE DEPARTMENT GENERAL EMPLOYEES) CONCERNING
STANDBY, CALLBACK AND COURT SUBPOENA TIME PAY.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. Two side letter agreements between the City of
8 San Bernardino and the American Federation of State, County and
9 Municipal Employees Local 122 AFL-CIO for the General Permanent
10 and Police Department General Employees, executed on August 26,
11 1986, relating to standby and callback pay and Police employee
12 court subpoena time pay, copies of which are attached hereto as
13 Exhibits "A" and "B", respectively, and incorporated herein by
14 reference, are hereby approved.
15 SECTION 2. The executions of the two said side letter
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agreements by the Director of Personnel for and on behalf of the
City of San Bernardino are hereby ratified.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a
meeting thereof,
held on the
day of
, 1986, by the
following vote, to wit:
AYES:
Counc i1 Members
NAYS:
ABSENT:
City Clerk
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The foregoing resolution is hereby approved this
day of
, 1986.
Mayor of the City of San Bernardino
Approved as to form:
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CI
BERNARDINO
300 NORTH "0" STREET. SAN BERNARDINO. CALIFORNIA 9241B~'3B
(7141 383-5081
PERSONNEL DEPARTMENT
MARY JANE PERLlCK
DIRECTOR OF PERSONNELI
CIVIL SERVICE BOARD
CHIEF EXAMINER
August la, 19a6
Mr. Adam Webb, Parks, Recreation
and Community Services Dept.
Ruben Juarez, Engineering
Division
This letter will summarize the agreement we reached relative
to compensation for General Unit employees who are placed on
.stand by. or who receive .Call back. assignments, in line
with the Fair Labor Standards Act (FLSA).
GENERAL UNIT INCONVENIENCE PAY FOR STANDBY WORK:
If a Department Head places an
defined as the employee being in
immediate availability to come to
normal work hours, AFSCME . Local 122
San Bernardino (City) hereby agree
compensation in full for the hours
when in such .stand by. status:
employee on .stand by.,
a state of readiness and
work, outside of their
(Union) and the City of
that the following is
of work of the employee
For the employee's 5 work days
during their work week (or pro
rate at 1.0)
5 work hours
For the employee's 2 non-work
days during their work week
(or ~ro rate at 2.5)
5 work hours
OR
For all seven days during a
work week
lO work hours
AND
(continued)
EXH\BIT ~
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Mr. Adam Webb, Parks, Recreation
August la, 19a6
Page 2
For any holiday, as described
in General Unit 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 as above are, and will be paid, as time worked and
at the FLSA overtime rate (time and one-half). This amount
will be paid in addition to compensation for actual time
worked when the employee is called to work from standby
status. The time worked (if any) shall also be paid at the
FLSA overtime rate (time and one-half).
GENERAL UNIT CALL BACK PAY:
Note: An employee cannot. be'in .stand by. status and .call
back. status at the same time.
Employees not formally assigned .stand by. status may still
be called back to work, as provided in Article II of General
Unit Employee Memorandum of Understanding 1985-87. 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 (time and one-half) unless the employee has
worked less than 40 hours in the work week due to use of sick
time (paid or unpaid). In such case, the employee will be
paid straight time. Department Heads may, however, pay at
the FLSA overtime rate (time and one-half) regardless of sick
time taken in unusual circumstances/at their discretion.
OTHER:
Whereever the above language conflicts with Articles II or 9
of the 19a5-a7 General Unit MOU, the above language will take
precedence, save that the Article II list process remains in
effect. The first and second paragraphs of Article II are
hereby stricken and are of no further force and effect.
The Union and the City agree that the above wording and
intent becomes null and void should the FLSA subsequently be
found not to be applicable to the City. In such case, the
wording of Article l3 of the 19a3-aS General employee MOU
(continued)
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Mr. Adam Webb, Parks, Recreation
August la, 1986
Page 3
shall be controlling as to issues of .stand by. or .call
back. pay.
It is hereby agreed by and between the parties hereto that
the General Unit employees covered by this agreement are not
so severely restricted in their activities while in standby
status as to bring them within the provisions of Fair Labor
Standards Act Regulations 29 CFR 7aS.l7.
FOR THE CITY
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U;~t/26,/fft
date)
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BERNARDINO
300 NORTH "0" STREET. SAN eERNARDINO. CALIFORNIA 924184138
l7141 383-5081
PERSONNEL OEPARTMENT
MARY JANE PERLlCK
DIRECTOR OF PERSONNEL!
CIVIL SERVICE 80ARD
CHIEF EXAMINER
August la, 19a6
Adam Webb, Parks, Recreation
and Community Services Dept.
Ruben Juarez, Engineering
Division
This letter will summarize the agreement reached on S-2l-a6
relative to Police Department General Unit employees, the
particular requirements of court subpoena, and the Fair Labor
Standards Act (FLSA).
POLICE EMPLOYEE COURT SUBPOENA .TIME:
If a police department General Unit employee receives a work
related court subpoena for which they are placed on standby,
he/she will receive 2 hours of pay for all or any portion of
a 24-hour day on which the employee is required to be in such
standby status. A. F. S. C. M. E. Local 122 (the Union) and the
City of San Bernardino (City) agree that 2 hours of
compensation is compensation in full for the hours of work of
said employee during standby.
The 2 hours compensation is, and will be paid as, time worked
and at the appropriate straight time or where applicable, at
the FLSA overtime rate. Such compensation is in addition to
compensation for any time actually worked pursuant to such
subpoena. This wording will determine payment for time
worked while on subpoena standby and resolves the related
issues raised by the ID Technician grievance heard at the
Personnel Director level on S-2l-a6.
The Union and the City agree that the above wording and
intent becomes null and void should the FLSA subsequently be
found not to be applicable to ,the City. In such case the
standby provision of Article l3 of the Memorandum of Under-
standing for permanent general employees for 19a3-aS shall be
controlling.
(continued)
EXHIBIT B
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Adam Webb, Parks, Recreation
August la, 19a6
Page 2
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The 2 hours of pay related to subpoenas as above shall be
effective retroactive to April l4, 19a6, which is the date
the City came into compliance with the Fair Labor Standards
Act.
It is hereby agreed by and between the parties hereto that
the general unit employees covered by this agreement, are not
so severely restricted by their activities while on standby
status as to bring them within the provisions of the Fair
Labor Standards Act regulations 29 CFR 785.l7.
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