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\ CI"",' OF SAN BERNARDC;o - REQUOT FOR COUNCIL AC:)ON
From:
M. J. Perlick
Director of Personnel
Personnel
September 11, 1937
Subject:
Approval of Middle-Management MOU
Dept:
~'?
Date:
Synopsis of Previous Council action:
None
Recommended motion:
Adopt Resolution
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Signature
Phone: 5008
Ward:
Sou rce:
Finance: 1)4 c::t- ~
Contact person: Roger De Frat is
Supporting data attached:
MOU
FUNDING REQUIREMENTS:
Amount:
Council Notes:
75-0262
Agenda Item No.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
DINO AND THE SAN BERNARDINO PUBLIC EMPLOYEES'
REPRESENTING THE MIDDLE MANAGEMENT EMPLOYEES
AUGUST 3l, 1987, AND TERMINATING AUGUST 30, 1990.
APPROVING A
SAN BERNAR-
ASSOCIATION
COMMENCING
WHEREAS, the City's negotiators have met and conferred
with the representatives of the San Bernardino Public Employ-
ees' Association representing the Middle Management Employ-
ees in accordance with the provisions of the Meyers-Milias-
Brown Act of the State of Californial and
WHEREAS, the City's representatives and the Union re-
presentatives have reached a Memorandum of Understanding for
the period commencing the thirty-first day of August, 1987,
and terminating the thirtieth day of August, 19901 and
WHEREAS, said Memorandum of Understanding has been
reduced to writing and a copy thereof is attached hereto,
17 marked Exhibit "A" and incorporated herein by reference as
18 though fully set forth at length,
19 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
20
21
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Memorandum of Understanding between the
22 City of San Bernardino and the San Bernardino Public Employ-
23 ees' Association representing the Middle Management Employ-
24 ees', dated September 16, 1987, for the period commencing on
25 the thirty-first day of August, 19B7, and ending on the
26 thirtieth day of August, 1990, a copy of which is attached
27 hereto and incorporated herein, is hereby approved.
28 (Continued)
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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 September, 1987 by the following vote to
4 to wit:
5 AYES: Council Members
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NAYS:
ABSENT:
City Clerk
The foregoing resolution is hereby approved this
day of
, 1987.
Mayor of the City of San Bernardino
17
Approved as to form and legal content:
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(/ City Attorney
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SAN BERNARDINO
AND THE
SAN BERNARDINO PUBLIC EMPLOYEES' ASSOCIATION
REPRESENTING THE
CITY OF SAN BERNARDINO MIDDLE MANAGEMENT EMPLOYEES
This Memorandum of Understanding on wages, hours, and
working conditions is between the designated representatives of
the Mayor and Common Council and the Board of Trustees of the
Public Library of the City of San Bernardino (hereinafter known
as the City) and representatives of the San Bernardino Public
Employees' Association (hereinafter known as the Union) repre-
senting the unit of Middle Management employees of the City of
San Bernardino.
The City representatives and the Union recommend to the
Mayor and Common Council and the Library Board that the terms and
conditions of this Memorandum shall commence on September 16,
1987, and continue until the 30th day of 1990. To the extent
that implementation of these recommendations requires action by
the City Council and the Library Board, this Memorandum will
serve as a request to these bodies that they be so implemented.
It is the purpose of this Memorandum for the parties
hereto to confirm and maintain the spirit of cooperation which
has existed between the city of San Bernardino and the employees
of the City. The Union and city will strive to promote a harmo-
nious relationship between the parties to this Memorandum that
will result in benefits to the City and will provide continuous
and uninterrupted employee services.
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TABLE OF CONTENTS
I PREAMBLE OF TERM OF MEMORANDUM OF UNDERSTANDING
ARTICLE
II TABLE OF CONTENTS
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4.
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6.
7.
8.
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10.
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TITLE
PAGE
Recognition
Management Rights
Agency Personnel Rules
No Strike
Vacation
Holidays
sick Leave
Injury Leave
Leave of Absence without Pay
Health/Medical Insurance
PERS
Physical Examination
Education Tuition Assistance
Fines
witness Leave
Blood Donations
Grievance Procedure
Non-Discrimination
Seniority
waiver Clause
Severability
Duration of Agreement
Contract Printing
Payroll Deductions
Uniforms
Wages
Overtime
Notice of Intent to Reopen
1
1
3
4
4
8
11
15
17
19
21
21
22
26
26
27
27
31
32
32
33
34
34
34
35
35
37
40
IV INDEX
III SIGNATURE PAGE
V ADOPTING RESOLUTION
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ARTICLE 1
Recoqnition
Exclusive recognition of the Union is acknowledged for
purposes of meeting and conferring on wages, hours and working
conditions, and of general representation of employees within the
unit of representation. The classification titles of those
Middle Management permanent employees in the unit for which the
union has been recognized exclusively as the majority representa-
tive are listed under section 2 of City Resolution Number 10584
as amended, and as subsequently so designated as determined
solely by the City; excluding therefrom positions regarded as
temporary and seasonal; titles and positions established and
created under Federal contract, and those employees while under
provisions 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 representa-
tive shall not be comprised thereby.
ARTICLE 2
Manaqement Riqhts
This Memorandum of Understanding shall not be deemed to
limit or curtail the City in any way in the exercise of the
rights, powers, and authority which the City has prior to enter-
ing into this understanding except to the extent that the provi-
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sions of this Memorandum of Understanding specificallY curtails
or limits such rights, powers, and authority. Furthermore, the
city retains all its exclusive rights and authority under city
Charter, Ordinances, Resolutions, state and Federal Law, 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, commission, and
boards; set standards of selection for employment and promotions;
direct its employees; establish and enforce dress and grooming
standards; determine the methods and means to relieve its
employees from duty because of lack of work or other lawful
reasons; maintain the efficiency of governmental operations;
determine the methods, means and numbers and kinds of personnel
by which government operations are to be conducted; determine the
content and intent of job classifications; determine methods of
financing; determine style and/or types City-issued wearing
apparel, equipment or technology, means, organizational structure
and size and composition of work force and allocate and assign
work by which the city operations are to be conducted; determine
the change and the number of work locations, relocations, reloca-
tions, 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; to assign work to and schedule employees
in accordance with requirements as determined by the city and to
establish and change work schedules and assignments upon reason-
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able 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 to carry out its mission in
emergencies, and to exercise complete control and discretion over
its organization and the technology of performing its work.
ARTICLE 3
Aqencv Personnel Rules
It is understood and agreed that there exists within
the city in written or unwritten form, certain personnel rules,
policies, practices, and benefits generally contained in the
"civil Service Rules and Regulations for the Classified Service";
Resolution No. 10584, Establishing Uniform and Orderly Methods of
communications between the City and its Employees for the Purpose
of Promoting Improved Employer-Employee Regulations, as amended;
and Resolution No. 10585, Adopting Rules and Regulations,
relating to Employer-Employee Relations, as amended, which
documents will continue in effect, except for provisions modified
by the City council in accordance with state laws, orders,
regulations, official instructions or policies.
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ARTICLE 4
No strike
It is the purpose of the Memorandum for the parties
hereto, to confirm and maintain the spirit of cooperation which
has existed between the City of San Bernardino and the
employees of the city.
It is recognized that any work
disruptions are unproductive to city operations and services
provided its citizens. The Union and the City agree that they
shall at no time nor in any way jeopardize the public health,
welfare, and safety of the city's business and residential
communities. Thus, the Union and the City will strive to promote
a harmonious relationship between the parties to this Memorandum
that will result in benefits to the City and will provide contin-
uous 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 curtail-
ment or restriction of work. Should any curtailment or restric-
tion of work take place, paid leave benefits (sick leave/vaca-
tion/etc...) will not be available during such periods of time.
ARTICLE 5
Vacation
A. All employees within the Union covered by this
Memorandum of Understanding shall be entitled to annual paid
vacations as follows:
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Completed Years
of continuous Rate of Accrual (Approximate
Service* Per Month** Vacation Davs)
1 year *** 0.8330 working days (lO working days)
5 years 1.2500 working days (15 working days)
15 years 1. 6670 working days (20 working days)
20 years 2.0833 working days (25 working days)
* Service year begins on initial date of employment
** Working days per month
*** No vacation granted or accrued if service is less
than one year.
At the time of termination of employment, an employee
shall be entitled to receive compensation for the number of vaca-
tion hours which have been accrued but not used.
In the event
said employee had been permitted to take vacation which exceeds
the number of hours actually accrued, a deduction shall be made
from the employee's final compensation for the number of hours in
excess of the accrual.
B. The amount of accrual shall not exceed the speci-
fied number of days granted per year.
c. Employees shall not be permitted to work in their
City position in lieu of taking vacation in order to receive
additional compensation.
D. Except as provided herein, vacation time shall not
accumulate or be allowable or payable beyond the calendar year
when due. Vacation credits may be accrued and accumulated up to
a maximum of 3 years total accumulated vacation credits upon
approval by the Department Head. Vacations or portions thereof
from a prior year may be taken consecutively with vacations or
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portions thereof of a succeeding year, subject to the approval of
the Department Head. Except as approved by the Department Head,
no vacation or portion thereof from a prior year shall run conse-
cutively with the vacation of a succeeding year; and a period of
three or more months should normally elapse between the expir-
ation of one year's vacation and the commencement of the next
year's vacation.
The vacation period to which any employee shall be
entitled shall be assigned by the Head of the Department in the
calendar year when due, except when the Department Head, with the
approval of the Mayor, determines that an emergency or other
valid factors prevent the employee from utilizing his/her vaca-
tion during the calendar year when due. Should this occur the
employees vacation should be rescheduled at the very earliest
mutually acceptable date. Vacation requests will not be
unreasonably denied.
E. When a holiday authorized by the Mayor and Common
Council occurs within the vacation period of an employee such
employee shall receive an additional day of vacation with pay.
F. Upon termination, payment for earned but unused
vacation or deduction for used but unearned vacation employees
shall be made on the basis of the hourly rate of pay being
received by the employee on the date of separation.
G. When an employee returns to work after a break in
"continuous service" and when such break in "continuous service"
shall have been by leave of absence with the approval of the
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Mayor and Common Council, vacation time shall not accrue during
such break in "continuous service" but shall accrue monthly from
the date of return to service from such approved leave or
absence, based upon the total length of service of the employee.
H. Whenever the terms "year or years of employment"
appear herein, it shall be deemed to include all services for the
city of San Bernardino, the San Bernardino City Board of Water
Commissioners, and for the San Bernardino Free Public Library
Board.
I. The employee shall not lose any vacation time off
due to action by the City.
J. vacation credits may be taken off in increments of
not less than (1/2) days with prior department approval.
K. continuous Service Defined: Whenever the term
"years of employment" or "continuous service" appear in this
Memorandum of Understanding, it shall be deemed to mean that
employees compensated on a monthly basis shall have completed ten
months or more of compensated service within the twelve (12)
months period immediately preceding the date of the employee's
return to service; and that employees compensated on a daily
basis, working six days a week, shall have completed 261 or more
compensated days within the twelve (12) months period immediately
preceding the date of the employee's return to service. This
section shall not apply to employees who have not completed one
year of actual compensated employment.
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ARTICLE 6
Holidavs
A. All employees shall be entitled to twelve (12)
holidays each year. The following days will be holidays for the
purpose of this Memorandum of Understanding:
New Year's Day
Martin Luther King Jr. Day
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Two floating days - per year (see "B")
B. Each Department Head shall consider any request of
an employee as to preference for taking the floating holidays,
provided however, the final right to allow the days to be
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observed is exclusively reserved to the Department Head. Only
unit employees who have satisfactorily served in the employ of
the City continuously for at least six months shall be eligible
to take the floating holidays. In the event of the employee's
failure for any reason to take such floating holidays during the
term of this Memorandum of Understanding, the employee shall not
be entitled to compensation for said floating holiday. The
Department Head will not "unreasonably" withhold permission to
take time off for the floating holidays.
All full-time employees within the bargaining unit,
with the exception of those employees shown in the following
paragraph shall be allowed the above holidays at full pay when
such holidays occur within the regularly assigned working periods
provided they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday. If
it becomes necessary for a middle management 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,
or may be paid for the extra day, as approved by the Department
Head.
C. unit members in the Central Communications Division
working a shift schedule, and employees of the Police Department
except personnel assigned to work a normal five-day work week,
shall be allowed in-lieu time off for above holidays at full pay
when such holidays occur within the regularly assigned working
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period or shall receive an extra day's pay for the day worked.
The decision as to whether in-lieu time off or pay is to be
received shall be based on the availability of funds and needs of
the department, as determined by the Head of the Department with
the approval of the City Administrator. If in-lieu time off is
directed by the Head of the Department, it may be added to the
regular annual vacation period but must be taken within one year
of the date said in-lieu time was earned. Employees of the
Public Services (Refuse) Division, except clerical employees, and
certain designated employees of the City Garage needed to support
the Public Services (Refuse) Division operations, shall enjoy all
the holidays listed above as they occur except, November 11, the
Friday after Thanksgiving Day, and the holidays observed the day
before Christmas and the day before New Year's Day. Said
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.
D. Holidays as listed above shall be allowed on a
Monday if any such holiday falls on Sunday, and shall be allowed
on the preceding Friday if such holiday falls on a Saturday, for
all employees except those covered by other provisions herein.
E. Holidays earned in any twelve-month period may not
be accumulated beyond the total number of holidays allowed each
year by this Memorandum of Understanding.
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ARTICLE 7
sick Leave
A. sick leave means the absence from duty of an
employee because of illness or injury, exposure to contagious
disease, attendance upon a member of his/her immediate family who
is seriously ill and requires the care of or attendance of, an
employee, or death in the immediate family of the employee.
Immediate family means: Husband, wife, grandmother, grandfather,
mother, father, sister, brother, son or daughter or mother-in-
law, father-in-law, sister-in-law, brother-in-law, son-in-law or
daughter-in-law.
Not more than five days of sick leave within any
calendar year may be granted to an employee for the care of or
attendance upon members of his/her immediate family. Not more
than five days of sick leave may be granted to an employee for
each absence due to death of a member of his/her immediate family
as defined above.
Upon the Department's request, an employee must provide
a physician's statement to justify a sick leave of five (5)
consecutive days or longer. If the Department Head finds with
just cause, that sick leave is being abused, the employee may be
required to submit a physician's statement after any absence.
No absence due to illness or injury in excess of five
working days shall be approved except after the presentation of
satisfactory evidence of illness or jury; and a certificate from
a practicing physician or an authorized practicing chiropractor
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approved by the Mayor and Common Council may be required by the
Head of the Department and shall be subject to his/her approval
concerning said absence. The Mayor and Common Council shall have
the power to require that any person claiming the sick leave
benefits of this Memorandum of Understanding be examined at any
reasonable time or intervals by the County Health Officer or
other designated physician, and in the event of an adverse
report, to reject such claim for sick leave, in whole or in part,
and to terminate sick leave compensation. In the event of the
refusal of any person to submit to such examination after noti-
fication, the Mayor or Common Council may terminates sick leave
compensation and reject any claim therefor. The Mayor or Common
Council shall have the right to require the presentation of a
certificate from a practicing physician or the County Health
Officer stating that an employee is physically or psychologically
able to perform his/her work and duties satisfactorily before
permitting an employee who has been on sick leave to return to
work.
In order to receive compensation while absent on sick
leave, the employee shall notify his/her immediate supervisor
prior to or within four hours after the time set for beginning
his/her daily duties, or as may be specified by the Head of
his/her Department. When absence is for more than one work day,
the employee may be required to file a physician's certificate or
a personal affidavit with the Director of Personnel stating the
cause of the absence.
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sick Leave with pay shall be granted to all regular
employees and to all temporary full-time employees whose posi-
tions are funded under Federal law who are regularly employed in
permanent or Federally funded positions if such benefit is
required by said Federal law. sick leave shall not be considered
as a right which an employee may use at his/her discretion, but
shall be allowed only in case of necessity and actual personal
sickness or disability, except as otherwise provided herein.
Whenever an employee is compensated hereunder for sick
leave or injury and has not had a vacation at the end of the
current calendar year, he/she shall be allowed to take his/her
vacation in the next calendar year, but must take said vacation
prior to the time he/she returns to work after his/her illness or
injury.
Whenever, the term "service of the City" appears
herein, it shall be deemed to include all service of the City of
San Bernardino, the San Bernardino Board of Water Commissioners
and the San Bernardino Free Public Library Board.
B. All full-time employees of the City of San
Bernardino who are actively on duty, have been in the service of
said City for six months or more continuously, and who are
compelled to be absent from their work on account of illness or
injury, other than that caused by or arising from their own moral
turpitude, or that by which is compensable under Article 8 -
"Injury Leave", shall receive their full salary, wages or compen-
sation for a period of one day for each month of continuous
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service; provided that such salary, wages or compensation shall
cease upon the exhaustion of all accumulated sick leave; and
further provided that sick leave shall not accumulate while said
employees are being compensated under Article 8 - Injury Leave of
this Memorandum of Understanding. Said sick leave may be accumu-
lated without limit and approved time off with pay for sick
leave, holiday payor approved vacation, shall be considered as
time worked for purposes of the accrual of sick leave. sick
Leave usage shall not be decreased by the fact that any legal
holiday occurs during the time off on account of illness. The
words "legal holidays" shall have the meaning ascribed to them in
Article 6 - "Holidays" of this Memorandum of Understanding. sick
leave shall not accumulate during periods of leave of absence
without pay. The words "working day" shall mean a normal eight-
hour day to which an employee has been assigned to work.
The 6 working days of sick leave granted after 6
calendar months of continuous service as herein provided, shall
be computed at the rate of approximately 3.7 hours per pay
period. In the event an employee works less than fifty percent
(50%) of the total normal work hours in the pay period, he/she
shall receive no sick leave benefit for such pay period and shall
not be credited with the 3.7 hours of sick leave.
Whenever an employee uses an allowable sick leave,
further absences may be charges against accrued vacation; or with
Department Head approval, the employee may take loss of pay
rather than vacation.
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Unused sick leave is payable at any resignation without
prejudice (including death and retirement) up to a maximum of 50%
of a 120-day cap. Example, a balance of lOO sick leave days = a
50-day payoff, and a balance of 150 sick leave days = 60-day
payoff.
(60 = 50% of a 120 day cap).
ARTICLE 8
Iniurv Leave
All regular employees shall be granted industrial
accident or illness for the first seven (7) calendar days of
their disability. Effective with the 8th day of necessary
absence for such illness, each employee shall be authorized, upon
his/her request, to utilize any balance of his/her accumulated
sick leave credits to augment the amount of temporary disability
compensation he received to the extent that the total sum
received will result in a payment equal to his regular and normal
compensation. The utilization of sick leave for this purpose
shall end with the termination of the temporary disability or
when the accumulated sick leave credits have been exhausted
whichever occurs first.
When an employee sustains what they believe to be an
industrial injury or illness, the employee shall notify the
supervisor immediately, or as soon as possible. The employee
shall prepare and submit a report of injury or illness, and the
supervisor shall prepare the supervisor's report, and distri-
bution. In the event the employee is unable to prepare the
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report within 24 hours, the supervisor or a member of the
Division/Department staff shall prepare the required report.
Benefits will not be paid to the injured employee, and
medical bills will not be paid, until the required reports have
been filed with Risk Management, and a doctor's first report of
injury or illness has been received. The employee has the right
to be examined and treated by a physician of his/her choice,
within the required time, of the alleged injury or illness, as
required by the California Labor Code.
The City shall have the right to require the employee
be examined by a physician designated by the City, to assist in
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 employee and the physician selected by the City,
a third physician shall be mutually agreed upon between the
employee and the city to examine the employee, to assist in
making necessary medical determinations.
If an employee is receiving disability payments, the
person shall be entitled to use only as much sick leave or
vacation as, when added to the disability payments, will provide
for a full day's pay.
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ARTICLE 9
Leave of Absence without Pav
Leave of absence without pay is a temporary nonpay
status and absence from duty granted at the request of the
employee. Leave of absence without pay may be granted by the
Mayor and Common Council for a period not to exceed six months,
upon the positive recommendation of the Department Head and City
Administrator. Under justifiable conditions, said leave may be
extended by the Mayor and Common Council for additional periods.
Leave of absence without pay will be considered favorably if it
is expected that the employee will return to duty and that at
least one of the following 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 or conditions for which leave of
absence without pay may be granted are:
(1) For an employee who is disabled veteran re-
quiring medical treatment.
(2) For an employee who is temporarily mentally
or physically unable to perform his/her
duties.
(3) For an employee who files for or assumes
elected office.
(4) For maternity or paternity leave, upon the
recommendation of the attending physician.
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(5) For military leave when the employee has less
than one year of service to qualify for leave
with pay.
An approved leave of absence without pay for less than
60 days in any calendar year will not be considered a break in
service. Leave in excess of 60 days shall result in the advance-
ment of the employee's anniversary date and compensation
advancement date to such date as will account for the total
period of uncompensated time off. Failure to return to duty at
the expiration of the approved leave of absence without pay shall
constitute an automatic resignation.
The City's contribution towards an employee's health
and life insurance premiums will not be extended beyond the last
day of the month in which a leave of absence without pay begins
if the leave of absence without pay becomes effective during the
first fifteen 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 l5th day of the month, unless the employee is
returned to work from leave of absence without pay status prior
to the date of the City's contribution would be discontinued. In
the event the employee desires to maintain full health and life
insurance coverage while on leave of absence without pay status,
he/she may arrange to pay the insurance premiums for the coverage
desired (both employee and the employer portions). It is the
responsibility of the employee to contact the Payroll section in
this regard. The payment of the amount of the premiums must be
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made to the Payroll Section prior to the date which the City's
participation will terminate. Payments must be made monthly
thereafter until the employee either returns to work or his/her
employment with the City is terminated.
Upon an employee's return to work, the City's
contribution towards the employee's health and life insurance
premiums will begin on the first day of the month following the
end of the leave of absence without pay if that leave of absence
without pay terminates between the first and the fifteenth days
of the month, or on the first day of the next succeeding month if
the leave of absence without pay terminates after the fifteenth
day of the month.
Notwithstanding any other provision of this
section to the contrary, the City will continue its contribution
for health and life insurance premiums of an employee on leave of
absence due to any injury or illness arising out of and in the
course of his or her employment with the City.
ARTICLE 10
Health/Medical Insurance
A. In conjunction with the open enrollment period of
November 1987, the City will start a conversion process towards a
cafeteria type plan for Middle Management employees. Employees
will have $190 per month to "spend", cafeteria style, on a health
plan, dental plan, vision plan or additional life insurance plan
as made available through the City. City contribution monies not
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utilized on these plans is not usable in any other way and
reverts to the City if not utilized. The increased contributions
will take effect for payment of January 1988 premiums. In
conjunction with the open enrollment period of November 1988,
effective January 1989, the $190 amount increases to $220. In
conjunction with the open enrollment period of November 1989,
effective January 1990 the $220 amount increases to $240.
B. The Accidental Death and Dismemberment plan
currently offered to other bargaining units and other new health
plans (medical/dental/vision) as may be recommended by the City
Insurance Committee (in which the Middle Management unit is
included) and approved by the Council will be added to the
cafeteria plan via the open enrollment period of 1985, to be
effective early in 1986.
C. Cafeteria monies may be redesignated or a change of
plans may be made annually during the open enrollment period
only. Plan additions and drops are permitted during open enroll-
ment only, except for new dependents or the loss of one through
divorce, death or maximum age of child.
D. An employee within the bargaining unit may not add
another City employee as a dependent, or be added as a dependent
to another employee's City-sponsored health plan, in order to
receive "double coverage". An employee who does not choose to be
covered under one of the City-sponsored health insurance plans
may not utilize these funds for any other purpose.
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E. All members of the unit must participate in the
City sponsored long term disability insurance plan. Employees
must pay for LTD insurance. city insurance contributions may be
used to purchase long term disability insurance. The plan shall
provide for long term disability benefits as set forth in the
city insurance policy. The plan shall be mutually agreed to by
the City and the Union, and talks on same shall begin no later
than September 30, 1987. The parties intend to implement the
plan on or about January 1, 1988.
ARTICLE 11
PERS
The City will continue to contract with PERS for
the existing retirement benefit plan, and will contribute all of
the 7% employee contribution effective January, 1988.
ARTICLE 12
Phvsical Examination
The City shall pay medical fees for the physical
examination of any permanent member when such examination is
required and directed by the City after employment. The City may
arrange with a physician or medical group for such examination;
or if the situation warrants, the City may authorize an employee
to be examined by a doctor of his/her choice. In the event an
employee is authorized to be examined by a doctor of his/her
choice, reimbursement shall be made by the City for the cost
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thereof provided, however, that the amount of the reimbursement
shall not exceed the cost the City would have paid to its
contract physician or medical group. Physical exams taken by a
Middle Management employee on a voluntary basis are not reim-
burs able by the city. However, if a Department Head requires a
Middle Management employee to maintain a Class I or Class I
drivers license, such license exams as required will be scheduled
with the City'S contracting physician at no cost to the Middle
Management employees.
ARTICLE 13
Education Tuition Assistance
section 1. Purpose
A. To encourage the employees of the City of San
Bernardino to take college courses and special training courses
which will better enable them to perform their present duties and
prepare them for increased responsibilities.
B. To provide financial assistance to eligible
employees for education and training.
C. To establish eligibility requirements, conditions
and procedures whereby such assistance may be provided.
section 2. Eliqibilitv
A. Applications for tuition reimbursement will be
considered only from unit members/employees who have completed
probation.
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B. Reimbursement is not authorized for courses for
which the employee is receiving financial assistance from other
sources such as the GI Bill, Scholarships, etc.
C. Applications will be approved only for courses
directly related to the employee's job or directly related to a
promotional position in the employee's occupational specialty.
D. Courses not ostensibly related to the employee's
jOb, but which are required to qualify for a degree that is
directly related to his/her job may be reimbursable only after
all required occupationally related courses have been completed.
E. Prior to receiving tuition reimbursement, employees
must submit documentary proof of having received a grade of not
less than "B" for the course.
If objective ratings are not
rendered for a specific course, then a certificate of successful
completion must be submitted.
F. Approval will be limited to courses given by accre-
dited colleges and universities, city colleges or adult education
courses under the sponsorship of the Board of Education. Work-
shops, seminars, conferences and similar activities not identi-
fiable as a formal course of instruction within the curriculum of
a recognized educational institution, do not fall within the
purview of this program but may be authorized and funded by the
interested department upon approval of the City Administrator.
G. When an employee is required by his or her depart-
ment head to attend a particular course or seminar, the expense
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shall be borne entirely by the Department, outside of this
Article.
section 3. Reimbursement
A. Reimbursement will be for the cost of tuition or
registration fees and the required textbooks for each course.
Additional expenses such as meals and parking fees are not
reimbursable.
B. Costs for required texts are eligible for 100%
reimbursement and the employee may retain the book(s).
C. Tuition or registration costs of $25 or less are
eligible for 100% reimbursement. Tuition costs in excess of $25
are eligible for 75% reimbursement. Maximum tuition reimburse-
ment per semester is $125. NOTE: Summer session shall be
counted as a separate "semester" for purposes of this provision.
D. Employees shall be limited, for the purposes of
tuition reimbursement to a maximum of 2 collegiate level courses
of not more than a total number of units equivalent to six
"semester" units per semester. One "quarter" unit shall equal
2/3 of 1 "semester" unit.
section 4. Procedures
A. An employee who desires to seek tuition reimburse-
ment under the provisions of this Article must complete, in
triplicate, a City Educational Reimbursement form and submit it
to his/her Department Head for advance approval.
B. The Department Head will recommend approval or
disapproval, based on job relatedness, and availability of
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budgeted funds for training and forward the Educational
Reimbursement form to the Director of Personnel.
C. The Director of Personnel will recommend approval
or disapproval and forward to the city Administrator for final
action. One copy will be returned to the employee; a copy will
be returned to the department. It is necessary that the appli-
cant accomplish the procedures so far described in order to
ascertain the eligibility of the intended course of instruction
for reimbursement under the provisions of this Article prior to
the inception of the course.
D. The employee will submit his or her copy of the
approved application to the Personnel Department for reimburse-
ment within three months after completion of the course and final
grade has been received. The employee must include official
verification of his/her final grade with appropriate receipts for
tuition and textbook costs. These will be returned to the
employee upon request. Applications not submitted to the
Personnel Department within three months following completion of
the course become void.
E. Upon receipt of the application and required
documentation, the Personnel Department will determine whether
the completed course of instruction is compatible with the
provisions of section 2 and 3 of this Article. If found to be
compatible, the Personnel Department will compute the amount of
reimbursement, authenticate the application and forward it to the
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Finance Department with authorization to reimburse the employee
the approved amount from the appropriate budget account.
ARTICLE 14
Fines
The city shall pay for court fines imposed upon each
regular Middle Management employee within the unit of repre-
sentation as a result of his/her conviction of a traffic viola-
tion when such employee was directed to operate any faulty
vehicle or vehicular equipment, which was the proximate cause of
a mechanical or other traffic violation, provided that such
violation did not result from improper or negligent operation of
the vehicle on the part of the employee.
ARTICLE 15
witness Leave
unit members shall 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.
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ARTICLE 16
Blood Donations
interest of the city without receiving compensation for such
Employees in regular positions who donate blood in the
donation, may have the required time off with pay with the prior
approval of the immediate supervisor for each such donation.
This benefit shall not be charged to any accumulated leave;
provided, however, if the employee is unable to work after such
donation, time may be charged to accumulated sick leave or be
taken as leave without pay. Evidence of each donation must be
presented to the appointing authority to receive this benefit.
ARTICLE 17
Grievance procedure
PURPOSE:
The city of San Bernardino and the Middle Management
Unit realize the importance of a viable Grievance procedure to
aid in the resolution of disputes. It is recognized that, to
maintain high employee morale and harmonious relations, an
orderly method of processing grievances is necessary. This
procedure is intended to establish a systematic means to process
a grievance and to obtain fair and proper answers and decisions
regarding employee complaints. The representative of employees
and management at all levels will make continuing efforts to
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secure prompt disposition of grievances. Every effort should be
made to resolve grievances in the informal process.
The initiation of a grievance in good faith by an
employee shall not cast any adverse reflection on his/her stand-
ing with his/her supervisors or his/her loyalty as a City
department involved.
employee, nor be a reflection on the employee's supervisor or the
DEFINITION OF GRIEVANCE:
this Memorandum of understanding. Appeals arising out of civil
A grievance is an alleged violation of the terms of
Service examinations shall be submitted directly to the civil
to the Affirmative Action Officer. The remedy selected shall be
Service Board. Allegations of discrimination shall be submitted
the exclusive remedy pursued.
REPRESENTATION:
The aggrieved employee shall have the right to be
Grievance Procedure. Legal Counselor official representatives
represented. This representation may commence at any step in the
of the recognized employee organization only can represent the
time, unless he/she so desires. If the employee's Legal Counsel
one City employee representative for any employee at anyone
employee. No person hearing a grievance need recognize more than
is not from the formally recognized employee organization, a
representative of that formally recognized organization may
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attend the grievance hearing to insure that the solution reached
does not violate the terms of the M.O.U.
CONSOLIDATION OF GRIEVANCES:
In order to avoid the necessity of processing numerous
similar grievances at one time, a single grievance may be filed.
TIME LIMITATIONS:
Time limitations are established to settle a grievance
quickly. Time limits may be modified by agreement of the
parties. If at any stage of this Grievance Procedure the
grievant is dissatisfied with the decision rendered, it shall be
the grievant's responsibility to initiate the action which
submits the grievance to the next level of review. The grievant
may proceed to the next step if a reviewing official does not
respond within the time limits specified. A formal grievance may
be entered into or advanced to any step if the parties jointly so
agree.
STEPS IN THE GRIEVANCE PROCEDURE:
The procedures outlined herein constitute the informal
and formal steps necessary to resolve an employee's grievance.
An attempt to settle the grievance in the informal structure at
the employee-supervisor level is required. The grievance must be
submitted to the Informal step within ten (10) working days after
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the employee is aware of the conditions precipitating the
grievance.
A. Informal:
Initially, the grieving employee shall, on a personal
face-to-face basis, discuss his/her complaint with his/her
immediate supervisor informally. within five working days the
supervisor shall give his/her decision to the employee orally.
B. Formal:
(1) If the grievance is not adjusted to the
satisfaction of the employee involved, within seven working days
after the initial and informal presentation of the grievance, the
grievance shall be submitted in writing, by the employee or
his/her designated representative to the Department Head within
the next ten working days. The Department Head shall meet with
the employee and/or his/her designated representative within
seven working days of receipt of the written grievance and shall
deliver his/her answer, in writing, to the employee within seven
working days after the meeting.
(2) If the grievance is still not adjusted, the
aggrieved party may file a written appeal with the City
Administrator or his/her designated representative within ten
working days from the date of delivery of said answer. The City
Administrator or his/her designated representative may meet with
the employee and, if the employee desires, the designated Union
representative, within ten working days after the receipt of the
appeal and shall deliver his/her answer, in writing, to the
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employee within ten working days after the meeting. The City
Administrator's decision is final and binding on all parties,
unless reversed by court decision.
(3) Any grievance not answered by the City within
the specified time limits listed above shall be deemed settled on
the basis of the Union's original demand. Likewise any grievance
not answered by the Union as above shall be deemed settled on the
basis of the City's last official answer.
(4) Time Limits as stated above, 1-3 may be
extended by mutual agreement of the employee, his/her repre-
sentative (if any) and the City.
ARTICLE 18
Non-Discrimination
The City and the union agree that there shall be no
discrimination against employees within the bargaining unit
because of race, color, creed, religion, national origin, sex,
age, marital status, union membership or because of physical
handicap with respect to a position the duties of which can be
performed efficiently by an individual with such a physical
handicap without danger to the health and safety of the
physically handicapped person or to others.
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ARTICLE 19
Seniority
Department Heads will consider seniority in authorizing
vacations and scheduling shift assignments and transfers.
Seniority shall prevail when all the factors are not signi-
ficantly different. "All factors" is defined as special quali-
fications, skills, work performance as well as attendance and
safety. An employee shall not attain seniority until the comple-
tion of a probationary period. Employees joining the Mid-
Management unit on or after January 1, 1986 shall have a
probationary period of one year. After successfully completing
same, the seniority date shall be from the last date of hire
within the Department, Division or section.
ARTICLE 20
Waiver Clause
The parties acknowledge that during the meet and confer
process which resulted in this Memorandum of Understanding each
had the unlimited right and opportunity to make demands and pro-
posa1s with respect to any subject or matter not removed by law,
City Charter, Ordinance, Resolution, Personnel and Departmental
rules and regulations from the scope of negotiable issues and
that the understanding arrived at by the parties after the exer-
cise of that right and opportunity are set forth herein. There-
fore, the City and the Union for the life of this Memorandum of
Understanding each voluntarily and unqualified waives the right,
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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 Memorandum of Understanding, or with respect to
any subject or matter not specifically referred to or covered in
this Memorandum of Understanding 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 Memorandum of Understanding. This Memorandum of
Understanding contains items which fully satisfy all claims
(alleged or proven) as a result of the prior Management/
Confidential agreement, of which the Middle Management unit was
once a part.
ARTICLE 21
Severability
It is understood and agreed that this Memorandum of
Understanding is subject to all current and future applicable
Federal and State Laws and Regulations and the current provisions
of the Charter, Ordinances, Resolutions and other rules and regu-
lations of the City of San Bernardino. If any part or provision
of this Memorandum of Understanding is in conflict or incon-
sistent with such applicable provisions of those Federal, State
of City enactments, or it is otherwise held to be invalid or
unenforceable by any court of competent jurisdiction, such part
or provisions shall be suspended and superseded by such appli-
cable law or regulations, and the remainder of this Memorandum of
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Understanding shall not be affected thereby. The parties hereto
agree to refrain from initiating any action that would invalidate
any part of the Memorandum of Understanding.
ARTICLE 22
Duration of Aqreement
This Memorandum of Understanding will run for the
period starting September 16, 1987 and ending June 30, 1987.
ARTICLE 23
Contract Printinq
The City and the Union will share the cost of the
printing of the Memorandum of Understanding as follows:
The Union agrees to pay for the cost of the copies to
be distributed to its unit members.
ARTICLE 24
Pavroll Deductions
It is agreed that Union membership dues, insurance, and
premiums for plans sponsored by the Union shall be deducted by
the City from the pay warrant of each employee covered hereby who
files with the City a written authorization requesting that such
deduction be made. Remittance of the aggregate amount of all
membership dues and insurance premiums deducted from the pay
warrants of employees covered hereby shall be made to the Union
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within 30 days after the conclusion of the month in which said
membership dues and insurance premiums were deducted.
The City shall not be liable to the Union employees, or
any other persons by reason of the requirements of this Article
for the remittance of any sum other than that constituting actual
deductions made from employee wages earned. The Union shall hold
the City harmless for any and all claims, demands, suits, orders,
judgments or other forms of liability that may arise out of or by
reason of action taken by the City under this Article.
ARTICLE 25
Uniforms
The animal control officer shall receive a uniform
allowance of $250 annually.
ARTICLE 26
Waqes
A. Wage Increases. Effective the first payroll period
in January, 1989, a 4% increase will be added to the salary
schedule of Middle Management. Effective the first payroll
period in January 1990, a 4% increase will be applied to the
Middle Management salary schedule.
B. Acting Pay. A Middle Management employee who is
assigned acting (complete) responsibility for a division/
department by the city Administrator shall be paid for same as
follows:
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The rate of pay shall be a step on the range of the
higher position which allows the "Acting" employee at least a
increase. The employee shall be paid from the first day of such
assignment. To qualify for such acting pay, the Middle Manage-
ment employee must be assigned to same for at least 30 conse-
cutive working days.
The purpose of this Article is to compensate a Middle
Management employee during extended absences or vacancies of
Division/Department Heads, when the Middle Management employee
has been formally assigned "acting" capacity. It is not the
purpose of this Article to provide such compensation for vacation
relief, or for limited/short term absences.
C. Salarv Survey Implementation
1. step to X, which means an employees will be
placed on the step in the new salary range
which provides for an increase over his/her
current salary.
2. There will be a moratorium on step increases
from the date of the implementation of the
salary survey until the payroll period
beginning July 4, 1988.
3. The provisions of Resolution 64-13 not
withstanding regarding employment at the
entry step, from now on all employees shall
serve twelve (12) months in a step,
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(including step 1 and 2) before becoming
eligible for a step increase.
4. A new first step will be added to the five
step salary ranges recommended in the salary
survey effective with implementation of the
salary survey. The new step 1 will be 5
percent less than step 2. No current middle
management employee will be placed on the new
step 1 as a result of the implementation of
the salary survey.
5. On July 4, 1988 a new top step (step 7) will
be added to the salary ranges. The new step
7 will be 5 percent more than step 6.
Classification Studv and Salarv Survev
Prior to September 30, 1987, the City and Union
will meet and confer about the classification study and salary
study with regard to the following job classifications;
Recreation Center Manager I, Recreation Center Manager II,
Community Services Center Manager, Recreation Supervisor.
ARTICLE 27
Overtime
This overtime article shall replace and supersede the
current policy regarding accrual and payment for overtime work as
set forth in Resolution No. 64-33.
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Compensatory Time Off
Employees subject to this MOU and exempt from the
overtime provisions of the Fair Labor Standards Act shall be
assigned to one of the following four groups and earn
compensation for work performed in excess of forty (40) hours in
a workweek as follows:
Group I - Group I employees shall be assigned 40 hours
of compensatory time off on July 1st of each year this M.O.U. is
in effect. Unused compensatory time off may not be carried
forward from year to year and shall not be paid for at anytime.
Group I employees shall not be paid for unused compensatory time
off at anytime. Group I employees shall not earn any other
additional compensatory time off or other compensation for
overtime work.
Group I Classifications:
Administrative Operations Supervisor I
Assistant Traffic Engineer
Building Inspector Supervisor
CID Manager
civil Engineering Associate
Community Services Center Manager
Construction Engineer
Custodial Supervisor
Dispatch Supervisor (Police Only)
Equipment Mechanic Supervisor
Occupational Health Nurse
Police Communications Oper. Supervisor
Print Shop Supervisor
Recreation Center Manager I and II
Recreation Supervisor
Rehabilitation Coordinator
Senior Fire Prevention Inspector
Stores Supervisor
Senior Buyer
Staff Analyst III
Senior Electronics Technician
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Group II - Group II employees shall earn compensatory
time off on an hourly basis for all hours worked in excess of 40
hours in a workweek under the following circumstances; (a) the'
overtime work is approved in advance by the employee's supervisor
and (b) is over an hour in length. Compensatory time off shall
only be earned in one hour increments. Employees may have on the
books a maximum of forty (40) hours compensatory time off at any
time. Group II employees shall not be paid for unused
compensatory time off at any time. Group II employees shall not
earn any other additional compensatory time off or other
compensation for overtime work.
Group II Classifications:
Police Records Manager
Senior Planner
Street Lighting Supervisor
Conservation Crew Supervisor
Group III - Group III employees shall be paid for all
hours worked excess of eighty (80) hours in a pay period at their
straight time rate of pay under the following circumstances; (a)
the overtime work is approved in advance by the employee's
supervisor and (b) is over an hour in length per day/assignment.
Group III employees shall not earn any other additional
compensatory time off or other compensation for overtime work.
Group III Classifications:
Animal Shelter Operations Manager
Electrical and HVAC Supervisors
Maintenance Carpenter Supervisor
Traffic Signal Electrical Supervisor
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Group IV - Group IV employees shall be assigned 40
hours of compensatory time off on July 1st of each year this
M.O.U. is in effect. Unused compensatory time off may not be
carried forward from year to year and shall not be paid for at
any time. Group IV employees shall not be paid for unused
compensatory time off at any time. Group IV employees shall not
earn any other additional compensatory time off or other
compensation for overtime work, except for hours worked over 40
hours in a week as a result of the employee being assigned to
work their regularly scheduled days off. Employees shall be paid
at their straight-time rate of pay for hours worked on their
regularly scheduled days off.
Group IV Classifications:
Building Maintenance Supervisor
Maintenance Supervisor
Park Maintenance Supervisor
Sanitation Route Manager
Sanitation Route Supervisor
This article shall not apply to the following
positions: Dispatcher Supervisor (Fire) and Fire Equipment Shop
Foreman, who are covered under the FLSA.
Nothing in this Article shall prevent any exempt
employee from vOluntarily performing overtime work without
compensation or claim for same.
Only hours actually worked shall be counted for
purposes of calculating eligibility for compensatory time off or
overtime compensation as appropriate, except for approved witness
leave as set forth in the M.O.U. and jury duty leave.
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ARTICLE 28
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 1990,
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.
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SIGNATURE PAGE
All the terms and conditions set forth in the Memo-
randum of Understanding are hereby acknowledged and agreed to by
each party upon this 16th day of September 1987.
CITY OF SAN BERNARDINO
SAN BERNARDINO PUBLIC EMPLOYEES'
ASSOCIATION/MIDDLE MANAGEMENT
EMPLOYEES
Designated Representative
APPROVED:
CITY OF SAN BERNARDINO
BY:
Mayor
ATTEST:
City Clerk
-iii-
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TITLE
Agency Personnel Rules
Blood Donations
Contract Printing
Duration of Agreement
Education Tuition Assistance
Fines
Grievance Procedure
Health/Medical Insurance
Holidays
Injury Leave
Leave of Absence without Pay
Management Rights
Non-Discrimination
No strike
Notice of Intent to Reopen
Overtime
Payroll Deductions
Physical Examination
PERS
Recognition
Severability
Seniority
sick Leave
Uniforms
Vacation
Wages
waiver Clause
witness Leave
870911 kw A122.CJW 5
INDEX
-iv-
.,
i
"'
ARTICLE
PAGE
3
16
23
22
13
14
17
10
6
8
9
2
18
4
28
27
24
12
11
1
21
19
7
25
5
26
20
15
3
27
34
34
22
26
27
19
8
15
17
1
31
4
40
37
34
21
21
1
33
33
11
35
4
35
32
26