HomeMy WebLinkAbout32-Personnel
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CI'l.1 OF SAN BERNARD..]O - REQUl,.iT FOR COUNCIL Ac..AON
.,
From:
Roger DeFratis
Personne 1
Subject:
General Employees Memorandum of Under-
standing Resolution
Dept:
Date: December 11, 1937
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Synopsis of Previous Council action:
None. City negotiators and Union representatives have reached a Memorandum of
Understanding (Exhibit "A")
Recommended motion:
Adopt resolution.
~~~
Contact person:
Roger DeFratis
Phone:
5008
Supporting data attached:
Ward:
FUNDING REQUIREMENTS:
Amount:
Source:
Finance:
Council Notes:
7S.0262
Agenda Item No
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SAN BERNARDINO
AND THE AMERICAN FEDERATION OF STATE, COUNTY AND MUNICIPAL
EMPLOYEES, COUNCIL 36, LOCAL 122, AFL-CIO (GENERAL PERMANENT
EMPLOYEES), COMMENCING ON THE 2lST DAY OF DECEMBER 19B7 AND
ENDING THE LAST DAY OF JUNE 1988.
WHEREAS, The City's negotiators have met and conferred with
the
representatives of the American Federation of State, County
l22 in accordance with
the Cali-
and Municipal Employees, Local
fornia and:
WHEREAS, The City's representatives and the Union represent-
atives
have reached a Memorandum of Understandinq for the period
commencing on the 2lst day of December, 1987, and ending the last
day of June 1988:
WHEREAS, said Memorandum of Understanding has been reduced
to writing and a copy thereof is attached hereto marked Exhibit
17 "A" and incorporated herein by reference as though fully set
18 forth at length.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
I.
That the Memorandum of Understanding between the City
of San Bernardino and the American Federation of State, County
and Municipal Employees, Local l22, dated December 2l, 1987, for
the Bargaining Unit.of General Permanent Employees for the period
commencing on the 2lst day of December, 1987 and ending the last
day of June 1988, a copy of which is attached hereto and incorp-
orated herein, is hereby approved.
(Continued)
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7 of
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17 The foregoing resolution is hereby approved this
18 day of __________, 1987.
2.
The Mayor of the City of San Bernardino is hereby
authorized and directed to execute the Memorandum of
Understand-
ing for and on behalf of the City of San Bernardino.
I HEREBY CERTIFY that the foregoing resolution was
adopted by the Mayor and Common Council of the City of San
nardino at a regular meetinq thereof, held on the _
duly
Ber-
day
, 1987 by the following vote, to wit:
AYES:
Council Members
NAYS:
ABSENT :
City Clerk
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Approved as to form and legal content:
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Mayor of the City of San BernardIno-
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12-11-87
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MEMORANDUM OF UNDERSTANDING
BETWEEN
THE CITY OF SAN BERNARDINO
AND
THE AMERICAN FEDERATION OF
STATE, COUNTY AND MUNICIPAL EMPLOYEES, AFL-CIO
LOCAL 122
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 American Federation of
state, County and Municipal Employees, AFL-CIO, Local 122
(hereinafter known as the Union) representing.the unit of general
permanent 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 the date of its
adoption by the City Council and continue until the 30th day of
June, 1988. 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.
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TABLE OF CONTENTS
I PREAMBLE OF TERM OF MEMORANDUM OF UNDERSTANDING
II TABLE OF CONTENTS
ARTICLE
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TITLE
Recognition/Union Security
Management Rights
Contract Services
Agency Personnel Rules
No strike
Payroll Deduction for Union Dues
Work Periods
PERS
Overtime
Shift Differential
Call-Back/Stand-By Assignment , Pay
Higher Acting Classification Pay
Vacations
Holidays
Sick Leave
Payment for Unused Sick Leave
Injury Leave
Leave of Absence Without Pay
Bilingual Pay
Health/Life Insurance
Physical Examinations
Personal Tool Replacement Allowance
Uniforms and Rain Gear
Education Tuition Assistance
Fines
Witness Leave
Blood Donations
Polygraph
Bulletin Boards
Seniority
Probationary Period
Grievance Procedure
Union Representation
Employee Lists
Skelley Rights
Non-Discrimination
Personnel Piles
Safety Committee
Labor-Management Committee
Parking Facilities
Waiver Clause
Severability
Duration of Agreement
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Contract Printing
Wages
Notice of Intent to Reopen
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IV SIGNATURE PAGE
V RESOLUTION
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S I G N A T U R E P AGE
All the terms and conditions set forth in the
Memorandum of Understanding are hereby acknowledged and agreed to
by each party upon this
day of
CITY OF SAN BERNARDINO
LOCAL 122-AFL-CIO
AFSCME, COUNCIL 36,
LOCAL 122-AFL-CIO
By:
Designated Representative
Business Representative
APPROVED:
CITY OF SAN BERNARDINO
By:
Mayor
ATTEST:
city Clerk
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ARTICLE 1
Recoqnition/Union Securitv
Exclusive recognition of the Union is acknowledged for
purpose 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
general permanent employees in the unit for which the Union has
been recognized exclusively as the majority representative are
listed under Section Ten of city Resolution Number 6413 as
amended, excluding therefrom position and classification titles
designated as management/confidential, middle-management, or
subsequently so designated as determined solely 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 themself, the employees shall be requested to provide
the Union and the City with a signed statement waiving the right
to Union representation. in such matters.
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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
entering into this understanding, except to the extent that the
provisions of this Memorandum of Understanding specifically
curtails or limits such rights, powers, and authority. Further-
more, the City retains all its exclusive rights and authority
under City Charter, Ordinance, 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, commis-
sions, 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, 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 of
city-issued wearing apparel, equipment or technology, means
organizational structure and size and composition of work force
and allocate and assign work by which the City operations are to
be conducted: determine the change and the number of work
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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: to assign work to
and schedule employees in accordance with requirements as
determined by the City and to establish and change work schedules
and assignments upon reasonable notice, establish and modify
productivity and performance programs and standards: discharge,
suspend, demote, reprimand, withhold salary increases and
benefits, or 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
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 con-
tracted, and that decision will result in change in the work
status of employees in the AFSCME representation unit, prior to
concluding the research.and analysis necessary for the imple-
.entation of such a decision, the City will meet and confer in
good faith concerning the manpower resource considerations
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involved and receive recommendations from the Union to reduce the
impact upon jobs performed by unit employees. All such input and
recommendations by the Union will be given consideration before
presenting a contracting recommendation to the Mayor and Common
Council.
ARTICLE 4
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 Relations, as amended:
and Resolution No. 10585, Adopting Rules and Regulations Relating
to Employer-Employee Relations, as amended, which documents will
continue in effect, except for provisions modified by the City
Council in accordance with State laws, orders, regulations,
official instructions or policies. In the case 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, in which cases the Union will be consulted with as
soon as possible after the changes.
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Any departmental work rules initiated, established, and
promulgated by the Employer shall be posted on bulletin boards 10
days prior to their effective date, except in emergency
situations. The reasonableness of any disciplinary action taken
as a result of a violation of any departmental work rule may be
determined in the Grievance Procedure if the employees deem it
necessary. The Employer shall make reasonable efforts to
acquaint employees with work rules. Work rules shall be uni-
formly applied.
ARTICLE 5
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 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 Memorandum 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
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.embers, individually or collectively, engage in any curtailment
or restriction of work at any time during the term of this MOU.
ARTICLE 6
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 Article
for the remittance 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 an 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
1etter of authorization, signed by the Secretary/Treasurer,
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,
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however, that the Union shows proof that the general membership
has voted and approved any change in the amount of dues. The
employee's earnings must be sufficient after other legal and
required deductions are made to cover the amount of the dues
checkoff authorized. When a member in good standing of the Union
is in a non-pay status for an entire pay period or is in a non-
pay status during only part of the pay period, and the salary is
not sufficient to cover the full withholding, no dues withholding
will be made to cover the period from future earnings, nor will
the member deposit the amount with the City which would have been
withheld if the member had been in a pay status during that
period. All other legal and required deductions have priority
over employee organization dues. Dues withheld by the City shall
be transmitted to the office designated by the Union, in writing,
at the address specified in the letter of authorization.
All unit members who were members of the Union on
December 2, 1985, and those employees who thereafter become
.embers shall remain as members in good standing of said Union
for the duration of this agreement except as provided for in this
section.
During the first full work week (Monday through Friday)
in April, a member may request, in writing, with an immediate
copy to the Union President, to withdraw hiS/her authorization
for dues deduction, which shall become effective in the first
payroll period in June.
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The Union shall indemnify, defend, and hold the City of
San Bernardino harmless against any claims made, and against any
suit instituted against the City of San Bernardino in regards to
employee organization dues. In addition, the Union shall refund
to the city of San Bernardino any amounts paid to it in error,
upon presentation of supporting evidence.
ARTICLE 7
Work Periods
The work week shall normally consist of 40 hours of
work within a period of 7 consecutive days or 80 hours of work
within 14 days, except as otherwise provided by law. All
bargaining unit employees shall be scheduled to work beginning at
regular starting times and ending at regular quitting times.
A work day shall consist of 8 consecutive hours of work
in a 24-hour period unless otherwise specified in this agreement.
Work schedules shall be posted on all department bulletin boards
showing the employees' shift, workdays, and, where known, hours.
It is understood and agreed that Department Heads shall
establish such work schedules as may be necessary for the
efficient and economical provision of services for the public,
and to make such adjustment in work shifts as are, from time to
time, required. The City shall give the employees and the Union
two weeks notice of any.proposed changes in scheduled work shifts
prior to implementation. If the Union wishes to consult with
.anagement regarding the proposed changes, it shall notify the
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City within 5 working days from receipt of notice. Upon notifi-
cation by the Union, both parties shall meet promptly in an
earnest effort to reach a mutually satisfactory resolution of any
problems arising as a result of the proposed changes. Work
schedule changes resulting from an emergency situation or
circumstances which disrupt normal City operations as determined
hy the Department Head are not bound by the 2-week notice
requirement.
ARTICLE 8
PERS
The city will pay 4% of the employees' PERS con-
tribution to the state Retirement System, credited to the
employee's personal account as a fringe benefit, effective
January 4, 1988. Final retirement compensation shall be based
upon the employee's highest paid twelve (12) month period.
ARTICLE 9
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
Bead or designated Division Head, who shall thereupon obtain the
approval of the Mayor or City Administrator prior to authorizing
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the performance of such overtime work. Emergency overtime work
is authorized without such prior approval if obtained at the
earliest possible time after the performance of emergency work.
In instances where "Stand-by" and "Call-back" work is
required and directed, it shall be regulated by and paid in
accordance with the provisions contained in Article 11.
ARTICLE 10
Shift Differential
All employees within the bargaining unit assigned to
the Communications Division and Police Records, shall receive the
following pay differential, in addition to their regular base
rate of pay, for actual "shift work" designated as either the
.swing" or "graveyard" shift.
A. An employee assigned to the "swing" shift (normal
start and ending time of 4:00 p.m. to 12 midnight, respectively)
shall receive $.20 per hour extra for all hours actually worked
during such assignment: or
B. An employee assigned to the "graveyard" shift
(normal start and ending time of 12 midnight to 8:00 a.m.,
respectively) shall receive $.30 per hour extra for all hours
actually worked during such assignment.
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C. Police Record Clerks:
Police Records Clerk II
$0.3372 per hour
Police Records Clerk I
$0.3055 per hour
$0.2507 per hour
Police Clerical Trainee
ARTICLE 11
Call-Back/Stand-Bv Assianment , Pav
An employee who is free to engage in his/her 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 with the Department Head or designee) where he/she can be
reached, is not "working" while on "stand-by." If "Called Back,"
the time actually worked is paid in accordance with the overtime
Article.
If a Department Head places an employee on "stand by",
defined as the employee being in a state of readiness and
immediate availability to come to work, outside of their normal
work hours, AFSCME Local 122 (Union) and the city of San
Bernardino (City) hereby agree that the following is compensation
in full for the hours of work of the employee when in such
.stand by" status:
For the employee's 5 work days
during their work week (or pro
rate at 1. 0)
5 work hours
For the employee's 2 non-work
days during their work week
(or pro rate at 2.5)
5 work hours
OR
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For all seven days during a
work week
10 work hours
AND
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.
The hours as above are, and will be paid, as time
1 extra work hour
per holiday
added to the above
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 stand by status.
The time worked (if any) shall also be paid at the FLSA overtime
rate (time and one-half).
General unit Call Back Pav: An employee cannot be in
.stand by" status and "call back" status at the same time.
Employees not formally assigned "stand by" status may
still be called back to work. If reached by their supervisor and
called back to work, the employee will be paid for actual hours
of work at the FLSA overtime rate (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.
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Wherever the above language conflicts with Articles 11
or 9 of the 1985-87 General unit Memorandum of Understanding, the
above language will take precedence, save that the Article II
list process remains in effect.
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 stand by
status as to bring them within the provisions of Fair Labor
standards Act Regulations 29 CFR 785.17.
Departments which utilize call-back/stand-by will
prepare a list of qualified employees. Such lists will be posted
in the department or division office. Stand-by and overtime will
be assigned on a rotation basis. Only those employees who appear
first on the list will have the right to reject an assignment to
overtime, stand-by and call-back. Employees rejecting such
assignments will automatically be placed on the bottom of the
list. The employee listed next must take the assignment. An
employee has the option of rejecting such assignments only once
and must accept when called upon in the next rotation.
ARTICLE 12
Hiaher Actina Classification pav
Upon approval by the city Administrator, a Department/
Division Head may assign or reassign a qualified employee within
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the bargaining unit to discharge the duties of a higher
classification when a position is vacant, or in the absence of
the incumbent.
An employee so assigned in writing by the Department/
Division Head with the approval of, the City Administrator, shall
receive acting duty pay on the 6th consecutive day of each acting
duty assignment. No acting duty pay will be paid for the first 5
days of each acting duty assignment except for those employees
who can prove that they have served a twenty day demonstration
periOd since July 1, 1985, based upon their official personnel
department records. The entire period of assignment at the
higher classification including the initial work demonstration
period may not exceed 60 working days except by the mutual
agreement of the City and the employee.
An employee assigned to work in a higher classification
on an acting basis shall receive at least 5\ above his/her
current base rate of pay.
Refuse employees assigned to work in a vacation relief
capacity shall not be entitled to higher acting classification
payor credit towards the initial work-demonstration period.
other practices pertaining to this Article will continue in
effect.
The City will not circumvent the intent of this Article
by using various employees to thwart the intention of this
Article.
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ARTICLE 13
Vacations
A. All employees within the bargaining unit covered
by this Memorandum of Understanding shall be entitled to annual
paid vacations as follows:
Completed years of Rate of Accrual Equivalent
Continuous service* per month** Davs per vear
1 year *** 0.8330 working lO working days
days
5 years 1. 2500 working l5 working days
days
15 years 1. 6670 working 20 working days
days
20 years 2.0833 working 25 working days
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
vacation hours which have been accrued but not used. In the
event said employee has been permitted to take vacation which
exceeds the number of hours actually accrued, a deduction shall
be made from the employee's final compensation for the number of
hours in excess of the accrual.
B. The amount of accrual shall not exceed the
specified number of days granted per year.
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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 two years total accumulated vacation credits upon
approval by the Department Head. Vacations or portions thereof
from a prior year may be taken consecutively with vacations or
portions thereof of a succeeding year, subject to the approval of
the Department Head. Except as approved by the Department Head,
no vacation or portion thereof from a prior year shall run conse-
cutively with the vacation of a succeeding year: and a period of
3 or more months should normally elapse between the expiration of
one year's vacation and the commencement of the next year's
vacation.
Requests to utilize accrued vacation shall be submitted
in writing on city approved forms to the Department Head.
Department Heads shall respond to vacation requests submitted on
City approved forms within five 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 employees request before the expiration of five
work days.
The vacation period to which any employee shall be
entitled shall be assigned by the Head of the Department in the
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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 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. 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 vacation, or
deduction for unearned vacation shall be made on the basis of the
hourly rate of pay being received by the employee on the date of
termination.
G. 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.
H. The employee shall not lose any vacation time off
due to action by the City.
I. Vacation credits may be taken off in increments of
not less than 1/2 day with prior department approval.
J. Continuous Service defined: Whenever the term
.year 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 10
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acnths or more of compensated service within the 12-month period
immediately preceding the date of the employee's return to
service: and that employees compensated on a daily basis, working
5 days a week, shall have completed 217 or more compensated days
within the 12-month period immediately preceding the date of the
employee's return to service: and that employees compensated on a
daily basis, working 6 days a week, shall have completed 261 or
acre compensated days within the 12-month period immediately pre-
ceding 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.
K. When an employee returns to work after a break in
.continuous service" as defined, 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
.onthly from the date of return to service from such approved
1eave of absence, based upon the total length of service of the
officer or employee.
ARTICLE 14
Holidavs
A. All unit members shall be entitled to 13 holidays
each year. The following days will be holidays for the purpose
of this Memorandum of Understanding.
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New Year's Day
Martin Luther King, Jr. Day
Memorial Day
Independence Day
Labor Day
Traditional Veteran's Day (November 11)
Thanksgiving Day
Day after Thanksgiving
Christmas Eve Day
Christmas Day
New Year's Eve Day
Two Floating Days, per year (see "B")
B. Each Department Head shall consider any request of
an employee as to preference for taking the two floating
holidays, per year, provided however, the final right to allot
the date to be observed is exclusively reserved to the Department
Head. Only unit employees who have satisfactorily served in the
employ of the City continuously for at least 6 months shall be
eligible to take 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 holidays.
The Department Head will not "unreasonably" withhold permission
to take time off.
All full-time employees within the bargaining unit,
with the exception of those employees shown in the following
paragraphs, shall be allowed the above holidays at full pay when
such holidays occur within the regularly assigned working periods
provided they are in a paid status during any portion of the
working day immediately preceding or succeeding the holiday. If
it becomes necessary for an employee to work on any of the above-
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mentioned holidays, except as provided herein, he/she shall
receive pay at the regular rate gng shall be allowed another day
off at full pay, as approved by the Department Head.
C. Dispatchers of Central Communications Division
working a shift schedule, and employees of the Police Department
except personnel assigned to work a normal 5-day work week, shall
be allowed in-lieu time off for above holidays at full pay when
such holidays occur within the regularly assigned working period
or shall receive an extra day's pay for the day worked. The
decision as to whether in-lieu time off or pay is to be received
shall be based on the availability of funds and needs of the
department, as determined by the Department Head with the
approval of the City Administrator. If in-lieu time off is
directed by the Department Head, it may be added to the regular
annual vacation period but must be taken within one year of the
date 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 for: (1)
Veteran's Day, November 11, (2) the Friday after Thanksgiving
Day: and (3) (4) the holidays observed the day before Christmas
and the day before New Year's Day. Said employees shall receive
an additional days pay for each such holiday on which they are
required to work. If such holidays occur on a normal day off for
said employees, they shall receive no additional pay.
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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 12-month period may not be
accumulated beyond that total number of holidays allowed each
year by this Memorandum of Understanding.
ARTICLE 15
sick Leave
A. sick leave means the absence from duty of an
employee because of illness or injury, exposure to contagious
disease, or attendance upon a member of his/her immediate family
who is seriously ill and requires the care of or attendance of an
employee. Immediate family means: husband, wife, grandmother,
grandfather, mother, father, sister, brother, son, daughter,
uncle, aunt, mother-in-law, father-in-law, sister-in-law,
brother-in-law, son-in-law, daughter-in-law, step parents, step
children.
Not more than 5 days of sick leave may be granted to a
unit member for each absence for purposes of attending the
funeral of a member of the employee's immediate family. The City
.ay require an employee to submit evidence of eligibility to use
sick leave for purposes.of attending the funeral of a member of
the employee's immediate family.
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Not more than 5 days of sick Leave within any calendar
year may be granted to an employee for the care of or attendance
upon members of his/her immediate family. Upon the Department's
request, an employee must provide a physician's statement to
justify a sick leave of 5 consecutive days or longer. If the
Department Head finds, with just cause, that sick leave is being
abused, the employee may be required to submit a doctor's
statement. Funeral leave accumulated by an employee as of the
effective date of this agreement shall be transferred to an
employee's sick leave account.
No absence due to illness or injury in excess of five
working days shall be approved except after the presentation of
satisfactory evidence of illness or injury: and a certificate
from a practicing physician or an authorized practicing
chiropractor approved by the Mayor and Common Council may be
required by the Department Head and shall be subject to his
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
notification, the Mayor or Common Council may terminate Sick
Leave compensation and reject any claim therefor. The Mayor or
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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 officer or employee is physically or
psychologically able to perform his/her work and duties
satisfactorily before permitting an officer or 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 4 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.
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, he/she shall be allowed to take vacation
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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 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 unit members who are actively on
duty, have been in the service of said City for 6 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 which is
compensable under Article 17-Injury Leave, shall receive their
full salary, wages or compensation for a period of one day for
each month of continuous service: provided that such salary,
wages or compensation shall cease upon the exhaustion of all
accumulated Sick Leave: and further provided that Sick Leave
shall not accumulate while said unit members are being
compensated under Injury Leave Article of this Memorandum of
Understanding.
Said sick Leave may be accumulated without limit and
time off with pay for sick Leave shall be considered as time
worked for purposes of the accrual of Sick Leave only. Sick
Leave usage shall not be decreased by the fact that any legal
holiday occurs during the time off on account of illness. The
words "legal holidays" shall have the meaning ascribed to them in
Article 14-Holidays, of this Memorandum of Understanding. sick
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Leave shall not accumulate during periods of leave of absence
without pay. The word "working day" shall mean a normal 8-hour
day to which an employee has been assigned to work.
six working days of sick Leave are granted after the
first 6 calendar months of continuous service as herein provided
for all unit members and shall be computed at the rate of
approximately 3.7 hours per pay period. In the event an
employee works less than 50t 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.
Approved vacation, sick leave, holiday or compensatory
time off shall be considered as time worked for the purpose of
computing sick Leave benefits only.
Whenever the employee uses all allowable sick leave,
further absences may be charged against accrued vacation: or with
Department Head approval, the employee may take loss of pay
rather than vacation.
ARTICLE 16
PaYment for Unused sick Leave
The City shall continue in effect its present policy of
making payment for unused sick leave to permanent General
Employees within the unit of representation upon retirement, or
to the estate/beneficiary of any such employee who dies during
employment. Payment for 50t of accumulated, unused sick leave
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shall be made provided that in no event shall such compensation
exceed 60 working days of such leave. (Example: 50\ of 120
days = 60 days paid max.).
ARTICLE 17
Iniurv Leave
All regular employees shall be granted industrial
accident and illness absence with full pay for each such accident
or illness for the first 7 calendar days of their disability.
Effective with day 8 of the necessary absence for such illness,
each employee shall be authorized, upon his/her request, to
utilize any balance of his/her accumulated sick leave credits to
augment the amount of temporary disability compensation received,
to the extent that the total sum received will result in a
payment equal to his/her regular and normal compensation. The
utilization of sick leave for this purpose shall end with
termination of the temporary disability or when the accumulated
sick leave credits have been exhausted, whichever occurs first.
When an employee sustains what he/she believes to be an
industrial injury or illness, the employee shall notify the
supervisor immediately, or as soon as possible. The employee
shall prepare and submit a report of injury or illness, and the
supervisor shall prepare the supervisor's report, and make
distribution. In the event the employee is unable to prepare the
report within 24 hours, the supervisor or a member of the
Division/Department staff shall prepare the required report.
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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 their choice, within the
required time, for the alleged injury or illness, as required by
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 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
.aking 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.
ARTICLE 18
Leave of Absence Without pav
Leave of Absence without pay is a temporary non-pay
status and absence from duty granted at the request of the
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employee. Leave of absence without pay maybe granted by the
Mayor and Common Council for a period not to exceed six months,
upon the positive recommendation of the Department Head and the
city Administrator. Under justifiable conditions, said leave may
be extended by the Mayor and Common Council for additional
periods. Leave of absence without pay will be considered
favorably if it is expected that the employee will return to duty
and that at least one of the following benefits will result:
Increased job ability, protection or improvement of the
employee's health, retention of a desirable employee, or
furtherance of a program of interest to the city. Example of or
conditions for which a leave of absence without pay may be
granted are:
(1) For an employee who is a disabled veteran
requiring medical treatment:
(2) For an employee who is temporarily mentally or
physically unable to perform his/her duties:
(3) For an employee who files for or assumes elected
office:
(4) For maternity or paternity leave, upon the
recommendation of the attending physician:
(5) For military leave when the employee has less than
one year of service to qualify for leave of pay:
(6) For Union. activities, upon designation by the
President of Council 36.
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An approved leave of absence without pay for less than
60 days in any calendar year will not be considered a break in
service. Leave in excess of 60 days shall result in the
advancement of the employee's anniversary date and compensation
advancement date to such date as will account for the total
period of uncompensated time off. Failure to return to duty at
the expiration of the approved leave of absence without pay shall
constitute an automatic resignation.
The City's contribution towards an employee's health
and life insurance premiums will not be extended beyond the
1ast 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 returns to work from a leave of absence without pay
status prior to the date the City's contribution would be
discontinued. In the event the employee desires to maintain full
health and life insurance coverage while on leave of absence
without pay status, he may arrange to pay the insurance premiums
for the coverage desired (both the employee ADS 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 made to the Payroll section prior to the
date on which the City's participation will terminate. Payments
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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 day 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/her employment with the City.
ARTICLE 19
Bilinaual Pav
Each full-time employee, as designated by the City
Administrator and who meets the certification and eligibility
requirements as developed by the Mayor and Common Council shall
be compensated at the rate of $25 per bi-weekly pay period for
each pay period actually worked.
The duties of. the employee(s) receiving bilingual pay
shall be reviewed annually to determine that bilingual duties
assigned to an employee are being performed on a regular and
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frequent basis. The designated employees may be tested annually
for certification and recertification. In the event an eligible
employee is on a leave of absence, with or without compensation,
the appropriate reduction in the above compensation shall be
made.
Not more than 12 employees of the entire City may be
designated to receive bilingual pay.
ARTICLE 20
Health/Life Insurance
A. In conjunction with the open enrollment period of
1987, the City will start the conversion to a cafeteria type plan
for General Employees, Employees without eligible dependents will
have $105 per month to "spend" on City approved benefit plans.
Employees with eligible dependents will have $180 per month to
.spend" on City approved benefit plans. Purchase of dependent
health, dental or vision insurance is required in order to have
access to the $180 amount. City contribution not utilized on
these plans is not usable in any other way and reverts to the
City if not utilized. These plans include: The self-insured
health plan, Kaiser, dental, vision, life and the accidental
death and dismemberment plan insurance.
B. 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
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enrollment only, except for new dependents or the loss of one
through divorce, death or maximum age of child.
C. It is incumbent upon the unit member to complete
the cafeteria plan form, available in the Personnel Office, in
order to receive cafeteria benefits. Cafeteria forms completed
will be processed with the payroll for full month implementation
only. Unit members not signing up for the cafeteria plan will
not receive the benefit of same.
D. A unit member 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."
E. In addition to the group health insurance
coverage, the City shall provide for each employee within the
bargaining unit, $5,000 life and accidental death and
dismemberment plan insurance coverage at no cost to the employee.
ARTICLE 21
Phvsical 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
his/her choice. In the event an employee is authorized to be
examined by a doctor of his/her choice, reimbursement shall be
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made by the city for the cost thereof provided, however, that the
amount of the reimbursement shall not exceed the .cost the City
would have paid its contract physician or medical group.
ARTICLE 22
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 $200 per year, per employee in any of the following
position classifications:
(1) Central Garage Division
(2) Engineering
Mechanics , Servicemen
Traffic Signal
Electricians
(3) Park, Recreation
, Community
Services
Plumbers
Construction ,
Maintenance
Personnel
(4) Public Buildings
Division
Maintenance Personnel
Electricians I , II
(5) Fire Department-
Garage Division
Mechanics
Claims for the above tool replacement allowance shall
be honored provided said personal tools had been required by the
City for the classes as above, adequately marked and inventoried,
a report of such inventory filed with the Department Head and
said tools were properly maintained. Tools stolen or damaged on
the job through no fault of the employee will be replaced by the
employee and reimbursement thereof will be made by the City,
after submission of an appropriate City form accompanied by an
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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 Central Garage
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.
ARTICLE 23
Uniforms and Rain Gear
A. The City shall provide uniforms for the following
position classifications:
(1) Central Garage Division:
Equipment Mechanic
Senior Mechanic
Welder
Auto Body Repairperson
Auto Body Repairman Helper
Automotive Serviceman
(2) Street Division:
Eight Employees assigned to Sewer
Maintenance
Skilled Laborer (Street Barricade)
Eleven employees assigned to Asphalt Crew
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(3) Engineering Division:
Traffic Signal Electrician (10 sets-Uniforms)
(4) Cemetery: Laborer
(5) Central communications: Maintenance
Personnel
(6) Public Buildings Division (Street Lighting):
CUstodian
Building Maintenance Personnel
Electricians I , II
(7) Animal Control: Animal Shelter Attendant
(8) Park, Recreation , community Services:
Maintenance Plumbing Technician
Maintenance Plumber
(9) Refuse: All Permanent Field Personnel
B. The City shall provide a cash allowance for
uniforms for the following position classifications:
(1) Animal Control:
Animal Control Officer
Animal Health Technician
Senior Animal License Checker.
$225 per person at the beginning of each
fiscal year for uniforms as prescribed by the
City.
(2) Public Buildings:
Parking Control Checker
$225 per person at the beginning of each
fiscal year for uniforms as prescribed by the
city.
(3) Police and Fire General Employees:
All permanent personnel in the bargaining
unit as designated by the appropriate Chief.
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$250 per person for original (at hire) issue
for uniforms as prescribed by the City, and
$75 per year (after the first year of
employment) for replacement or additional
purchase.
C. The City shall make appropriate rain gear
available for Refuse Operators, Cemetery personnel, Public
Buildings maintenance personnel, Animal Control personnel,
Parking Control Checkers, Traffic Signal Electricians of the
Engineering Division, and those personnel in the Street Division
and Park, Recreation and community Services Department who may be
required to work in inclement weather. At least ten (10) sets of
rain gear shall be maintained in Central Stores and made
available on loan, as needed, to employees in the Central Garage
and Engineering Divisions.
ARTICLE 24
Education Tuition Assistance
Section 1--Puroose
This program has been established 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, and to provide financial assistance to eligible
employees for education. and training.
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Section 2--Procedures
NOTE: The employee ~ gain course approval by the
Department Head and the Personnel Director PRIOR to the start
date of the course, to be eligible for reimbursement under this
program.
A. An employee who desires to seek tuition
reimbursement under the provisions of this Article must complete,
in triplicate, an Educational Reimbursement form and submit it to
his/her Department Head for approval. Note that the approval of
the Director of Personnel (see B below) is also required in
advance--i.e., prior to the start date of the course.
B. The Department Head will recommend approval
or disapproval based on job relatedness and availability of
budgeted funds for training and forward the Educational
Reimbursement form to the Director of Personnel for advance
approval.
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 retained by the Personnel Department: and the triplicate
will be returned to the department. It is necessary that the
applicant accomplish the procedures so far described in order to
ascertain the eligibility of the intended course of instruction
for reimbursement under. the provisions of this Article prior to
the inception of the course.
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D. The employee will submit his/her copy of the
approved application to the Personnel Department for
reimbursement within three months after completion of the course
and final grade has been received. The employee must include
official verification of his/her final grade with appropriate
receipts for tuition and textbook costs. These will be returned
to the employee upon request. Applications not submitted to the
Personnel Department within three months following completion of
the course become void.
Section 3--Eliaibilitv
A. Applications for tuition reimbursement will be
considered only from full-time, permanent personnel employees who
have completed probation.
B. 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.
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.
(For example, a Fire Enqineer is a candidate for an A.A. Degree
in Fire Science and has completed all course work directly
related to fire suppression duties. A course in American History
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is required for the degree. The history course may qualify for
tuition reimbursement because the degree can be related to the
employee's job).
Section 4--Reimbursement
A. Reimbursement will be for the cost of tuition or
registration fees and the required text book(s) for each course,
subject to the limits found in this Article. Additional expenses
such as meals and parking fees are not reimbursable.
B. Costs for required texts are eligible for 50%
reimbursement. The employee may retain the books.
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 and book
reimbursement per semester is $l25. NOTE: Summer session shall
be counted as a separate "semester" for purposes of this
provision.
D. 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 6
.semester" units per semester. One "quarter" unit shall equal
2/3 of 1 "semester" unit.
E. Prior to receiving reimbursement, employees must
submit documentary proof of having received a grade of not less
than "B" for the course. If objective ratings are not rendered
for a specific course, then a certificate of successful
completion must be submitted.
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F. Approval will be limited to courses given by
accredited colleges and universities, City colleges or adult
education courses under the sponsorship of the Board of
Education, Workshops, seminars, conferences and similar
activities not identifiable 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
Department Head to attend a particular course or seminar, the
expense shall be borne entirely by the Department, and outside of
this Article.
ARTICLE 25
Fines
The city shall pay for court fines imposed upon each
permanent General Employee within the unit of representation
as a result of his/her conviction of a traffic violation when
such employee was directed to operate any faulty vehicle or
vehicular equipment, which was the proximate cause of a
mechanical or other traffic violation, provided that such
violation did not result from improper or negligent operation of
the vehicle on the part. of the employee.
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ARTICLE 26
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 if they
provide a copy of the subpoena to the city within twenty-four
hours of receipt.
ARTICLE 27
Blood Donations
Unit Members who donate blood in the interest of the
City, without receiving compensation for such donation, may have
the required time off with pay with prior approval of the
immediate supervisor for each such donation. This benefit shall
not be charged to any accumulated leave: provided, however, if
the employee is unable to work after such donation, time may be
charged to accumulated sick leave or be taken as leave without
pay. Evidence of each donation must be presented to the
appointing authority to receive this benefit.
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ARTICLE 28
Polvaraph
No member of the bargaining unit shall be required to
undergo a polygraph examination as a condition for the retention
of employment with the City in a non-criminal matter. Nor shall
any employee be subject to discipline for refusal to take such an
examination in non-criminal matters.
ARTICLE 29
Bulletin Boards
The City will provide adequate space on bulletin boards
in each Department/Division for the purpose of the Union posting
notice of pertinent. Union business. The Union agrees that
nothing libelous, obscene, defamatory or of a partisan political
nature shall be posted. In the event that there is a dispute
arising out of the pertinency of any literature the Union chooses
to post, the City Administrator or his/her designated
representative and a Union representative will immediately meet
to resolve the problem.
ARTICLE 30
Senioritv
Department Heads will consider seniority in authorizing
vacations, scheduling shift assignments and transfers. Seniority
shall prevail when all factors are not significantly different.
All factors is defined as special qualifications, skills, work
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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 possesses the minimum
requirements of knowledge, skill and experience provided that the
employee subject to layoff has longer service in his/her class
than the employee he would displace has in his/her class. Any
regular employee subject to layoff under this rule shall in lieu
thereof be allowed a demotion to the next lower class of his/her
department in which the employee subject to layoff possesses the
minimum requirements of. knowledge, skill and experience and shall
become the senior employee of that class for the purposes of this
rule. Any employee laid off or demoted to a lower class or
-43-
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transferred to an equal class under this Article shall have the
right for two years to be re-employed, transferred or promoted to
their former class or any lower class upon the first vacancy
occurring in any such class in the department provided he
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 re-employment preferred register shall regain
tenure-seniority for prior service. Notice of reduction in force
shall be presented to the Union and the affected employee. Such
notice shall be in writing by the Personnel Department. An
employee shall be given at least 30 days notice prior to layoff.
ARTICLE 31
Probationarv Period
All new or promoted employees must serve a six (6)
month probationary period~ except for new employees hired into
the following departments: Police, Personnel, Fire, Engineering,
Finance and all divisions of the City Administrator's office who
shall serve a one (1) year probationary period.
ARTICLE 32
Grievance Procedure
Definition of. employee grievance: A grievance is an
alleged violation of the terms of an existing MOU or of the laws,
ordinances, resolutions concerning or affecting wages, hours or
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other conditions of employment. Whenever the grievance procedure
is used under this Memorandum of Understanding, it will be
exclusive remedy pursued. As used in this procedure, the term
immediate supervisor means the lowest level of supervisor not
within the general employee representation unit. When a
grievance exists, as defined above, a grievant may appeal in
accordance with the procedures set forth below. There is
provided a mechanism for settling the grievance informally with
the immediate supervisor. If this proves unsatisfactory, the
grievance can be formally presented in succession to a higher
supervisor than the Division and/or Department Head, the
Personnel Director, and, finally, to the city Administrator who
will be the ultimate authority.
PROCEDURAL STEPS FOR HANDLING OF GRIEVANCES:
A. An attempt shall be made to ascertain all facts
and adjust all grievances on an informal basis between the
employee and, if he/she desires, the designated Union represen-
tative and a supervisor in the employee's chain of command, up to
and including the Division Head. Presentation of the grievance
shall be made within 10 working days of the incident causing the
grievance or of the grievant's knowledge of the incident's
occurrence.
B. (1) If the grievance is not adjusted to the
satisfaction of the employee involved, within 5 working days
after the presentation of the grievance, the grievance shall be
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submitted in writing, by the employee or his/her designated
representative to the Department Head, within the next 10 working
days. The Department Head shall meet with the employee and/or
his/her designated representative within 5 working days of
receipt of the written grievance and shall deliver his/her
answer, in writing, to the employee 5 working days after the
meeting.
(2) If the grievance is still not adjusted, the
aggrieved party may file a written appeal with the Director of
Personnel within 10 working days from the date of delivery of
said answer. The designated city representative shall meet with
the employee, and, if the employee desires, the designated Union
representative, within 5 working days after receipt of the appeal
and shall deliver his/her answer, in writing, to the employee
within the 5 working days after the meeting.
(3) If the grievance is still not adjusted, the
aggrieved party may file a written appeal with the City
Administrator or his/her designated representative within 10
working days from the date of delivery of said answer. The City
Administrator or his/her designated representative may meet with
the employee and, if the employee desires, the designated Union
representative, within 5 working days after the receipt of the
appeal and shall deliver his answer, in writing, to the employee
within the 7 working days after the meeting.
(4) If the grievance is still not adjusted, the
parties may agree, within 30 working days, upon any mutually
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acceptable impasse procedure, including but not limited to
zediation, conciliation or advisory arbitration. The grievant
zust have the written approval or "sign off" of his/her
bargaining unit prior to invoking advisory arbitration submitted
to the City Administrator. The impartial mediator, conciliator
or advisory arbitrator shall be selected jointly by the City and
the aggrieved employee or, if he/she desires, by his/her union
representative. The fees and expenses incurred as a result of
requesting an impartial mediator, conciliator or advisory
arbitrator, to resolve the issue shall be shared equally by the
city and the employee or the Union if the Union invokes
arbitration.
(5) If the parties agree upon a mutually
acceptable impasse procedure but cannot agree upon an arbitrator,
a list of 5 arbitrators shall be obtained from the California
state Conciliation service or other mutually agreeable source and
each party shall alternately strike one from the list until only
one name remains. The first party to strike a name shall be
determined by lot.
(6) The arbitrator shall have no authority to add
to, delete or alter any provision of this Memorandum of
Understanding or the resolutions governing the employer-employee
relations program but shall limit his/her decisions to the
application and interpretation of the provisions therein.
(7) Any grievance not answered by the City within
the specified time limits listed above shall be deemed settled on
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the basis of the Union's original demand. Likewise, any griev-
ance not answered by the Union 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.
ARTICLE 33
Union Representation
When requested by an employee, a steward may investi-
gate any alleged or actual grievance in the jurisdiction to which
a steward has been assigned, or elsewhere in the City if speci-
fically requested by a grievant, and assist in its presentation.
The steward representing an employee in a grievance proceeding
shall be allowed reasonable time during working hours for such
purposes, without loss of time or pay, upon notification to and
with the approval of his/her immediate supervisor and concurrence
by his/her Division or Department Head. Approval to investigate
and process a grievance will not be unreasonably withheld. The
privilege of a steward to leave his/her work during working
hours, without loss of time or pay, is subject to the understand-
ing that the time will be devoted to the proper handling of
grievances within the unit of representation, and will not be
abused. Stewards will perform their regularly assigned work at
all times, except when necessary to leave their work to handle
grievances as provided herein.
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A steward will not be granted time off, nor compen-
sation 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 steward for every 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 session between the City Administrator or
his/her designated representative and the local President or
his/her designated representative to resolve the problem.
Punitive action shall not be taken against employees for
performing their duties as stewards. The Union shall furnish the
Director of Personnel with an up-to-date steward list each
quarter including names of stewards and work locations. Changes,
other than on the quarterly lists ~ill not be recognized by the
City, other than for a steward who has left the bargaining unit
or City employment.
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ARTICLE 34
EmDlovee Lists
The City agrees to provide the Union a list of names of
the employees in the bargaining unit on a quarterly basis
commencing with the ratification of this MOU.
ARTICLE 35
Skellev Riahts
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.
Employees have the right to Union representation under Government
Code 3500 (Meyers-Mi1ias-Brown Act).
1. The employee shall receive advance notice of
the proposed disciplinary action. Reasonable advance notice
shall be provided to the employee.
2. The. notice must contain the reasons and the
charges upon which the proposed action is based.
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3. The notice must also contain a statement of
the events or circumstances upon which the action is based.
4. The employee must be given the materials, if
any, upon which the action is based.
5. The employee shall have the right to respond
either orally or in writing within a reasonable time to the
appointing authority (department head/division head) imposing the
discipline.
6. The disciplinary procedure should be used for
all serious disciplinary actions which are normally considered
(1) demotions, (2) discharges, (3) reductions in pay, and (4)
suspensions.
ARTICLE 36
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 37
Personnel Files
(1) The Personnel Department shall keep and maintain
an official personnel file for employees, which shall contain all
information relative to the employee. No other files, records or
notations shall be official except as may be prepared or used by
the city or its counsel in the course of preparation for any
pending case, such as the FEPC or civil service matter or
grievance.
(2) An employee's supervisor may maintain a file
pertaining to an employee which shall contain job-related
information only. It shall be the Supervisor's responsibility to
inform the employee with a copy thereof, of any detrimental
.aterial in the file that may affect the employee's performance
evaluation. An employee may grieve over the factuality of or
propriety of any material in such file. Such files shall be
confidential. Both the City and the Union agree that an
employee's failure to challenge any material in such file does
not justify the conclusion that the employee is in agreement with
any such material. The file shall not follow the employee upon
1eaving the jurisdiction of the supervisor. Any detrimental
.aterial shall not be used after 18 months from the date of
placement of such. Such files shall not contain a copy of any
disciplinary action against an employee.
(3) Employees and/or their authorized representatives,
if authorized by the employee, shall have the right, upon
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request, to review the contents of their official personnel files
and supervisor's 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.
(4) A copy of any disciplinary action or material
related to employee performance which is placed in the personnel
file shall be served upon t~e employee (the employee so noting
receipt), or sent by certified mail (return receipt requested) to
his/her last address appearing on the records of the city. It is
the obligation of each employee to provide the city with his/her
current address.
(5) Any written warning, discipline or detrimental
material shall not be considered if, from the date of the last
warning or discipline, 18 months pass without the employee
receiving an additional warning or discipline for such offense or
for a similar or related offense.
ARTICLE 38
Safetv Committee
There is established an Employee Safety and Accident
Review Board and Safety Committee in which the General Unit has
membership (3 members).. The Board will review all recordable
accidents (both City equipment and personal injury of City
employee) and make recommendations to the proper appointing
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authority for all corrective actions in establishing better job
safety.
The Board will improve safety communications throughout
the City and review each accident on or off City property. The
Board will investigate all "industrial type" accidents and
"vehicular" accidents and make recommendations on how the
accident could have been prevented. The Board is expected to
establish its own rules of conduct, to elect its own officers the
first meeting in January and keep Minutes of all its meetings,
findings and recommendations.
The Committee is expected to meet no less than once a
month at a time agreeable to all members. Upon completion of
reviews of accidents/incidents, the Committee will make
recommendations for corrective measures to establish safer
working conditions and may recommend disciplinary action. The
Director of Risk Management, or hiS/her designated
representative, will receive the Committee's recommendations and
direct same to the City Administrator.
ARTICLE 39
Labor-Manaaement Committee
The Labor-Management Committee shall continue for the
term 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 representatives to
serve on the committee from different departments. The City
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shall also designate three 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 committee members to the
Director of Personnel each July.
ARTICLE 40
parkina Facilities
The city agrees to meet and confer with the Union in
the event there are any future costs imposed upon employees for
parking.
ARTICLE 41
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
proposals with respect to any subject or matter not removed by
law, City Charter, Ordinance, ReSOlution, Personnel and
Departmental rules and regulations, from the scope of negotiable
issues and that the understandings arrived at by the parties
after the exercise of that right and opportunity are set forth
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herein. Therefore, the City and the Union for the life of this
Memorandum of Understanding each voluntarily and unqualifiedly
waives the right, each agrees that the other shall not be
obligated to meet and confer with respect to any subject or
matter referred to, or covered in this 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.
ARTICLE 42
Severabilitv
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
regulations of the City of San Bernardino. If any part or
provision of this Memorandum of Understanding is in conflict or
inconsistent with such applicable provisions of those Federal,
state or City enactments, or it is otherwise held to be invalid
or unenforceable by any court of competent jurisdiction, such
part or provisions shall be suspended and superseded by such
applicable law or regulations, and the remainder of this
Memorandum of Understanding shall not be affected thereby. The
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parties hereto agree to refrain from initiating any action that
would invalidate any part of the Memorandum of Understanding.
ARTICLE 43
Duration of Aareement
This Memorandum of Understanding will run for the
period commencing December 21 and ending on June 30, 1988.
ARTICLE 44
Contract printina
The City shall pay the cost of printing the Memorandum
of Understanding. The City shall distribute the Memorandum of
Understanding to the bargaining unit and new employees.
ARTICLE 45
Wages
Effective January 4, 1988, the attached salary
resolution will be implemented so as to place each employee
on the first step in the salary range which gives the
employee an increase in salary, except for those employees
for which an increase was not recommended in the study.
Then a 4' salary increase will be applied to the General
Unit Salary Schedule. Employee step increases shall not be
granted for the period. January 4, 1988 through June 30,
1988.
step increases not granted during the period of
January 4, 1988 through June 30, 1988 shall become
effective July 4, 1988.
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ARTICLE 46
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 1988,
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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